Terms of service
TERMS OF SERVICE
Effective Date: September 19, 2026
Welcome to Ember Playberry. These Terms of Service (“Terms”) govern your access to and use of the Ember Playberry online store, including browsing merchandise, reviewing product information, placing orders, making payments, and communicating with us regarding purchases or customer support.
Throughout these Terms, “Ember Playberry,” “we,” “us,” and “our” refer to Ember Playberry. “You,” “your,” “customer,” and “user” refer to any person who visits, shops from, purchases through, or otherwise interacts with our online store.
By accessing our website or submitting an order, you agree to these Terms together with the policies, product instructions, safety notices, and other information applicable to your transaction.
1. ABOUT EMBER PLAYBERRY
Ember Playberry operates an online retail store that may offer children’s toys, educational products, activity sets, puzzles, creative-play merchandise, baby and toddler items, family games, gifts, and related consumer products.
Our merchandise, colors, themes, materials, age ranges, sizes, and available collections may change over time.
2. RELATED STORE POLICIES
These Terms should be read together with our:
Privacy Policy;
Shipping Policy;
Return & Refund Policy;
Product-specific instructions;
Age recommendations;
Safety warnings;
Promotional conditions; and
Other notices displayed through our store.
Where a particular product contains more specific instructions or restrictions, those requirements supplement these Terms.
3. CUSTOMER ELIGIBILITY
You must have the legal capacity required under applicable law to complete a purchase through our store.
If you have not reached the applicable age of majority, purchases should be completed only with appropriate authorization or involvement from a parent or legal guardian where required.
4. ADULT PURCHASERS AND CAREGIVERS
Products intended for children should be selected by an adult or caregiver who can evaluate the child’s individual needs and abilities.
The purchaser is responsible for considering:
Age;
Development;
Coordination;
Strength;
Play behavior;
Maturity; and
Supervision needs.
5. ACCEPTABLE STORE USE
Ember Playberry may be used for lawful shopping, product research, order management, and related customer-service purposes.
You must not use our store to:
Commit fraud;
Use unauthorized payment information;
Attempt unauthorized access to systems or accounts;
Circumvent security protections;
Introduce malware or harmful code;
Disrupt website operation;
Infringe intellectual property or privacy rights;
Unlawfully collect information; or
Engage in conduct prohibited by applicable law.
6. PRODUCT REVIEW BEFORE PURCHASE
Customers should carefully review available product information before ordering.
Relevant considerations may include:
Recommended age;
Product dimensions;
Materials;
Included parts;
Weight or capacity limits;
Assembly requirements;
Battery requirements;
Intended use;
Adult supervision guidance; and
Safety warnings.
7. PRODUCT INFORMATION
Ember Playberry makes reasonable efforts to provide clear and useful merchandise information.
Listings may include:
Product descriptions;
Photographs;
Age guidance;
Materials;
Dimensions;
Included components;
Assembly information;
Usage instructions;
Safety notices; and
Other relevant specifications.
Some information may originate from manufacturers, distributors, or suppliers.
8. AGE GUIDANCE
Age recommendations are general guidance and do not replace responsible adult judgment.
A product that is suitable for one child may not be suitable for another child of the same age.
Parents and caregivers should consider the child’s individual abilities before use.
9. SMALL PARTS
Certain products may contain small components that can present choking hazards.
Customers should review product warnings and packaging carefully before allowing a young child to use merchandise.
Small parts should be kept away from children below the recommended age.
10. ADULT SUPERVISION
Some toys, games, craft kits, or activity products may require adult supervision.
Where supervision is recommended, children should not use the product unattended.
11. INITIAL PRODUCT INSPECTION
Customers should inspect merchandise before first use.
A product should not be used if it appears materially:
Broken;
Cracked;
Loose;
Torn;
Incomplete;
Sharp;
Unstable; or
Otherwise unsafe.
12. CONTINUED SAFETY INSPECTION
Toys and play products may wear over time.
Parents and caregivers should periodically check merchandise for:
Loose parts;
Frayed material;
Exposed stuffing;
Cracks;
Splits;
Damaged fasteners;
Sharp edges;
Damaged electronic parts; or
Other signs of deterioration.
Products that become unsafe should be removed from use.
13. ASSEMBLY
Some products may require adult assembly.
Customers should follow supplied instructions and confirm that the product is properly assembled before use.
Before allowing a child to use an assembled item, customers should verify that:
Fasteners are secure;
Required parts are installed;
Moving components function correctly;
Protective covers are in place; and
The product appears stable.
14. ASSEMBLY COMPONENTS
Screws, clips, bolts, plastic bags, packaging materials, and other assembly components may not be suitable for children.
Such items should be kept away from children during setup and stored or discarded appropriately afterward.
15. BATTERY-OPERATED PRODUCTS
If Ember Playberry offers battery-operated toys, customers should follow applicable instructions concerning:
Battery type;
Battery orientation;
Installation;
Replacement;
Charging;
Battery compartments;
Storage; and
Disposal.
16. BATTERY SAFETY
Customers should not mix incompatible battery types or new and used batteries where product instructions prohibit doing so.
Leaking, swollen, corroded, or damaged batteries should not continue to be used.
Battery compartments should remain properly secured where required.
17. ELECTRONIC AND RECHARGEABLE TOYS
Electronic or rechargeable products should be used according to applicable instructions regarding:
Chargers;
Charging time;
Voltage;
Water exposure;
Heat;
Cleaning;
Storage; and
Indoor or outdoor use.
Damaged cords, charging ports, batteries, or electronic components should not continue to be used where unsafe.
18. MAGNETIC TOYS
Where merchandise contains magnets, customers should inspect products regularly.
Loose or detached magnets can create serious hazards if swallowed.
A product with accessible damaged magnets should immediately be removed from use.
19. MOVING OR PROJECTILE PRODUCTS
Products containing moving parts, springs, wheels, or projectiles should be used according to applicable safety guidance.
Such products should not be aimed at faces, eyes, pets, or unintended targets where doing so could cause injury.
20. ACTIVE-PLAY PRODUCTS
Where ride-on, balance, exercise, or movement-related toys are offered, customers should review applicable:
Age guidance;
Weight limits;
Surface requirements;
Protective-equipment recommendations; and
Supervision instructions.
21. OUTDOOR USE
Products should be used outdoors only where they are designed for outdoor use.
Rain, moisture, sunlight, heat, freezing temperatures, and rough surfaces may damage merchandise not designed for such conditions.
22. WATER-PLAY PRODUCTS
Toys intended for bath, pool, or water play should be used strictly according to applicable instructions.
Water-play merchandise does not replace responsible adult supervision or appropriate water-safety practices.
23. CREATIVE PLAY PRODUCTS
Where Ember Playberry offers coloring sets, paints, craft kits, modeling materials, slime, stickers, or similar products, customers should review:
Age recommendations;
Ingredient information;
Cleanup instructions;
Surface-protection guidance;
Ventilation recommendations; and
Safety warnings.
24. SURFACE PROTECTION
Markers, paint, glue, slime, modeling products, dyes, and similar materials may stain clothing, furniture, floors, or other surfaces.
Customers should protect surrounding surfaces where appropriate.
25. EDUCATIONAL PRODUCTS
Educational toys, puzzles, flash cards, games, and activity products may support learning and skill development.
However, learning outcomes vary among children.
Ember Playberry does not guarantee particular academic, developmental, or behavioral results.
26. PUZZLES AND MULTI-PIECE GAMES
Products containing many pieces should be checked regularly to ensure components remain complete and in suitable condition.
Missing pieces may affect proper use or create safety concerns depending on the product.
27. PLUSH AND FABRIC TOYS
Plush toys, dolls, fabric accessories, and stuffed merchandise should be inspected for:
Loose seams;
Exposed filling;
Detached eyes;
Buttons;
Decorative components; and
Torn fabric.
Damaged items should be removed from use where continued use may be unsafe.
28. WOODEN TOYS
Wooden products may naturally vary slightly in:
Grain;
Tone;
Texture; or
Surface appearance.
A wooden product should be removed from use if it becomes materially splintered, cracked, broken, or unsafe.
29. PLASTIC PRODUCTS
Plastic toys may become damaged through impact, heat, sunlight, or repeated rough use.
Customers should stop using products that develop sharp edges, cracks, severe deformation, or brittle components.
30. TEXTILE PRODUCTS
Fabric play products may naturally soften, crease, fade slightly, or change through ordinary washing and use.
Customers should follow applicable care instructions.
31. PRODUCT DIMENSIONS
Dimensions, weights, and measurements may be approximate unless expressly stated otherwise.
Minor manufacturing tolerances may occur.
Customers should review dimensions carefully where size affects suitability or safety.
32. COLORS AND APPEARANCE
We make reasonable efforts to display merchandise accurately.
Actual colors, patterns, textures, or finishes may vary slightly because of:
Lighting;
Photography;
Device settings;
Screen calibration;
Material characteristics; or
Production variation.
Exact digital color matching cannot be guaranteed.
33. PRODUCT PHOTOGRAPHY
Product images may include children, furniture, storage products, books, décor, or other items used only for demonstration, scale, or styling.
Only merchandise expressly identified as included in the applicable product listing forms part of your purchase.
34. PRODUCT SETS
Some products may be sold as sets, kits, collections, or bundles.
Customers should review the listing carefully to determine:
Number of pieces;
Included accessories;
Included batteries where applicable;
Hardware;
Instructions; and
Other components.
35. CLEANING AND CARE
Customers should follow applicable cleaning and maintenance instructions.
Certain products may be damaged by:
Harsh chemicals;
Excessive moisture;
High temperatures;
Abrasive cleaning;
Improper washing; or
Improper drying.
36. STORAGE
Toys should be stored appropriately when not in use.
Where necessary, customers should keep supervision-only toys, batteries, small components, craft supplies, or sharp accessories out of children's reach.
37. PRODUCT MODIFICATION
Customers should not materially cut, drill, dismantle, repaint, modify, or alter toys in a way that compromises intended operation or safety.
Material modifications may affect return or warranty eligibility to the extent permitted by applicable law.
38. PRODUCT AVAILABILITY
All merchandise remains subject to availability.
Adding an item to a shopping cart does not permanently reserve inventory.
Products, colors, themes, sizes, or variants may become unavailable before fulfillment.
If paid merchandise cannot be supplied, any amount owed will be refunded.
39. LIMITED OR SEASONAL PRODUCTS
Certain collections, themes, promotional products, seasonal toys, or limited-edition items may be available only while supplies last.
Ember Playberry does not guarantee that sold-out or discontinued merchandise will be restocked.
40. PURCHASE LIMITS
We may establish reasonable quantity limits for certain products, promotions, customers, households, accounts, or transactions.
Orders exceeding applicable limits may be adjusted or canceled.
Any amount owed for canceled paid merchandise will be refunded.
41. PRICING
Prices may change for future transactions.
The price properly displayed during checkout when an order is submitted will generally apply to that transaction, subject to correction of genuine errors where permitted by applicable law.
42. TAXES AND ORDER TOTAL
The final checkout amount may include:
Merchandise charges;
Applicable taxes;
Shipping charges;
Promotional adjustments; and
Other amounts disclosed before payment authorization.
Customers should review the complete total before completing a purchase.
43. PROMOTIONS
Ember Playberry may periodically offer sales, promotional codes, bundles, gifts with purchase, introductory discounts, or other offers.
Promotions may contain separate conditions concerning:
Eligible products;
Minimum spending;
Expiration dates;
Redemption limits;
Customer eligibility; and
Combination with other promotions.
44. PROMOTIONAL MISUSE
Expired, altered, duplicated, fraudulent, or unauthorized promotional use may be rejected.
Promotional benefits have no cash value except where required by applicable law.
45. STORE INFORMATION ERRORS
Despite reasonable efforts, genuine errors may occasionally occur involving:
Product descriptions;
Prices;
Measurements;
Age guidance;
Materials;
Inventory;
Product photographs; or
Promotional information.
Ember Playberry may correct such errors when identified.
46. MATERIAL ERRORS AFFECTING AN ORDER
If a material error is discovered before fulfillment, we may provide corrected information or cancel the affected merchandise where appropriate.
Any amount owed for canceled paid merchandise will be refunded.
47. PLACING AN ORDER
Completing checkout constitutes your request to purchase the merchandise identified in your order.
An automated confirmation generally acknowledges receipt of your order request.
It does not necessarily constitute final acceptance or guarantee fulfillment.
48. ORDER REVIEW
Before fulfillment, Ember Playberry may reasonably verify:
Product availability;
Variant availability;
Payment authorization;
Billing information;
Shipping details;
Purchase quantities; and
Transaction security.
Additional information may be requested where reasonably necessary.
49. ORDER ACCEPTANCE OR REFUSAL
Ember Playberry may accept, decline, hold, or cancel an order for legitimate reasons.
Examples may include:
Product unavailability;
Failed payment authorization;
Material pricing or listing errors;
Incomplete transaction information;
Reasonable fraud concerns;
Unauthorized payment activity;
Delivery limitations; or
Applicable legal requirements.
Any amount owed for canceled paid merchandise will be refunded.
50. CUSTOMER INFORMATION
Customers are responsible for providing complete and accurate information during checkout.
Please verify:
Full name;
Email address;
Telephone number where requested;
Billing information;
Shipping address; and
Payment details.
If you identify an error, contact Ember Playberry promptly.
Changes cannot be guaranteed once fulfillment begins.
51. PAYMENT AUTHORIZATION
Available payment methods will be displayed during checkout.
By submitting payment information, you represent that you are authorized to use the selected payment method and authorize the applicable transaction.
Independent payment processors or financial institutions may process payments on our behalf.
52. TRANSACTION SECURITY
Ember Playberry may use reasonable procedures intended to identify potentially fraudulent or unauthorized transactions.
Orders presenting legitimate security concerns may be delayed for verification.
Customers must not knowingly use unauthorized payment information, impersonate another purchaser, provide materially false billing information, or attempt to bypass transaction-security measures.
53. SHIPPING
Order processing and shipment are governed by our separate Shipping Policy.
Customers should review that policy for information concerning applicable:
Processing periods;
Shipping methods;
Shipping charges;
Estimated delivery periods; and
Geographic delivery limitations.
54. DELIVERY ESTIMATES
Delivery dates and transit periods are estimates unless expressly identified as guaranteed.
Carrier operations, severe weather, holidays, transportation disruptions, seasonal demand, address issues, or other circumstances outside our reasonable control may affect delivery.
55. SHIPPING ADDRESS RESPONSIBILITY
Customers must provide a complete and accurate delivery address.
If you identify an address error after ordering, contact Ember Playberry promptly.
We may attempt to correct eligible information before shipment, but changes cannot be guaranteed after fulfillment or carrier processing begins.
56. MULTIPLE SHIPMENTS
Orders containing several products may occasionally be shipped in separate packages.
Different packages may have separate tracking information or delivery dates.
Receipt of one package does not necessarily mean the complete order has been delivered.
57. ORDER MODIFICATIONS
Customers may request changes before fulfillment has progressed too far.
Depending on order status, we may be unable to modify:
Product selection;
Color;
Size;
Quantity;
Shipping information; or
Other transaction details.
A requested modification becomes effective only when confirmed by Ember Playberry.
58. CANCELLATION REQUESTS
Customers may request cancellation while fulfillment can reasonably be stopped.
Submitting a cancellation request does not guarantee cancellation.
Once merchandise has shipped, available options will generally be governed by our Return & Refund Policy.
59. RETURNS AND EXCHANGES
Our separate Return & Refund Policy governs eligibility and procedures for returns and exchanges.
Applicable requirements may concern:
Return deadlines;
Product condition;
Original packaging;
Included parts;
Assembly condition;
Usage condition;
Proof of purchase; and
Product-specific exclusions.
Nothing in these Terms limits mandatory consumer rights that cannot legally be waived.
60. CONDITION OF RETURNED TOYS
To the extent permitted by applicable law, return eligibility may be affected if merchandise has been materially:
Used;
Assembled;
Modified;
Damaged;
Washed;
Stained;
Missing components; or
Otherwise changed after delivery.
Customers should review our Return & Refund Policy before substantially using or altering merchandise they may wish to return.
61. HYGIENE-SENSITIVE PRODUCTS
Certain plush products, baby products, bath toys, wearable merchandise, or other personal-use items may have additional return conditions for hygiene reasons.
Where permitted by law, eligibility may be affected after merchandise has been used, washed, contaminated, or materially changed.
62. COMPLETE SET REQUIREMENTS
Where a game, puzzle, craft kit, or toy set contains multiple components, return eligibility may depend on all required pieces, instructions, accessories, and packaging being included.
Missing or materially used components may affect eligibility where permitted by law.
63. REFUND PROCESSING
Approved refunds will be processed according to our Return & Refund Policy.
Where appropriate, refunds will generally be issued through the original payment method.
Banks, card issuers, and payment providers may require additional time to make refunded funds available.
64. DAMAGED, DEFECTIVE, OR INCORRECT PRODUCTS
Customers should inspect merchandise reasonably promptly after delivery.
If an item arrives damaged, defective, incomplete, or materially different from what was ordered, please contact Ember Playberry.
We may reasonably request:
Your order number;
A description of the issue;
Photographs of the merchandise;
Photographs of damaged or missing components;
Photographs of labels where relevant; and
Photographs of applicable packaging.
Available remedies will be determined according to our policies and applicable law.
65. PRODUCT SAFETY AND RECALLS
If merchandise sold through Ember Playberry becomes subject to an applicable recall or significant safety notice, customers should follow instructions issued by the responsible manufacturer, supplier, or regulatory authority.
Where appropriate, Ember Playberry may take reasonable steps to communicate relevant information to affected customers.
66. CUSTOMER ACCOUNTS
If customer account functionality is available, customers are responsible for maintaining reasonable security over login credentials.
Please contact us if you suspect unauthorized account access.
We may temporarily restrict account functionality where reasonably necessary to protect store security or investigate suspicious activity.
67. PRIVACY
Our Privacy Policy explains how personal information associated with customers and visitors may be collected, used, retained, disclosed, and protected.
Please review that policy together with these Terms.
68. INTELLECTUAL PROPERTY
Our website may contain product photographs, graphics, descriptions, illustrations, written materials, logos, trademarks, layouts, designs, branding, and other protected content.
Such materials may belong to Ember Playberry or applicable licensors, manufacturers, suppliers, designers, or other rights holders.
Accessing our store does not transfer ownership of these materials.
69. USE OF STORE CONTENT
Customers may view Ember Playberry content for ordinary personal shopping and informational purposes.
Unless separately authorized or permitted by applicable law, protected content may not be commercially copied, reproduced, modified, republished, distributed, licensed, sold, or otherwise exploited.
The Ember Playberry name and branding must not be used in a manner that falsely suggests sponsorship, authorization, affiliation, or endorsement.
70. CUSTOMER REVIEWS AND FEEDBACK
Where available, customers may submit reviews, ratings, photographs, comments, suggestions, or other feedback.
Submissions should reflect genuine experiences and must not knowingly contain unlawful, fraudulent, infringing, malicious, threatening, defamatory, or privacy-violating material.
We may moderate or remove submissions where reasonably appropriate.
71. PUBLIC CUSTOMER SUBMISSIONS
For content intentionally submitted for public display, you grant Ember Playberry a non-exclusive permission to reproduce, display, format, and use that content in connection with operating and promoting our store, subject to applicable law and our Privacy Policy.
You retain ownership rights you otherwise possess in your original content.
72. THIRD-PARTY SERVICE PROVIDERS
Ember Playberry may rely on independent providers for services including:
Website technology;
Payment processing;
Communications;
Analytics;
Order fulfillment; and
Shipping.
Such providers may maintain separate terms and privacy practices.
To the extent permitted by applicable law, Ember Playberry is not responsible for independent third-party conduct outside our reasonable control.
73. EXTERNAL LINKS
Our website may contain links to third-party websites or services.
Providing a link does not necessarily indicate that Ember Playberry owns, controls, sponsors, endorses, or guarantees the external service.
Customers should independently review applicable third-party terms and privacy practices.
74. PROHIBITED CONDUCT
You must not:
Engage in fraudulent or unlawful transactions;
Submit unauthorized payment information;
Attempt unauthorized access to systems or accounts;
Circumvent security protections;
Introduce malware, viruses, or harmful code;
Intentionally interfere with website functionality;
Unlawfully collect personal information;
Infringe intellectual property or privacy rights;
Submit materially deceptive transaction information; or
Assist another person in prohibited conduct.
Material violations may result in access restrictions.
75. WEBSITE AVAILABILITY
Ember Playberry makes reasonable efforts to maintain reliable online store functionality.
Maintenance, cybersecurity measures, software updates, technical failures, network interruptions, or third-party outages may temporarily affect availability.
Continuous or error-free operation is not guaranteed.
76. CHANGES TO PRODUCTS AND SERVICES
Ember Playberry may introduce, modify, replace, suspend, or discontinue merchandise, collections, website features, or services.
Changes to future offerings do not eliminate obligations relating to completed transactions or mandatory consumer protections.
77. WARRANTIES AND CONSUMER RIGHTS
To the maximum extent permitted by applicable law, our website and digital services are provided on an “as available” basis.
Products may also carry separate manufacturer or supplier warranties where applicable.
Nothing in these Terms excludes statutory warranties, consumer guarantees, product-safety protections, or other rights that cannot legally be excluded.
78. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Ember Playberry will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of our website or services where such liability may lawfully be excluded or limited.
Any exclusion or limitation applies only to the extent permitted by applicable law.
Nothing in these Terms restricts liabilities, statutory rights, consumer protections, or remedies that cannot legally be restricted.
79. RESPONSIBLE CHILD PRODUCT USE
Parents, guardians, and caregivers are responsible for selecting products suitable for the intended child and following applicable age, assembly, supervision, and safety guidance.
To the extent permitted by applicable law, Ember Playberry is not responsible for harm resulting solely from material misuse, intentional disregard of clear warnings, or continued use of visibly damaged merchandise.
This provision does not exclude liability that cannot legally be excluded.
80. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify Ember Playberry against reasonable third-party claims, liabilities, losses, damages, and expenses arising from your unlawful use of our services, material violation of these Terms, or infringement of another person's legal rights.
This provision does not require you to assume responsibility that applicable law requires Ember Playberry to bear.
81. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited or severed only to the extent necessary.
The remaining provisions will continue in effect.
82. RESTRICTION OR TERMINATION OF ACCESS
You may stop using Ember Playberry at any time.
We may restrict or suspend access where reasonably necessary because of fraud, unlawful activity, serious security concerns, substantial misuse, or material violation of these Terms.
Provisions intended by their nature to survive termination remain effective to the extent permitted by applicable law.
83. RELATED STORE POLICIES
These Terms should be read together with our:
Privacy Policy
Shipping Policy
Return & Refund Policy
These policies supplement these Terms and provide additional conditions concerning their respective subjects.
84. ENTIRE AGREEMENT
These Terms together with applicable policies incorporated by reference constitute the agreement governing use of the Ember Playberry online store and purchases made through it.
Our failure to enforce a provision on one occasion does not automatically waive our right to enforce that provision later.
85. GOVERNING LAW
These Terms are governed by applicable laws of the United States and, where applicable, the laws of the State of North Carolina.
Nothing in these Terms is intended to waive, reduce, restrict, or eliminate mandatory consumer protections, statutory rights, or remedies available under applicable law.
86. CHANGES TO THESE TERMS
Ember Playberry may revise these Terms periodically to reflect changes in merchandise, business operations, technology, website functionality, store policies, or applicable legal requirements.
The current version may be published through our online store with a revised effective date.
Where applicable law requires additional notice or consent regarding a material amendment, we will comply with those requirements.
87. CONTACT EMBER PLAYBERRY
For questions regarding these Terms of Service, your order, merchandise, or use of the Ember Playberry online store, please contact us:
Shop Name: Ember Playberry
Address: 101 Alexander Dr, Cleveland, NC 27013, United States
Phone: +1 704-267-5697
Email: patrick@emberpinebarsell.store