Legal Disclaimers

1. Terms and Conditions
2. Privacy Policy
3. Cookie Policy

 

Terms and Conditions– 15 January 2025

Conditions of Use
Use of Fire in the Sun’s website, including all materials presented herein, and all online services provided by Fire in the Sun, is subject to the following Term and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site.

Acceptance of Terms of Use
Please read these Terms before using this website. By using this website, you agree with these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Descriptions of Products
Fire in the Sun, LLC (hereto known as “Fire in the Sun,”) provides an online, retail, ecommerce website that sells one-of-a-kind, handmade jewelry and leather accessories for sale within the United States.

Definitions
The terms “we,” “us,” and “our” refer to the business Fire in the Sun and its website.  “Site” refers to the website https://www.fireinthesun.com. The terms “user,” “you,” and “your” refer to the person accessing this website and accepting Fire in the Sun’s terms and conditions. “The Company,” “We,” “Our,” “Us,” refers to Fire in the Sun. The “Service,” refers to the Fire in the Sun website that provides handmade jewelry and leather accessories for sale. “Party,” “Parties,” or “Us,” refers to both the user and ourselves, or either the buyer and ourselves.

Age Limitation Clause
To access or use the Site, you must be at least thirteen (13) years old and have the requisite power and authority to enter into these Terms and Conditions.

This Site is offered and available to users who are eighteen (18) years of age or older and reside in the United States. If you are between thirteen (13) and eighteen (18), you may use this Site only with the involvement of a parent or guardian. The parent or guardian understands that they have given the minor permission to use the Site, and that the parent or guardian won’t hold Fire in the Sun responsible for any potential harms that may happen. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms. Those under the age of 13 years of age are explicitly forbidden from using the Site. People under 13 cannot submit any information to the Site.

Customer Rights
Consumer rights include the right:

• To be provided with agreed and paid services
• To accurately enter their billing and shipping details
• To be informed about the terms of ordered services
• To raise a complaint about service using the contact form on the website

Customer Responsibilities
You may access and use the Site provided that you do not:

• • Use this Site for any illegal purposes.
  • Misuse services, or share account access with others.
  • You are the only authorized user of the account.

• You provide accurate profile information.

Intellectual Property
Unless otherwise stated, the Company is the owner of all intellectual property rights in the Site, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Site, as well as logos contained therein. Usage by outside parties is prohibited, and by consenting to these terms you agree NOT to:

Republish material from https://www.fireinthesun.com.
Sell, rent or sub-license material from https://www.fireinthesun.com.
Reproduce, duplicate or copy material from https://www.fireinthesun.com.
Redistribute content from https://www.fireinthesun.com.

Unauthorized use of our intellectual property will be subject to civil and criminal penalties.

Data Protection, Privacy and Security
By participating in the service, you understand that any personal data collected in order to process the transaction carried out by the Site, shall be treated as confidential, and used only for the purposes of this contract. The website complies with all applicable data protection laws and regulations governing the collection, storage, and use of personal data.

Privacy Policy –https://www.fireinthesun.com/privacy.htm

Cookies – https://www.fireinthesun.com/cookies.htm

Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company, or its Managing Member, be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or the purchase of our products, including, but not limited to, loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising out of or relating to your purchase of our products or your use of our website shall not exceed the total amount paid by you for the product in question.

Any claims or complaints must be filed within the time limits established by the applicable jurisdictional law. Nothing in this limitation of liability clause shall serve to limit our liability for willful misconduct, gross negligence, or any breaches of confidentiality.

By using our website and purchasing our products, you acknowledge and agree to this limitation of liability clause, as well as the jurisdictional limitations that may apply to these terms.

Indemnification
The User agrees to indemnify, hold harmless, the Company and its Managing Member for, from, and against all claims and suits by third party for damages, injuries to persons (including death), property damages, losses, costs, fees, and expenses arising out of, or resulting from use of the Service, and/or its products.

Governing Law and Dispute Resolution
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Mexico, without regard to the conflict of laws principles thereof. Parties agree that personal jurisdiction shall exist in the State of New Mexico and that the State of New Mexico shall have subject-matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Bernalillo County, New Mexico.

Severability Clause
In the event any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the present Agreement shall not in any way be affected or impaired thereby and shall remain in full force and effect.

Amendment of Terms
This terms and conditions agreement changes regularly and access to this Site is permitted on a temporary basis. Fire in the Sun reserves the right to edit, modify, and change this Agreement at any time. This Agreement is an understanding between Fire in the Sun and the user, and this supersedes and replaces all prior agreements regarding the use of this Site. By continuing to use the Site after revision or update, you acknowledge that you accept those changes as they are made, even if you choose not to review the Agreement every time to access the Site.

Changes to the Website
Fire in the Sun updates the Site regularly, and may change the content at any time, including product detail and pricing without notice. Additionally, any of the material on this Site may be out of date at any given time, and Fire in the Sun is under no obligation to update it. 

Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase products through the Site for legitimate, non- commercial purposes only.

Terms of Sale

Returns and Refunds
Please make sure you want a product before you purchase it. FIRE IN THE SUN DOES NOT ACCEPT RETURNS OR EXCHANGES IF YOU CHANGE YOUR MIND. ALL SALES ARE FINAL.

Item Availability
If an item ordered on the Site is not available (due to inventory or other error), the customer will be refunded including shipping, and notified of the error via the email address provided by the customer during the ordering process.  

Disclaimer of Warranties
The handmade products Fire in the Sun sells are offered on an “as is, as available” basis, without warranties of any kind either express or implied. All items will include minor imperfection, or natural variation.

Methods of Payment
Live Payments:  Fire in the Sun accepts all major Credit Card Brands and Debit Cards. Live payments offer our customers the ability to pay directly on the Site using all major credit cards using a standard credit card entry form. If you wish to know how much your credit card company charges per transaction, please contact your payment provider for their payment gateway fee structure.

Third Party Payments:  PayPal.

Payment, whether Live or Third Party, is processed at the time of purchase (the “Service”).

Processing & Shipping
Jewelry: Jewelry orders require two (2) business days to process, plus shipping time. Fire in the Sun does not go to the post office every day; therefore there may be slight variability in processing time. Fire in the Sun uses United States Postal Service (USPS) Ground Advantage[1] for shipping, and ships to the 50 States. Average shipping time using Ground Advantage is 2-5 days (USPS.com).

Belts: Leather belts are sized to order and require 1 or 2 additional business days (possible total of 4) to size and complete, depending upon the number of active orders. Shipment times on average and depending upon the transit zone are 2-5 business days. Packages going to certain places (including Alaska, Hawaii, and offshore destinations) may receive slower service. Free shipping is not available. USPS rates are subject to change.

Right to Reject Orders or Cancel Sales
We reserve the right, at any time, to reject a payment for any reason. Additionally, Fire in the Sun reserves the right not to accept your order in the event that we are
1) unable to obtain authorization for payment or;
2) if shipping is outside normal delivery area or;
3) if restrictions apply to a geographic area or;
4) if the item ordered does not meet our quality control standards and is withdrawn, out of stock or if there is an error in pricing or content. You will be notified via email if condition 4) applies.

We may also refuse to process and therefore accept a transaction for any reason, or refuse service to anyone at any time at our sole discretion. We will not be liable for any indirect or consequential loss, damage or expenses arising from not accepting your order and we shall have no liability to you, by way of compensation, other than to refund the amount paid for the goods in question.

Taxes
Fire in the Sun is authorized to operate in the State of New Mexico, which regulates how sales tax is applied to internet purchases. New Mexico implements destination-based sourcing which determines that city and state taxes will be applied to each product order (at time of checkout), at the applicable tax rate determined by the state and municipality in which the order was made. Taxes may often include both a state and city (municipality) tax combined.

Customer Website Account Creation
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Fire in the Sun will be accurate, correct, and up to date. You agree not to impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
 Customer Website Account Termination
If you would like to terminate your account, you can email customer service using the Contact form (at the bottom of each page) on the Site with the subject: Terminate.  Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may be required to retain some information in our files which enable us to prevent fraud, enforce our legal terms and/or comply with applicable legal requirements.

External links
Any externals links contained in the Site Fire in the Sun are outside of our control and usage is at your own risk.

[1] USPS current Ground Advantage price list. Notice 123, effective October 6, 2024.

 

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Privacy Policy – 15 January 2025
This Privacy Policy describes how Fire in the Sun, LLC (the “Site”, “we”, “us”, or “our”) collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from https://www.fireinthesun.com (the “Site”) or otherwise communicate with us (collectively, the “Services”).

For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the “Last updated” date and take any other steps required by applicable law.

How We Collect and Use Your Personal Information
To provide the Services, the information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term “personal information”, we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You
Information that you directly submit to us through our Services may include:

– Basic contact details including your name, address, phone number, email.
– Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
– Account information including your username, password, security questions.
– Shopping information including the items you view, or put in your cart.
– Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, pixels and similar technologies (“Cookies”). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address, and other information regarding your interaction with the Services.

Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

– Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.

– When you visit our Site, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

How We Use Your Personal Information
– To Provide Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, to create, maintain and otherwise manage your account, and to arrange for shipping.

– Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. Do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately using the contact form found at the bottom of each website page.

– Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

– Marketing and Advertising. We do not use your personal information for marketing and promotional purposes.

Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to the function of the store front see https://www.fireinthesun.com/cookies/. We use Cookies to power and improve our Site and our Services (including to remember your preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services).

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties.

How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

– With vendors or other third parties who perform services on our behalf (e.g., payment processing, data analytics, fulfillment, and shipping).

– When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to estimate your sales tax, and to estimate your shipping costs, or through your use or login integrations, with your consent.

– In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We may, in the course of fulfilling the contract, disclose the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in “How we Collect and Use your Personal Information” and “How we Disclose Personal Information”:

Category of Personal Information:
– Identifiers such as basic contact details and certain order and account information

– Commercial information such as order information, shopping information, and customer support information

– Internet or other similar network activity, such as Usage Data

Categories of Recipients:
– Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, sales tax API (application programming interface), and USPS shipping API.

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you. We do not “sell” and “share” (as those terms are defined in applicable law), personal information for the purpose of engaging in advertising and marketing activities.

Category of Personal Information:
Identifiers such as basic contact details and certain order and account information- commercial information such as records of products or services purchased and shopping information- Internet or other similar network activity, such as Usage Data.

Categories of Recipients
None

Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semipublic venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children’s Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information.

Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

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Cookie Policy – 15 January 2025
This is the Cookie Policy (the “Policy”) for Fire in the Sun, LLC, accessible from https://www.fireinthesun.com. To make this site function properly, we sometimes place small data files called cookies on your device. These cookies are downloaded to your computer to improve your browsing experience as well as other purposes that are outlined in this Policy.

What Are Cookies:  cookies are small pieces of data stored in text files saved on your mobile device or computer when you visit a website. Cookies allow the website’s server to record and store your actions and preferences, such as login information, user history, language settings, font settings, color settings, and other display preferences, over a particular period.

Cookies ensure visitors do not have to continuously re-enter their details or information whenever they revisit the site or surf between pages.

Cookies are used to remember your preferences for single visits through sessional cookies or multiple repeat visits through permanent cookies.

How We Use Cookies:  cookies are essential for our website to function optimally and enhance website performance for a better user experience. The website administrator(s) controls all cookies used on the site and grants third parties access for statistics and analytics purposes. Cookies are needed to identify visitors and remember their site actions and online behaviors.

We use cookies for various reasons, which are explained in detail below. Cookie-related information is not used to identify a user personally.

How to Control Cookies:  you can control and/or delete cookies on your mobile device or computer and adjust your browser settings to prevent cookies. Users can withdraw consent to collect cookies on the website. You can also determine whether you want to agree to the site’s use of cookies. However, doing this may cause you to repeat your preferences every time you visit the site manually, and some of the site’s services and functionality may not work optimally.

Disabling Cookies:  you can disable cookies setting by adjusting the option on your browser settings. However, be aware that the act of disabling cookies will affect your visit’s functionality and the use of this website and many others. Unfortunately, disabling cookies will usually result in also disabling certain functionality and features of this site. In most cases, there are no website standard options for disabling cookies without completely disabling the functionality and features they add to the site. It is recommended that you enable cookies for optimal site functionality and service.

The Cookies We Use

Sessional Cookies:  sessional cookies are temporary cookies that are operational during your visit and expire when the user closes the browser.

Permanent Cookies:  permanent cookies store and retain your site preferences on your mobile device or computer even after you close the browser or your mobile device or computer.

Necessary Cookies:  necessary cookies allow the website to provide a better user experience when navigating the website, its services, and features. These cookies allow us to recognize if you have created and logged into an account to access site content.

Functionality Cookies:  functionality cookies allow the website to operate optimally, following your site preferences for future visits. These recognize your site username and customizations.

Analytical Cookies:  analytical cookies allow first-party services to collect and store aggregated sate for statistical and analytical purposes on how our visitors use the website. While these cookies respect visitors’ privacy and personal information, they optimize the user experience.

Account Cookies:  these cookies will help us manage the signup and general administration of creating or opening an account opening. These cookies may be deleted when you log out but sometimes remain afterwards to remember your site preferences.

Login Cookies:  when you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

Orders-processing Cookies: we use cookies to store and remember your payment orders on our e-commerce or payment facilities for proper payment processing.

Forms Cookies: we use forms cookies to remember your details for future correspondence, when you submit information through the contact form.

Site Preferences Cookies:  in order to provide you with an enriching user experience and site interaction, we use cookies to provide the functionality to set your site preferences when you use it.

First-Party Cookies:  first-party cookies are the cookies explained above that are set by the website.

Third-Party Cookies:  we do not use any third-party cookies in the website.

Amendments and Modifications:  Fire in the Sun, LLC reserves the right to modify this Policy and its terms as they relate to this website and services at any time, effective and in full force upon posting the updated version on the website.

Please check this page regularly for updates. The continued use of the website and its services after that shall constitute your consent to such amendments and modifications.

Policy Acceptance:  you hereby acknowledge that you have read this Cookies Policy and agree to all its provisions, terms, and conditions. By continuing to access and use this website and its services, you also agree to be legally bound by this Cookies Policy. If you do not agree with the terms and conditions of this Policy, you are not permitted to access or use this website and its services.

Contact:  to contact the Company use the contact link at the bottom of each page of the website.