Effective Date: June 20, 2026
Overview
Welcome to Flame & Slate. This website is owned and operated by Berkshire Collective LLC, doing business as Flame & Slate ("Flame & Slate," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at flameandslate.com (the "Website") and any related services (collectively, the "Services").
Flame & Slate specializes in premium outdoor wellness and luxury backyard living products, including saunas, cold plunges, fire pits, outdoor kitchens, outdoor furniture, pergolas, and related accessories.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
1. Eligibility and Accounts
By using the Services, you represent and warrant that you are at least 18 years old, or the age of majority in your state of residence, and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. You may allow minor dependents to use the Services on devices you own or manage, provided you supervise their use.
To access certain features, you may be required to create an account. You agree to:
- Provide true, accurate, current, and complete information during registration and checkout.
- Maintain and promptly update your account and contact information.
- Maintain the confidentiality of your account credentials and take responsibility for all activity under your account.
- Notify us immediately of any unauthorized use of your account.
You may not transfer, sell, assign, or license your account to any other person.
2. Our Products
We make every effort to accurately represent our products, including saunas, cold plunges, fire pits, outdoor kitchens, outdoor furniture, and pergolas. Colors and product appearance may vary from what is displayed on your screen due to your device's settings. We do not warrant that the appearance, color, or finish of any product will exactly match its depiction in our store.
Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product, or to limit the quantities of any product offered, to any person, geographic region, or jurisdiction, at our discretion.
3. Orders and Payment
When you place an order, you are making an offer to purchase. Flame & Slate reserves the right to accept, decline, or cancel any order for reasons including product or service unavailability, errors in pricing or description, or suspected fraudulent or unauthorized transactions. Your order is not accepted until we confirm acceptance, and we must receive and process payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
If we decline, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at checkout. Certain orders may require additional verification before shipment to help prevent fraudulent transactions.
You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export, unless otherwise agreed with us in writing.
Accepted payment methods: Visa, Mastercard, American Express, Discover, Diners Club, PayPal, Apple Pay, Google Pay, and Shop Pay, processed securely through Shopify Payments and our payment partners.
Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect at the time your order is placed, as reflected in your order confirmation email. Posted prices do not include taxes, shipping, handling, customs, or import charges unless otherwise stated. You agree to provide current, complete, and accurate billing information and to keep it updated.
4. Shipping and Delivery
Please see our Shipping Policy for shipping times, costs, and delivery procedures, including freight delivery for oversized items.
All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events outside our control. You are responsible for inspecting freight deliveries and noting any visible damage on the delivery receipt before signing.
5. Returns and Refunds
Please see our Returns & Refund Policy for information on return eligibility, timelines, restocking fees, and refund processing.
6. Manufacturer Warranties
Many products sold by Flame & Slate are covered by manufacturer warranties. Warranty coverage, terms, and claims are administered by the respective manufacturer according to their published policies. Flame & Slate will assist with warranty inquiries whenever possible but is not responsible for administering or extending manufacturer warranties beyond what the manufacturer provides.
7. Intellectual Property
All content on the Website — including text, graphics, logos, images, product photography, and software — is owned by Flame & Slate, its affiliates, or its licensors, and is protected by U.S. and foreign intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, or exploit any portion of the Services without our prior written consent, and you may not use meta tags or hidden text incorporating our name or trademarks without our written permission.
8. Optional Tools and Third-Party Links
The Services may provide access to tools or content offered by third parties, which we do not control and do not warrant. Use of any third-party tool is at your own risk, and you should review the relevant third party's own terms before using it.
The Services may also contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party site, and accessing such sites is at your own risk. Complaints about third-party products or services should be directed to that third party.
9. Relationship with Shopify
Flame & Slate is powered by Shopify, which enables us to provide the Services to you. Any sales you make through our store are made directly with Flame & Slate, not Shopify. Shopify is not responsible for any aspect of a sale between you and Flame & Slate, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with Flame & Slate.
Because the Services are hosted by Shopify, Shopify collects and processes certain information about your use of the Services in order to provide and improve them. See our Privacy Policy and Shopify's Privacy Policy for details.
10. User Content and Feedback
If you submit reviews, feedback, suggestions, or other content ("User Content") to us, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display that content for any purpose, including commercial use. We are under no obligation to keep User Content confidential, compensate you for it, or respond to it, and we may remove content we determine, in our discretion, to be unlawful, abusive, or otherwise objectionable.
You represent that you own or have the necessary rights to any User Content you submit, that it does not violate any third party's rights, and that it complies with these Terms.
11. Errors, Inaccuracies, and Omissions
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to change, update, or cancel orders based on inaccurate information at any time, without prior notice, even after an order has been submitted.
12. Prohibited Uses
You agree not to use the Services to:
- Violate any law, regulation, or third party's rights, including intellectual property rights.
- Harass, abuse, defame, or harm any person, including our employees.
- Transmit false or misleading information, spam, or unsolicited advertising.
- Impersonate any person or entity.
- Upload viruses or malicious code, or interfere with the operation or security of the Services.
- Collect or track other users' personal information without consent.
- Use bots, scrapers, automated data-gathering tools, or AI agents to access the Services, except as permitted under Section 13 below.
- Bypass or circumvent any security, authorization, or access-restriction measures.
We reserve the right to suspend, disable, or terminate access to the Services at any time, without notice, for any violation of these Terms.
13. Automated Agents
This section applies if you use, enable, or deploy any autonomous or semi-autonomous software ("Agent") to access or interact with the Services on your behalf. Any such Agent must, at all times:
- Identify itself as an Agent in the user agent string of any HTTP/HTTPS request (e.g., "Agent/[agent name]").
- Not conceal that its access is automated, including by mimicking human behavior or bypassing CAPTCHAs or similar measures.
- Respond truthfully to any prompt seeking to determine whether an interaction is human or automated.
- Comply with any measure we use to block, limit, or control Agent access.
We may restrict or block Agent access to the Services at our discretion, including for Agents that do not meet these requirements.
14. Disclaimer of Warranties
The Services and all products offered through them are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that information on the Services is accurate or complete. Some jurisdictions do not allow these limitations, so they may not apply to you.
15. Limitation of Liability
To the fullest extent permitted by law, Flame & Slate, its owners, officers, employees, affiliates, agents, contractors, and service providers, and Shopify and its affiliates, will not be liable for any indirect, incidental, punitive, special, or consequential damages — including lost profits, lost revenue, or lost data — arising from your use of the Services or any product purchased through them, even if advised of the possibility of such damages.
16. Indemnification
You agree to indemnify, defend, and hold harmless Flame & Slate, Shopify, and our respective affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and reasonable attorneys' fees arising out of your breach of these Terms, your violation of any law or third party's rights, or your use of the Services.
17. Termination
We may suspend or terminate your access to the Services at any time, in our sole discretion, without notice, including for breach of these Terms. You remain liable for all amounts due through the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution — will continue to apply.
18. Dispute Resolution
Informal resolution. If a dispute arises, you agree to first contact us at support@flameandslate.com so we can attempt to resolve it informally within 30 days.
Arbitration. If a dispute cannot be resolved informally, it will be settled by binding arbitration administered by the American Arbitration Association, conducted in Massachusetts. The arbitrator's decision will be final and binding.
Class action waiver. Disputes will be resolved individually, not as part of any class, consolidated, or representative proceeding.
Exceptions. Either party may bring a claim in small claims court where eligible, or seek injunctive relief for intellectual property infringement or misuse.
19. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law provisions. You and Flame & Slate consent to the jurisdiction of the state and federal courts located in Massachusetts for any matter not subject to arbitration under Section 18.
20. General Provisions
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
Entire agreement. These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Flame & Slate regarding the Services, superseding any prior agreements or communications.
Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
Changes to these Terms. We may update these Terms at any time by posting the revised version on this page with a new Effective Date. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
21. Contact Information
Questions about these Terms should be directed to:
Berkshire Collective LLC, d/b/a Flame & Slate 82 Wendell Ave, Suite 100 Pittsfield, MA 01201 United States
Phone: 833-569-3792 Email: support@flameandslate.com