Terms of service

Terms of Service

These Terms of Service (“Terms”) govern your use of the ZxCreations website (“Site”) and all purchases made through it. By accessing the Site or placing an order, you agree to be bound by these Terms.

1. Use of the Site

You may not use our Site or products for any unlawful or unauthorized purpose. You agree not to interfere with or disrupt the Site’s operation, security features, or servers.

We reserve the right to refuse service to anyone for any reason at any time.

2. Product Use & Safety

ZxCreations sells metal smudge pots and related outdoor products. By purchasing from us, you acknowledge and agree that:

  • These products produce open flame and must be used responsibly.

  • Products must be used outdoors only, on a stable and non-flammable surface.

  • Products must be used in accordance with all local fire regulations and safety guidelines.

  • You assume all responsibility for safe operation, storage, fueling, and handling.

ZxCreations is not liable for any damage, injury, or loss resulting from misuse, improper setup, improper fueling, negligence, or failure to follow safe-use practices.

3. Accuracy of Information

We make reasonable efforts to ensure all information on this Site is accurate, but we do not guarantee that product descriptions, pricing, or availability are error-free. We may correct errors or update information at any time without notice.

4. Prices & Payment

All prices listed on the Site are subject to change without notice.
We reserve the right to refuse or cancel any order if fraudulent activity is suspected or if incorrect information was provided.

Any attempt to dispute a charge (“chargeback”) after receiving a valid product may result in account suspension or legal action.

5. Shipping & Delivery

Shipping timelines are estimates only and may vary due to carrier delays or conditions outside our control.
Once an order is shipped, responsibility for delivery transfers to the carrier.

For full details, please refer to our Shipping Policy.

6. Returns & Refunds

Returns are subject to the terms described in our Return & Refund Policy.

By purchasing from us, you agree to that policy and all conditions within it, including requirements related to unused condition, absence of fuel, and timing.

7. Limitation of Liability

To the fullest extent permitted by law, ZxCreations (including its owners, employees, and partners) is not liable for any:

  • Injury, fire damage, or property loss

  • Indirect, incidental, punitive, or consequential damages

  • Loss resulting from misuse or improper handling of fire-producing products

Your sole remedy for dissatisfaction with the product or service is subject to our Return & Refund Policy.

8. Indemnification

You agree to indemnify, defend, and hold harmless ZxCreations from any claims, liabilities, damages, expenses, or losses arising from:

  • Your use or misuse of any purchased product

  • Your breach of these Terms

  • Violation of any law or third-party rights

9. Privacy

Your submission of personal information is governed by our Privacy Policy.

10. Modifications

We reserve the right to update or modify these Terms at any time.
Changes will take effect immediately upon being posted on this page.

Your continued use of the Site constitutes acceptance of any changes.

11. Contact Information

For questions or concerns regarding these Terms, you may contact us at:

Zxfabrications@gmail.com

------------------------------------------------------------------

Fire Safety Legal Disclaimer

The products sold by ZxCreations, including smudge pots and any accessories (“Products”), involve the use of open flame and combustible materials. By purchasing or using any Product from ZxCreations, you (“the user”) acknowledge and agree to the following conditions:

  1. Assumption of Risk
    You understand and accept that the use of open-flame devices carries inherent risks, including but not limited to fire, burns, smoke inhalation, property damage, and personal injury. You assume full responsibility for the safe operation, placement, handling, fueling, and monitoring of the Product.

  2. Outdoor Use Only
    All Products must be used outdoors only, in a well-ventilated area, and away from flammable materials, structures, vegetation, and enclosed spaces.

  3. Proper Setup and Operation
    You agree to follow all included instructions and general fire safety practices, including:

    • Never leaving a lit smudge pot unattended

    • Keeping children and pets at a safe distance

    • Using only appropriate fuels

    • Allowing the Product to cool completely before handling

    • Placing the Product on a stable, heat-resistant surface

  4. Compliance With Local Laws
    You are solely responsible for complying with all local, state, and regional fire codes, burn restrictions, environmental regulations, and safety laws that apply to the use of outdoor flame products.

  5. Fuel Safety
    Fuel must be handled and stored safely. Never fuel a hot or lit smudge pot.
    Products must never be used with inappropriate, hazardous, or unapproved fuels.

  6. No Liability for Misuse
    ZxCreations, including its owner, is not responsible or liable for:

    • Damage caused by misuse, improper setup, negligent operation, or failure to follow safety guidelines

    • Injuries or accidents arising from user negligence

    • Property damage resulting from improper placement or supervision

    • Any consequences of using the Product in ways other than intended

  7. User Responsibility
    The user is solely responsible for determining whether the Product is suitable for their intended use and environment. ZxCreations makes no guarantee or warranty regarding fire behavior, burn characteristics, or fuel performance.

  8. Limitation of Damages
    To the fullest extent allowed by law, ZxCreations is not liable for any indirect, incidental, consequential, or punitive damages arising from the use or misuse of the Product.