Terms of service
Terms of Service
Last updated: April 16, 2026
These Terms of Service (“Terms”) govern your use of TheFreshener.com website and any purchases made through it. In these Terms, “TheFreshener,” “we,” “us,” and “our” refer to ERT Ventures LLC d/b/a TheFreshener.com.
By accessing our website, placing an order, or using our services, you agree to these Terms, our Privacy Policy, and our Refund Policy. If you do not agree, please do not use the website or place an order.
1. Eligibility
You must be at least the age of majority in your state or province of residence to use this website or place an order. If you are using the site on behalf of another person or business, you represent that you have authority to do so.
2. Our Website and Services
We offer custom air fresheners and related products through our website. We may update, suspend, or discontinue any part of the website, products, services, or features at any time.
We reserve the right to refuse service, reject orders, limit quantities, or cancel orders in our discretion, including where we suspect fraud, abuse, infringement, pricing error, or violation of these Terms.
3. Custom Products
Most products sold on our website are custom-made to order using the photo, artwork, text, scent, crop, and other options you select or upload.
Because custom products are made specifically for you:
- you are responsible for reviewing your order details carefully before placing the order;
- changes may not be possible once production has started;
- slight differences in size, placement, crop, print appearance, and color may occur;
- scents, fragrance strength, and scent longevity may vary based on product type, environment, and personal expectations.
Product images on the site are for general illustration. Screen displays vary, and printed colors may look different from what you see on your phone, tablet, or monitor.
4. Customer Content and Order Files
If you upload or submit any photo, image, artwork, design, text, logo, or other content (“Customer Content”), you represent and warrant that:
- you own it or have all rights, permissions, and consents necessary to use it;
- your Customer Content does not infringe or violate any copyright, trademark, privacy, publicity, or other rights of any person or third party;
- any person depicted in your Customer Content has consented to that use where required;
- your Customer Content does not contain unlawful, defamatory, hateful, threatening, obscene, or otherwise prohibited material.
You grant us a limited, non-exclusive, royalty-free license to use, reproduce, modify, resize, crop, format, store, and process your Customer Content only as reasonably necessary to:
- produce and fulfill your order;
- provide customer support;
- process reprints, replacements, or order-related issues;
- maintain internal business records related to your order.
We do not claim ownership of your Customer Content.
We may refuse, cancel, or delay any order that includes content we believe may be unlawful, infringing, offensive, unsafe, or otherwise inappropriate.
5. Pricing, Billing, and Payments
All prices are shown in the currency displayed on the website and are subject to change without notice.
We try to ensure pricing and product information are accurate, but mistakes may occur. We reserve the right to correct errors, update information, cancel orders, or refuse orders affected by pricing, description, availability, or technical errors, including after an order is submitted. If we cancel an order after payment, we will refund the amount paid for the canceled item.
You agree to provide current, complete, and accurate billing, shipping, and contact information for all purchases.
6. Order Acceptance and Production
Your order is not final until accepted by us. After you place an order, we may contact you if we need clarification, need to resolve a file issue, or believe part of the order cannot be produced as submitted.
We may cancel and refund an order before shipment if:
- the submitted content cannot legally or practically be produced;
- the product, scent, or option is unavailable;
- we suspect fraud or unauthorized activity;
- there is a material pricing or listing error.
7. Shipping and Delivery
Any shipping or production timeline shown on our website, in email, or at checkout is an estimate, not a guarantee.
Delivery times may be affected by carrier delays, weather, holidays, customs, high order volume, incorrect addresses, or other factors outside our control.
You are responsible for providing an accurate shipping address. If you enter an incorrect address, contact us as soon as possible. We cannot guarantee address changes after an order has entered production or shipped.
If we cannot ship within the time we advertise or otherwise promise, we will handle delays as required by applicable law.
8. Refunds, Replacements, and Cancellations
Because our products are personalized and made to order, refunds, replacements, returns, and cancellations are governed by our Refund Policy, which is incorporated into these Terms by reference.
In the event of any conflict between these Terms and the Refund Policy with respect to cancellations, refunds, replacements, damaged items, misprints, lost packages, or return eligibility, the Refund Policy will control.
9. Promotions, Discounts, and Credits
Any promotion, sale, coupon, gift card, store credit, or discount may be subject to separate terms and may be modified or discontinued at any time unless prohibited by law.
Promotions cannot be combined unless expressly stated. We reserve the right to cancel or refuse promotions where we believe there is misuse, abuse, or technical error.
10. Intellectual Property
All content on this website other than Customer Content, including our branding, logos, product photography, graphics, site design, text, and other materials, is owned by or licensed to us and is protected by copyright, trademark, and other applicable laws.
You may not copy, reproduce, distribute, modify, create derivative works from, sell, or exploit any part of the website or our content without our prior written permission.
11. Acceptable Use
You agree not to use the website:
- for any unlawful purpose;
- to interfere with site security or functionality;
- to upload malicious code;
- to scrape, crawl, or harvest data without authorization;
- to impersonate another person or provide false information;
- to infringe the rights of others.
We may suspend or terminate access for violations of these Terms.
12. Third-Party Services and Links
Our website may include links to third-party websites, apps, platforms, or tools, including Shopify, payment processors, social platforms, and shipping carriers. We are not responsible for the content, policies, availability, or practices of third-party services.
Your use of third-party services may be governed by their own terms and policies.
13. SMS / Mobile Terms of Service
The TheFreshener.com mobile message service (the "Service") is operated by ERT Ventures LLC (“TheFreshener.com”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to TheFreshener.com’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of TheFreshener.com through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with TheFreshener.com. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 833-700-1143 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other TheFreshener.com mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1 833-700-1143 or email orders@thefreshener.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
14. Privacy
Your submission of personal information through the website is governed by our Privacy Policy.
15. Website Availability and Disclaimer
We try to keep the website accurate, secure, and available, but we do not guarantee that the website will always be uninterrupted, error-free, or free from harmful components.
To the fullest extent permitted by law, the website and its general informational content are provided on an “as is” and “as available” basis.
However, nothing in these Terms is intended to limit any consumer rights, remedies, warranties, or protections that cannot lawfully be excluded or limited under applicable law.
16. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, loss of opportunity, or loss of data, arising out of or relating to your use of the website, your order, or these Terms.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to your order, the website, or these Terms will not exceed the amount you paid for the specific product or order giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability that applicable consumer protection law does not allow us to disclaim.
17. Indemnification
You agree to indemnify, defend, and hold harmless ERT Ventures LLC d/b/a TheFreshener.com, and our officers, directors, employees, contractors, service providers, and affiliates from and against claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- your Customer Content;
- your misuse of the website;
- your breach of these Terms;
- your violation of any law or third-party rights.
18. Termination
We may suspend or terminate your access to the website or cancel pending orders if we believe you have violated these Terms, engaged in fraud, submitted prohibited content, or otherwise misused the website or services.
The provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, Customer Content, disclaimers, limitations of liability, indemnification, governing law, and dispute-related provisions.
19. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or your use of the website or purchase of our products will be governed by the laws of the State of Florida, without regard to conflict-of-law rules.
Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Florida, USA, and you consent to that jurisdiction and venue, except where applicable law requires otherwise.
20. Changes to These Terms
We may update these Terms from time to time by posting a revised version on this page. The updated version becomes effective when posted unless otherwise stated.
Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms.
21. Contact Information
If you have questions about these Terms, please contact us at:
TheFreshener.com / ERT Ventures LLC
3814 Talleyrand Ave, Jacksonville FL 32206 USA
