Terms of service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the www.bethelliottpottery.com website and online shopping services (collectively, the "Services"). These Terms constitute a legally binding agreement between you and Beth Elliott Pottery ("we," "us," or "our").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

"User," "you," and "your" refer to the individual or entity accessing or using our Services.
"Content" refers to any text, images, videos, audio, product listings, or other material that appears on or through our Services.
"Products" refers to the items offered for sale through our Services.
"Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Services.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Services or by sending you an email. Your continued use of our Services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services.

5. Eligibility

To use our Services, you must be at least the age of legal majority in your jurisdiction. By using our Services, you represent and warrant that you meet the eligibility requirements. If you are under the required age, you may use our Services only with the involvement and consent of a parent or guardian. If you are a parent or legal guardian of a user under the required age, by allowing your child to use our Services, you are subject to these Terms of Service and responsible for your child's use of our Services.

6. User Accounts

You may be required to create an account to access certain features of our Services, including making purchases.
You are responsible for:

  • Providing accurate, current, and complete information

  • Maintaining the confidentiality of your password and account

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Services or other users.

7. Product Information

We strive to provide accurate product descriptions, pricing, and availability information. However, errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

While we strive to ensure our product images accurately represent the items, we cannot guarantee that the colors displayed on your screen will be completely accurate due to variations in monitor settings.

8. Order Acceptance and Fulfillment

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or reject your order for any reason, including but not limited to unavailability of product, errors in pricing or product information, or problems identified by our fraud detection systems.

If we reject your order, we will attempt to notify you using the contact information provided during checkout. If you have already been charged for an order that was rejected, we will issue a refund.

9. Pricing and Payment

All prices displayed on our Services are in United States Dollars (USD) and do not include taxes, shipping, or handling unless explicitly stated. Applicable taxes, shipping, and handling charges will be added to your order total and displayed during checkout.

All prices are subject to change without notice. We reserve the right to modify, suspend, or discontinue any product at any time without notice or liability.

By providing payment information, you represent and warrant that you have the legal right to use the payment method and that the information you supply is accurate and complete. You authorize us to charge your chosen payment method for the total amount of your order, including taxes, shipping, and handling. If your payment cannot be processed, we reserve the right to cancel your order.

10. Shipping and Delivery

We will make reasonable efforts to ship products within the estimated delivery time frames indicated on our Services or at checkout. However, shipping times are estimates only and are not guaranteed. Beth Elliott Pottery is not responsible for delays caused by shipping carriers, customs, or other factors outside our control.

Title and risk of loss for products pass to you upon our delivery to the carrier.

11. Returns and Refunds

Returns are accepted within 30 days of purchase, provided the product is in its original condition with all original packaging. Refunds will be issued to the original form of payment.

12. Product Reviews and User Content

By submitting product reviews or other content to our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or distribution methods. This license authorizes us to make your content available to the rest of the world and to let others do the same.

You represent and warrant that you have all necessary rights to grant us this license and that your content does not violate any third-party rights or applicable laws.

We reserve the right to remove any user content at our discretion.

13. Prohibited Conduct

You agree not to:

  • Violate any applicable law or regulation

  • Infringe the rights of others, including intellectual property rights

  • Harass, abuse, or harm another person

  • Interfere with the proper functioning of our Services

  • Attempt to breach any security or authentication measures

  • Use our Services for any illegal or unauthorized purpose

  • Access or attempt to access other users' accounts without authorization

  • Post or transmit malicious code or other harmful computer code

  • Scrape, crawl, or otherwise extract data from our Services without permission

  • Impersonate others or misrepresent your affiliation with any person or entity

  • Submit false or misleading information in product reviews

  • Use any device, software, or routine that interferes with the proper working of our Services

  • Engage in fraudulent activities or transactions

14. Intellectual Property

All content provided by Beth Elliott Pottery, including but not limited to text, graphics, logos, icons, images, video and audio, digital downloads, data compilations, and software, is the property of Beth Elliott Pottery or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on our Services is the exclusive property of Beth Elliott Pottery and is protected by United States and international copyright laws.

15. DMCA Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below:

Elizabeth Elliott
7427 W. 110th St.
Bloomington, MN 55438

16. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

17. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Beth Elliott Pottery. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Beth Elliott Pottery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

18. Disclaimer of Warranties

OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BETH ELLIOTT POTTERY DOES NOT WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE PRODUCTS SOLD THROUGH OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. BETH ELLIOTT POTTERY DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED THROUGH OUR SERVICES.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETH ELLIOTT POTTERY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

20. Indemnification

You agree to indemnify, defend, and hold harmless Beth Elliott Pottery, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms. Beth Elliott Pottery reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Beth Elliott Pottery in asserting any available defenses.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States of America without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22. Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place within the Minneapolis, MN metropolitan area. You agree to waive any right to a jury trial.

23. Entire Agreement

These Terms, including our Privacy Policy, constitute the entire agreement between you and Beth Elliott Pottery regarding your use of our Services and supersede any prior agreements between you and Beth Elliott Pottery relating to your use of our Services.

24. Waiver and Severability

The failure of Beth Elliott Pottery to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

25. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Beth Elliott Pottery, but may be assigned by Beth Elliott Pottery without restriction.

26. Termination

We reserve the right to refuse service to anyone at our sole discretion. We may terminate your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will cease immediately.

27. Force Majeure

[Beth Elliott Pottery shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease.

28. Contact Information

If you have any questions about these Terms, please contact us at:

beth@bethelliottpottery.com
or click the ‘Contact’ link below.