Terms of Service

1. Introduction

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

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

2. Definitions

"User", "you", or "your" refers to the individual or entity accessing or using our Services.
"Content" means any text, images, videos, audio, product listings, or other material made available on or through our Services.
"Products" refers to the items offered for sale through our Services. "Intellectual Property Rights" means all patent, copyright, moral, publicity, trademark, trade dress, service mark, goodwill, trade secret, 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, which is incorporated by reference. If you are using the 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 the Services.

4. Changes to Terms

We may modify these Terms at any time. Notice of material changes will be provided by a prominent notice on the Services or by email. Your continued use of the Services after such changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services.

5. Eligibility

You must be at least the age of legal majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet this requirement.

If you are underage, you may use the 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 the Services, you agree to these Terms and are responsible for your child’s use of the Services.

6. User Accounts

Creating an account is optional. Accounts let you save payment, shipping, and order information for faster checkout.

If you create an account, 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

  • Promptly notifying us of any unauthorized use of your account

We may suspend or terminate accounts that violate these Terms or pose a risk to the Services or other users.

7. Product Information

We strive to provide accurate product descriptions, pricing, and availability, but errors may occur. We reserve the right to correct mistakes or update information.

While we aim to ensure product images accurately represent the items, we cannot guarantee that colors displayed on your screen will exactly match the actual products due to variations in monitor settings.

8. Order Acceptance and Fulfillment

Receiving an order confirmation does not constitute acceptance of your order. We may accept or reject your order for any reason, including product unavailability, errors in pricing or product information, or issues identified by our fraud detection systems.

If we reject your order, we will attempt to notify you using the contact information provided at checkout. If you have already been charged, 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 may 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 chosen payment method and that the information you provide is accurate and complete. You authorize us to charge your payment method for the total amount of your order, including taxes, shipping, and handling. If your payment cannot be processed, we may cancel your order.

10. Shipping and Delivery

Shipping times are estimates and are not guaranteed. Beth Elliott Pottery is not responsible for delays caused by carriers, customs, or other factors beyond our control. For full details, please see our Shipping page.

11. Returns and Refunds

Returns are governed by our Return Policy. Refunds, when applicable, will be issued to the original form of payment.

12. Product Reviews and User Content

By submitting product reviews or other content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify, publish, transmit, display, and distribute your content in any media. This license allows us to make your content available globally and permits others to do the same.

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

We may 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 others

  • Interfere with or disrupt the Services or related security measures

  • Use the Services for any illegal, unauthorized, or fraudulent purpose

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

  • Post or transmit malicious or harmful code

  • Scrape, crawl, or extract data from the Services without permission

  • Impersonate others or misrepresent your affiliation

  • Submit false or misleading product reviews

14. Intellectual Property

All content provided by Beth Elliott Pottery, including text, graphics, logos, images, audio, video, digital downloads, data compilations, and software, is the property of Beth Elliott Pottery or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws.

The compilation of content on the Services is the exclusive property of Beth Elliott Pottery.

15. DMCA Copyright Policy

We respect the intellectual property rights of others and expect users to do the same. We respond to notices of alleged copyright infringement that comply with applicable law.

If you believe any material available through the Services infringe your copyright, you may request removal of those materials by submitting written notification to our designated copyright agent:
Elizabeth Elliott
7427 W. 110th St.
Bloomington, MN 55438
Email: beth@bethelliottpottery.com

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 your information. By using the Services, you consent to these practices as described in our Privacy Policy.

17. Third-Party Links and Services

The Services may contain links to third-party websites or services not owned or controlled by Beth Elliott Pottery. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.

You agree that Beth Elliott Pottery is not liable for any damage or loss arising from your use of or reliance on third-party content, goods, or services.

18. Disclaimer of Warranties

The 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 the Services are accurate, complete, reliable, current, or error-free, or that the products sold through the Services will meet your requirements or expectations.

Beth Elliott Pottery disclaims liability for any errors, omissions, or inaccuracies in content provided through the Services.

19. Limitation of Liability

To the maximum extent permitted by law, Beth Elliott Pottery shall not be liable for any special, incidental, indirect, or consequential damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this 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 any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms.

Beth Elliott Pottery may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate in asserting any available defenses.

21. Governing Law

These Terms are governed by the laws of the State of Minnesota and the United States, without regard to conflict of law provisions.

Failure to enforce any right or provision of these Terms does not constitute a waiver of those rights.

22. Dispute Resolution

Disputes under these Terms will be resolved by binding arbitration under the rules of the American Arbitration Association, held in the Minneapolis, MN area.

By agreeing to these Terms, you waive the right to a jury trial.

23. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Beth Elliott Pottery regarding your use of the Services and supersede any prior agreements, written or oral.

24. Waiver and Severability

Failure by Beth Elliott Pottery to enforce any right or provision of these Terms is not a waiver of that right or provision.

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

25. Assignment

You may not transfer or assign these Terms or any rights or licenses granted hereunder without Beth Elliott Pottery’s prior written consent. Beth Elliott Pottery may assign them without restriction.

26. Termination

We may refuse service or terminate your access to the Services at our sole discretion, immediately and without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services shall cease immediately.

27. Force Majeure

Beth Elliott Pottery is not liable for delays or failures to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, civil or military authorities, fire, floods, accidents, or epidemics.

28. Contact Information

If you have any questions about these Terms, please contact us:
Beth Elliott Pottery
 By email: beth@bethelliottpottery.com
Or via our contact form