Terms + Conditions
Garden Study Ceramics (hereafter, “us”, “we”, or “our”) operates http://www.gardenstudyceramics.com (hereafter, the “Site”). Our Site and e-commerce shop is hosted on Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Throughout the Site, the terms "we", "us" and "our" refer to Garden Study Ceramics. Garden Study Ceramics offers this Site, including all information, tools, products and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Site, commenting on a journal post, sending us an e-mail, opting into the emailing list, and/or purchasing something from the shop, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you are agree to be bound by these Terms of Service. Any new features or tools which are added to this Site shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach of violation of any of the Terms will result in an immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not serve to limit or otherwise affect these Terms.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be held liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or products.
5. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor' or other mobile device screens' display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchase or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the Site. Such new features and/or services shall also be subject to these Terms.
8. Third-Party Links
Certain content, products and services available via our Service and on our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy for any third-party materials or websites, or for any other materials, products, or services of third-parties. We do not warrant and will not be liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's polices and practices and make sure you understand them before you engage in any transaction on third-party websites. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third-party.
9. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send a message or leave a comment (including but not limited to, creative ideas, suggestions, proposals, plans or other materials), whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments posted by you or any third-party.
10. Personal Information
11. Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site, or any related website, is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or this Site, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on this Site should be taken to indicate that all information in the Service or on this Site has been modified or updated.
All rights, title and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Garden Study Ceramics and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Garden Study Ceramics name or any of GSC’s trademarks, logos, domain names and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding BPL, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
13. Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, of this Site, of any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or this Site, or any related website, for violating any of the prohibited uses as mentioned in the Terms.
14. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service or Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our Service or Site will be accurate or reliable.
You agree that from time to time, we may remove the Service or Site for indefinite periods of time, or cancel the Service or access to the Site at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service or the Site is at your sole risk. The Service, and all products and services delivered to you through the Site are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Garden Study Ceramics, our directors, officers, employees, affiliates, agents, contractors, interns, supplies, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, product, or content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate these Terms at any time without notice and accordingly, may deny you access to our Services, our Site, or any part thereof.
18. Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and Garden Study Ceramics, and govern your use of the Service and this Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Garden Study Ceramics (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
19. Applicable Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, in the United States of America.
20. Changes to the Terms of Service
You can review the most updated version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Questions about these Terms should be directed to us at:
Last updated: March 11, 2019
1. Information Collection and Use
While using our Site, we may ask you to provide us with certain personally identifiable information (“Personal Information”) that can be used to contact or identify you. Personal Information may include, but is not limited to your first and last name, email address, mailing address, billing address and telephone number. You agree and acknowledge that this information may be personal to you, and that by voluntarily providing Personal Information to us, you allow others, including us, to identify you and therefore, you may not be anonymous. You have the right to refuse to supply us with Personal Information, except that it may prevent you from engaging in certain Site related activities.
1.1 Newsletter Subscription. When you sign up for our email list, you may provide us with your name and email address. We store and use this information using a third party service, MailChimp, for the sole purpose of sending you information about our shop updates, journal posts, and upcoming events. You may unsubscribe from our email list at any time by either clicking the “unsubscribe” link at the bottom of our email or by sending us an email at firstname.lastname@example.org and requesting your information be deleted from our email list.
1.2 Communications With Us. When you send us emails or other communications, we maintain those communications and their contents so that we can resolve, assist or otherwise respond to your communications.
1.4 Public Comments on the Site. We maintain any comments or messages submitted in response to journal posts.
While using our Site, we may collect non-personal identification information:
1.5 Usage Information. This includes information about your activity on the Site, such as your IP address, your device or browser type, the webpage you visited before coming to our Site and the pages you visited while on our Site. We use this information to analyze how our Site is being accessed and used. In addition, we may use third party services, such as Google Analytics, that collect, monitor and analyze this information.
1.6 Location Information. Your devices may transmit location information. We use this information to analyze the geographical reach of our Site.
2. How We Protect Your Information
The security of your Personal Information is important to us, but please be advised that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. In the event that our user data is ever compromised, we will send an email to inform users within 72 hours of notice of the breach.
3. Sharing Your Personal Information
We do not sell, trade or rent your Personal Information to third parties. We may share your information only as described below:
3.1. Third Parties You Authorize. You can give third parties access to your information. For example, making a purchase on our Site using your PayPal account.
3.2. Following the Law. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to comply with the law, protect our rights or prevent fraud or abuse of our Site or our users.
3.3. Third Party Service Providers We Engage to Operate Our Business and the Site. We may use third party service providers, including but not limited to, MailChimp, PayPal, Stripe, and ShipStation, to help us operate our business and the Site, or administer activities on our behalf, such as sending out newsletters, marketing or promotional materials and other information, and to help us fulfill orders and respond to queries. We may share your information with these third party service providers for those limited purposes provided that you have given us your permission by opting into our email list.
3.4 Trusted Affiliates. We may participate in affiliate programs with third parties. We will disclose any and all affiliate programs and/or affiliate links where applicable. If you click on affiliate links and/or make a purchase using an affiliate link, you may give third parties access to your information.
3.5 Business Transfers. If we are involved in a reorganization, merger, acquisition, transfer or sale of our assets, your information may be transferred as part of that transaction.
We will retain your Personal Information for as long as we need it to provide you with services on our Site.
4. 1 E-mail Newsletter Subscription. If you subscribe to our e-mail newsletter, we retain your full name and e-mail address for the duration of your subscription through MailChimp, a third party service provider. If you wish to unsubscribe, you can find the unsubscribe link at the bottom of any e-mail newsletter previously sent. Otherwise, you can send an e-mail to email@example.com with an unsubscribe request and we will manually delete your information from our newsletter subscription service.
4.2 Purchases Made on Site. If you make a purchase on the Site, we retain your full name, e-mail address, and mailing addressing in order to process and fulfill your order. We retain this information for our records to keep track of sales and inventory.
4.3 Communications. If you send us an e-mail or any other form of communication via our Site, we retain your e-mail address and other information needed to address your inquiry. We retain all communications made via e-mail and on our Site for our records.
You can ask for your Personal Information to be deleted at any time by contacting us at firstname.lastname@example.org. Please note that there may be latency in deleting your personal information from our servers and backup storage, and we may retain your Personal Information to the extent we need to comply with the law, protect our rights, resolve disputes or enforce our agreements.
5. GDPR Addendum
This GDPR Addendum is applicable to any user that is a citizen of the European Union.
5.1 You have the right to access your personal data.
5.2 You have the right to rectify or update your personal data where it is incorrect or incomplete.
5.3 You have the right to request the deletion of personal data if certain grounds are met.
5.4 You have the right to change your preferences regarding how we use or disclose your information.
5.5 You have the right to let us know that you do not wish to receive any further communication from us.
You can ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it to at any time by contacting us as indicated at the bottom of this page under the heading "Contact Us". Subject to any exceptions as prescribed by law, and provided that we can authenticate your identity, you will be given reasonable access to your personal information within 30 days.
6. California Do Not Track Disclosure
We do not track users over time and across third party websites to provide targeted advertising and therefore, do not respond to Do Not Track (DNT) signals. However, some third party sites may keep track of your browsing activities when you access their site or services, which enable them to tailor what they present to the user. There are ways to enable or disable the DNT for various browsers. For more information, please contact the web browser you use to access the Internet.