Terms of service

Welcome to Brush Creek Pottery. These Terms of Service govern your use of the Brush Creek Pottery website and your purchase of products through our online store.

By accessing our website, browsing our products, creating an account, or placing an order, you agree to be bound by these Terms of Service and our applicable store policies.

If you do not agree with these Terms, please do not use our website or place an order.

1. About Brush Creek Pottery

Brush Creek Pottery operates an online retail store offering pottery, ceramic products, home décor, kitchen and dining items, and related products.

Business Name: Brush Creek Pottery
Email: support@brushcreekpottery.com
Phone: +1 419 551 2112
Business Address: 22611 State Rte 2, Archbold, OH 43502, United States

2. Eligibility

By using this website or placing an order, you represent that:

  • You are legally capable of entering into a binding agreement.
  • The information you provide is accurate and complete.
  • You will use the website only for lawful purposes.
  • You will comply with these Terms of Service and applicable laws and regulations.

If you are purchasing on behalf of a business or another organization, you represent that you have authority to act on its behalf.

3. Website Use

You may use our website for lawful personal or business purposes.

You agree not to:

  • Use the website for fraudulent or unlawful activities.
  • Attempt to gain unauthorized access to the website or its systems.
  • Interfere with website security or functionality.
  • Upload malicious code, viruses, or other harmful material.
  • Scrape, copy, reproduce, or exploit website content without authorization.
  • Use automated systems to access the website in a manner that could interfere with normal operation.
  • Misrepresent your identity or provide false information.

We reserve the right to restrict or terminate access to the website where reasonably necessary to protect our business, customers, systems, or legal rights.

4. Product Information

We make reasonable efforts to ensure that product descriptions, photographs, dimensions, specifications, colors, and other product information are accurate.

However, minor variations may occur due to:

  • Screen and device settings
  • Photography and lighting conditions
  • Manufacturing or handmade variations
  • Natural characteristics of materials
  • Product batches or production processes

Where products are handmade or artisan-produced, individual pieces may have natural variations in appearance, texture, color, or dimensions.

Such variations may not constitute a defect when they are consistent with the nature of the product.

5. Product Availability

All products are subject to availability.

We reserve the right to:

  • Limit quantities available for purchase.
  • Discontinue products.
  • Modify product specifications.
  • Correct product information or pricing errors.
  • Refuse or cancel an order where necessary.

If we cancel an order after payment has been received, we will provide an applicable refund for the cancelled portion of the order.

6. Pricing

All product prices displayed on our website are shown in U.S. Dollars (USD) unless otherwise stated.

Prices may change at any time without prior notice.

Applicable sales taxes, shipping charges, and other applicable fees will be displayed during checkout where required.

We make reasonable efforts to maintain accurate pricing information. However, if a significant pricing or listing error occurs, we may contact you before fulfilling the order or cancel the affected order and provide an appropriate refund.

7. Orders and Order Acceptance

Submitting an order through our website constitutes an offer to purchase the selected products.

After placing an order, you may receive an order confirmation email. An order confirmation does not necessarily mean that the order has been accepted or shipped.

We reserve the right to accept, decline, limit, or cancel an order for legitimate reasons, including:

  • Product availability issues
  • Pricing or listing errors
  • Suspected fraudulent activity
  • Incorrect customer information
  • Shipping restrictions
  • Payment authorization issues
  • Other circumstances affecting our ability to fulfill the order

If an order is cancelled after payment has been processed, the applicable amount will be refunded.

8. Payment

Payment must be successfully authorized before an order can be processed.

You agree to provide accurate billing and payment information.

We may use third-party payment processors to securely process transactions. Your payment information may be handled according to the applicable payment processor's terms and privacy practices.

We do not intentionally store complete payment card information on our own systems where payment processing is handled by third-party payment providers.

9. Shipping and Delivery

Shipping is currently available within the United States.

Our standard shipping terms are described in our Shipping Policy.

Estimated delivery times are provided for convenience and are not guaranteed unless specifically stated otherwise.

Shipping delays may occur because of:

  • Carrier delays
  • Severe weather
  • Holidays
  • High shipping volumes
  • Transportation disruptions
  • Incorrect address information
  • Other circumstances outside our reasonable control

Customers are responsible for providing accurate shipping information during checkout.

10. Returns and Refunds

Returns and refunds are governed by our Return and Refund Policy.

Unless otherwise stated, eligible products may generally be returned within 30 calendar days of delivery, subject to the conditions described in that policy.

Certain products, including personalized or final-sale items, may be subject to additional restrictions.

Nothing in these Terms limits any consumer rights that cannot legally be waived under applicable law.

11. Order Cancellations

If you need to cancel an order, please contact us as soon as possible.

We may be able to cancel an order before it has been processed or shipped.

Once an order has been shipped, cancellation may no longer be possible and the applicable return procedure may apply.

Any cancellation rights provided by applicable federal or state law remain unaffected.

12. Intellectual Property

All content appearing on the Brush Creek Pottery website, including but not limited to:

  • Logos
  • Brand names
  • Product photographs
  • Product descriptions
  • Graphics
  • Website designs
  • Text
  • Layouts
  • Icons
  • Videos
  • Original artwork

may be owned by or licensed to Brush Creek Pottery and may be protected by applicable intellectual property laws.

You may not reproduce, modify, distribute, publish, sell, or commercially exploit our protected content without prior written permission.

13. Customer Reviews and User Content

If you submit a product review, photograph, comment, testimonial, or other content to Brush Creek Pottery, you represent that you have the necessary rights to submit that content.

You agree not to submit content that:

  • Is unlawful or fraudulent.
  • Infringes another person's intellectual property rights.
  • Contains harmful or malicious material.
  • Contains abusive, threatening, or discriminatory material.
  • Contains misleading or false information.
  • Violates another person's privacy.

By submitting content, you grant Brush Creek Pottery a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and publish that content for legitimate business and marketing purposes, subject to applicable law.

We reserve the right to remove content that violates these Terms or applicable law.

14. Third-Party Services and Links

Our website may use third-party services, including payment processors, shipping carriers, analytics providers, hosting services, or other technology providers.

Our website may also contain links to third-party websites.

We are not responsible for the content, policies, availability, security, or practices of third-party websites or services.

Your use of third-party services may be subject to their separate terms and policies.

15. Privacy

Your use of our website is also subject to our Privacy Policy.

The Privacy Policy explains how we collect, use, disclose, and protect information obtained through our website.

By using our website, you acknowledge that you have reviewed our Privacy Policy.

16. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website and its content are provided on an "as available" and "as is" basis.

We do not guarantee that:

  • The website will always be available.
  • The website will be uninterrupted or error-free.
  • All website content will always be completely accurate or current.
  • Technical issues will never occur.
  • Every product will remain continuously available.

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot legally be excluded or limited under applicable law.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Brush Creek Pottery will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the website or purchase of products, except where such limitation is prohibited by law.

Our liability for a particular order will be limited to the extent permitted by applicable law and the circumstances giving rise to the claim.

Nothing in these Terms is intended to exclude liability that cannot legally be excluded under applicable federal or state law.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Brush Creek Pottery and its owners, employees, contractors, and service providers from claims, losses, liabilities, damages, costs, or expenses arising from:

  • Your violation of these Terms.
  • Your unlawful use of the website.
  • Your misuse of products.
  • Your violation of another person's rights.
  • Information or content you submit through the website.

This section does not require you to indemnify us for matters that cannot legally be shifted to you under applicable law.

19. Governing Law

These Terms of Service are governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where applicable federal or other mandatory law provides otherwise.

Any dispute will be handled in a court or other forum having appropriate jurisdiction, subject to applicable consumer protection laws and any rights that cannot legally be waived.

20. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our business, website, products, services, or applicable legal requirements.

When changes are made, the updated version will be posted on this page with a revised "Last Updated" date.

Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by law.

21. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where legally permitted.

The remaining provisions will continue in effect.

22. Entire Agreement

These Terms, together with our applicable website policies, including our Shipping Policy, Return and Refund Policy, and Privacy Policy, constitute the applicable agreement governing your use of our website and purchases from Brush Creek Pottery, except where additional written terms apply.

23. Contact Information

If you have questions regarding these Terms of Service, please contact us:

Brush Creek Pottery
Email: support@brushcreekpottery.com
Phone: +1 419 551 2112
Address: 22611 State Rte 2, Archbold, OH 43502, United States

We are happy to assist with questions regarding our website, products, orders, shipping, returns, or these Terms of Service.