Terms of Service | Jeanne Vaccaro

Last Updated – January 8, 2021

About Us. We are Clay ‘N Cookie Café, Inc., also called Jeanne Vaccaro Pottery (the “Company”). We own and operate www.jeannevaccaro.com (the “Site”). If you have any questions or concerns about the Terms of Service, or our Privacy Policy which can be found here: privacy policy please send an email to jeannevaccaropottery@gmail.com. We would be happy to answer your questions.
About the Terms of Service; Consent. The Terms of Service is an agreement between you and the Company. It contains the rules that govern your use of the Site in general, including the purchase of any products or services, and any new features or tools which may be added in the future. By using the Site, you are agreeing to be bound by the Terms of Service. Please read the Terms of Service and the Privacy Policy carefully in their entirety before accessing or using the Site. We may revise the Terms of Service from time to time, and you can find the date of the last update at the beginning of this document (please see above). It is your responsibility to check this page periodically for any changes. If you do not agree to both the Terms of Service and the Privacy Policy, then regrettably you may not access the Site or use it to purchase products. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Service on your behalf and you may only access and use the Site with permission from your parent or legal guardian.
Use of the Site. We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and the information and content. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other materials published on the Site; any non-personal use of our listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms of Service are reserved and retained by the Company. The licenses granted by us to you automatically terminate if you do not comply with these Terms of Service.
Products. Products offered on the Site may have limited quantities, and are subject to return or exchange only according to our Return Policy. We make every effort to describe and display our products as accurately as possible, however, there may be variations in how a given photograph will look when viewed on the display of different computers or electronic devices.
Ordering. The online store available on our Site (the “Store”) is hosted by a third party called Square, Inc. (“Square”). Square provides you with the e-commerce payment platform which allows you to purchase our products through the website. Square is a separate company, so when you use their services to pay for your purchases, their terms of service will apply. If you would like to review Square’s terms of service, please visit their website www.squareup.com.
Shipping. Purchases will be shipped via USPS Priority mail with insurance. Additionally, we offer free home delivery within a ten (10) mile radius of Shrewsbury, or you may visit the studio to pick up your purchases yourself. In-stock products will be home-delivered or shipped within 7 business days once payment been confirmed to us by Square. If an item you ordered is temporarily unavailable, we will advise you when to expect delivery using the contact information you provided. Any applicable taxes will be collected upon purchase, based on the order's "ship to" address as required by law. Sales tax will also be applied to shipping and handling charges where required by law. The sales tax displayed at checkout is estimated, and the final applicable tax will be calculated when your order is shipped. Taxes will be listed on your final invoice.
Returns. We will accept returns or exchanges of products which are defective or were damaged during shipping. We make every effort to carefully package our handmade pottery to protect it during transit, but unfortunately damage may occasionally occur during the shipping process. When your order arrives, please take note the condition of the package before opening. If the package is damaged, please take a picture of the unopened box. If the product is damaged after opening the package, please email me an image of the broken item, and the damaged box if applicable, within 5 business days of receipt. Both the damaged product and the packaging materials must be clearly included in the photograph. Upon receiving photographs verifying defect or shipping damage, we will replace your item as soon as possible at no additional charge. If a replacement item is not immediately available for shipment, we will give you the option of receiving a refund instead of waiting. Refunds will be credited to your original form of payment. Please allow up to two billing cycles for refunds to appear on your credit card statement. Shipping and handling fees are not refundable.
Intellectual Property. The Site and Site Contents are the sole and exclusive property of the Company (with the exception of materials where rights are specifically attributed to a third party), all rights reserved, and are protected under U.S. and International copyright laws. For the purposes of these Terms of Service, “Site Content” means any and all photographs, text, ideas, concepts, treatments, formats, artwork, drawings, videos, audiovisual works, sound recordings, software code, reports, tables, charts, and similar materials that are submitted, posted, uploaded, embedded, displayed, distributed, communicated or otherwise added to the Site and the Store, excluding materials where rights are specifically attributed to a third party. All trademarks, slogans, service marks, trade names, and trade dress appearing on the Site and/or Site Content are proprietary to the Company. Except as we may specifically agree to in writing, no Site Content may be used, copied, reproduced (including, without limitation, the copying, transmitting, or saving of digital files), displayed, distributed, modified, or used to create a derivative work. You may not (i) frame or embed the Site or introduce any virus, worm, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Site or the operation of the Site; or (ii) scrape, spider, use a robot or other automated means of any kind to access the Site Content. Any unauthorized use of Site Content is a federal offense and will be prosecuted to the fullest extent of the law. If you have any questions about the Site Content or want to request permission to use any Site Content, please contact us at jeannevaccaropottery@gmail.com.
Third-Party Links. The Site may have links to websites owned and operated by other third parties not affiliated with the Company (the "Linked Sites"). We do not control or monitor the Linked Sites and are not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any endorsement or sponsorship. You are solely responsible for your access of the Linked Sites and any interactions and transactions you engage in as a result.
Inaccuracy Disclaimer. From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Company reserves 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). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
DISCLAIMER. SUBJECT TO APPLICABLE LAW, THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT ANY SITE CONTENT WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF HARM SUSTAINED BY YOU OR YOUR PROPERTY DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SITE AND ANY SITE CONTENT AND ANY INFORMATION YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF THE SITE OR SITE CONTENT, (B) YOUR INTERACTIONS WITH ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR REMITTANCE OF PERSONAL AND PAYMENT INFORMATION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $10 (WHICHEVER IS LESS). UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE SITE, THE SITE CONTENT, OR THE PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM REQUIRED PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. NO CLAIMS, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE MADE BY THE COMPANY WITH RESPECT TO THE SAFETY, RELIABILITY, DURABILITY, AND PERFORMANCE OF THE PRODUCTS ORDERED BY YOU. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO PROPERTY OR LIFE WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE PRODUCTS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, OWNERS, AFFILIATES, PARTNERS, LICENSEES, AND ASSIGNEES FROM AND AGAINST ANY LOSSES, DAMAGES, AND CLAIMS DIRECTLY OR INDIRECTLY RELATING TO OR RESULTING FROM YOUR PURCHASE OR USE OF THE PRODUCTS
Comments and Feedback. We welcome comments and feedback. However, if you send 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; or (2) to pay you any compensation in consideration of your provision or our use of any Comments.
Personal Information. Your submission of personal information during the ordering process through the Store is governed by our Privacy Policy which may be found here: Privacy Policy.
Termination. You may terminate these Terms of Service at any time by discontinuing your use of the 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 of Service, we may deny you the ability to order Products or block your access to the Store or the Site. Your obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
Governing Law; Jurisdiction. The Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States of America, without effect to any principles of conflicts of law. Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms of Service, the Site, the Site Content or the products and services shall be filed, and that venue properly lies, only in state or federal courts located in the Commonwealth of Massachusetts, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The Company makes no representation that the Site is appropriate or available for use in any particular location. Those who choose to access the Site or order products and are responsible for compliance with all applicable laws including any applicable local laws.
Severability. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

No Waiver. No waiver of any provision of any term of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.