Effective Date: 09.06.2025

Welcome to Potted Earth! These Terms of Service ("Terms") govern your use of our website and the purchase of our handmade ceramic products. By accessing our website or making a purchase, you agree to be bound by these Terms. Please read them carefully.

About Our Products

Handmade Nature: All Potted Earth products are individually handcrafted. Natural variations in size, color, texture, and finish are inherent characteristics of handmade ceramics and are not considered defects. Each piece is unique, and slight differences from product photos should be expected.

Product Descriptions: We strive to accurately describe and photograph our products. However, colors may appear differently on various devices and monitors. Dimensions provided are approximate.

Care Instructions: Most of our ceramics are food-safe and dishwasher-safe unless otherwise noted. Avoid extreme temperature changes.

Using Our Website

Permitted Use: You may use our website for personal, non-commercial purposes to browse and purchase our products.

Prohibited Activities: You may not:

• Use our site for any unlawful purpose or in violation of these Terms

• Copy, reproduce, distribute, or display our content, images, or product designs without written permission

• Attempt to gain unauthorized access to our systems

• Upload viruses or malicious code

• Impersonate Potted Earth or others

• Use automated systems (bots, crawlers) to access our site

Orders and Payment

Order Acceptance: All orders are subject to acceptance and product availability. We reserve the right to refuse, cancel, or limit orders for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

Pricing: All prices are in USD and subject to change without notice. The price charged will be the price displayed at the time of your order.

Payment Processing: Payments are processed securely through our payment processor (which may include Squarespace Payments, Stripe, PayPal, or other secure payment solutions). By providing payment information, you represent that you are authorized to use the payment method.

Order Confirmation: You will receive an email confirmation when your order is placed and another when it ships.

Shipping and Delivery

Shipping Times: Processing times are typically 5-7 business days, with shipping taking 5-7 business days for domestic orders. International shipping may take 1-3 weeks. These are estimates, and actual delivery times may vary.

Shipping Costs: Shipping costs are calculated at checkout and vary based on location and order size.

Delivery Address: You are responsible for providing accurate shipping information. We are not responsible for packages delivered to incorrect addresses due to customer error.

Risk of Loss: Risk of loss and title pass to you upon delivery to the shipping carrier.

International Orders: International customers are responsible for all customs duties, taxes, and fees. We are not responsible for delays caused by customs processing.

Returns, Refunds, and Exchanges

Final Sale Policy: Due to the handmade and personalized nature of our products, all sales are final under normal circumstances.

Damaged Items: If your item arrives damaged during shipping, please contact us within 7 days of delivery with photos of the damage and original packaging. We will provide a replacement or store credit at our discretion.

Wrong Item: If we ship the incorrect item, please contact us within 7 days of delivery. We will arrange for return shipping and send the correct item or provide a full refund.

Processing Time: Approved refunds will be processed within 5-10 business days to your original payment method.

Custom and Personalized Orders

Custom Work: Custom orders require a 50% non-refundable deposit. The remaining balance is due before shipping.

Approval Process: We will provide photos or mockups for approval before finalizing custom pieces. Minor revisions are included; significant changes may incur additional fees.

Timeline: Custom orders typically require 4-8 weeks for completion, not including shipping time.

Cancellation: Custom orders cannot be cancelled once production begins.

Intellectual Property

Our Rights: All content on this website, including but not limited to text, images, logos, product designs, and artwork, is the property of Potted Earth and protected by copyright and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive license to access and use our website for personal, non-commercial purposes only.

Prohibited Use: You may not reproduce, distribute, modify, or create derivative works of our content without express written permission.

Privacy and Data Protection

Information Collection: We collect information you provide when placing orders, creating accounts, or contacting us. This may include name, email, shipping address, and payment information.

Use of Information: We use your information to process orders, communicate about your purchases, and improve our services. We do not sell or share your personal information with third parties except as necessary to fulfill orders.

Cookies: Our website uses cookies to enhance your browsing experience and remember your preferences.

Data Security: We implement security measures to protect your personal information, though no online system is 100% secure.

Communication and Marketing

Email Communications: By making a purchase, you consent to receive order-related emails. You may opt into marketing communications and can unsubscribe at any time.

SMS/Text Messages: If you provide a phone number, you may receive order updates via text message.

Limitation of Liability

Disclaimer: Our products are provided "as is" without warranties of any kind, express or implied.

Liability Limits: To the maximum extent permitted by law, Potted Earth's total liability shall not exceed the amount you paid for the specific product giving rise to the claim.

Excluded Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or revenues.

Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, supplier issues, or government actions.

Governing Law and Disputes

Governing Law: These Terms are governed by the laws of New York State, without regard to conflict of law principles.

Dispute Resolution: Any disputes will be resolved through binding arbitration in New York State rather than in court, except that either party may seek injunctive relief in court for intellectual property violations.

General Provisions

Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full effect.

Entire Agreement: These Terms constitute the entire agreement between you and Potted Earth regarding your use of our website and purchase of our products.

Assignment: You may not assign these Terms without our written consent. We may assign these Terms at any time.

Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website after changes constitutes acceptance of the modified Terms.

Contact Information

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

Email: pottedearthstudio@gmail.com
Website: potted.earth

Last updated: 09.06.2025