Terms of service
TERMS OF SERVICE Brush & Kiln LLC, doing business as Rock N Art Shop
OVERVIEW
Welcome to Rock N Art Shop. The terms "we," "us," and "our" refer to Brush & Kiln LLC, doing business as Rock N Art Shop. Brush & Kiln LLC operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Rock N Art Shop is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
Rock N Art Shop sells handmade stoneware pottery and original paintings created by Stacia and Larry Morand, both operating under Brush & Kiln LLC. Every piece of pottery is hand-thrown in small batches and every painting is a one-of-a-kind original work. No two pieces are identical.
We have made every effort to provide an accurate representation of our products in our online store. However, please note the following:
Color variation: Glaze colors, surface texture, and tonal qualities of original paintings may appear differently on screen than in person. This is a result of individual monitor settings and display configurations and is not a product defect.
Handmade variation: Slight differences in glaze movement, surface texture, form, and dimensions are inherent characteristics of handmade stoneware and are not considered flaws or defects. These variations are what distinguish handmade work from mass-produced goods.
Original artwork: Each painting is a unique, one-of-a-kind original. We make every effort to photograph works accurately, but the texture, depth, and visual quality of original paintings may not be fully captured in photography.
We do not warrant that the appearance or quality of any products purchased by you will meet expectations formed solely from viewing digital images. If you have questions about a specific piece before purchasing, please contact us at brushnkiln@gmail.com — we are happy to provide additional photographs or details.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Brush & Kiln LLC, doing business as Rock N Art Shop, reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Rock N Art Shop confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting. Because our products are handmade and one-of-a-kind, Rock N Art Shop may be unable to accommodate cancellation requests after an order is accepted. Custom and personalized orders may not be cancelled under any circumstances once production has begun.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred by you will be honored by your financial institution; and (iv) you will pay all charges incurred, including shipping and handling charges and applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather events, or other circumstances outside our control.
Once we transfer your order to the carrier, title and risk of loss passes to you. We strongly recommend retaining all original packaging materials until you have confirmed your order arrived safely and in good condition. In the event of shipping damage, photos of both the damaged item and the original packaging are required to file a carrier claim. Please review our Refund Policy for full details on damaged shipment procedures.
SECTION 6 — INTELLECTUAL PROPERTY
All original artwork, pottery designs, photographs, written content, and branding on this site are the intellectual property of Brush & Kiln LLC and its individual artists, Stacia Morand and Larry Morand, and are protected by U.S. and applicable foreign copyright and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Purchasing a physical product does not grant you any rights to reproduce, distribute, or commercially exploit images of that product or the underlying artistic works.
Rock N Art Shop's names, logos, product and service names, designs, and slogans are trademarks of Brush & Kiln LLC. You must not use such trademarks without prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, and trademarks on the Services are the property of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. 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 such tools is entirely at your own risk.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to websites provided or operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites. If you leave our Services to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of products or services on those websites.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Rock N Art Shop is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Brush & Kiln LLC, doing business as Rock N Art Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Rock N Art Shop, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Rock N Art Shop.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agree to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify as well as third parties in order to provide services to you.
SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant Brush & Kiln LLC a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to all Feedback submitted, and that your Feedback will not violate any third-party rights.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulations, rules, laws, or ordinances; (c) to infringe upon intellectual property rights; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material without our consent, including spam or chain letters; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You further agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use any automated tools, scrapers, robots, or AI agents to access the Services without authorization; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your access at any time without notice for violation of these Terms.
SECTION 14 — AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct human supervision.
14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the requirements in Section 14.4 below, and only if we have not requested that the Agent refrain from accessing the Services.
14.3 We may limit, including by technical measures, whether and how any Agent accesses or interacts with the Services.
14.4 Agents must: (i) identify that requests are from an Agent and disclose the Agent name in the HTTP/HTTPS user agent string; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control Agent access.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive any termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY BRUSH & KILN LLC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BRUSH & KILN LLC, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Brush & Kiln LLC, Rock N Art Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 19 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of any remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
The failure of Brush & Kiln LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and Brush & Kiln LLC and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals between you and us.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. You and Brush & Kiln LLC consent to venue and personal jurisdiction in the state and federal courts located in Los Angeles County, California.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Brush & Kiln LLC, doing business as Rock N Art Shop brushnkiln@gmail.com 20750 Ventura Blvd, Suite 342 Woodland Hills, CA 91364