Peaches N Clay, LLC - Terms of Service

Last Updated: July 23, 2025

Overview:
These Terms of Service (“Terms”) are a legal agreement between you (“user,” “you,” or “customer”) and Peaches N Clay, LLC (“Peaches N Clay, LLC,” “we,” “us,” or “our”), governing your access to and use of our website (the "Site") and any related services, content, and features provided by Peaches N Clay, LLC. By accessing our Site, creating an account, or purchasing any products from us, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (see above). If you do not agree with these Terms or our Privacy Policy, you should not use our Site or services.

Our website is an independently owned online shop offering a selection of curated products, including plush toys and handcrafted clay items. Some items may be from third-party brands, while others are original creations made by us.

We are not affiliated with or endorsed by any third-party brands unless explicitly stated (see the Intellectual Property section for more details).

By using our website or placing an order, you agree to the Terms outlined below. Please read them carefully before proceeding.

1. Eligibility and Account Registration

Eligibility: To use our Site or purchase products, you must be able to form a legally binding contract under applicable law. This generally means you must be at least 18 years old or the age of majority in your jurisdiction. By using the Site, you represent that you meet this eligibility requirement. If you are under 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Children under 13 are not permitted to use our Site or services in any manner (as we do not knowingly collect their data, per COPPA). If you are a parent or guardian, you are responsible for supervising your minor child's use of our Site.

Account Creation: You do not have to create an account to browse our Site or to make a purchase (we allow guest checkout). However, creating an account is encouraged to enjoy a more personalized shopping experience and faster checkout. To create an account, you will need to provide a valid email address and create a secure password. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete. You must not impersonate someone else or create an account using information you are not authorized to use. Each individual is generally limited to one account, and accounts are not transferable.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Do not share your password with anyone. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately at our support contact. You are responsible for all activities that occur under your account, whether or not you authorized them. We recommend using a strong, unique password and logging out of your account when using a shared device to protect your account security.

Account Usage: By creating an account, you agree to use it in compliance with these Terms and all applicable laws. You must not use another person’s account without permission. We reserve the right to refuse registration, or cancel an account, if we determine (at our discretion) that the account violates our rules or that the user is not in compliance with these Terms. If your account is terminated or suspended (see Section 9 below), you may be prohibited from creating a new account without our permission.

2. Product Information and Orders

Product Descriptions: We strive to provide accurate descriptions, images, and prices for all products listed on our Site. This includes Jellycat plush toys which we resell, as well as original products (such as clay figurines) that we may introduce. However, we do not guarantee that all content on our Site is error-free, complete, or current. For example, product colors may appear slightly different in photos than in person due to monitor settings, and occasionally typos or inaccuracies may occur. If a product delivered is not as described, your sole remedy is to contact us using the Contact Form(see Returns section below).

Product Use Disclaimer:
Our products, including clay figurines and other handmade items, are intended for decorative purposes only and are not toys. They are not designed for handling by children and may pose a risk if used improperly. Plush items follow the manufacturer’s age recommendations and safety guidelines. Please review these details carefully before purchasing.

Availability: All product listings are subject to availability. We stock limited quantities of certain items. We cannot guarantee that an item will remain in stock until you complete checkout; placing an item in your cart does not reserve it. If a product you ordered is out of stock or unavailable for any reason, we will notify you as soon as possible and provide a refund or alternative solution (such as waiting for restock or selecting a different item, if you choose).

Orders and Acceptance: When you place an order through our Site, you are making an offer to purchase the selected product(s) in accordance with these Terms. After you submit your order, you will receive an order confirmation email summarizing the items and indicating that we have received your offer. This email does not signify our acceptance of your order; it is simply an acknowledgment. A binding contract is not formed until we accept and process your payment and ship the product to you. We reserve the right to accept or decline any order for any reason, including but not limited to: potential fraud or unauthorized transaction detected, inaccuracies or errors in product or pricing information, or inability to fulfill the order (e.g., item is out of stock).

Order Cancellation by Us: We reserve the right to cancel or refuse any order prior to delivery. Some situations that may result in your order being canceled include: limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or issues identified by our fraud prevention processes. If your order is canceled, we will attempt to notify you using the contact information provided with the order and will refund any payment received. If a pricing error is discovered after your order has been placed (for example, an item was listed at an incorrect price due to a typo), we will contact you with the correct price. You will have the option to proceed with the order at the correct price or cancel for a full refund. We know this can be disappointing, but such measures are in place to ensure fairness and accuracy.

Customer Cancellation: If you need to cancel or modify an order after placing it, please contact us immediately. We will do our best to accommodate your request if the order has not yet shipped. However, once an order has been shipped, it cannot be canceled. Custom-made or personalized items might not be cancellable once production has started, which will be indicated on the product page.

3. Pricing and Payment

Pricing: All prices on our Site are listed in U.S. Dollars (USD), unless otherwise noted. Prices do not include applicable taxes, shipping fees, or customs duties (for international orders) — these will be added at checkout or are the responsibility of the customer as described below. We try to ensure that all pricing information on the Site is correct. In the rare event of a pricing error (obvious typo or technical glitch leading to an incorrect price), we are not obligated to fulfill orders at that erroneous price and will either cancel the order or contact you for instructions. Prices for products may change over time, especially if items go on sale or if our costs change. The price you pay is the price displayed at the time you place your order (provided there was no error). Once you place an order, that price is locked in for that transaction.

Sales Tax: We are based in North Carolina, USA. We will collect and remit sales tax for orders shipping to North Carolina addresses as required by state law, and possibly for other states if our business triggers nexus in those states. Any applicable sales tax will be calculated and added at checkout. If you are tax-exempt (e.g., a reseller or organization with tax-exempt status), please contact us before placing your order to provide the necessary documentation; we’ll instruct you on how to proceed without being charged tax. International orders are generally not charged U.S. sales tax, but they may be subject to import taxes or VAT in the destination country (see “International Shipping” below).

Payment Methods: We accept major credit and debit cards (such as Visa, MasterCard, American Express, Discover), PayPal, and other payment methods as indicated on our Site. All payments are processed through secure third-party payment processors integrated with our Wix platform. These processors comply with PCI-DSS standards for security, ensuring your payment information is handled safely. When you provide payment information, you represent and warrant that you are authorized to use the payment method and that the information is true and accurate.

Payment Timing: When you place an order, you authorize us (or our payment processor) to charge the full amount to the payment method you designate for the order. In most cases, your payment will be charged immediately at checkout (especially for credit/debit card payments). For certain methods like PayPal, you will be directed to log in and approve the payment. If, for some reason, the payment is not captured at the time of order (e.g., for pre-orders, or if we allow "pay on dispatch"), we will notify you of the timing. Title to the products you purchase transfers to you when we have received full payment and shipped the product.

Billing and Account Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Site. You must promptly update your account and other information, including your email address, payment card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. If we suspect a payment is fraudulent or unauthorized, we reserve the right to suspend processing of the transaction and may contact you or the issuing bank for verification. This is to protect both you and us from fraud.

International Purchases: If you purchase from outside the United States, your payment method might automatically convert the charge to your local currency or charge foreign transaction fees. Peaches N Clay, LLC is not responsible for any additional bank fees or exchange rate differences applied by your card issuer or bank. The final amount charged in your local currency (if not USD) is determined by your payment provider.

4. Shipping and Delivery

Geographic Coverage: Peaches N Clay, LLC currently ships products within the United States and internationally to many countries. During checkout, you will see available shipping destinations. If your country or region is not listed, unfortunately we may not be able to ship there at this time. We hope to expand our international reach in the future.

Processing Time: We typically process orders within [1-3 business days] (Monday through Saturday, excluding holidays) after payment is confirmed. This means we will pack and hand over your order to the shipping carrier within that timeframe. During peak seasons or new product launches, processing may take slightly longer, but we will post notices on our Site if that is the case. Account holders may be able to view their order status when logged in, and all customers will receive an email notification when their order has shipped.

Delivery Time: Delivery times will vary depending on the shipping method and destination. For U.S. domestic orders with standard shipping, expect delivery within [3-7 business days] from the shipment date. Expedited options can arrive in [1-3 days] after shipment. International delivery times vary widely by country – typically between [7-21 business days], not including potential customs clearance delays. These are estimates and not guarantees, as many factors (weather, carrier delays, customs holds) can affect transit. We are not liable for delivery delays once the package is handed to the carrier, but we will assist in tracking and resolving issues where possible.

Tracking: All orders will come with a tracking number which will be emailed to you when the order ships. You can use this number to track the package via the carrier’s website. If you do not receive a tracking number, please check your spam folder or contact us. Tracking for international shipments might show limited information once it leaves the U.S., depending on the destination country’s postal system.

Delivery Issues: It is your responsibility to provide a correct and complete shipping address. Please double-check your address before finalizing the order. We are not responsible for packages that are lost or not delivered due to an incorrect address provided by the customer. If a package is returned to us due to an incorrect address or inability to deliver, we will contact you for an updated address and additional shipping payment (if it was the customer’s error) or offer a refund for the product minus any shipping fees we incurred. If your tracking information shows delivered but you did not receive the package, first check around your property and with neighbors, and contact the carrier for details (sometimes they mark as delivered a day early or leave it in an unexpected spot). Then notify us; while such cases are outside our control, we will try to assist – sometimes a police report or carrier claim may be filed for theft. We may offer a replacement or store credit at our discretion in such situations, but cannot guarantee it.

International Shipments – Customs, Duties & Taxes: For orders shipped outside the United States, you are responsible for any customs fees, import duties, tariffs, or taxes imposed by the destination country. These charges are not included in our product prices or shipping fees. They are determined by your local customs authority and are typically collected by the carrier upon delivery. We have no control over these charges and cannot predict their amount, as customs policies vary widely. We recommend you contact your country’s customs office for information on what these costs may be before ordering. Additionally, international shipments may be subject to opening and inspection by customs officials. We are not responsible for any customs-related delays or charges. By law, we must declare the actual value of the merchandise on any customs form and cannot mark an order as a “gift” or undervalue it to avoid fees.

Risk of Loss: All products purchased from our Site are made pursuant to a shipment contract. This means that title to and the risk of loss for the items pass to you upon our delivery of the package to the shipping carrier. Once the package is in the carrier’s possession, you assume all responsibility for the shipment, including any loss, theft, or damage that may occur during transit.

We package all items securely and ship with appropriate tracking and, for high-value orders, insurance. However, we are not responsible for packages lost, stolen, or damaged after they are transferred to the carrier. If an issue arises during shipping, it is your responsibility to contact the carrier and file a claim directly with them. We do not offer replacements or refunds for packages affected after carrier acceptance.

The Risk of Loss policy applies except where prohibited by consumer law.

5. Returns, Refunds, and Exchanges

All sales are final except as noted below.

Due to the collectible and limited nature of the items we offer, Peaches N Clay, LLC does not accept returns or exchanges under normal circumstances. All sales are considered final once the order is placed in most cases.

We strive to provide clear, accurate descriptions and photos of all products. Because many of the items we carry are rare, retired, or limited edition, we cannot offer traditional return windows or general buyer’s remorse refunds.

Exceptions in Extenuating Circumstances

In rare and extenuating cases, we may offer a refund or store credit at our sole discretion. Examples include:

An item arrived significantly not as described
The product has a defect or damage not disclosed before purchase

To request a resolution, please contact us within 2 days of delivery using our Contact Form with your order number and a description of the issue. We will review each case individually and respond with the next steps.

EU/EEA/UK Customers – Right of Withdrawal: If you are a consumer in the European Union (or a country with similar consumer protection laws, such as the UK or EEA countries), you have a legal right to cancel your online purchase within 14 days of receiving the goods, for any reason (or no reason). This is known as the "cooling-off period" or "right of withdrawal." To exercise this right, you must inform us of your decision to cancel within 14 days after delivery. You can do so by contacting us with a clear statement (email is fine) that you are invoking your right to withdraw. You then must return the products to us within 14 days of notifying us. We will provide a refund of the price paid for the products and the original standard shipping cost (if any) within 14 days of receiving the returned goods (or of receiving proof you have sent them back). Note: we are allowed to deduct for any diminished value of the goods if they were handled beyond what is necessary to inspect them (like you would in a physical store). Also, the cost of return shipping for a withdrawal is typically borne by the customer (unless we agree to cover it). We will abide by all specific national laws that implement the EU Consumer Rights Directive. Additionally, EU customers have a 2-year conformity guarantee for any product that turns out to be faulty or not as advertised – which means if a product is defective or fails to meet the description, you are entitled to have it repaired or replaced, or get a refund if that’s not feasible. This 2-year period starts from the receipt of the goods, and you must inform us of the defect within a reasonable time of discovering it. This guarantee is provided under EU law in addition to our return policy.

Refunds for International Orders

While all sales are final in most cases, in rare cases where a refund is approved (such as for a defective or misrepresented item), international refunds will be processed in U.S. Dollars (USD). We are not responsible for any currency conversion differences between the original purchase and the refunded amount. Exchange rates may fluctuate, and your financial institution may apply its own conversion rate or fees, which could result in a slight difference in the final amount you receive.

Refund Timelines

If a refund is granted, we will issue it promptly to the original payment method. Depending on your bank or payment provider, it may take several business days for the refund to appear on your statement. If more than 10 business days have passed since we notified you of the refund, we recommend first checking with your bank or credit card provider. For PayPal refunds, timing depends on the original funding source and may vary.

Policy Updates

Peaches N Clay, LLC reserves the right to update or revise this return and refund policy at any time. Any changes will only apply to future purchases. Orders placed before the change will remain subject to the policy in effect at the time of purchase.

6. Intellectual Property and Content Ownership

Our Content: All content on the Peaches N Clay, LLC website – including but not limited to text, product descriptions, photographs (excluding third-party product images, see below), graphics, logos, button icons, design layout, software code, and overall look & feel of the site – is the property of Peaches N Clay, LLC or our content suppliers and is protected by copyright, trademark, and other intellectual property laws. Peaches N Clay, LLC’s name and logos, as well as any of our unique product names or designs (particularly for our clay products), are our trademarks or trade dress. You are not permitted to use our trademarks or copyrighted content without our express written permission, except as allowed by law (such as fair use or as necessary for the intended use of our services).

License for Personal Use: We grant you a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of our Site. This means you can view, download (cache) pages from our Site for your own personal shopping use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any portion of our Site’s content without our prior written consent. For example, you cannot scrape our product listings to create a competing site, nor use our photos in your own advertisements or postings, without permission.

Third-Party Trademarks & Content: As noted, we resell products from the Jellycat brand. Jellycat’s name, product names, logos, and images are trademarks and intellectual property of Jellycat Ltd. We respect their intellectual property rights. Any Jellycat images or descriptions used on our Site are used solely to identify the products for sale. We have either obtained these images/descriptions through authorized channels or taken our own photographs of the genuine products. We do not claim ownership of Jellycat’s intellectual property.

Non-Affiliation Disclaimer: Jellycat Ltd. and its trademark holders are not affiliated with, endorsed by, or sponsoring Peaches N Clay, LLC. Nothing on our Site should be interpreted as implying any partnership or endorsement by Jellycat. We simply sell authentic Jellycat items that we have sourced through lawful means. Likewise, any other third-party names or marks (for example, if we mention other brands or link to external content) are the property of their respective owners, and use on our Site does not imply endorsement or affiliation.

User Content: If our Site allows for any user-generated content (such as product reviews, comments, or social media posts tagging us), the intellectual property rights to that content remain with the user who provided it. However, by submitting or posting content that relates to our Site or products, you grant Peaches N Clay, LLC a worldwide, royalty-free, perpetual license to use, reproduce, modify, publish, and display that content in any media (for example, we might repost your photo of our product on our Instagram, or display a review you wrote on our Site). We will of course give appropriate credit where feasible, and we will abide by any additional terms for content (like a social media platform’s terms). You promise that you have the right to grant this license and that doing so won’t infringe anyone else’s rights.

Reporting IP Concerns: We respect the intellectual property rights of others and require users to do the same. If you believe that any content on our Site infringes your copyright or other IP rights (for example, if you think someone’s review uses your copyrighted material, or if you suspect counterfeit goods – although we only sell genuine products), please notify us with detailed information so we can investigate. For copyright infringement claims, under the Digital Millennium Copyright Act (DMCA), you can send a notice to our designated agent using our Contact Form. Please include all the required elements of a DMCA notice (your contact info, identification of the copyrighted work and the infringing material, statement of good faith and under penalty of perjury, etc.). We will respond promptly to such notices and remove or disable content that is found to infringe. We may also terminate accounts of repeat infringers, as per the DMCA.

Use of Site: You agree not to exploit any portion of the Site, including its content, for any commercial purpose not expressly permitted by us. This includes not framing our Site within another site, not using meta tags or hidden text with our name or trademarks without permission, etc.

7. Acceptable Use and Prohibited Activities

By using our Site, you agree to adhere to the following rules of acceptable use. You must not engage in any of the following activities:

Illegal Activities: You may not use the Site for any unlawful purpose or in furtherance of illegal activities. This includes (but is not limited to) violating any export control laws by ordering products to a restricted country, committing fraud, or engaging in activities that would violate any law or regulation.
Fraudulent or Misleading Conduct: You shall not provide false information or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, in connection with your use of the Site. This means no creating fake accounts, no placing orders under false pretenses, and no making fraudulent claims or chargebacks through your bank without legitimate cause.
Interference with Operations: Do not attempt to interfere with the normal operation of our Site or the servers and networks used to make the Site available. This includes no hacking, DDOS attacks, introducing viruses, worms, malware, or any other destructive code. Also, you may not use any automated system (like bots, scrapers, or spiders) to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period. We aim to maintain our site’s security – any attempt to compromise that is strictly prohibited.
Unauthorized Access: You must not attempt to gain unauthorized access to any portion of the Site, other user accounts, or any systems or networks connected to the Site (e.g., by password mining or any other illegitimate means). Similarly, do not test the vulnerability of our Site or network or breach security or authentication measures.
Data Mining or Scraping: You agree not to scrape, crawl, or collect content or data from our Site via automated means, except for what is strictly necessary for search engine indexing (robots.txt rules apply). Harvesting any personal information of other users (such as emails) or product data systematically is prohibited.
Harassment or Abuse: When interacting through any communication channels we provide (like reviews, or if we have a forum or chat), you must not harass, abuse, or harm other users or our staff. This includes no hate speech, no obscene or offensive content, and no spamming or excessive messaging. You should treat others with respect and refrain from using abusive language or making false statements that could damage someone’s reputation.
Intellectual Property Infringement: As mentioned earlier, you may not upload or share content that infringes any third party’s copyright, trademark, or other IP rights. You also may not use our content beyond the license granted (i.e., personal use only).
Reverse Engineering: You must not reverse engineer, decompile, or disassemble any software or technology used in our Site, or attempt to derive source code from it. Similarly, any attempt to decipher transmissions to/from our servers is not allowed.
Excessive Use of Site Resources: Activities that impose an unreasonable or disproportionately large load on our infrastructure are not allowed. For example, using bots to put thousands of items in carts, or any action that could degrade site performance for others, is prohibited.

We reserve the right to monitor the Site for compliance with these rules. If we suspect any user has violated the acceptable use terms, we may investigate and take appropriate action, including warning, suspension, termination of accounts, legal action, and cooperating with law enforcement authorities (including sharing information about violators).

8. Third-Party Links and Services

Our Site may include links to third-party websites or services that are not owned or controlled by Peaches N Clay, LLC. For example, our social media buttons may link to our pages on external platforms (Facebook, Instagram, etc.), or a blog post might reference another site. Additionally, some functionalities may involve third-party services — such as embedded videos, or payment processing by PayPal, or reviews widgets by an external provider.

No Endorsement: Inclusion of any link or third-party service integration on our Site does not imply that we endorse, supervise, or approve of the content, products, or services on those third-party sites. We provide these links for your convenience or informational purposes. You access and use third-party websites at your own risk.

Third-Party Terms: If you visit or use any third-party site or service, you will be subject to that third party’s terms and conditions and privacy policy. For instance, if you click a link to Jellycat’s official site, any interaction there is governed by Jellycat’s terms of use. If you use PayPal to check out, you are agreeing to PayPal’s user agreement by doing so. We are not a party to those agreements; it’s solely between you and the third-party. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Transactions with Third Parties: Any transactions or dealings you have with third parties (including advertisers or other merchants found via our Site) are solely between you and the third party. For example, if in the future we have affiliate links to another site where you buy a product, that purchase is between you and that site – we have no liability related to it.

Wix Platform: Note that our Site is built on Wix.com. By using our Site, you are indirectly interacting with Wix’s services as well. Wix has its own terms of use and privacy policy which govern the use of their platform by users and site visitors. Generally, you as a visitor are not signing up to Wix’s terms directly, but Wix’s infrastructure (like analytics, hosting, etc.) is underlying our Site. If you want to know more, you can refer to Wix’s terms posted on their official website. We (Peaches N Clay, LLC) ensure that our use of Wix is in line with their policies and that any data processed via Wix is handled as described in our Privacy Policy.

We welcome feedback about any third-party links we include. If you find a link on our Site that is broken or leads to objectionable content, please let us know so we can review it.

9. Termination and Suspension

By You: You may stop using our Site at any time. If you have an account, you may delete it by contacting us (or via a self-service option if available in your account settings). Termination of your account will not affect any pending orders (unless you also cancel them separately, if possible) or any rights or obligations already accrued under these Terms.

By Us: We reserve the right to terminate, suspend, or restrict your access to all or any part of our Site or services, at any time and without prior notice or liability, for any reason we consider valid. This includes, but is not limited to, situations where: (a) you have violated these Terms or any other policy; (b) we detect behavior that we believe is fraudulent, abusive, or illegal; (c) you fail to pay for an order or charge back a payment without justification; or (d) we experience technical or security issues that require shutting down accounts or the site generally. We may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability, if we believe it’s necessary to protect the integrity of our business or other users.

If we suspend or terminate your account due to violation of these Terms or misconduct, you are not entitled to any compensation or reimbursement for any subscription (not applicable here since we don’t have paid memberships, but for completeness) or unused services, etc. If you have any store credit or loyalty rewards, those may be forfeited as well in such cases. We also may refuse to allow you to create a new account.

Effect of Termination: Upon termination of your account or access, your right to use the Site will immediately cease. However, note that even after termination, certain provisions of these Terms will survive and remain enforceable (see Section 12 below). For example, our rights concerning content you’ve provided (like a review) may survive, and any obligations you have to pay for past orders or indemnify us, etc., will also survive.

If you had pending orders at the time of termination, we may cancel them and refund you (minus any restocking or processing fees if termination was due to your breach), or if they were already shipped, you are still obligated to pay for them. If we terminate for a serious cause (like fraud), we might hold any refunds or take legal action as appropriate.

Appeal: If you believe your account was suspended or terminated in error, you may contact us to explain, and we will review the decision. However, our decision thereafter will be final. We are not obligated to provide an explanation for termination, especially if doing so might compromise security protocols or investigations.

10. Disclaimers of Warranties

General “As-Is” Disclaimer: Peaches N Clay, LLC provides the Site and all products on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. Use of our Site and purchase of products is at your own risk. We make no warranty that the Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not guarantee that the results obtained from the use of the Site (or any services or information provided on the Site) will be accurate or reliable.

Product Warranties: We do not manufacture the Jellycat products we sell, and Jellycat does not typically provide a written warranty. Therefore, we do not provide any warranty on Jellycat products other than assuring that they are genuine and as described at the time of sale. We will, of course, honor our return policy for defects on arrival or similar issues. For any future Peaches N Clay, LLC branded products, unless a specific warranty is provided with the product, they are also sold as-is. That said, consumer protection laws (like implied warranties under U.S. law) may give you certain rights – for instance, an implied warranty that goods are of reasonable quality and fit for their intended use. To the extent allowed by law, we disclaim implied warranties or limit their duration to the minimum period allowed (some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of these limitations might not apply to you).

Specifically, to the fullest extent permissible under applicable law, Peaches N Clay, LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from us will meet your expectations (beyond what we explicitly promise in these Terms or on the Site), or that any errors in the Site will be corrected. For example, we don’t warranty that a plush toy will survive your pet chewing on it (that’s beyond “ordinary purpose”!), or that our site’s content is all up-to-date.

No Advice Warranty: Any advice or information (oral or written) obtained from Peaches N Clay, LLC or through the Site shall not create any warranty not expressly stated in these Terms. If we provide tips (like how to clean a plush or a clay figurine), those are followed at your discretion and risk.

Jurisdictional Note: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of implied warranties. If those laws apply to you, some of the disclaimers above may not apply to the extent disallowed. For instance, in the UK and EU, a seller cannot completely exclude the implied warranty of conformity of goods. So our disclaimers are intended to be as broad as lawfully possible—nothing herein is meant to limit your statutory rights (like the legal guarantee of conformity for EU consumers, or consumer rights under state laws in the US).

11. Limitation of Liability

To the maximum extent permitted by applicable law, Peaches N Clay, LLC and our owners, officers, employees, affiliates, agents, contractors, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, your purchase or use of any products, or your inability to use the Site or products. This includes, without limitation, damages for lost profits, lost revenue, lost savings, loss of data, or replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

For example, we are not liable if a plush toy purchased as a gift doesn’t arrive on time due to carrier delays and that causes you inconvenience or emotional distress. We are not liable if our Site is down and you miss a sale or opportunity. We are not liable for any allergic reaction someone might have to a product (we can provide materials info, but we cannot foresee individual allergies). And, to use a broad example, we won’t be liable for things like loss of business or goodwill if something on our site causes an issue.

Cap on Liability: In any case, our total cumulative liability to you for any claim arising out of or relating to these Terms or your use of the Site or products, regardless of the form of the action, shall not exceed the amount you have actually paid to Peaches N Clay, LLC for the product or service in question in the last 12 months preceding the event giving rise to the claim. If the claim is not related to a specific product purchase (for example, a claim arising from the site being down or some content issue), then the liability cap will be $100 (one hundred U.S. dollars). This is the maximum for which we would be collectively responsible.

Exceptions: We do not exclude or limit our liability to you to the extent it would be illegal to do so. For instance, this section does not exclude our liability for fraud, fraudulent misrepresentation, or gross negligence, or for death or personal injury resulting from our negligence, to the extent that such liability cannot be excluded by law. Additionally, some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

No Multi-Party Recovery: Any claims arising out of the Site or these Terms must be brought by the individual user on their own behalf, and not as a plaintiff or class member in any purported class or representative proceeding. (See Governing Law & Dispute Resolution below for more on this.)

12. Indemnification

You agree to indemnify, defend, and hold harmless Peaches N Clay, LLC and its officers, directors, shareholders, employees, agents, and affiliates, from and against any and all claims, demands, suits, liabilities, damages, losses, judgments, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of our Site or products; (b) any breach of these Terms or violation of any applicable law or regulation by you; (c) any content you submit to our Site (e.g., user reviews or comments that infringe someone’s rights or defame someone); or (d) your infringement of any intellectual property or privacy rights of any person.

For example, if you were to use our Site to harass another user and that user brings a claim against us because of your actions, you would indemnify us for our costs and damages. Or if you resell a product from us in a way that violates someone’s IP and they sue us, you’d cover us. Basically, if your actions cause us to be sued or investigated, you’ll step in to protect us and cover costs.

We reserve the right to handle our legal defense as we see fit (including choosing our counsel) in any third-party claim that you are indemnifying us for, and you agree to cooperate fully with us in such defense. You may not settle any such claim without our prior written consent (which we will not unreasonably withhold), as an unfavorable settlement could impact us.

This indemnification obligation will survive the termination of these Terms and your use of the Site. That means even if you delete your account or stop using our services, you could still be responsible for indemnifying us on matters related to your usage that occurred while you were bound by these Terms.

13. Governing Law and Dispute Resolution

Governing Law: These Terms and any separate agreements whereby we provide you services or sell you products shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, and the federal laws of the United States applicable therein, without regard to its conflict of law provisions. This means that the laws of North Carolina will apply to any disputes (except to the extent that certain consumer protection laws of your state/country of residence are mandatorily applicable). The U.N. Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

If you are accessing the Site from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws. Note that consumer protection laws in your country might give you certain rights and protections in addition to (or sometimes in conflict with) U.S. law. We do not seek to deprive you of those protections. For instance, if you reside in the EU, you may still have rights under EU consumer law even if we state North Carolina law governs – those rights would typically be honored as “mandatory laws” that prevail for your benefit. In legal terms, any mandatory consumer protections in your jurisdiction will apply in addition to North Carolina law.

Venue: You agree that any dispute or claim (except as noted below for injunctive relief) arising out of or relating to these Terms or your use of the Site shall be exclusively brought in the state or federal courts located in Alamance County, North Carolina (if state court) or the Middle District of North Carolina (if federal court). You and Peaches N Clay, LLC both consent to the personal jurisdiction of these courts, meaning we agree to submit to the authority of these courts and not claim it’s an inconvenient forum.

However, if you are a consumer residing outside of the U.S., you might have the right to bring an action in your home country’s courts under certain local laws – these Terms do not intend to override any such right if it is unwaivable. But our specification of North Carolina is to have clarity on governing law and typical venue.

Dispute Resolution; Informal Resolution: Before filing a formal lawsuit, we strongly encourage you to contact us to discuss and hopefully resolve any issue. We pride ourselves on customer satisfaction and will make good faith efforts to address concerns. You can reach out via our Contact Form to initiate a dialogue. Many disputes can be resolved informally through communication.

Class Action Waiver: You and Peaches N Clay, LLC agree that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Peaches N Clay, LLC is a party to the proceeding. The courts in North Carolina (or elsewhere) shall have authority to enforce this class action waiver. If for any reason this class action waiver is held unenforceable or against public policy, then any putative class action may only proceed in a court of competent jurisdiction, not in arbitration.

Jury Trial Waiver: To the extent permitted by law, both you and Peaches N Clay, LLC knowingly and voluntarily waive any right to a trial by jury in any legal proceeding arising out of or related to these Terms or our services. (This is often included to make dispute resolution simpler, but again, if local law prohibits a pre-dispute jury waiver for consumers, that might not apply to you.)

Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of proper jurisdiction if a dispute relates to intellectual property rights, unfair competition, or unauthorized access/use of the Site, because in those cases damages may not be an adequate remedy. For example, if you were to misuse our trademarks, we might seek an injunction to stop you in court without needing to go through lengthy processes.

14. Changes to Terms

We may revise or update these Terms of Service from time to time in our sole discretion. If we make material changes, we will post the updated Terms on this page with a new "Last Updated" date, and we may notify you by additional means – for example, via email (if you have an account and we have your email) or by a notice on our homepage. It is your responsibility to review these Terms periodically for any changes.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you must stop using the Site. We will typically provide advance notice of significant changes, but changes that are beneficial to users or changes made for legal reasons might take effect immediately.

For example, if a new law requires us to add certain terms or if we add a new feature (like a subscription service in future) that necessitates new terms, we will update and inform you. Minor clarifications or typo corrections might not be specifically communicated but will be reflected here.

Any changes will not affect the provision of services or products you have already purchased unless required by law (e.g., if we had to update a term for legal compliance reasons, it might retroactively apply in the sense of legal obligations, but typically your purchases are governed by the Terms in effect at the time of purchase).

15. Miscellaneous

Entire Agreement: These Terms of Service (along with any other policies like our Privacy Policy and, if applicable, specific product terms or promotion terms) constitute the entire agreement between you and Peaches N Clay, LLC regarding your use of the Site and purchase of products. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us regarding the subject matter. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party (i.e., just because we wrote them doesn’t mean they will be interpreted in our favor automatically).

Severability: If any provision of these Terms is found 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. Such determination shall not affect the validity and enforceability of any other remaining provisions. In other words, if one part is invalid, the rest still stands.

No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If we don’t immediately act on a violation by you, it doesn’t mean we are giving up any rights to enforce these Terms in the future or in any other situation. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Peaches N Clay, LLC.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to others (for example, if we undergo a business transfer as mentioned, or even to an affiliate or in connection with a corporate restructuring) without your consent. These Terms will inure to the benefit of and be binding upon each party’s successors and permitted assigns.

Third-Party Beneficiaries: These Terms do not confer any rights or remedies on any third parties, except our affiliates, officers, etc., where stated. For example, the limitation of liability and indemnification protections extend to our employees and agents as well, even though they are not individually signing this contract.

Relationship of Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, employment, or agency relationship between you and Peaches N Clay, LLC. We are independent contracting parties. You have no authority to make or accept any offers or representations on our behalf. You agree not to hold yourself out as our representative.

Notices: We may provide you with notices by email, postal mail, notifications on our Site, or other means we reasonably believe will reach you. If you need to give us notice, please do so via the contact information provided in the Privacy Policy (for general matters) or any specific instructions within these Terms (for example, for legal notices, maybe an email to a designated legal address).

Headings: The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. They are there to help organize the content for readability (for instance, "Governing Law and Dispute Resolution" is a heading), but they don’t have legal effect by themselves.

Force Majeure: We will not be liable for any delay or failure in performance of any part of the Site or sales due to causes beyond our control. This includes, but is not limited to, acts of God, war, terrorism, civil unrest, pandemic, government restrictions, strikes, supply chain disruptions, power outages, internet or communication failures, or other events of force majeure. If such events occur that affect our ability to fulfill orders or keep the Site running, we will make reasonable efforts to inform users and resume service as soon as possible.

Contact Information: Questions about these Terms of Service should be sent to us via our Contact Form.

By using our Site or purchasing our products, you acknowledge that you have read and agree to these Terms of Service. We thank you for your business and trust, and we hope you enjoy our products (whether they are the lovable Jellycat plushies or our charming clay creations)! Your satisfaction and safety are our top priorities, and we aim to deliver a great experience under these fair terms.

Thank you for choosing Peaches N Clay, LLC. If you have any questions or need further clarification on any of the above, please do not hesitate to reach out to us. We are here to help.

🍑FREE SHIPPING ON ALL US ORDERS OVER $100🍑