Legal Notice

Last updated on July 28, 2021.

Welcome to woolandclay.co (this “website” or “site”), a website owned and operated by Wool + Clay, LLC (“Wool+Clay,” “we,” or “us”). These terms of use and the privacy policy apply to all visitors, users, and others who access this website (“users” and/or “you”). These terms of use explain the terms by which you may use our website and our services. By accessing or using the website, you signify that you have read, understood, and agree to be bound by these terms of use (“terms of use”), whether or not you have registered to create an account [https://woolandclay.co/account/login]. These terms of use and our privacy policy [https://woolandclay.co/pages/privacy-policy] create the terms of your and our agreement whenever you use this website, and when you choose to purchase products through this website.

Please read these terms of use carefully before you start to use this website. By accessing or using this website and/or purchasing products through our website, you agree to be bound and abide by these terms of use and our privacy policy found at https://woolandclay.co/pages/privacy-policy. If you do not agree to these terms of use or the privacy policy, you must not access or use this site.

If you are not at least 13 years old, do not use this website. If you are between the ages of 13 and 18, we assume that if you are using this site or purchasing products through this site that you have the permission of a parent or guardian to do so and if you do not then do not use this site or purchase products on this site.

Changes and updates. We reserve the right to amend these terms of use and privacy policy at any time and without prior notice. If we do this, we will post the amended terms of use and/or privacy policy and indicate at the top of the terms of use or the privacy policy, as the case may be, the date such was last revised. Your continued use of this website after any such changes are made means you acceptance of the new terms of use and privacy policy. If you do not agree to any changes or additions to these terms of use, do not continue to use or access this site.

Accessing this website and account security. We reserve the right to withdraw or amend any material we provide on this website in our sole discretion. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users, including any registered users.

If you register for an account, you will be asked to provide to us certain personal information at the point of collection and to create a password (see our privacy policy for more information) if you think someone else has compromised your account or taken your password without permission, please alert us immediately at [connect@woolandclay.co]. If we think you or someone else is using this website or your account in a way not allowed by these terms of use, we have the right to disable your account or other credentials you set up at any time.

Use of your account. You are responsible for all activity on the site from your account or that use your credentials. You are responsible and liable for any security breaches that occur with respect to the website through your account.

Use of our website. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or any other tool or malicious code that would disrupt our website or try to compromise other users and other accounts. This site does not allow users to post content.

You agree that you will not use any means with respect to the website including any automatic or electronic means, to obtain or access any information, data or materials provided by any other users.

Shopping

Shopping carts. When you shop on our site, you can use a shopping cart to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your choices, your shipping address, how you are paying for your items, and the sizes you need.

Check out. When you check out, the data is transmitted to our third party payment processing company (at present, we use Shopify). Shopify stores your payment information on our behalf. If you use other means of payment (such as Apple Pay), you will be entering your information into those third parties’ sites, and you should review those providers’ terms of use and privacy policies.

Back order. If any item you select is on back order, we will send you updates to let you know when it will be available. This notice will be sent to the email you give us when you are getting ready to check out.

Pricing and product errors/corrections. We endeavor to present current, accurate, and reliable information regarding our products. However, on occasion, this site may contain typographical errors, inaccuracies, or omissions that may be with regard to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update product information at any time without prior notice. If a product is listed at an incorrect price due to an error on this site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your method of payment charged. If your method of payment has already been charged for the purchase and your order is then cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.

Not for resale. You are expressly prohibited from using this site to purchase any product for purposes of resale by you or any other person, and we expressly disclaim all warranty for claims for damages or otherwise, including all indirect or consequential damages resulting from your intent to, attempt to, or actual resell any product purchased from the website.

Problems. If there is problem with the information you give us when you check out, we will try to reach you through the contact information you provided.

Fraud. If there is any concern about fraud or credit, we will let you know if we are allowed by law. We may be required by law to first report the problem to law enforcement officials. We use a third party vendor to detect fraud.

Your money. When you check out, and put in your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account or your payment.

Cancelling or returning products. Please see our return and cancellation policy by clicking here: [https://woolandclay.co/pages/shipping-and-returns]

Prices and taxes. We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of check out. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

Shipping choices and costs. When you check out, you will select your means and timing of shipment. If you do not live in the United States, where we are based, you may also have to pay import duties that will be reflected in your final order summary.

Proprietary rights. This website and its entire contents, our products, and the photographs of our models and our products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio and the design, selection, and arrangement thereof) (collectively and individually, the “materials”) are owned by Wool+Clay, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wool+Clay materials. Use of the Wool+Clay materials for any purpose not expressly permitted by these terms of use is strictly prohibited.

You may choose to submit to us comments or suggestions about the site and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.

Security. We have implemented reasonable technical, security and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. For more information, see our privacy policy [https://woolandclay.co/pages/privacy-policy]. Notwithstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission. It is your choice whether or not to provide information to us through this website.

Third-party service provider. When you proceed to checkout, your information will be transmitted to our third party payment processor (at present, Shopify). We also have a third party that monitors our ecommerce transactions to detect fraud. See our privacy policy for more information about our third party providers [https://woolandclay.co/pages/privacy-policy].

Third party sites. If you link to another website from this website for any other goods or services, or if you come to this site from a third party site, you understand that these terms of use and the privacy policy do not apply to your use of those other sites. You expressly relieve Wool+Clay from any and all liability arising from your use of any third-party website or services.

Indemnity. To the fullest extent allowed by law, you agree to defend, indemnify and hold harmless Wool+Clay and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs. Debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these terms of use, including without limitation; (iii) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights or any contractual or proprietary rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or data that are submitted via your account; or (vi) any other party’s access and use of the website with your unique username, password or other appropriate security code.

Disclaimers and limitation of liability. This website is provided on an “as is” and “as available” basis. Except as expressly stated herein, the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Wool+Clay, its subsidiaries, and its licensors do not warrant that the content on this website is accurate, reliable or correct; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components.

To the fullest extent permitted by applicable law, in no event shall Wool+Clay, its affiliates and their officers, directors, members, managers, employees or its licensors, vendors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that arise from or relate to the terms of use, this website or that result from the use of, or inability to use, the website.

To the maximum extent permitted by applicable law, under no circumstances will Wool+Clay be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the site or your account or the information contained therein.

To the maximum extent permitted by applicable law, Wool+Clay and its affiliates and their officers, directors, members, managers and employees have no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content, materials, data or information; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site; (iii) any unauthorized access to or use of this website and/or any and all personal information stored therein; (iv) any bugs, viruses, trojan horses, malicious code or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content, information or data or for any loss or damage incurred as a result of the use of any content, data or information posted, uploaded, emailed, transmitted, or otherwise made available through the site; and/or (vii) the defamatory, offensive, or illegal conduct of any third party.In no event shall fear of god and its affiliates and their officers, directors, employees, members, managers or our licensors, suppliers or vendors be liable to any user in the aggregate for any and all claims, proceedings, liabilities, obligations, damages, losses or costs arising out of or relating to the terms of use, the products or this website in an amount exceeding the amount, if any, that such user has paid to Wool+Clay for the products purchased through this site giving rise to the claim.

These limitations of liability apply whether the claim or alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Wool+Clay has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law.

Governing law. These terms of use shall be governed by the internal substantive laws of the state of Florida without respect to its conflict of laws principles.

Arbitration; no class action. To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. This includes all disputes regarding any current, past of future purchase or event, between you and us regarding our products, this agreement or this website, and whether the claims is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis. We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms of use, the privacy policy or the formation of this agreement, including the arbitrability of any dispute and any claim that all or any part of this agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury.

If you or we have a dispute with the other or this website or our agreement, notice must first be sent to the other party, including:

Name, address, and contact information of the party giving the notice.
The facts that are the basis of the dispute.
The remedy sought (e.g. a refund).

For notices to us regarding a dispute, they must be emailed to: connect@woolandclay.co with a copy mailed to Wool+Clay, LLC, attn: Legal Department/CFO, 777 Brickell Ave #500-97351, Miami, Florida 33131.

If we have a claim against you, we will notify you by the contact information you have provided to us.

We and you will then use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in St. Petersburg, Florida, or if you and we agree remotely.

Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Notification procedures. Other than for disputes, Wool+Clay may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Wool+Clay in our sole discretion. Wool+Clay reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these terms of use and our privacy policy.

Entire agreement; severability; no waiver. These terms of use, the privacy policy and your agreement to pay for the products you buy through this website create the entire agreement with respect to your use of this website and the products you buy from us. If any provision of these terms of use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. No waiver of any term of these terms of use shall be deemed a further or continuing waiver of such term or any other term, and Wool+Clay’s failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

Your comments and concerns. This web site is owned and managed by Wool+Clay. All feedback, comments, requests for technical support and other communications relating to this website or our products can be sent to us at: connect@woolandclay.co.

Last modified July 28, 2021.

Click here to get a printable version here

Introduction

This policy describes the types of information Wool+Clay ("Company" or "We") may collect from you or that you may provide when you visit the website www.woolandclay.co (our "Website" or “site”) and our practices for collecting, using, maintaining, protecting, processing, and disclosing that information. By accessing or using this site, you agree to this privacy policy.

Changes and updates: our privacy policy may have changed since your last visit. You should review our privacy policy and terms of use each time you visit our site. Each time you use our site you have agreed to the current privacy policy and latest terms of use posted on our site.

This policy applies to information we collect:

On this site;
When you purchase products through this site;
In email and other electronic messages between you and this website;
When you sign up for our newsletters;
When you choose to register and create an account with us; and/orWhen you interact with our advertising on third-party websites (for example, Facebook, Linkedin, Twitter and other social media sites and third party sites that may advertise our products and which may include a link to this site).

It does not apply to information collected by:

By us offline or through any other means, including on any other website operated by company or any third party (including our affiliates and subsidiaries); or,

Any third party (including our affiliates and subsidiaries), except as expressly stated in this privacy policy.

Children

If you are not at least 13 years old please do not use this site.

 If you are in certain countries in the EU, even if you are at least 13, but not yet 16, you may need your parent’s or guardian’s approval. Check here to confirm what your EU member state requires:

https://edpb.Europa.Eu/about-edpb/board/members_lv

Only if required by law will we ask for your actual date of birth and except as required by law, you are not obligated to provide this information. If you are under 18 you need your parent or guardian to consent to register an account with us.

Parent/guardian right of access: your parent and/or your legal guardian has the right to ask about the information we have collected about you. We will ask that person making the request to verify that they are in fact your parent or legal guardian before we provide them your information. We will also collect the contact information for the person requesting this information so we can respond to the request.

For more information about children’s online privacy, please visit (for children in the U.S.), the federal trade commission’s resource page: https://www.Consumer.Ftc.Gov/articles/0031-protecting-your-childs-privacy-online.

We do not knowingly collect information about children under that age of 13. If a parent or legal guardian believes that we have been provided with information about their child under the age of 13, please contact us at: connect@woolandclay.co.

Information collected when you visit or purchase from this site:

Categories of information and sources of that information

Category / Examples / Source:

Identifiers and other personal information / Name, alias, mailing address, IP address, email address, account name, password, phone number, signature, credit card or other payment information (payment information is stored only by our payment processor and our third party fraud detection service provider) / You when you visit, create an account or make a purchase; or the person that sent you a gift from our site.

Other personal information / Phone number, signature, credit card or other payment information (payment information is stored only by our payment processor and our third party fraud detection service provider) / You or the person that sent you a gift from this site.

Internet and other network activity / Browsing history, browser type, ip address, device used to connect to this site, search history, your interaction with the website, including dates and times, which advertisements you clicked on, the site you may have used to link here . Automated technology such as cookies, google analytics and web beacons.

Your consent, selections and elections / Your opt-out selections regarding advertising and your opt-in and opt-out regarding newsletters / You.


See also our section for Florida and EU residents regarding information collected and retained when you exercise certain rights.


Gifts: if you are purchasing a gift for someone, and you give us that person’s information for shipping, we are relying on you to make sure you have the right (and consent if needed) to provide to us the recipient’s information.

Third party service providers and your purchasing/return activities:

We do not collect or store your credit card number, your gift card information or your debit card information (or other payment method). We use third party providers to do this for us. At present, we use Shopify to process payments for us. We also use third party providers to prevent fraud in our transactions. If you use a particular source of funds (for example your Apple Pay or Paypal account), those sites and applications will collect your transaction information. These are accounts you created, and you should review the terms of use and privacy policies of those providers that you choose. When you: proceed to check out, or ask us to credit a return, your transaction information, including your name, password, email or other points of contact, and payment information is stored by our third party provider(s). You can check out as a “guest” without creating an account. Our service providers that process payments and monitor and detect fraud have certified that they are PCI (payment card industry) compliant, and they have contractually committed to maintain your information in accordance with applicable laws (for example, CCPA and GDPR).

These third party providers are not authorized by us to use the information you provide for your purchases, credits, returns, and account information except to help us do our business with you, or as required by law (for example, to confirm there is no fraudulent transaction). These providers have also committed to cooperate with us when you exercise certain choices (for example, of you want to be forgotten if you are in the EU or Florida).

Cookies, beacons and other automated data collection technologies; do not track signals:

Some web browsers may transmit "Do not track" signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites and online services should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy accordingly.

Types of automated technology and your options:

Cookies (or browser cookies). A cookie is a small text file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website.

Web beacons. Pages of our website, our e-mails, and services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the company, for example, to count users who have visited those pages or opened an email and to gather other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

Google Analytics: we may use a tool called “Google Analytics” to collect information about use of the site. Google Analytics collects information such as how often users visit our site, what pages they visit when they do so, and what other sites they used prior to coming to our website. We use the information we get from Google Analytics only to improve our site. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site. Google’s ability to use and share information collected by Google Analytics about your visits to our website is restricted by the Google Analytics terms of use and the google privacy policy. More information on Google Analytics can be found here google.com/policies/privacy/partners. If you would like to opt-out of having your data used by these cookies, please use the google analytics opt-out available here: https://tools.Google.Com/dlpage/gaoptout/.


How we use information collected

How we use information collected by automated technology:

We use information collected to improve our website and to deliver a better and more personalized service, thereby enabling us to:

Estimate our audience size and usage patterns;
Send you advertisements;
Help you navigate through the site;
Store information about your preferences; and
Recognize you when you return to our website.

Uses of other information we collect and/or you provide:

We use information that we collect about you or that you provide to us, including any personal information:

To fulfill orders, returns, answer your questions, notify you about order status;
To create and maintain your account with us when you choose to create one;
To detect and prevent fraud;
To send you advertisements;
To send you newsletters when you opt-in to receive them;
To provide you with information, products, or services that you request from us;
To help maintain the safety, security, and integrity of our website, our databases and other technology assets, and business;
To carry out our obligations and enforce our rights arising from any purchase and/or other transactions between you and us, including for billing and collection;
To notify you about changes to our website or our products;
For testing, and improving our website;
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
In any other way we may describe when you choose to provide the information on this site; and
For any other purpose with your consent.

We do not sell your information: we do not sell you personally-identifiable information to third parties.

Aggregated, anonymous information: we may disclose aggregated information about our users, and information that does not identify any individual, without restriction. This information either never included you by your personal information, or your personally identifying information has been stripped (anonymized).

How long we keep your information: we retain your information for only as long as we need it for the purposes described in this privacy policy, for our own administration and internal business purposes, and for any periods that are mandated by law.

Depending on where you are, you may have the right to request that we erase or “forget” you. (see our EU and Florida information below)

Correction of information; requests to erase

If you are asking about information as to yourself, to correct your information, or to tell us to forget you (or “erase you”) (see information for Florida and EU below), we will ask you to verify you are who you say you are before we process the request. We will also collect your contact information to respond to the request. We keep a record of these requests, who made the request, how and when we responded, and what information we provided.

Some states and countries have special categories of information, which may be referred to as “sensitive” information or “protected health information”. We do not collect any “sensitive” information (e.g. as to your religion, health, etc.).

Choices and opting in or out: We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information.

Our online advertising: You can opt out of receiving advertising from us by clicking here and we will process your request. Also some platforms we use to provide advertising to you may allow you to “opt out” of receiving any more advertising from us through such platform.

Newsletters: we may send you newsletters about our products if you opt-in to receiving them. Every newsletter we send to you will allow you at any time to “opt out” of receiving any more newsletters from us. You can also opt out by clicking here and we will process your request.

Continued communication after you opt-out: we may still send you correspondence about, for example, a purchase you made, or to verify who you are before we honor a request to “forget you”, to enforce our rights, and to alert you of any suspected or actual fraud or problem, whether with your payment, our site or otherwise.

Accessing and correcting your information: If you think the information we have about you is incorrect, or if it needs to be updated (for example, you have moved and have a new shipping address), we will help you do this by clicking here or when you go into your registered account but we may ask you to first verify who you are before we let you make the changes (and in some cases, we by law have to verify your identity for certain requests, as we explain for children, Florida residents and EU residents).

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect.

Passwords for any users who create an account: If you register to create an account on this site, you will be asked to create a password. To best protect yourself, use unique passwords for unique accounts (do not use the same password for your Wool+Clay account as you do (e.g.) for your bank account or gmail account). Do not share your password with someone else. If you think your password or account was compromised let us know at connect@woolandclay.co.

Third parties to which your information is disclosed: We may disclose personal information that we collect or that you provide as described in this privacy policy:

To our subsidiaries and affiliates;
To contractors, service providers, and other third parties we use to support our business as described in this policy (for example, to process payments and to detect fraud)

Onward transfers: to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the company about our website users or customers is among the assets transferred;
To those parties you ask us to (see the Florida and EU resident sections below); and
Other parties with your consent.


We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
To enforce or apply our terms of use, available at https://woolandclay.co/pages/terms-of-use ; and
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our business, our users or customers, or others.

Changes to our privacy policy: It is our policy to post any changes we make to our privacy policy on this page.

Contact: When contacting us, please indicate in which country you reside.

Contact information: To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Wool+Clay, LLC 777 Brickell Ave #500-97351, Miami, Florida 33131

Or via email: connect@woolandclay.co

Or via our toll-free number: 1-877-792-1680

Wool+Clay is committed to offering a website that is accessible to the widest possible audience in compliance with ADA standards. We believe that visitors should be able to easily access our website. We have used reasonable efforts to have all our pages be accessible to screen readers, magnifiers, voice recognition software, and video captioning solutions. Our goal is to provide an enjoyable, dignified and satisfying experience each time our site is visited. If you are unable to access any element of our site or are having difficulty during your experience, we are more than happy to assist you during standard business hours. Please email connect@woolandclay.co and we will guide you through your visit in a method best suited to your needs consistent with applicable law.