Terms and Conditions
Cromwell’s Corner, a California corporation D/B/A Tree and the Rock and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at www.treeandtherock.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Tree and the Rock service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
All sales are final. Items purchased through this website cannot be exchanged or returned.
Occasionally, due to unforeseen technical errors in the website, items may be oversold. In the event your order is affected by such an error, your account will be promptly refunded for the item no longer in stock and you will be notified via the email address provided at checkout
If the artwork purchased is displayed in one of our in-store events (pop-up gallery), the artwork will be shipped out after the show has ended.
For orders within the United States please allow 2 to 3 weeks for delivery. The shipment will be insured with signature required. Please enter a shipping address where you will be available to accept the package. Shipping and handling charges will apply. After three unsuccessful attempts to deliver, packages will be returned to sender. We will not refund shipping charges in this situation and additional charges will need to be paid by the customer to re-ship the package.
International Shipping: First Class International – Please allow 3 to 4 weeks for delivery. First Class International Shipping cannot be insured. Therefore there will be no refunds or replacements for packages that are damaged or lost if this shipping option is chosen. If you would like your packaged insured, please choose the Priority Mail International option. If you would like to change your shipping option after the order has been placed, please email us at email@example.com. Shipping and handling charges will apply. After three unsuccessful attempts to deliver, packages will be returned to sender. We will not refund shipping charges in this situation and additional charges will need to be paid by the customer to re-ship the package.
International Shipping: Priority Mail International – Please allow 3 to 4 weeks for delivery. Priority Mail International is insured. Shipping and handling charges will apply. After three unsuccessful attempts to deliver, packages will be returned to sender. We will not refund shipping charges in this situation and additional charges will need to be paid by the customer to re-ship the package.
If ordering more than one item, it is possible that they will arrive in separate packages.
If you have any questions about your order please contact us at firstname.lastname@example.org.
Please review our Privacy Notice, which also governs your visit to www.treeandtherock.com, to understand our practices.
When you visit www.treeandtherock.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tree and the Rock or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tree and the Rock and protected by U.S. and international copyright laws. All software used on this site is the property of Tree and the Rock or its software suppliers and protected by United States and international copyright laws.
Tree and the Rock and other www.treeandtherock.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Tree and the Rock in the U.S. and/or other countries. Tree and the Rock trademarks and trade dress may not be used in connection with any product or service that is not Tree and the Rock’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tree and the Rock. All other trademarks not owned by Tree and the Rock that appear on this site are the property of their respective owners, (“Artist”) who may or may not be affiliated with, connected to, or sponsored by Tree and the Rock.
LICENSE AND SITE ACCESS
Tree and the Rock grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tree and the Rock. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tree and the Rock. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tree and the Rock without express written consent. You may not use any meta tags or any other "hidden text" utilizing Tree and the Rock’s name or trademarks without the express written consent of Tree and the Rock. Any unauthorized use terminates the permission or license granted by Tree and the Rock. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.treeandtherock.com so long as the link does not portray Tree and the Rock, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tree and the Rock logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tree and the Rock does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use www.treeandtherock.com only with involvement of a parent or guardian. Tree and the Rock reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tree and the Rock reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tree and the Rock a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tree and the Rock and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tree and the Rock for all claims resulting from content you supply. Tree and the Rock has the right but not the obligation to monitor and edit or remove any activity or content. Tree and the Rock takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Tree and the Rock are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Tree and the Rock attempts to be as accurate as possible. However, Tree and the Rock does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Tree and the Rock itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Tree and the Rock, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TREE AND THE ROCK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TREE AND THE ROCK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TREE AND THE ROCK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TREE AND THE ROCK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM TREE AND THE ROCK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TREE AND THE ROCK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting www.treeandtherock.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tree and the Rock.
Any dispute relating in any way to your visit to www.treeandtherock.com or to products or services sold or distributed by Tree and the Rock or through www.treeandtherock.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500.00 shall be adjudicated in any state or federal court in Marin County, California, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to www.treeandtherock.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Tree and the Rock
27 Redwood Avenue
Larkspur, CA 94939