Terms of service

Website Terms & Conditions

Last Updated: August 26, 2025

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PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING OUR WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, WHICH WILL BE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND QUTAHIA JEWELRY CO LLC, THE OWNER OF QUTAHIA JEWELRY.

1. Parties and Effective Date

This agreement (“Agreement”) is between Qutahia Jewelry Co LLC, the owner of Qutahia Jewelry (“Qutahia Jewelry” or “we”), and you as a user of the Qutahia Jewelry site and services (“User” or “you”). Your use of the Qutahia Jewelry website, located at the following domains (collectively, the “Site”), will at all times be governed by this Agreement and our Privacy Policy (collectively, the “Terms and Conditions”):

This version of the Agreement was implemented and became effective on November 13, 2025 (“Effective Date”). It applies from the later of that date and the date on which you accepted it through the Site.

2. Purpose of Qutahia Jewelry

Qutahia Jewelry is a direct-to-consumer online store specializing in the creation and sale of custom and handmade jewelry. Through our Site, you may submit requests for custom goods or services, or order items directly. Our purpose is to provide high-quality, genuinely made custom jewelry to customers in the US market.

Prior to your placing an order, Qutahia Jewelry shall have the right to reject any order for any reason.

3. Eligibility to use the Site

The Site is available only to legal entities or persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you are a person who agrees to this Agreement on behalf of a company or other legal entity, the terms “User,” “you,” and “your” refer both to you personally and the entity on whose behalf you agree. Furthermore, you personally represent and warrant that you have the authority to bind that entity to this Agreement.

Qutahia Jewelry shall at all times have the right, in its sole discretion, to suspend or cancel a User’s account or access to the Site, or to otherwise preclude a User from using the Site or the Qutahia Jewelry services, for any reason or no reason. If your account is suspended, restricted, or cancelled, you may not continue to use the Qutahia Jewelry service or Site under a different or new account.

4. Our Role

You agree that when you place an order on our Site, you are entering into a binding legal agreement with Qutahia Jewelry. We are the sole party to this agreement. You understand and agree that Qutahia Jewelry is the merchant of record for all transactions through the Site. We deliver all goods and services and make representations regarding the quality of our products.

5. Limited License and Restrictions on Use

All content included in the Site, including but not limited to text, graphics, video, interfaces, logos, button icons, images, data compilations, software, and the compilation thereof is the property of Qutahia Jewelry or its content and software suppliers and is protected by United States and international laws. Unauthorized use of such intellectual property or information, or the Site, is prohibited. Except as expressly provided herein, Qutahia Jewelry does not grant any express or implied right or license of any kind to you concerning any patents, copyrights, trademarks, trade secrets, or other intellectual property rights.

Qutahia Jewelry grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download and print the pages within the Site solely for your personal, informational, and noncommercial use. Individual pages and sections of the Site may be printed for personal or internal use only, provided that such print outs retain all applicable copyright or other proprietary notices. Qutahia Jewelry reserves all rights not expressly granted in this Agreement.

  • Except as otherwise stated in this Agreement, you may not:
  • loan, share, publish, republish, copy, reproduce, disclose, transmit, display, sell, license, lease or distribute any portion of the Site or any data thereon to any third-party, or use the Site as a basis for a directory or database prepared for commercial sale, commercial use, or distribution;
  • remove any copyright, watermark, trademark or other proprietary notices contained in the Site;
  • disassemble, decode, decompile or otherwise reverse engineer any software used in providing, accessing, storing, serving, or viewing the Site (the “Software”);
  • access, download, transfer or manipulate data or databases comprising the Site or any portion of it using protocols or interfaces other than those provided by Qutahia Jewelry as part of the Site;
  • hire any type of crowd-sourced or outsourced labor to use the Site in any way;
  • use any automated method of contacting other users through the Site;
  • contact other users for the purpose of promoting or soliciting any goods or services;
  • have access to or make any use of the source code for the Site;
  • take any action inconsistent with Qutahia Jewelry’s ownership of and rights in the Site and the Software; or
  • violate any law or regulations concerning data protection.

In addition, you agree:

  • not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
  • not to disrupt or interfere with any User’s permitted enjoyment of the Site or affiliated or linked websites;
  • not to upload, post or otherwise transmit through or on the Site any viruses, spam, malware, or other harmful, disruptive or destructive files or materials;
  • not to use, frame or use framing techniques to enclose any Qutahia Jewelry trademark, logo, content or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a webpage);
  • not to use meta tags or any other “hidden text” using a Qutahia Jewelry name, trademark, or product name;
  • not to create or use a false identity on the Site;
  • not to collect or store personal data about others obtained through the Site without their consent; not to attempt to obtain unauthorized access to portions of the Site that are restricted from general access;
  • not to take any action that will or could impose an unreasonably or disproportionately large load on the Site or Qutahia Jewelry’s other infrastructure;
  • not to post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise in violation of any applicable domestic or foreign law;
  • not to post any material in violation of another’s intellectual property rights;
  • not to take any action that may undermine any feedback or rating systems;
  • to comply with all applicable laws that relate to your use of or activities on or in relation to the Site including but not limited to United States export restrictions.

Qutahia Jewelry may terminate your account if you infringe the copyright or other intellectual property rights of others.

Qutahia Jewelry has not granted you a license to use information or Qutahia Jewelry intellectual property for unsolicited commercial messages. Without limiting the foregoing, without express consent from the other User, you are not licensed to use any other User’s email or physical mailing address.

6. General User Performance

Qutahia Jewelry expects a consistent and high level of courtesy, respect and professionalism from all of its Users toward each other.

When you place an order on the Site, you agree and intend that by doing so, you are entering into a binding agreement directly with Qutahia Jewelry, which you will honor.

You shall not place any order with terms that would cause you to violate any of the provisions of this Agreement.

You agree to promptly deliver payment to Qutahia Jewelry in accordance with the terms of your order.

You agree to use good judgment when posting information, comments, feedback or other content regarding Qutahia Jewelry or any third party anywhere within the Site. User may be held legally responsible for damages suffered by other Users, Qutahia Jewelry or any third party as a result of legally actionable or defamatory comments, remarks or other information or content posted to the Site.

You shall not post to the Site or include in any communications, information that is libelous, defamatory, obscene, abusive, pornographic, threatening, inaccurate, or an invasion of privacy; an infringement of another’s intellectual property rights, including, but not limited to, copyrights and trademarks; illegal in any way or that advocates illegal activity under any applicable law; an advertisement or solicitation of funds, goods, or services, other than for the purpose of conducting business with Qutahia Jewelry; an impersonation of another; or personal information of another, including but not limited to personal phone numbers, account numbers, personal addresses, or employer references.

You agree that Qutahia Jewelry is not and shall not be legally responsible for any remarks, information, or other content posted or made available on the Site by any other User or third party, even if such information or content is defamatory or otherwise legally actionable. Qutahia Jewelry is not responsible for and does not monitor or censor content for accuracy. Qutahia Jewelry reserves the right, however, to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court, if Qutahia Jewelry considers such information or content to be inappropriate, or for any other reason, in its sole discretion.

All identity information associated with you and your account on the Site must be real and verifiable. You shall at all times ensure that the information associated with your account is accurate and updated. Qutahia Jewelry may validate User information at any time. You shall reasonably cooperate with any such verification efforts, including but not limited to providing to Qutahia Jewelry upon request government or legal documents that confirm your identity.

You are solely responsible for ensuring and maintaining the secrecy and security of your account information and password. You agree not to disclose your password to, or allow the use of your account by, any third party. You agree that you shall be solely responsible for any use of your account or your password, whether or not you authorize such use.

You authorize Qutahia Jewelry to run credit card authorizations on any credit cards provided by you. You may terminate Qutahia Jewelry membership and disable your account at any time. You shall, however, remain bound by the terms of this Agreement even if you disable your account.

7. Communications with Us

All written communications relating to orders, transactions, or potential transactions with Qutahia Jewelry must be conducted through the Site or via our official communication channels, including our email address: admin@qutahia.com. All such communications must be in English and may not contain any requests to circumvent the Site.

8. Placing an Order

Orders must be of a professional nature and accurately describe the good or service requested. They should be free of offensive language or advertisements for other products or services. Orders may not request any good or service that is illegal or the provision of which would infringe upon any third party’s intellectual property or other rights.

9. Shipping & Returns

We offer free shipping on all orders to the United States. We use express shipping companies like UPS or DHL to ensure timely and secure delivery. Standard shipping times are typically 7-10 business days, though handling time for custom-made jewelry is separate and will be communicated to you at the time of your order. Once the product is shipped, we will provide you with a tracking number.

Due to the custom nature of our products, returns are not accepted unless there is damage to the product caused by a production-related issue. To request a review of a damaged item, you must contact us at admin@qutahia.com within 15 days of receiving your order. We will evaluate the case to determine if the damage is due to production error. If approved, we will work with you on a resolution.

10. Warranty

Our products are made from high-quality and genuine materials, primarily 14K solid gold or 925 sterling silver. We offer a one-year warranty that covers problems related to the production of the jewelry. The warranty does not cover issues resulting from misuse by the customer, such as damage from accidental drops, improper cleaning, or normal wear and tear.

11. Payments

You agree that for all products and services you purchase, all payments are to be made and accepted only through a payment mechanism provided or approved by Qutahia Jewelry (“Approved Payment Mechanism”). You shall, at your own expense, take all steps necessary to enable you to make payments through at least one Approved Payment Mechanism.

All pricing and payments are in U.S. Dollars.

12. Failure to Pay

If you fail to pay any amounts when due, you shall be responsible for all amounts due, plus any applicable processing fees, charges or penalties, collection costs (including but not limited to attorneys’ fees), and interest on the unpaid amount at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law. In its discretion, and without limiting its other available remedies, Qutahia Jewelry may setoff amounts due from you against amounts received from or held for you.

13. Feedback and Reputation Management

Qutahia Jewelry provides its feedback and reputation management system as a service to our Users. We do not monitor or censor these statements, or investigate any remarks posted by Users for accuracy. You acknowledge and agree that the Site may contain publicly available comments and feedback about you from other Users with whom you have transacted or interacted through and in connection with the Site. You acknowledge that feedback results for you may consist of comments and ratings left by other Users that are or that you perceive as negative. You also acknowledge and agree that Qutahia Jewelry may (but shall have no obligation to) calculate composite feedback numbers, scores, or other ratings based on User feedback. You acknowledge and agree that in no event shall Qutahia Jewelry be responsible or liable for, and you release Qutahia Jewelry and hold Qutahia Jewelry harmless from, any claims that you might have as a result of any other User’s comments or feedback about you, or any scores, numbers, ratings or other data or information derived from User comments or feedback, even if that information is defamatory or otherwise legally actionable.

You understand and agree that you may be held legally responsible to other Users, Qutahia Jewelry, or third parties as a result of comments or feedback that you submit to the Site. Any effort to falsify feedback, or to manipulate or coerce another User by threatening negative feedback or offering to sell or buy goods or services in exchange for feedback is in violation of this Agreement, and may expose you to liability.

Qutahia Jewelry shall at all times have the right, in its sole discretion, to maintain, modify, or delete statements, feedback, comments, or ratings, although shall have no obligation to do so.

14. Resolution of a Dispute

If you have an issue with a product, we recommend contacting us directly at **admin@qutahia.com** to inform us of your issue. We are committed to working with you to get issues resolved quickly.

If you believe you have a civil claim for damages against Qutahia Jewelry, you should pursue that claim through the judicial system.

15. Release

You agree that by entering into this Agreement, you, for yourself and your predecessors, successors, and assigns (together, the “User Releasors”), release and forever discharge Qutahia Jewelry and its predecessors, successors, assigns, agents, officers, directors, employees subsidiaries, parents, affiliates, attorneys, contractors, and suppliers (together, the “Qutahia Jewelry Releasees”) from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether now known or unknown, liquidated or unliquidated, that any of the User Releasors has, may have, has asserted, or could have asserted, of any nature and relating to any subject, excluding the right of User to enforce this Agreement according to its terms.

In addition, you agree that each time you log into or use the Site, you thereby reaffirm and restate the releases in the previous paragraph, such that you are, upon each log in or use, on behalf of the User Releasors, releasing and forever discharging the Qutahia Jewelry Releasees from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether known or unknown, liquidated or unliquidated, that any of the User Releasors has, may have, has asserted, or could have asserted, of any nature and relating to any subject, through the date of such log in or use, excluding the right of User to enforce this Agreement according to its terms.

16. User Conduct and Content

You agree to be solely responsible for your conduct and activities on and regarding the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you submit, post, or display on or in connection with the Site (together, “Content”). You will not: (i) post false, inaccurate, misleading, obscene, or defamatory content; (ii) falsely state or otherwise misrepresent your affiliation with any person or entity, through for example, the use of similar email addresses or names, or the creation of false account(s); (iii) infringe upon or misappropriate any person’s or entity’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iv) transmit any code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) modify, adapt or hack the Site or falsely imply that any other website is associated with Qutahia Jewelry; or (vi) purport to create any liability for Qutahia Jewelry to any third party or cause Qutahia Jewelry to lose (in whole or in part) the services of Qutahia Jewelry’s ISPs or other suppliers.

17. License to Qutahia Jewelry

Qutahia Jewelry does not claim any ownership rights in your Content. When you post Content to the Site, you grant Qutahia Jewelry a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to exercise any and all copyright, trademark, other intellectual property, publicity, and database rights that you have in the Content, in any media known now or in the future. You agree to allow Qutahia Jewelry to store or re-format the Content on the Site and display the Content in any way Qutahia Jewelry chooses in its sole discretion. You agree to allow Qutahia Jewelry to use the Content in advertising and marketing, and to display the Content on other websites in connection with Qutahia Jewelry’s activities on the other websites. Qutahia Jewelry will use personal information only in accordance with Qutahia Jewelry’s Privacy Policy.

18. WARRANTY DISCLAIMER

QUTAHIA JEWELRY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO ITS SERVICES, WORK PRODUCTS, THE SITE, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUTAHIA JEWELRY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, YOU AGREE THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM QUTAHIA JEWELRY SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN.

QUTAHIA JEWELRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SAFETY OF PROJECTS OR USER’S CAPABILITIES, HONESTY, RELIABILITY, TRUSTWORTHINESS, OR ABILITIES TO PAY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUTAHIA JEWELRY DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SITE OR PROJECTS WILL BE SAFE. YOU UNDERSTAND AND AGREE THAT QUTAHIA JEWELRY DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR VIRUSES OR OTHER MALWARE THAT MAY INFECT, YOUR EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. YOU FURTHER UNDERSTAND AND AGREE THAT QUTAHIA JEWELRY DOES NOT ASSUME AND EXPRESSLY DISCLAIMS, ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE OR HARM THAT ANY PROJECT CAUSES TO ANY PROPERTY OR PERSON.

19. LIMITATION OF LIABILITY

IN NO EVENT SHALL QUTAHIA JEWELRY, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO QUTAHIA JEWELRY'S SERVICES, YOUR USE OF QUTAHIA JEWELRY’S SERVICES OR THE SITE, YOUR CONDUCT, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS.

NOTWITHSTANDING THE FOREGOING, TO THE EXTENT QUTAHIA JEWELRY IS EVER DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT QUTAHIA JEWELRY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF QUTAHIA JEWELRY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE AMOUNT OF FEES QUTAHIA JEWELRY ACTUALLY RECEIVED AS A RESULT OF ANY PROJECTS YOU PURCHASED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF QUTAHIA JEWELRY IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL QUTAHIA JEWELRY BE LIABLE TO YOU, AND YOU WAIVE ANY RIGHT TO SEEK FROM QUTAHIA JEWELRY, CONSEQUENTIAL OR SPECIAL DAMAGES.

20. Indemnity

You agree to indemnify and hold Qutahia Jewelry and Qutahia Jewelry’s parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to your conduct or failure to act, your use of Qutahia Jewelry’s services, or your use of the Site, including but not limited to claims or demands relating to your breach of this Agreement, failure to pay for a product in accordance with an order, violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.

21. No Guarantee

Qutahia Jewelry may, in its sole discretion, remove, cease operating, change the functionality of, or otherwise modify its services and the Site at any time.

Qutahia Jewelry does not guarantee continuous, uninterrupted, ongoing access to the Site or any of the Site’s features, and operation of the Site may be interfered with or eliminated entirely by numerous factors outside Qutahia Jewelry’s control or at Qutahia Jewelry’s sole discretion.

22. Legal Compliance

You agree to comply with all applicable domestic and international laws when using and in relation to Qutahia Jewelry’s Service or the Site.

23. No Agency

You understand and agree that you and Qutahia Jewelry are independent entities, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement, or by the operation of the Qutahia Jewelry Service or the Site.

24. Choice of Law

This Agreement shall be interpreted and governed by the internal laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

25. ARBITRATION AGREEMENT

ALL DISPUTES CONCERNING OR ARISING OUT OF THIS AGREEMENT, INCLUDING WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), USING THE THEN-CURRENT APPLICABLE AAA RULES. THE LOCATION OF THE ARBITRATION SHALL BE THE AAA OFFICE IN BOSTON, MASSACHUSETTS, OR ANOTHER LOCATION IN BOSTON, MASSACHUSETTS CHOSEN BY THE AAA OR THE ARBITRATOR.

THE FEDERAL ARBITRATION ACT, AS IN EFFECT AT THE TIME OF ANY ARBITRATION DEMAND, SHALL APPLY TO ANY ARBITRATION PURSUANT TO THIS AGREEMENT.

THE PARTIES SHALL EACH BEAR THEIR OWN EXPENSES RELATED TO ANY ARBITRATION. THE COSTS OF THE ARBITRATION TRIBUNAL, INCLUDING THE ARBITRATOR’S AND THE AAA’S FEES, SHALL BE SHARED EQUALLY BETWEEN THE PARTIES, REGARDLESS OF WHICH PARTY PREVAILS. EACH PARTY TO THE ARBITRATION SHALL BEAR ITS OWN LEGAL FEES, REGARDLESS OF WHICH PARTY PREVAILS. THE ARBITRATOR SHALL NOT AWARD ANY MULTIPLE OR PUNITIVE DAMAGES, REGARDLESS OF WHICH PARTY PREVAILS. NOTWITHSTANDING ANYTHING TO THE CONTRARY PERMITTED BY THE APPLICABLE RULES OF THE AAA, ANY ARBITRATION PURSUANT TO THIS AGREEMENT SHALL INVOLVE YOU AND QUTAHIA JEWELRY ONLY IN THEIR INDIVIDUAL CAPACITIES, SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATIONS, AND SHALL NOT BE ARBITRATED AS A CLASS OR OTHER FORM OF REPRESENTATIVE ACTION. YOU AGREE NOT TO PARTICIPATE IN ANY ARBITRATION RELATED TO OR ARISING FROM THIS AGREEMENT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

ANY ACTION TO CONFIRM AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION WITHIN SUFFOLK COUNTY, MASSACHUSETTS. QUTAHIA JEWELRY AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF ANY SUCH COURT, WAIVING ANY OBJECTION BASED ON PERSONAL JURISDICTION OR VENUE.

AT LEAST FORTY-FIVE (45) DAYS PRIOR TO EITHER PARTY INITIATING ANY ARBITRATION PURSUANT TO THIS AGREEMENT, THAT PARTY SHALL SEND TO THE OTHER PARTY A WRITTEN DEMAND DESCRIBING THE NATURE OF THE DISPUTE AND SETTING FORTH A PROPOSED RESOLUTION. THE PARTIES SHALL THEN ATTEMPT TO NEGOTIATE IN GOOD FAITH TO RESOLVE THE DISPUTE.

26. Links

You understand and agree that Qutahia Jewelry disclaims all responsibility and liability for, and you shall not seek to hold Qutahia Jewelry liable for, the quality, content, nature, or reliability of other sites accessible by hyperlink from the Site, of sites linking to the Site, or of sites framing the Site (together, “Linked Sites”). Linked Sites are not under the control of Qutahia Jewelry, and Qutahia Jewelry shall have no responsibility for the content of any Linked Site or any link contained in a Linked Site. The inclusion of any link on the Site does not imply any affiliation, endorsement, or adoption by Qutahia Jewelry of a Linked Site or any information contained therein.

When leaving the Site for another site, you should be aware that this Agreement may not govern your use of the other site, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that other site.

27. Electronic Communication

You consent to receive communications from Qutahia Jewelry electronically, by email, posting on the Site, or messages to you through the Site. You agree that all notices, communications, deliveries, or process shall be deemed delivered to and served on you upon emailing, posting, or sending through the Site, regardless of whether such notices, communications, deliveries, or process actually reach or are read by you. You waive any formal service or hard-copy delivery rights with respect to any communication, notices, deliveries or process arising out of or relating to the Qutahia Jewelry Service or the Site.

28. Access Subject to Local Restrictions

The Site is not directed at or intended for use by any person located in any jurisdiction where the Site’s content or functionality is illegal or permitted only with necessary licenses or authorizations that Qutahia Jewelry has not obtained. You agree not to access or use the site in any such location and that you are responsible for determining whether use of the Site is permitted in your location.

29. Entire Agreement

This Agreement, combined with the Privacy Policy, sets forth the entire agreement and understanding of the parties relating to their subject matters and supersede any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and Qutahia Jewelry.

30. Modifications

Qutahia Jewelry may modify the Agreement at any time, in its sole discretion, by posting an amended Agreement on the Site. Unless otherwise indicated on the Site, any modifications shall be effective immediately. You agree that any such modifications shall be effective and that your continued use of the Site or the Qutahia Jewelry Services after any modification will be governed by this Agreement as modified. Qutahia Jewelry may, but in no event shall it be required to, provide you notice of any modification by email or other form of communication. Except modifications that Qutahia Jewelry makes pursuant to this Section, or as otherwise agreed between you and Qutahia Jewelry in a writing signed by both you and Qutahia Jewelry, no other modifications to this Agreement shall be permitted. Qutahia Jewelry may terminate the Agreement at any time, in its sole discretion, by providing you notice of termination or by ceasing to operate the Site.

31. Survival

In the event that this Agreement is terminated, the following Sections shall survive any such termination and remain in effect: 5 (Limited License and Restrictions on Use), 6 (General User Performance), 7 (Communications with Us), 9 (Shipping & Returns), 10 (Warranty), 11 (Payments), 12 (Failure to Pay), 13 (Feedback and Reputation Management), 15 (Release), 16 (User Conduct and Content), 17 (License to Qutahia Jewelry), 18 (Warranty Disclaimer), 19 (Limitation of Liability), 20 (Indemnity), 22 (Legal Compliance), 23 (No Agency), 25 (Arbitration Agreement), 27 (Electronic Communications), 29 (Entire Agreement), 30 (Modifications).

32. Miscellaneous

If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions shall remain enforceable.

Qutahia Jewelry may assign this Agreement in its sole discretion. You may not assign this Agreement or any of your rights or obligations, without Qutahia Jewelry’s prior written consent.

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim.

33. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide us with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on our Site;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Qutahia Jewelry's copyright agent to whom you should provide such information is as follows: Qutahia Jewelry Co LLC, email: admin@qutahia.com.


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