EXORTI, INC TERMS AND CONDITIONS

last updated February 14th, 2023

EXORTI.com (“EXORTI” or the “Service”) is an e-commerce platform for vendors to sell and market their jewelry and gems and is offered through the URL www.exorti.com and www.exorti.com (“Website”). EXORTI is owned and operated by EXORTI Inc d/b/a EXORTI, a New York domestic business corporation (“EXORTI” “we,” or “us”). EXORTI has officers, employees, and contractors (“our Team”). As a user of the Service or a representative of an individual or entity that’s a user of the Service, you’re a “User” according to this agreement (or “you”).

Exorti.com sells jewelry from various jewelry designers from around the world. As a seller you may safely sell your precious jewelry at exorti.com as we ensure that your merchandise will reach millions of buyers worldwide and your payments will be transferred to you in a safe and seamless manner.  

Please read these Terms carefully. This is a legal agreement. By using EXORTI or by checking the box and pushing the “Submit” buttons, you are electronically signing this Agreement and agreeing to be legally bound by its terms and conditions. If you do not agree to any of the terms below, EXORTI is unwilling to provide the service to you, and you should not click on the “Accept” button, but instead you should leave the website or mobile application to discontinue the registration process.

A. TERMS OF USE– applicable to ALL Sellers

1. Eligibility
In order to use EXORTI, you must:

1. be at least eighteen (18) years old and able to enter into contracts;
2. agree to the Terms;
3. provide true, complete, and up to date contact information; and
4. not use the Website or Services for any purpose that is unlawful or prohibited by this Agreement.

5. By using EXORTI, you represent and warrant that you meet all the requirements listed above, and that you won’t use EXORTI in a way that violates any laws or regulations. EXORTI may refuse service, close accounts of any users, and change eligibility requirements at any time.

The Site is available only to individuals and others who meet the Exorti Inc terms of eligibility.  

1. Selling with Exorti.com

Exorti.com is a unique online marketplace dedicated for the designer jewelry pieces which are unique, custom made or limited-edition items by the master craftsmen from around the world.

1. We are looking for the jewelry craftsmen who are exclusively working on unique, custom made or limited-edition jewelry pieces.

If you are selling a handcrafted item,

• It must be designed by you or by your team and the details must be disclosed in the “About” section
• The photographs, videos, and the content you are uploading must be your own. No stock photos or photos and videos used by other sellers or websites.
• Be transparent about the crafting process such as where the item has been made, where the materials has been resourced from etc.
• All your listings created at exorti.com are for sale.
• The items made from any animal products are strictly prohibited on Exorti and Exorti may remove any listing that violates our policies.
• When managing your store at Exorti.com,
  • Provide only the accurate information in your About section as well product descriptions.
  • Your shop policies to be displayed in your listing all the time which includes your shipping policy, payment options, returns and exchange policy.
  • Do not create duplicate shops or take any manipulative actions such as creating manipulative clicks, sales etc. and will not coordinate pricing with other sellers.
  • You will be responsible for complying with all the applicable laws and regulations regarding the products you list for sale, required labels and warnings. Exorti will not take any responsibility for the accuracy of the information provided by you regarding a product listing.  
  • You adhere to all the Exorti service standards. As a seller being honest, maintaining trust and always providing great customer service to all our buyers is extremely important to Exorti.

When selling at exorti.com, I agree to

1. Honor your shipping and processing times as stated in your store policies all the time.
   1. State your shipping costs and processing times clearly.
   1. Provide an accurate address that you are shipping from (Ships from address).  
   1. As soon as the items are sold, ship the items promptly. It should be shipped with in the time frame stated in your listing unless you specify otherwise through the Exorti messaging system.
   1. Act in accordance with all local and international shipping and customs regulations.  
2. Honor all your shop policies.
3. Resolve any issues or disagreements regarding any order directly with the buyer. If you are unable to resolve the issue, you may open a case with Exorti where Exorti will assist in resolving the issue.
4. You must notify the buyer and cancel the order if you are unable to process an order within 24 Hours.

In connection with using or accessing the service you will not

• post, list or upload content or items in inappropriate categories or areas on our site,
• breach any laws, third party rights or Exorti policies or determination of your account status.
• Fail to deliver items sold by you, unless you have a valid reason such as buyer fails to comply with the posted terms in your listings or you are unable to contact the buyer etc.
• Manipulate the prices of any item or increase the prices after the item is sold.
• Interfere with any other users’ listings.
• Post false, inaccurate, misleading, deceptive, or defamatory or libelous content
• Taking any action that may undermine the feedback or rating systems.
• Transfer your account with Exorti.com to any other party

• Any attempt to avoid the Exorti sales process or divert customers to another website is strictly prohibited. You are not permitted to include any hyperlinks, URLs, or web addresses in emails to customers or on product listing pages.

2. Term
The Term begins when you use this Website or when you click both “Accept” buttons and continues as long as you use the Service. Clicking the button, checking the box and entering your username means that you’ve officially “signed” the Terms. If you sign up for EXORTI on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account
You or EXORTI may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend our service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund the balance due to you. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it.

4. Changes
We may change any of the Terms by posting revised Terms of Use on our Website or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of EXORTI. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

6. When using our service

You are solely responsible for paying all fees owed to Exorti. Except as otherwise provided below, you are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales made through our Services.

7. Transaction fees

We will charge a commission of 20% on all the transactions happen on our platform and will charge only when you make a sale.

Commission will be charged on the total amount paid by the customer including shipping, gift wrapping, and any other charges included in the final amount paid by the customer.

8. Payment

The payments will be made to all the sellers directly from Exorti as when the item has been shipped. Payment will be debited and cleared from the buyers account upon completion of the packing of the order by the seller.

Else the sellers can opt to have their funds transferred on a bi-weekly or monthly basis. All the transaction fees will be borne by the seller. This includes chargebacks and refunds.

We take reasonable care to make our Site secure. All transactions are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment.

All the sellers are covered by the PayPal Seller Protection for Merchants where your sales are protected against fraudulent disputes, helping prevent losses.

When you register as a seller with us, you’ll provide us with valid payment information and authorize us or our third-party designee to process your payment of the outstanding balance using that payment information. You’ll replace the payment information if it is not valid. Anyone paying by credit card, electronic check or other payment method represents and warrants that he or she is authorized to use that payment method, and that all charges may be billed using that payment method and won’t be rejected. If, for some reason, we’re unable to process your payment, we’ll try to contact you by email and suspend your account until your payment can be processed.

To help ensure that your shopping experience is safe, simple and Secure Socket Layer (SSL) technology.

9. Pricing

We reserve the right to change are fees on the website with immediate effect and if so you will be notified via email.

9. Insurance and delivery

The items will be insured by the seller when it is in transit and until the time it delivered to the buyer at a specified delivery address. You will always request for the buyer’s signature at the point of delivery.

The signature can be waived for domestic orders dispatched via UPS. When placing an order, the signature requirement is set by default; however, the buyer can update their preference on the shipping page before proceeding to purchase. But if no signature is collected, the buyer agrees to seller terms and conditions and, confirm that the seller can leave the package(s) outside the premises at the shipping address provided by them without obtaining a signature for proof of delivery.

Sellers should also make sure to follow all local and federal import and export regulations.

10. Returns, cancellations, and refunds

As a seller, you’re expected to clearly state your policies regarding returns and refunds in your store policies.

This includes:

• Whether or not you accept returns
• The timeframe in which you may accept a return.
• Who will pay for the cost of return shipping for any items that are sent back to you?
• If you do have a problem with a transaction, it’s best to contact the buyer directly via Exorti Chat. Buyers are also encouraged to contact you if they experience any issues.
• You must respond to any open case within 3 business days, and you must work with the buyer and Exorti team to resolve any dispute. Each case will remain open until you have reached a resolution.
• In a case where the involved parties cannot come to an agreement, Exorti will get involved and investigate the issue/s and provide a resolution. And this resolution will be the final decision.

If you enter into a return agreement with a buyer via Chat or Exorti’s inquiry system, we require you to fulfill that agreement. This may include:

• Issuing a refund for the returned item(s)
• Providing Exorti with proof of shipping for a replacement item

11. Changes to Fees

For sellers – we may change our fees at any time by posting a new pricing structure to our website or sending you a notification by email. Exorti’s fees and commissions are calculated based on the value of sales on each seller account, the current pricing structure for sellers is as follows:    

We will charge a commission of 20% on all the transactions happen on our platform and will charge only when you make a sale.

Commission will be charged on the total amount paid by the customer including shipping, gift wrapping, and any other charges included in the final amount paid by the customer.

B. RIGHTS

12. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide EXORTI (proprietary rights include patents, trademarks, service marks, and copyrights).

13. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material that you upload to this Website or communicate to us. You retain ownership of the materials you upload to the website or otherwise submit to us. You grant EXORTI, a perpetual, irrevocable, unlimited, worldwide, fully paid/sub licensable license to use, copy, perform, display, distribute, and make derivative works from content you upload or communicate to us.

14. Privacy Policy
We may use and disclose your information according to our Privacy Policy (YOUR PRIVACY POLICY hyperlink). Our Privacy Policy will be treated as part of these Terms.

15. Compliance with Laws
You represent and warrant that your use of EXORTI shall comply with all applicable laws and regulations. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of your warranties and representations.

16. Prohibited Uses

You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the Website, including but not limited to downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, viruses, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information.

You agree not to post or upload content, including but not limited to any of the following:

• Prescription drugs, medical devices; controlled substances and related items

• Alcohol or tobacco; unpackaged or adulterated food or cosmetics

• False, misleading, deceptive, or fraudulent content; bait and switch; keyword spam

• Offensive, obscene, defamatory, threatening, or malicious postings or email

• Anyone’s personal, identifying, confidential or proprietary information

• Spam; incorrectly categorized, over posted, cross-posted, or non-local content

• Postings or email the primary purpose of which is to drive traffic to a website, rather than your listing

• Postings or email offering, promoting, or linking to products or services unrelated to the subject matter of this website

• Affiliate marketing; network, or multilevel marketing; pyramid schemes

• Any good, service, or content that potentially violates the law or legal rights of others.

Violations of the Prohibited Uses will result in your directory listing and/or ad being rejected by Us. This is prohibited conduct. The website may allow external software to speed up the listing process.

17. Copyright Infringement-DMCA Notice

If copyrighted content that belongs to you was posted without your permission to this Website or sent through one our email system, we want to know about it. Please send notice of the alleged infringement to: support@exorti.com and write in the subject line DMCA NOTICE.

Please include in your notice:

1. an electronic or physical signature of the copyright owner or someone authorized to act on their behalf; 

2. the name, address, telephone number, and email address of the copyright owner; 

3. identification of the copyrighted work that is being infringed; 

4. identification of where the infringing material is located on our Website (a URL works best);

5. a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent, or the law; and a statement that the information in your notice is accurate, and you’re authorized to act on behalf of the copyright owner. 

This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that’s sometimes even classified as a felony. 

Finally, a warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on one of our Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded or emailed the content.

 C.  LIABILITY

18. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service shall be limited to $100.00

19. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

20. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that isn’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

21. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

22. Disclaimers
We and our Team aren’t responsible for the behavior or actions of any buyer, seller, other User or any third parties.

23. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, acts of hackers or third-party service providers or suppliers.

24. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.

25. Arbitration and Choice of Law
The State of New York’s laws, except for its conflict of laws rules, shall apply to any controversy or claim arising out of or relating to this Agreement, the Privacy Policy and the service itself, or the breach thereof. You or We may choose to resolve any controversy or claim involving $5000 or less exclusively in Maspeth, New York small claims court, or by arbitration according to the following rules. Any claim or controversy involving more than $5000 shall be settled by arbitration under the auspices of, and by the commercial expedited rules of the American Arbitration Association (“AAA”)in Queens County, New York. The AAA and the Parties must comply with the following rules: a) the arbitration shall be conducted SOLELY BY WRITTEN SUBMISSIONS; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and EXORTI expressly authorize the arbitrator to award reasonable attorney’s fees and costs to the prevailing party as determined by the arbitrator.

All claims you bring against Exorti must be resolved in accordance with this section of this Agreement. All claims filed or brought contrary to this section shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this section, Exorti may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,500.00, provided that Exorti has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. All claims related to or arising under this Agreement must be brought within one year of their occurrence or be forever barred.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER , OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

26. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

27. Survivability
Any provision of this Agreement which imposes an obligation shall survive the termination or expiration of this Agreement.

28. Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

29. Interpretation
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

30. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

31. Relationship

Nothing contained in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.

32. Further Actions
You will use best efforts to provide all documents and take any actions necessary to meet your obligations under these Terms.

 33. Contact Information and Notice
If you have any questions or concerns regarding our Terms of Use or other services of this website, you may contact us by email at support@exorti.com. Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, EXORTI, INC, 53-11 65TH PLACE, MASPETH NEW YORK 11378 or any addresses as we may later post on the Website.

34. Entire Agreement
These Terms, our Privacy Policy, and any Additional Terms you’ve agreed to are incorporated herein and make up the entire agreement and supersede all prior agreements, representations, and understandings.