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Terms & Conditions

EXORTI, INC TERMS AND CONDITIONS 

last updated July 9th, 2022 

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 customer you may safely shop at exorti.com as we ensure that your order which is placed will be delivered to you directly from the designer. Making sure that you have a seamless shopping experience is our priority.  

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. 

 

  1. A. TERMS OF USE– applicable to ALL Users 

 

  1. Eligibility
    In order to use EXORTI, you must:
  2. 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.
    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. 
  3. The Site is available only to individuals and others who meet the Exorti Inc terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Exorti Inc, and who have authorized Exorti Inc to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. 
  4. Exorti is a Marketplace for unique, one of a kind and limited-edition jewelry by the designers from around the world. By shopping at exorti.com 
  1. You are not buying items directly from Exorti but from the jewelry designers around the world  
  1. The items listed on the site are not pre-screened and therefore Exorti does not guarantee or endorse any items sold on Exorti. 
  1. Each seller on Exorti has their own shop policies, shipping methods and processing times. When you make a purchase from a seller on Exorti, you agree that You have read the product descriptions and the shop policies.  
  1. You can contact the sellers directly through the Exorti chat system  

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7.Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Exorti reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. 

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Exorti feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions. 

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. 

  

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 or not 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.

 

 

 

  1. Orders 

 

All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers. 

 

Once your order has been placed you will receive an email from us acknowledging the details of your order and confirming the receipt of same. Unless you cancel your order the acceptance of the order will be finalized upon packaging of your order and when we dispatch the order with a tracking number. You will receive an email from us confirming that your order has been shipped including the tracking details. 

 

Items displayed at exorti.com will be either directly ship by the designers or  distributing from our distribution center  

 

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period. 

 

Exorti will store a record of your transactions for a minimum of one year. 

 

  1. 7. Payment

Payment can be made by Visa, MasterCard, American Express, Paypal and any other methods which may be clearly advertised on the site. Payment will be debited and cleared from your account upon completion of the packing of your order by the designer or Exorti Inc.  

 

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. 

 

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

 

 

 

 

  1. Pricing 

 

We reserve the right to change prices on the website with immediate effect. The applicable price for your purchase is the one that at the time of ordering is stated on the website next to the item in question. 

You will need to refer to the shop policies of the seller to know more about the taxes and duties where applicable.  

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. 

 

Regardless of your shopping destination and the currency you shop in, your bank may charge you an international transaction fee when processing your payment. Exorti is not responsible for any such fee or charge.   

 

  1. 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 and seller will require your signature at that point. 

Please note that all the sellers are adhered to dispatch all orders within the delivery times stated in their shop and shipping policy. Exorti is not responsible for any delays caused by destination customs clearance processes. 

 

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact your seller  to cancel your order and we will give you a refund for any goods you have paid for but not received. 

 

  1. 10. Returns, cancellations, and refunds

 

Exorti does not issue refunds or facilitate exchanges or returns. These are the responsibility of the seller. Most of the sellers listed on Exorti accepts and facilitates returns and refunds. Please be sure to review the refund, exchange and return policy of any seller you are considering doing business with before a purchase is made. 

 

All the sellers are expected to clearly state their policies regarding returns and refunds in their store policies.  

This includes: 

  • Whether or not the seller accepts returns
  • The timeframe in which seller may accept a return
  • Who will pay for the cost of return shipping for any items that are sent back to you

 

 

  1. B. RIGHTS 
  1. 11. 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).

 

  1. 12. 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.

 

  1. 13. 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.

 

  1. 14. 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.

 

 

  1. 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: DMCA Agent, EXORTI, INC
53-11 65TH PLACE, MASPETH, NEW YORK, 11378, or 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. 

  1. LIABILITY 
  2. 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
  3. 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.
  4. 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.
  5. 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.
  6. 22. Disclaimers
    We and our Team aren’t responsible for the behavior or actions of any buyer, seller, other User or any third parties. 
  7. 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.
  8. 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.

 

  1. 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. 

 

  1. 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.
  2. 27. Survivability
    Any provision of this Agreement which imposes an obligation shall survive the termination or expiration of this Agreement.
  3. 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.
  4. 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.
  5. 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.

 

  1. 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. 

  1. 32. Further Actions
    You will use best efforts to provide all documents and take any actions necessary to meet your obligations under these Terms.
  2. 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. 
  3. 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.