Please note: these Terms include an arbitration clause and class action waiver in Section 17. Please read Section 17 for details.
These Terms and Conditions (“Terms”) govern your use of any websites, electronic and text messages, and social media pages operated, directed, or otherwise maintained by OOTDY Technology LLC, its parent companies, subsidiaries, and affiliates (collectively “OOTDY,” “we,” or “us”) that display or link to these Terms (the “Sites”), and any OOTDY purchases made by you through the Sites or a retail location. You agree to these Terms and to our Privacy Policy by affirmatively accepting them where prompted — for example, by checking a box or clicking “I Agree,” “Place Order,” “Sign Me Up,” or a similarly labeled button that is presented together with, or linked to, these Terms — and, in any event, by making a purchase, whether or not you are a registered user.

1. YOUR ACCOUNT

You are not required to create an account to make a purchase on the Sites; you may check out as a guest. If you choose to create an account, or if an account is required to use certain features of the Sites, you must provide current, truthful, and accurate information when creating it and keep that information updated. You may not share your account with anyone else. If you believe your account has been compromised, contact us immediately at contact@ootdyjewelry.com.

2. ORDERS AND CANCELLATIONS

Products displayed on the Sites, and the information you submit at checkout, are an invitation for you to make an offer to purchase — they are not themselves an offer by OOTDY to sell. Your order constitutes an offer to purchase the goods described, at the price and tax shown in your order summary at checkout. No contract for the sale of goods is formed, and OOTDY is not obligated to fulfill your order, until OOTDY accepts it (for example, by sending you an order confirmation or shipping notice, or by charging your payment method for the order). OOTDY may decline to accept, or may cancel, any order for any reason, including unauthorized, altered, or ineligible use of an offer or payment, suspected fraud, pricing or listing errors, or a system error; if we cancel an order after payment has been charged, we will issue a refund of the amount charged for that order.
You are responsible for the transport, packaging, freight, and insurance charges reflected in your order summary at checkout. Once placed and accepted, orders are generally final and may not be changed or cancelled by you, except as described in Section 3 (Returns, Refunds, and Shipping) or as required by applicable law.

3. RETURNS, REFUNDS, SHIPPING, AND RISK OF LOSS

3.1 Returns and Refunds

Please review our Return & Refund Policy, available at https://ootdy.com/pages/return-refund, before making a purchase. That policy describes the return window, condition requirements, any categories excluded from return, how refunds are issued, and who is responsible for return shipping, and is incorporated into these Terms by reference.

3.2 Shipping

Please review our Shipping Policy, available at https://ootdy.com/pages/shipping-policy, for current processing and delivery timeframes, shipping rates, and service areas, which is incorporated into these Terms by reference. Title and risk of loss for each item pass to you upon our delivery to the carrier, except that if you are a consumer in a jurisdiction where applicable law places risk of loss on the seller until delivery to you, that law will govern instead.

3.3 International Orders, Duties, and Customs

We ship to select international destinations as described in our Shipping Policy. For these orders, applicable customs duties, import taxes, and related fees are calculated and included in the price you pay at checkout (“Delivered Duty Paid”); you should not be charged any additional customs or duty fees by the carrier upon delivery. OOTDY is not responsible for delivery delays caused by customs processing or inspection outside our control. You are responsible for complying with any import restrictions applicable in your destination country.

3.4 Incorrect Addresses, Lost, and Damaged Packages

  • You are responsible for providing a complete and accurate shipping address. If a package is undeliverable or returned to us because of an address error you provided, we may charge a reshipping fee before sending it again.
  • Please review our Shipping Policy, available at https://ootdy.com/pages/shipping-policy, for how we handle packages confirmed as delivered but not received, and packages damaged in transit, which is incorporated into these Terms by reference.
  • Nothing in this Section limits any non-waivable right or remedy available to you under applicable consumer protection law, including in connection with lost, damaged, or non-conforming goods.

4. WARRANTY

We warrant to you, as the original purchaser, that our goods will meet their published specifications and be free from defects in materials and workmanship at the time of delivery (“Warranty Defects”). We recommend inspecting your order promptly upon receipt and reporting any visible shipping damage as described in Section 3.4. For Warranty Defects that are not reasonably discoverable on initial inspection (for example, a hidden manufacturing defect), please contact us using the information in Section 20 as soon as reasonably possible after you discover the issue. This warranty, and the process described here, are in addition to, and do not limit, waive, or replace, any non-waivable warranty or consumer protection right available to you under applicable law. OOTDY is not responsible for damage caused by normal wear and tear, misuse, or unauthorized repair, or for items lost or damaged after delivery has been accepted, except as otherwise provided in these Terms or applicable law.

5. PROMOTIONS

From time to time, OOTDY offers promotional discounts, gifts with purchase, and similar promotions, available while supplies last and subject to specified dates, limitations, and exclusions. To the extent permitted by applicable law, OOTDY reserves the right to alter or cancel any promotion without notice, and to cancel orders and restrict promotional access if a promotion is used incorrectly or abused. Only one promotional code may be used per order. Altering or cancelling a promotion will not affect the price or terms of any order already confirmed under Section 2, and will not affect any statutory right you may have in connection with that order.

6. TEXT MESSAGING (SMS/MMS)

This Section governs your enrollment in OOTDY’s text messaging program. For details on how we collect, use, and share information in connection with this program, see Section 7 of our Privacy Policy.

6.1 Consent

If you provide your phone number to OOTDY and sign up for our text messaging program (for example, through a website pop-up), you agree to receive recurring automated marketing text messages (such as promotions, sale alerts, and cart reminders) and/or order and delivery updates from OOTDY at the number provided, including messages sent using an automatic telephone dialing system or prerecorded/artificial voice. Consent to receive marketing text messages is not a condition of any purchase. Message frequency varies, and message and data rates may apply.

6.2 Opt-Out and Help

You may opt out at any time by replying STOP to any message. You may reply HELP for assistance. After texting STOP or HELP you may receive one additional message confirming that your request has been processed. OOTDY reserves the right to alter the frequency of messages sent, and to change the short code or phone number from which messages are sent, and will notify you if we do so.

6.3 Program Details

Not all mobile devices or carriers may be supported, and messages may not be deliverable in all areas. OOTDY, its service providers, and supported mobile carriers are not liable for delayed or undelivered messages. You represent that you are the account holder for the mobile number you provide. If you change or deactivate that number, you agree to promptly update your account to prevent OOTDY from inadvertently messaging a new owner of that number.

7. RESALE

Products on our Sites are intended for consumers only. We reserve the right to refuse or cancel any order, and any future orders, if we believe in our sole discretion that an order is being placed for resale.

8. CONTENT YOU POST

We may provide opportunities for you to post text, photographs, videos, or other content (“Content”) on the Sites. By posting Content, you represent that you are at least 18 years old, own or are authorized to license all rights in the Content, and that the Content does not infringe any third party’s rights or violate these Terms or applicable law. You grant OOTDY an irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display your Content for any purpose. You agree to defend, indemnify, and hold OOTDY harmless from any claim arising from our use of your Content, including any claim that it infringes a third party’s rights.

9. CONTENT POSTED BY OTHERS

We are not responsible for, and do not endorse, Content posted by other visitors to the Sites, and we are not liable for any loss or damage caused in connection with such Content.

10. YOUR USE OF THE SITES

You agree not to use the Sites in a way that violates any law, infringes any person’s rights, or interferes with the Sites or any technological measures we use to enforce these Terms. You are prohibited from infringing or otherwise violating any third-party rights, including intellectual property rights. Using the Sites does not grant you any rights to the content you access; you may not use, copy, edit, or distribute content from the Sites without our prior written approval or as otherwise permitted by law.

11. NON-CONFIDENTIAL INFORMATION

We do not accept unsolicited suggestions for new products, services, or marketing ideas. Any materials, information, or ideas you send us will be treated as non-confidential and non-proprietary and may be used by OOTDY for any purpose.

12. COPYRIGHT INFRINGEMENT

You may not post, modify, distribute, or reproduce on the Sites any content that is copyrighted material belonging to others without their prior written consent. OOTDY reserves the right to remove any content it believes may infringe the copyright rights of others, and to terminate the accounts of users it believes to be infringers.
If you believe your work has been copied or posted on the Sites in a way that constitutes copyright infringement, please send us a written notice, addressed to “Legal,” containing substantially the following (please consult your own legal counsel or applicable law to confirm these requirements):
  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material claimed to be infringing, and information reasonably sufficient to let us locate it (a URL is the fastest way);
  • Your name, address, telephone number, and, if available, email address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Please send notices to: OOTDY Technology LLC, Attn: Legal, by email to contact@ootdyjewelry.com. Anyone who knowingly materially misrepresents that material or activity is infringing may be liable for damages.

13. MODIFICATIONS AND TERMINATION

We reserve the right to modify or discontinue the Sites at any time, with or without notice, including adding or removing features. OOTDY shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Sites, and may deactivate accounts, cancel orders, or refuse to accept orders from users who violate these Terms.

14. SOCIAL NETWORKS

The Sites may include features that operate with third-party social networking sites (such as Instagram, TikTok, or Facebook). Your use of those features is governed by these Terms, but your access to and use of the third-party sites is governed by their own terms.

15. OUR WARRANTIES AND DISCLAIMERS

THE EXPRESS WARRANTY IN SECTION 4 (WARRANTY), AND THE RETURN/REFUND TERMS IN SECTION 3, ARE THE ONLY WARRANTIES OOTDY MAKES REGARDING THE GOODS SOLD ON THE SITES. OTHER THAN THOSE EXPRESS WARRANTIES AND AS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS, OOTDY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITES, INCLUDING THEIR CONTENT, FUNCTIONS, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE SITES ARE PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW WITH RESPECT TO YOUR PURCHASE OF GOODS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. LIABILITY FOR OUR SERVICES

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) OOTDY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES, YOUR PURCHASE OF GOODS, OR ANY THIRD PARTY’S USE OF THE SITES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF OOTDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OOTDY’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITES, THESE TERMS, OR YOUR PURCHASE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT YOU PAID TO OOTDY FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM, OR (II) $100. NOTHING IN THIS SECTION LIMITS ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING, WHERE APPLICABLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR OTHER LIABILITY THAT CANNOT BE LIMITED BY CONTRACT, OR ANY NON-WAIVABLE CONSUMER PROTECTION RIGHT DESCRIBED IN SECTIONS 3 AND 4.

17. DISPUTES — BINDING ARBITRATION AND CLASS ACTION WAIVER

This section affects your legal rights, including your right to sue in court, to have a jury trial, and to participate in a class or representative action. You may opt out as described in Section 17.5 below.
You and OOTDY agree that any dispute arising out of or related in any way to the Sites, OOTDY products, or the services provided by OOTDY, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the claim arises — including any dispute about the application, enforceability, scope, or interpretation of this agreement to arbitrate — shall be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court where your claim qualifies.

17.1 Class Action and Jury Waiver

YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND OOTDY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Any dispute resolution proceeding will be conducted only on an individual basis. If for any reason a claim proceeds in court rather than arbitration, we each waive any right to a jury trial. Nothing here prevents either party from bringing suit in court to enjoin infringement or other misuse of intellectual property rights, and nothing here waives your right, where applicable law does not permit such a waiver, to pursue public injunctive relief in a judicial forum.

17.2 Notice of Dispute; Informal Resolution

Before filing an arbitration, you and OOTDY each agree to first send a written “Notice of Dispute” describing the claim and the relief sought. You should send your Notice of Dispute to contact@ootdyjewelry.com. We will send any Notice of Dispute to you at the email or mailing address on file for your account or order. Both parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days after the Notice of Dispute is received before either party commences arbitration or files a small claims action.

17.3 Arbitration Procedure

This Section is subject to and governed by the Federal Arbitration Act. If informal resolution under Section 17.2 is unsuccessful, the dispute will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at https://www.adr.org/Rules or by calling AAA at 1-800-778-7879, or by another provider agreed to by the parties in writing. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, which generally limit the filing fee you must pay and allocate most other costs to OOTDY for consumer claims. Unless you and OOTDY agree otherwise, the arbitration will be conducted in the county or parish of your billing address, or, for claims of $10,000 or less, may be conducted by telephone or videoconference, or based on written submissions, at your election. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the validity, interpretation, or enforceability of this arbitration agreement, except for the class-action-waiver provision in Section 17.1, which must be enforced by a court.

17.4 Disputes Referred to Another Organization

Disputes may also be referred to another arbitration organization if you and OOTDY agree in writing, or to an arbitrator appointed under Section 5 of the Federal Arbitration Act.

17.5 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to contact@ootdyjewelry.com within thirty (30) days of first accepting these Terms, stating your name and a clear statement that you wish to opt out of arbitration. If you opt out, only the arbitration agreement will not apply to you — the rest of these Terms will remain in effect.

17.6 Severability

If any part of this Section 17 is found to be unenforceable, that part will be severed, and the remainder of this Section will remain in force, except that if the class-action-waiver in Section 17.1 is found unenforceable as to a particular claim or request for relief, that claim or request for relief (and only that claim or request for relief) must be brought in court, and any remaining claims must proceed in arbitration.

18. ADDITIONAL DETAILS

We may modify these Terms from time to time; the “Last Updated” date at the top of this page reflects the most recent revision. For routine or non-material changes, continuing to use the Sites after the revised Terms are posted indicates your agreement to them. For material changes — including changes to Section 17 (Arbitration) or Section 16 (Liability) — we will provide reasonably advance notice (for example, by email, an on-site banner, or a similar method) before the change takes effect, and where required by applicable law, we will seek your renewed acceptance before the change applies to you. The Sites may contain links to third-party websites or ads; we do not control or endorse those sites, products, or services. When you use the Sites or communicate with us electronically, you consent to receive communications from us electronically, and you agree such communications satisfy any legal requirement that they be in writing.

19. GOVERNING LAW

Except as provided in Section 17 (Arbitration), these Terms shall be governed by the laws of the District of Columbia, without regard to its conflict-of-laws principles.

20. CUSTOMER SERVICE

For any inquiries, please contact us at:
  • OOTDY Technology LLC
  • Email: contact@ootdyjewelry.com