Table of Content
1. YOUR ACCOUNT
You may be required to create an account and specify a password in order to make purchases or use certain features on the Sites. You must provide current, truthful and accurate information when creating an account. Please keep your account updated to reflect any changes.
You may not share your account with anyone else. If you believe that your account has been compromised at any time, please contact us at
2. ORDERS AND CANCELLATIONS
An agreement for OOTDY to sell goods to you is made when we accept your order. The description of goods, price, and applicable tax are agreed on between you and OOTDY when an order is placed. You are responsible for the charges for transport, packaging, freight, and/or insurance of your order as reflected in the order summary provided upon checkout.
Placement of an order is a binding agreement. Once placed, all orders are considered final and you may not change or cancel them. OOTDY reserves the right to cancel any order for any reason whatsoever, including but not limited to unauthorized, altered, or ineligible use of an offer or payment. OOTDY reserves the right to modify or cancel a promotion due to system error or unforeseen problems.
Our goal is to provide high quality goods and products. Accordingly, we warrant the goods will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Please unpack and inspect your order immediately upon receipt. Any and all claims must be reported to OOTDY within five (5) business days without exception.
OOTDY is not responsible for lost or damaged items after an in-store purchase has been made or delivery has been accepted except as otherwise provided in these Terms.
From time to time, OOTDY offers certain promotional discounts, gifts with purchase, buy-one get-one free events, and other promotions. OOTDY promotions are available while supplies last and may only be valid for a specified date and timeframe along with additional limitations and exclusions.
OOTDY reserves the right to alter or cancel any promotion without notice. If, in OOTDY’s sole discretion, a promotion is used incorrectly or being abused, OOTDY has the right to cancel any orders placed and ban the usage of any further promotional material by such user(s). Only one promotional code per order.
Any product purchased during a "Gift with Purchase" or "Buy One, Get One Free" promotion may be returned. Please include the gifted product with your return, or your refund will be adjusted to reflect the retail value of the gift. The gifted product cannot be returned by itself or exchanged.
Offers may only be valid for a specified date and timeframe.
5. TEXT MESSAGING
If you provide your phone number to OOTDY, you agree to receive recurring automated and autodialed promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from OOTDY, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase.
If you need assistance or wish to opt-out from OOTDY text messages, reply HELP for help, reply STOP to cancel or opt-out. After texting HELP or STOP to our short code you may receive an additional message confirming that your request has been processed. Message and Data rates may apply.
Message frequency will vary. OOTDY reserves the right to alter the frequency of messages sent at any time. OOTDY also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. OOTDY, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to most major mobile phone carriers.
6. FREE GIFT WRAP
You have the option to receive free gift wrapping on eligible online orders. If selected at checkout, all jewelry items will be gift wrapped in a signature OOTDY white&black box and dustproof bag.
Products on www.ootdy.com 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 purchased for resale.
8. CONTENT YOU POST
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, "Content") on the Sites for use by OOTDY. You acknowledge and agree that you may only post Content if:
You are at least 18 years old;
You own all the rights to the Content and are authorized to assign any and all rights in the Content to OOTDY;
The Content does not infringe upon the rights of any third parties, including but not limited to copyright, trademark, trade secret, and publicity rights;
The Content does not violate these Terms and will not cause injury to any person or entity;
The Content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
The Content does not contain any computer viruses, worms or other potentially damaging computer programs, files or malware;
You did not receive any form of compensation or consideration by any third party to post the Content;
The Content is not or may not be reasonably considered to be false, inaccurate, misleading, defamatory, obscene, indecent, libelous, hateful, unlawfully threatening, unlawfully harassing to any individual or entity, offensive, or otherwise deemed unlawful or inappropriate in OOTDY’s sole discretion; and
You agree to comply with any other requirement as may be provided to you by OOTDY.
Any Content that you submit may be used at OOTDY's sole discretion. OOTDY reserves the right to accept, reject, remove, refuse, change, condense or delete any Content submitted in its sole discretion and for any reason whatsoever. You will not be able to edit or delete any Content you have submitted. You acknowledge that you, not OOTDY, are responsible for the Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of OOTDY, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. If we accept your Content and include it on the Sites, in any event, promotion, program or for any other purpose, we cannot remove it later and you may not request that it be removed.
By uploading, submitting or otherwise posting your Content, you grant OOTDY, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content as-is or as-edited (with or without using your name, social media handle or pseudonym) in any form or media throughout the world for any purpose, in perpetuity, without limitation, and without additional review, compensation, or approval from you. This license continues even if you stop using our Sites.
You further agree to defend, indemnify, release, and hold OOTDY harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of or related to OOTDY’s use of your Content, including, but not limited to, any claim that the use of your Content violates or infringes upon the rights of any third party.
9. CONTENT POSTED BY OTHERS
We are not responsible for and do not endorse Content posted by any other visitor to the Sites. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.
10. YOUR USE OF THE SITES
You agree not to use the Sites in a way that violates any laws, infringes any individual or entity’s rights, is inappropriate or offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
You are prohibited from infringing or otherwise violating any third-party rights, including without limitation, third-party intellectual property rights. You acknowledge and agree that using our Sites does not afford you any rights to the content you access. You may not use, copy, edit or distribute content from our Sites unless you obtain prior written approval from us or any third-party owner, or unless you are otherwise permitted by law.
11. NON-CONFIDENTIAL INFORMATION
We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.
Any materials, information, or ideas you send us or post on the Sites, by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by OOTDY for any purpose whatsoever.
12. COPYRIGHT PROTECTION
If you believe any Content on the Sites infringes your copyrights, you may request that we remove the Content from the Sites (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"):
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury", you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information to us by mail or e-mail:
By e-mail: firstname.lastname@example.org
Once the Designated Agent receives a notification as set forth above, it is OOTDY’s policy to: (a) review the request; (b) remove or disable access to the infringing Content; (c) notify the provider of the Content that it has removed or disabled access to such Content; and (d) terminate repeat infringers’ access to the Sites.
If you receive a notification of alleged copyright infringement and believe that the claim is erroneous, you may submit a counter-notification to OOTDY’s Designated Agent within thirty (30) days of the date the Content was removed from the Sites. A counter-notification must be a written communication that includes substantially the following:
A statement "under penalty of perjury" that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Your signature or the electronic equivalent.
Upon receipt of a counter-notification in accordance with the above, OOTDY shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform OOTDY that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website. If OOTDY receives such notification within ten (10) business days, OOTDY shall not replace the removed Content or cease disabling access to it. If OOTDY does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website, then OOTDY shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, it is OOTDY’s policy, in appropriate circumstances and in its sole discretion, to terminate access to the Sites of any user that OOTDY finds to be a repeat infringer. OOTDY reserves the right to define the criteria by which OOTDY will determine that a user is a "repeat infringer."
If you believe that a user is a repeat infringer, please follow the instructions above to contact OOTDY Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
13. MODIFICATIONS AND TERMINATION
We reserve the right to modify or discontinue the Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether.You agree that OOTDY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites. You acknowledge that OOTDY reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by OOTDY.
14. SOCIAL NETWORKS
The Sites may include features that operate in conjunction with certain third-party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter ("Social Network Features"). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
15. OUR WARRANTIES AND DISCLAIMERS
We provide the Sites using a commercially reasonable level of care, but there are certain things that we cannot guarantee.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, OOTDY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
16. LIABILITY FOR OUR SERVICES
EXCEPT WHERE PROHIBITED, OOTDY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF OOTDY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You and OOTDY agree that any dispute arising out of or in any way related to the Sites, OOTDY products, or the services provided by OOTDY or its affiliates whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises, including any dispute or claim as to 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 if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND OOTDY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Disputes may also be referred to another arbitration organization if you and OOTDY agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
18. ADDITIONAL DETAILS
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Sites after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites and refrain from any services provided by or at the request of OOTDY.
The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. OOTDY does not control or endorse any products being advertised.
When you use the Sites or send communications to OOTDY through the Sites, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Sites from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from OOTDY to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we do not give up any rights that we may have (such as taking action in the future).
19. CUSTOMER SERVICE
For any inquiries, please contact Customer Service via email at
Last Updated December 1, 2022