Terms of service

Last Updated: July 16, 2025

Welcome to OHTNYC (the "Site"). These Terms of Service ("Terms") govern your access to and use of the Site, including any purchases of jewelry or other products through the Site. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Site.

1. User Account Registration and Security

Account Registration: Some features of the Site (such as making a purchase or writing a review) may require creating a user account. You agree to provide accurate, current, and complete information during registration and to keep it updated. You must not impersonate anyone or provide false details.

Account Credentials: You are responsible for maintaining the confidentiality of your login credentials (username and password) and for all activities that occur under your account. Do not share your password or allow others to use your account. You agree to notify us immediately at our contact email (provided below) of any unauthorized access or use of your account or password, or any other breach of security. OHTNYC will not be liable for any loss or damage arising from your failure to maintain the security of your account.

User Responsibilities: You are responsible for all usage of the Site under your account. This means you ensure that anyone using your account abides by these Terms. You agree that all information you submit to the Site is truthful and accurate, and you will update information as needed to keep it accurate. If you provide any feedback or personal preferences on the Site, you agree that we may use this information to improve our services, consistent with our Privacy Policy.

2. Account Termination

Termination by You: You may terminate your account at any time by contacting us or by using any account deletion functionality (if available on the Site). Termination will not relieve you of any obligations incurred prior to termination (such as payment for any orders already placed).

Termination by Us: We reserve the right to suspend or terminate your account or your access to the Site at any time for any reason, including for any suspected violation of these Terms or illegal or improper use of the Site. Such termination or suspension may occur without prior notice. In the event of termination, your right to use the Site will immediately cease.

Certain provisions of these Terms will survive termination of your account: this includes provisions regarding intellectual property rights, indemnification, warranty disclaimers, limitations of liability, dispute resolution, and any other provisions that by their nature should survive. Termination of your account does not waive or affect any legal rights or remedies which may have accrued to OHTNYC prior to that point.

3. Prohibited Conduct

You agree not to misuse the Site or engage in any conduct that is unlawful or prohibited by these Terms. Specifically, you will not (and will not allow any third party to):

• Violate any law or regulation: You must comply with all applicable federal, state, local, or international laws and regulations in your use of the Site. This includes export control laws and any rules regarding online conduct.
  
• Interfere with the Site: Do not use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other party’s ability to use the Site. This prohibition includes any attempt to disrupt the normal functionality of the Site or servers (e.g. by introducing viruses, worms, malware, logic bombs or any other harmful code).
  
• Unauthorized Access: Do not attempt to gain unauthorized access to any part of the Site, server, or any system or database connected to the Site, or otherwise attempt to breach the Site’s security measures. Similarly, you must not probe, scan, or test the vulnerability of the Site or any network connected to it.
  
• Automated Scraping or Monitoring: You agree not to use any robot, spider, crawler, scraper, or other automated means or process to access the Site for any purpose, including monitoring or copying content, without our express written permission.
  
• No Spam or Fraud: You will not use the Site to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any form of solicitation. You also agree not to use the Site to perpetrate fraud, phishing, or other deceptive practices.
  
• Prohibited Content: You must not post or transmit via the Site any unlawful, threatening, libelous, defamatory, obscene, or offensive material, or any content that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability. We reserve the right (but do not assume the obligation) to remove or edit any such content at our sole discretion.
  
• Harmful Conduct: Do not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm OHTNYC or other users, or expose them to liability. This includes harassment, stalking, intimidation of other users, or any attempt to disrupt the experience of others on the Site.

Violation of any of the above may result in immediate termination of your right to access or use the Site, and may also expose you to civil or criminal penalties. OHTNYC reserves the right to involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

4. Intellectual Property Rights

Ownership of Site Content: The Site and all content available through the Site (including but not limited to product designs, text, photographs, graphics, logos, button icons, images, audio clips, video, and software) are the property of OHTNYC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. All trademarks, service marks, and trade names displayed on the Site (including “OHTNYC” and associated logos) are proprietary to OHTNYC or their respective owners.

Limited License: We grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Site and its content for your personal, non-commercial use only. This license does not allow you to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site except as automatically and incidentally occurs in the normal course of using the Site (such as caching in your web browser). No right, title, or interest in the Site or any content is transferred to you, and we reserve all rights not expressly granted. Nothing contained on the Site shall be construed as granting, by implication or otherwise, any license or right to use any of OHTNYC’s intellectual property without our express written permission.

Prohibition on Unauthorized Use: You agree not to circumvent, remove, or interfere with any copyright, trademark, or other proprietary rights notices or digital rights management technology embedded in or accompanying the Site content. Any use of the Site or its content beyond the scope of the license granted herein is strictly prohibited and will terminate your permission to use the Site.

5. User Content and Feedback

User Submissions: If the Site allows you to submit or post any content (such as product reviews, comments, testimonials, images, or other materials), you retain ownership of the content you create. However, by submitting or posting content on the Site, you grant OHTNYC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your content in any media. This license is necessary for us to display your content on the Site, promote our services, or operate the Site generally. For example, we may use your reviews in our marketing or repost photos you tag us in, on our social media or website.

Warranties for User Content: You represent and warrant that any content you submit is original to you, that you have all necessary rights to share it, and that it does not infringe or violate the rights of any third party (including intellectual property, privacy, and publicity rights). You are solely responsible for any content you provide and for any consequences of sharing it. OHTNYC is not responsible for the accuracy, reliability, or legality of user-posted content.

Monitoring and Removal: OHTNYC is not obligated to monitor user content, but we reserve the right to review, screen, edit, or delete any user content at any time at our discretion for any reason (including if we believe the content is unlawful, offensive, or violates these Terms). We may also disable or restrict access to the Site for users who repeatedly infringe the intellectual property rights of others.

By submitting any ideas, feedback, or suggestions to us (for example, ideas to improve our products or Site), you agree that we can use and share such feedback for any purpose without compensation to you, and you acknowledge that such feedback is not confidential.

6. Payment Terms and Orders

Pricing and Product Descriptions: All prices displayed on the Site are shown in the currency indicated (for example, USD for United States customers), and unless stated otherwise, do not include applicable taxes or shipping charges. We strive to ensure that all product descriptions, images, and prices are accurate, but mistakes may occur. We reserve the right to correct any errors or omissions, and to change or update information, at any time without prior notice. If we discover a pricing or description error for an item you have ordered, we will contact you with the correct information and give you the option to confirm or cancel the order before shipping.

Order Acceptance and Cancellation: Your placement of an order is an offer to purchase the products. We reserve the right to accept or reject any order in our sole discretion. We may, for example, refuse an order if the product is out of stock, if there is an error in pricing, or if your payment cannot be processed. If we cancel an order after you have already been charged, we will issue you a refund for the amount paid.

Payment Processing: All payments on our Site are processed through trusted third-party payment providers, such as Stripe, Shop Pay (Shopify Payments), and Sezzle. When you make a purchase, you authorize OHTNYC (or its designated payment processors) to charge the credit card, debit card, or other payment method you have provided for the total amount of your order (including any applicable taxes and shipping fees). Payments are processed through third-party payment processors, and your use of those services is subject to each provider’s terms and conditions. This means that, in addition to our Terms, Stripe’s, Shop Pay’s, and Sezzle’s terms and privacy policies will govern the processing of your payment. We encourage you to review those terms on the respective providers’ websites. We are not responsible for any payment processing errors or security breaches occurring at the payment processors. However, if you encounter issues with payment, you can contact us and we will try to assist in resolving the matter.

Taxes and Duties: You are responsible for any sales, use, value-added, or other governmental taxes, fees or duties due with respect to your order. We will collect tax (e.g., sales tax or VAT) if and as required by applicable law, based on the shipping address you provide at checkout. For international shipments (if offered), import duties or customs fees may be charged by your country, and you are responsible for those unless stated otherwise.

Installment Payments: If you choose a buy-now-pay-later option such as Sezzle (or any installment payment program we offer), you agree that your payment obligations are governed by your agreement with that third-party service. Any disputes or questions regarding installment payments should be directed to the third-party provider (e.g., Sezzle) as specified in their terms.

7. Indemnification

You agree to indemnify, defend, and hold harmless OHTNYC, its parent company, affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to (a) your use or misuse of the Site (including any products or services obtained through the Site), (b) your violation of these Terms, or (c) your violation of any law or the rights of any third party.

This indemnification obligation will survive any termination of your account or use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with us in asserting any available defenses). You agree not to settle any such matter without the prior written consent of OHTNYC.

8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PURCHASES OR PRODUCTS OBTAINED THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE, ITS CONTENTS, AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OHTNYC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

OHTNYC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, INCLUDING PRODUCT AVAILABILITY, IMAGES, DESCRIPTIONS, OR PRICING.

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED BY OHTNYC IN WRITING (FOR EXAMPLE, A LIMITED PRODUCT WARRANTY THAT MAY ACCOMPANY A SPECIFIC PRODUCT), AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OHTNYC MAKES NO GUARANTEES OR WARRANTIES AS TO THE QUALITY, DURABILITY, OR SUITABILITY OF ANY PRODUCTS SOLD ON THE SITE. ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY APART FROM ANY MANUFACTURER’S WARRANTY THAT MAY BE INCLUDED WITH THE PRODUCT.

OHTNYC makes no warranty as to any third-party services, such as payment processors or shipping carriers, that you may interact with in the course of using the Site. Those services are outside of our control and are used at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any warranties required by law are limited in duration to the shortest legally permitted period.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OHTNYC OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, ANY PRODUCTS PURCHASED THROUGH THE SITE, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

TO THE EXTENT THAT LIABILITY CANNOT BE COMPLETELY DISCLAIMED AND NOTWITHSTANDING THE TYPES OF DAMAGES DISCLAIMED ABOVE, THE TOTAL AGGREGATE LIABILITY OF OHTNYC (AND ITS AFFILIATES AND AGENTS) FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED VIA THE SITE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO OHTNYC FOR THE PRODUCT(S) OR SERVICE(S) AT ISSUE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) $100 USD.

In addition to the above, OHTNYC shall not be liable for any damage to your computer system, loss of data, or any other harm that results from your access to or use of the Site (including any malware or viruses that may infect your equipment). You are responsible for implementing sufficient safeguards (like anti-virus software and data backups) to protect yourself and for verifying the accuracy of any content accessed through the Site.

Some jurisdictions do not allow the exclusion or limitation of certain damages (such as incidental or consequential damages), so portions of these limitations may not apply to you. In any case, OHTNYC’s liability will be limited to the fullest extent permitted by applicable law.

10. Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of the Site shall be governed by the laws of the State of New York, USA, without regard to its conflict of law principles. You and OHTNYC agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to any transactions or these Terms.

11. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY as it affects your legal rights, including your right to file a lawsuit in court. This section provides for resolution of disputes through individual arbitration instead of in court proceedings (where a judge or jury would decide the case). By agreeing to these Terms, you and OHTNYC each agree to resolve any disputes through binding arbitration on an individual basis, and you waive the right to participate in a class action or class arbitration.

Agreement to Arbitrate: Except for the exceptions stated below, you and OHTNYC agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Site, or any purchase or product obtained through the Site, shall be resolved exclusively through final and binding arbitration. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitration shall be administered by the American Arbitration Association (“AAA”) and, unless the parties agree otherwise, shall be conducted under the AAA’s Consumer Arbitration Rules. You can find more information about AAA and its procedures at www.adr.org.

Arbitration Procedures: To initiate an arbitration, you must submit a Demand for Arbitration to the AAA and provide a copy to us (at the contact address below). The arbitration will be conducted by a single, neutral arbitrator. Any arbitration hearing will be held in New York City, New York, USA, unless you and OHTNYC agree in writing to another location. If your claim is for a relatively small sum (for example, falls within the jurisdiction of small claims court), you may choose to have the arbitration conducted based on documents only or via teleconference/videoconference, subject to the arbitrator’s discretion and the AAA rules.

The arbitrator will apply New York state law (and U.S. federal law, including the Federal Arbitration Act 9 U.S.C. §§ 1-16) to the dispute, honoring all applicable claims of privilege. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, including individual injunctive or declaratory relief, but may only award such relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s decision shall be confidential, final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration: Each party will bear its own attorneys’ fees and costs in arbitration, unless applicable law or the AAA rules provide otherwise. The payment of filing, administrative, and arbitrator fees will be governed by the AAA’s rules. However, if you are a consumer and you prevail in arbitration, you may be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

No Class Actions: You and OHTNYC agree that all claims will be brought on an individual basis, and not as plaintiffs or class members in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. You further agree that the arbitrator shall have no authority to conduct class arbitration or to hear or decide claims brought as a purported class or representative on behalf of others. BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Exceptions: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction, and either party may bring suit in court to seek an injunction or other equitable relief to protect its intellectual property rights. Also, if a dispute is not arbitrable under applicable law (for example, certain claims that must by law be resolved by a government agency), then the arbitration agreement may not apply to that claim.

Opt-Out Right: If you do not wish to agree to this arbitration provision, you must notify us in writing within thirty (30) days of your first use of the Site or within thirty (30) days of the date this Arbitration Agreement first becomes applicable to you. To opt out, you must send us a written notice with your name, address, account email (if applicable), and a clear statement that you do not agree to arbitration of disputes with OHTNYC. The notice must be sent to our contact address provided in these Terms. If you opt out of arbitration, the other parts of these Terms (including the class action waiver) will continue to apply to you.

Time Limit to Bring Claims: Any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred. This contractual limitations period does not override any shorter statutory period that may apply to your claim, but it does shorten longer statutory periods to one year (to the maximum extent permitted by law).

Severability of Arbitration Terms: If any portion of this Dispute Resolution and Arbitration Agreement section is found to be invalid or unenforceable, that portion shall be severed and the remainder of the section shall remain in full force and effect. However, if the provision prohibiting class arbitration is deemed invalid, then the entire Arbitration Agreement shall be null and void. In such case, the parties agree that the exclusive jurisdiction and venue described in the "Jurisdiction" section below will govern any action arising out of or related to these Terms.

12. Jurisdiction and Venue for Legal Disputes

Subject to the Arbitration Agreement above, in the event that a dispute is found by a court to not be subject to arbitration, or if you opt out of the arbitration agreement, you agree that any lawsuit or court proceeding permitted under these Terms (including any appeal of an arbitration award or dispute not covered by the arbitration clause) shall be brought exclusively in the state or federal courts located in New York County, New York, USA. You consent to the exclusive jurisdiction and venue of such courts and waive any objections to jurisdiction or venue in those courts, including any claim that such forum is not convenient. Both you and OHTNYC waive any right to a jury trial in any litigation that may arise.

For the avoidance of doubt, nothing in this section limits the effect of the above Arbitration Agreement. This clause will primarily apply in cases where the Arbitration Agreement is held unenforceable or you have opted out, or for the limited types of claims that may be brought in court consistent with the Arbitration Agreement.

13. Changes to These Terms

OHTNYC may, in its sole discretion, update or modify these Terms from time to time. If we make material changes, we will notify users by posting the updated Terms on the Site and updating the "Last Updated" date at the top. Changes to terms are effective immediately upon posting (unless a later effective date is specified). Your continued use of the Site after updated Terms are posted constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to a change, you must stop using the Site.

14. Miscellaneous

Entire Agreement: These Terms (along with any other policies or terms referenced herein or provided at checkout, such as our Privacy Policy and any product-specific conditions) constitute the entire agreement between you and OHTNYC regarding your use of the Site and your purchase of products through the Site. They supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us regarding the subject matter of these Terms. No oral or written information or advice given by OHTNYC or its representatives shall create any warranty or contract not expressly stated in these Terms.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The failure to enforce any provision in one instance shall not constitute a waiver of that provision in any other instance.

Waiver: Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of any provision of these Terms by OHTNYC must be made in writing and signed by an authorized representative of OHTNYC.

Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms to any third party as part of a merger, acquisition, sale of assets, or by operation of law, or otherwise. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

No Third-Party Beneficiaries: These Terms are for the benefit of you and OHTNYC only, and except as expressly provided in these Terms, they are not intended to confer any rights or remedies on any third parties.

Relationship of the Parties: No joint venture, partnership, employment, or agency relationship exists between you and OHTNYC as a result of these Terms or your use of the Site.

15. Contact Information

If you have any questions, concerns, or comments about these Terms or the Site, or if you need to provide any notice under these Terms, please contact us at:

OHTNYC Customer Service
Email: info@ohtnyc.com
Address: 147 West 35^th Street, Suite 1202, New York, NY, USA

We will attempt to respond to all inquiries within a reasonable timeframe.