Terms of Service
Last updated: September 2022
Monavett Inc., d/b/a/ “Juttou” (“Monavett“, “us“, “our“, or “we“), a company incorporated in the State of Delaware, owns and maintains this website (“Site“), through which Monavett offers certain jewelry for sale, in accordance with the terms below where visitors can purchase our original jewelry. These Terms of Service (“Terms“) govern your access and use of the Site and services available thereon, if and as available from time to time (together with the Site, the “Services“). Our Privacy Notice, available at https://juttou.com/privacy_policy (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual visiting the Site and/or using the Services.
Please read these Terms carefully. By visiting our Site or by making a purchase through the Services, as applicable, you agree to be bound by these Terms, as they may be amended from time to time. Your continued use of the Site following any update shall be deemed acceptance of any such amended or updated terms.
- Use of Services.
- Subject to these Terms, JUTTOU allows you to access and use the Services on a non-exclusive basis for your own personal non-commercial use.
- Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) all checkout information you submit is truthful and accurate; (b) you are at least 18 years old and have the ability to form a binding contract; (c) your use of the Services does not violate any applicable law or obligation you may have to a third party; and (d) you shall comply with all applicable laws and these Terms throughout your use of the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited.
- Monavett may modify or discontinue the Services, including any Product, or any part thereof, at any time, provided, however, that such changes will not apply to outstanding orders.
- Each piece of jewelry offered through the Services (“Product“) is made per order and in accordance with the design preferences you select through the Service. Once you place your order, we will send a confirmation email with an order number for reference to the address you provided in the checkout process. We will then craft and ship your order via a Courier, as further detailed below.
- Custom-Made Products. Certain Products may be modified to your individual specifications (“Custom-Made Products“). Custom-Made Products include, but are not limited to, engraved jewelry and other Products as may be designated by Monavett, from time to time. Custom-Made Products may have adjusted prices and shipping timelines. Please note that engraved Products may lose their coloring and engraving over time.
- Shipping and Delivery. Monavett ships all purchased Products through a third party courier service (“Courier“). Shipments shall arrive within 7-14 (fourteen) business days after your order has been completed. Please note that Custom-Made Products may have longer delivery periods. If you order multiple Products with different delivery dates, you may request (during checkout) that all your Products be shipped together in one delivery, however such request may delay the shipment arrival date. For security purposes, we cannot change a delivery address after an order has been placed. All shipments carry delivery insurance by the Courier at no extra cost to you. However, note that the risk of loss and title for any purchased Products pass to you upon our delivery to the applicable recipient. Please note that purchased products may be shipped from outside the United States. To the extent applicable, the recipient specified on the order shall serve as the importer of the Product, shall comply with all applicable import laws, and bear the costs of all applicable taxes, import and customs duties, and other regulatory fees. For expedited shipment, please indicate your desired shipment date in the ‘Comments’ section of the checkout process (“Express Shipment“). We cannot guarantee that we will be able to accommodate all or any Express Shipment request(s), however, we will endeavor to do so. Delays related to customs clearance and/or any similar authority and/or the Courier are not included in Monavett’s estimated delivery dates and Monavett shall not be responsible for such delays. Without derogating from the foregoing, Monavett will not responsible for any delays due to circumstances beyond its reasonable control.
- Product Warranty and Disclaimer of Warranty. If a diamond or gemstone of 5 points or less falls off a purchased Product due to faulty manufacturing, as determined by Monavett, Monavett shall replace such diamond or gemstone at Monavett’s expense per purchased Product; provided you have notified us of such defect within 90 (ninety) days as of delivery of the applicable Product. For such purpose you will need to provide or ship the purchased Product to Monavett, at your expense.
The repaired Product shall be delivered back to you within 3 (three) months as of Monavett’s receipt of the Product in its workshop. MONAVETT GRANTS NO WARRANTIES OTHER THAN AS SET OUT ABOVE. IT IS CLARIFIED THAT MONAVETT GRANTS NO WARRANTIES REGARDING DIAMONDS AND/OR GEMSTONES LARGER THAN 5 POINTS OR WHERE ISSUES ARISE FOR REASONS OTHER THAN FAULTY MANUFACTURING. OUR PRODUCTS ARE HAND-CRAFTED TO ORDER AND AS SUCH, MONAVETT DOES NOT GUARANTEE THAT ANY PRODUCT WILL EXACTLY MATCH ANY RELATED IMAGES ON THE SITE, INCLUDING ANY PRODUCT’S COLOR, SHAPE, SIZE, WEIGHT, DESIGN OR OTHER DETAILS AND SPECIFICATIONS. EXCEPT AS EXPRESSLY PROVIDED HERIEN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PRODUCTS.
- Maintenance. Products may be sent to Monavett’s workshop for professional cleaning, free of charge, up to twice each calendar year, subject to prior coordination with Monavett, and provided that delivery of the Product to Monavett shall be at your sole expense. You may make arrangements for cleaning by emailing us at email@example.com.
- Exchanges. You may request to exchange a purchased Product within 14 (fourteen) days as of the purchased Product’s initial delivery, by emailing us at firstname.lastname@example.org. You will be required to return the Product undamaged, unused, unworn, without alterations of any kind and in its original condition, at your sole expense, including all related packaging, shipping, insurance expenses, customs, taxes and/or other governmental charges, if applicable. Monavett shall not be liable for any loss of or damage to any Products during the return process. The Product must be returned in its original packaging, along with the original certificate of warranty and the original receipt, and in accordance with any other instructions Monavett may provide. Replacements shall only be shipped after the returned Product has been inspected per the conditions above and accepted by Monavett, and subject to the purchase shipping terms set forth above. CUSTOM-MADE PRODUCTS MAY NOT BE EXCHANGED. PRODUCTS THAT HAVE BEEN ALTERED, INCLUDING SIZE ADJUSTMENTS, MAY NOT BE EXCHANGED.
- Cancellations and Returns. You may request to cancel your order within 14 (fourteen) days of delivery, by emailing us at email@example.com. You will be required return the Product within 14 days, at your sole expense, including all related packaging, shipping, customs, insurance expenses, customs, taxes and/or other governmental charges, if applicable. Monavett shall not be liable for any loss of or damage to any Products during the return process. Products must be returned in their original packaging, undamaged, unused, unworn, without alterations of any kind and in its original condition. PURCHASES OF CUSTOM-MADE PRODUCTS MAY NOT BE CANCELLED. PRODUCTS THAT HAVE BEEN ALTERED, INCLUDING SIZE ADJUSTMENTS, MAY NOT BE RETURNED. Please note that cancellations are processed upon receipt of the Product and completion of examining its condition (as mentioned above) by Monavett, however refunds may take up to 6 (six) weeks, subject to the terms the applicable payment processor(s).
- User Content.
- Monavett allows you and other users to provide certain types of content through the Services, including reviews, comments, and feedback, and any modifications or derivatives of the foregoing (“User Content“).
- Monavett provides an online chat system, which allows you to ask questions about the Services Monavett provides and to seek assistance, as needed. Such chats may be saved for future reference by Monavett and is included in the term User Content.
- User Content comes from a variety of sources. You understand that Monavett is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the User Content. Although users are subject to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
- MONAVETT DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH USER CONTENT. MONAVETT DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO MONAVETT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
- User Content Restrictions
- Monavett has no obligation to accept, display, or maintain any User Content. Moreover, Monavett reserves the right to remove and permanently delete any User Content uploaded by you without notice and for any reason. You are and shall remain fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to provide such User Content. Any User Content provided through the Services shall not be considered confidential and may be disseminated by Monavett without compensation to you.
- Without limiting the above, you agree that you will not transmit, submit or upload any User Content or act in any way that: i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) does not comply with all applicable laws, rules and regulations; (v) contains material we determine to be offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component.
- Monavett may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Monavett reserves the right to treat User Content as content stored at the direction of users for which Monavett will not exercise editorial control except when violations are directly brought to Monavett’s
- It is possible for others to obtain Personal Data about you through any User Content that you post or make available. Anyone receiving or viewing User Content may use information you provided through such User Content for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose through any User Content by any user or any third party. By making any information available through the Services you acknowledge that you understand and have agreed to such risks.
- Use You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any User Content or other content available through the Services; (3) use the Services or content thereon in any manner (including any commercial endeavors) except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (5) use the Site or Services or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.
- Intellectual Property
- Monavett or its licensors, as the case may be, have all right, title, and interest in the (i) Site, Services, any content thereon (excluding User Content), including its overall appearance, images, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the copyrights, trademarks, service marks, and logos contained therein, whether registered or unregistered; and (ii) designs, specifications, models of any Products, and all worldwide intellectual property rights, the trade dress, copyrights, trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Site or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Site and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Services should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Monavett or any third party. If you provide Monavett with any feedback regarding the Services, including regarding any Product, Monavett may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
- You have all right, title, and interest in the User Content you provide. By submitting or posting any User Content, you grant Monavett the right to use, copy, transmit, prepare derivative works of and/or alter such User Content on, through or in connection with the Site, including to improve our Services and/or Products and/or offer new services of products.
- Monavett’s policy is not to infringe upon or violate the intellectual property rights or other rights of any third party. Monavett will refuse to use and remove any User Content provided that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (“DMCA“), Monavett will remove any User Content if properly notified that such material infringes third party rights and may do so at its sole discretion and at any time, without prior notice to users. Monavett’s policy is to block repeat infringers in appropriate circumstances.
- You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
- If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that we remove or block access to it. If you believe that such a notice has been wrongly filed against you, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest consulting with your legal advisor before filing a notice or counter-notice. Note that there can be substantial penalties for false claims. Notices and counter-notices can be sent to us at firstname.lastname@example.org.
- Disclaimers and Disclaimer of Warranty
- All information and content on the Site, including any images of Products, is for informational purposes only and Monavett provides no guarantees with respect thereto. Your use of the Site, Services, and/or Products is at your sole discretion and risk. The Services, the content thereon, and (except as expressly provided herein) our Products are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services and/or our Products will be of good quality or useful for your needs.
- EXCEPT AS EXPRESSLY PROVIDED HERIEN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICES; (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.
- No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- Limitation of Liability
- Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Monavett on your behalf, including any incorrect data, and you shall assume any and all liability for any consequences of the provision of such incorrect data to us.
- TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MONAVETT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY THEREOF, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER MONAVETT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE HIGHER OF: (I) THE AMOUNT YOU HAVE ACTUALLY PAID US FOR THE PRODUCT OVER WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, AND (II) US$ 100.
- You agree to indemnify, defend, and hold harmless Monavett, its affiliates, and their respective employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.
- Third-Party Content. The Site may provide you with third-party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
- Notices. Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon placing an order, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.
- These Terms shall be governed solely by the laws of the State of New York, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in New York County, New York shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Monavett or enables you to act on behalf of Monavett. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.