Terms of Use

1. Terms of Use And Purchase. These terms of use and purchase (the “Terms’) are entered into by you, the user (“User” or “You”) of this website (the “Site”) and Gauhar Jewelry, LLC, a Florida limited liability company (“Company”). These Terms govern Users use of the Site and User’s purchase(s) of products sold by Company on the Site (the “Products”). By User’s affirmative acknowledgement of having read and accepted these Terms, User expressly agrees to be bound by these Terms and indicates its continued acceptance of these Terms and Company’s privacy policy at https://www.gauharjewelry.com/pages/privacy which is incorporated herein by reference (the “Privacy Policy”).

2. Use. User agrees to use the Site only for lawful purposes and in accordance with these Terms and the Privacy Policy. User shall not use the Site for any unlawful purpose or any purpose prohibited by these Terms or not expressly authorized by these Terms. User agrees to comply with any applicable local, state, and federal laws, government rules and regulations. In addition to the foregoing, User agrees not to: (a) input, upload, transmit, to or otherwise communicate via the Site any material, data, or information which (i) could be deemed to be obscene, indecent, discriminatory, offensive, defamatory, harassing, abusive, or threatening, (ii) infringe the copyright or trademark rights of another party, and/or (iii) is a virus, ransomware, Trojan horse, worm, malware, or any other harmful or destructive content; (b) perform searches, obtain information, and/or scrape data, in any way, to market User’s products or services to prospective customers and/or make any solicitations to any person; (c) interfere with any other person’s use of the Site or access any other person’s information via the Site, or collect or harvest any information or data from the Site by any method; (d) interfere with the Site, its network, its security features, or otherwise attempt to gain unauthorized access to any other computer and/or network system via the Site; (e) knowingly input or transmit any inaccurate information; (f) to reproduce, duplicate, copy or re-sell the Site or any part of the Site; (g) make alterations to, or modifications of, the Site (or any portion thereof), or permit the Site (or any portion thereof) be combined with, or incorporated within any other software or programs; and/or (h) disassemble, decompile, reverse-engineer or create derivative works based on the Site (or any portion thereof). Company reserves all rights not expressly granted to User in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to User or any third party any intellectual property rights or other right, title, or interest in or to the Company IP.

3. User Responsibilities; Acknowledgments. User is entirely responsible for maintaining the confidentiality of its log-in credentials (if it creates a user account on the Site) for use of the Site with at least the same degree of care that it uses to protect its own confidential and propriety information, but no less than a reasonable degree of care under the circumstances and entering accurate, truthful information into the Site. User shall ensure that all activities User performs in connection with or through the Site are compliant with all applicable laws, statutes, rules and regulations. It shall be User’s responsibility to identify which laws it must abide by during the course of User’s use of the Site. User hereby acknowledges and agrees that Company shall not be liable to User for any loss that User may incur as a result of (i) an unauthorized third-party access to the Site in the name of or impersonating User, (ii) User’s use of the Site which may be or is in violation of any applicable law, statute, rule or regulation, or these Terms, and (iii) User’s reliance on any information or data on the Site.

4. Third-Party Products. Company may from time to time make certain Third-Party Products available to User, including, without limitation payment processing products. For purposes of these Terms, such Third-Party Products are subject to their own terms and conditions which are incorporated herein by reference and have been accepted by User. Links to such terms and conditions for the Third-Party Products can be found at checkout. For purposes hereof, “Third-Party Products” shall mean any software or other product not owned or developed by Company which is incorporated into the Site.

5. Right to Monitor. Company shall have the right, but shall not be obligated to, monitor User’s access, history, and use of the Site from time to time or at any time, in any case without any prior notice to User.

6. Limited License. Subject to these Terms, Company hereby grants User a nonexclusive, non-sublicensable, nontransferable license to use the Site to purchase Products. Any and all uses of the Site that are not authorized pursuant to the terms of these Terms shall not be permitted without the prior written consent of Company.

7. Intellectual Property. User acknowledges that Company owns all right, title, and interest, including all intellectual property rights in and to the Site, any associated logos, copyrights, copyrightable works, trademarks (whether or not registered) and tradenames of Company and/or the Site, all component parts of the Site (including, but not limited to any proprietary source code and object code, software, functionalities, content, graphics, etc.), Products sold or displayed on the Site (and any related designs or manufacturing techniques associated with such Products), the Custom Products (as defined below), and any and all improvements, enhancements, modifications or derivatives of the foregoing made by any party (collectively, the “Company IP”). User agrees never to challenge, contest, or question the validity of Company’s ownership of the Company IP, including, without limitation, to any improvements, enhancements, modifications, or derivatives thereof made by any party. No rights or licenses are granted to User except as expressly set forth herein.

8. Custom Products. The Site maintains certain functionalities which permit User to modify certain of the Products by selecting certain pre-set modifications to the Products (the “Custom Products”). User acknowledges and agrees that any one or more of the various combinations or potential combinations of any Custom Product which is/are or could be selected by User have been designed by Company and is/are Company IP. For the avoidance of doubt, the Custom Products are included in the definition of the Products.

9. Payment Terms. User shall pay for the Products via a Third-Pary Product incorporated into the Site. The amount payable by User shall be as displayed on the Site and shall be final (the “Purchase Price”). For any Custom Product, Company may require User to pay some or all of the Purchase Price at the time of User’s order, or at intervals as set forth by Company, in Company’s sole discretion. Company shall not ship any Product(s) to User until the Purchase Price is paid in full. For any amounts due but not paid within thirty (30) days of the date as prescribed in a payment schedule set forth by Company, such unpaid amounts shall be, at the Company’s option, subject to a 1 ½ % per month (18% per annum) interest charge.

10. Returns. No Custom Product may be returned to the Company for a refund. Any Product which is not a Custom Product may only be returned to the Company for a refund if, in the sole discretion of Company, such Product (i) is nonconforming to the specifications of the Product at the time it was shipped to User, or (ii) was sent to User in error. For User to be eligible for a refund for a nonconforming Product, User must, within five (5) days of the Product’s delivery to User, notify the Company at info@gauharjewelry.com of the Product’s nonconformance with the specifications of the Product as set forth on the Site or as agreed upon by User and Company, and within five (5) days of the Product’s delivery to User, return the Product to Company, at User’s cost, for Company to inspect the Product. If after inspection Company determines, in its sole and reasonable discretion, that the above timeframes were not met and/or that the Product was damaged during or after shipping to User or that the Product meets the specification(s) as displayed on the Site or as agreed upon by User and Company, no refund shall be issued to User and Company will send the Product back to User. If Company determines, in its sole and reasonable discretion, that the Product does not conform with the specifications on the Site or as otherwise agreed upon by User and Company, Company shall issue a refund to User. User’s exclusive remedy for a nonconforming Product is a refund issued by Company to User in the full amount of what User paid and Company received for such nonconforming Product. User shall not be entitled to any remedy not set forth herein for any ordinary wear and tear, accident, or other damage to any Product.

11. Resizing and Repairs. If any Product sent to User requires resizing, User must notify Company in writing at info@gauharjewelry.com and must include in the notification the Product ordered and its size. User agrees to reasonably provide all information requested by Company so that Company can determine the correct size of the Product. User shall send the Product to Company and Company will perform one resizing for User at Company’s sole cost and expense. Any additional resizing may be completed by Company at costs to be agreed upon by Company and User. If any Product is damaged either in transit or by User or any third party and User desires for Company to repair such damage, User must send a picture of the damage to Company along with any information regarding the damage as requested by Company. Company may elect to, but is not required to, agree to repair the damage. The cost and expense of repair shall be paid by the User at rates and intervals set by the Company.

12. Shipping. Except as otherwise set forth herein, Company shall ship the Products to User within three (3) business days of User’s payment in full of the Purchase Price. Custom Products may take up to four (4) weeks to ship from the time User places its order on the Site. All Products shall be shipped via nationally recognized carrier. Company shall not be liable to User for any damage to the Product(s) which occur during or after transit. Company may, in its sole discretion, insure the Products while in transit. Such insurance shall be at Company’s sole cost. Shipping costs shall be calculated by Company and paid by User.

13. Termination. Company shall have the right to terminate, change, suspend or discontinue the Site at any time, and shall further have the right to terminate, change, suspend or discontinue these Terms or User’s access to the Site at any time, for any reason, in any case without any liability to Company.

14. Remedies for Breach. The parties understand and agree that money damages would not be a sufficient remedy for any breach of these Terms and that Company shall be entitled, in addition to such monetary damages, to seek equitable relief by way of preliminary and/or permanent injunction, specific performance or any other equitable relief to remedy or forestall any such breach or threatened breach by User. Such remedy shall not be deemed to be the exclusive remedy for any breach of these Terms but shall be in addition to all other rights and remedies available at law or in equity. The parties further acknowledge and agree that the covenants contained herein are necessary for the protection of legitimate business interests and re reasonable in scope.

15. No Warranties. THE SITE AND, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE PRODUCTS, ARE BEING PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

16. Limitation of Liability. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, USER AGREES THAT IT IS USING THE SITE AT ITS OWN RISK, AND THAT COMPANY (ALONG WITH COMPANY’S MEMBERS, OFFICERS, MANAGERS, AGENTS AND EMPLOYEES) SHALL IN NO WAY BE LIABLE TO USER FOR ANY LOSS, INJURY OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUES, OR OTHER INCIDENTAL DAMAGES) ARISING FROM THE PRODUCTS OR THE USE OR INABILITY TO USE THE SITE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS MEMBERS, OFFICERS, MANAGERS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE PRODUCTS OR SITE WILL MEET USER’S REQUIREMENTS OR THAT INFORMATION ON THE SITE WILL BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE; (III) THAT ANY ERRORS OR DEFECTS TO THE SITE WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SITE AND/OR ANY CONTENT THEREIN IS NON-INFRINGING.

17. Indemnity. User hereby assumes all responsibility for and agrees to indemnify, defend and hold harmless Company, along with its shareholders, officers, employees, and agents from and against any and all damages, losses, claims, suits, or other expenses whatsoever, including, without limitations, Company’s reasonable attorneys’ fees, arising out of (i) User’s breach of its obligations hereunder, (ii) any other violation of these Terms on the part of User, and/or (iii) User’s use of the Site.

18. No Waiver; Amendment; Exclusive Agreement. No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. These Terms may be amended from time to time by Company, and no prior notice of any such amendment(s) shall be required to be delivered to User. These Terms represent the entire agreement between Company and User regarding the use of the Site and purchase of Products therefrom.

19. Assignment. User may not transfer or assign (or have any right to transfer or assign) these its rights under these Terms, any of its log-in credentials for use and access to the Site, or any of its rights or interest thereunder, whether directly or indirectly, by operation of law, acquisition, merger, as a result of liquidation or dissolution, or otherwise, without the prior written consent of Company, which may be withheld for any or no reason, in the sole discretion of Company, and any such attempted transfer or assignment will be null and void and without effect.

20. Third Party Beneficiaries. Nothing in these Terms, express or implied, is intended or shall be construed to confer upon any person or entity other than the parties hereto and their respective officers, directors, shareholders, members, any remedy or claim under or by reason of these Terms or any term, covenant, or condition hereto, as third party beneficiaries or otherwise, and all terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the parties.

21. Severability. In the event any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason and in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability will in no event affect, prejudice or disturb the validity of the remainder of these Terms, which will be and remain in full force and effect, enforceable in accordance with its terms.

22. Force Majeure. In no event shall Company be liable to User, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Company’s reasonable control, including without limitation acts of God, flood, fire, earthquake, other natural disaster, epidemic or pandemic, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, supply chain issues, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

23. Dispute Resolution; Governing Law; Jurisdiction. Any dispute arising out of these Terms or User’s use of the Site will be settled by arbitration. One arbitrator, appointed by the American Arbitration Association from a commercial panel, will hear the dispute in Miami-Dade County, Florida. The decision of the Arbitrator shall be final and binding on the parties both as to law and fact and shall not be appealable to any court in any jurisdiction. Any claims, disputes or suit between the parties here to shall be governed by and construed and enforce in accordance with the laws of the State of Florida. Notwithstanding anything herein to the contrary, if User fails to pay any or all of the Purchase Price for a Product ordered through the Site, Company may seek to collect such Purchase Price in the state and federal courts having jurisdiction in Miami-Dade County, Florida.

Last Modified: April 21, 2026