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By accessing or using Katura's website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website.
By accessing or using Katura's website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and October Skies Benediction LLC, doing business as Katura 1999 ("Katura," "we," "us," or "our"), a South Carolina limited liability company, governing your access to and use of the katura1999.com website, mobile applications, and all related services (collectively, the "Services").
By accessing or using our Services, placing an order, creating an account, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
Important: These Terms contain a binding arbitration clause and class action waiver in Section 14. Please read it carefully. It affects your legal rights.
You must meet the following requirements to use our Services:
If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
When you create an account, you agree to:
We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or remain inactive for more than 24 months (with prior notice).
All products displayed on our website are subject to availability. We reserve the right to limit quantities, refuse orders, and modify or discontinue products at any time.
Prices are subject to change without notice. We make every effort to display accurate pricing, but errors may occur. If an item's price is incorrect, we will contact you before processing your order.
Custom & Bespoke Orders: Custom jewelry is made to your specifications and is non-refundable once production begins. A 50% deposit is required to initiate custom work. Final payment is due before shipping. Design revisions after production approval may incur additional charges.
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order. Payment must be received before orders are processed.
All custom and bespoke pieces are non-refundable once production has begun. Please review your order carefully before confirming.
International Orders: Customers outside the United States are responsible for all import duties, customs fees, and taxes imposed by their country. These charges are not included in our product prices or shipping fees.
Shipping times and methods vary by destination and product. For full details, please see our Shipping Policy.
Please refer to our Returns Policy for detailed information about returns, exchanges, and refunds.
For complete details, please see our Returns & Exchanges Policy. Key points:
All content on our website, including text, images, logos, and designs, is owned by Katura 1999 or our licensors. You may not reproduce, distribute, or use any content without our written permission.
All content on our Services β including but not limited to text, graphics, logos, images, photographs, jewelry designs, product descriptions, software, and audiovisual content β is the exclusive property of October Skies Benediction LLC (d/b/a Katura 1999) or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You agree to use our website only for lawful purposes and in accordance with these terms. You agree not to:
You agree not to:
When you submit content to our Services (reviews, photos, custom design descriptions, or other materials), you grant Katura 1999 a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and display such content in connection with our Services and marketing.
We strive to accurately describe our products. Due to variations in photography, lighting, and monitor settings, actual products may vary slightly from images shown. Natural gemstones may have unique characteristics.
Disclaimer of Warranties: THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
Notwithstanding the above, all Katura jewelry comes with our craftsmanship guarantee as described on our product pages. This warranty covers manufacturing defects but does not cover normal wear, damage from misuse, or unauthorized modifications.
To the fullest extent permitted by law, Katura shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or products.
Limitation: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTOBER SKIES BENEDICTION LLC (D/B/A KATURA 1999), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
You agree to indemnify and hold Katura harmless from any claims, damages, or expenses arising from your violation of these terms or your use of our website.
You agree to indemnify, defend, and hold harmless October Skies Benediction LLC (d/b/a Katura 1999), its officers, directors, employees, contractors, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) arising from or related to:
β οΈ Please Read Carefully: This section contains a binding arbitration clause and class action waiver that affect your legal rights. By agreeing to these Terms, you agree to resolve disputes through binding individual arbitration rather than in court.
Informal Resolution First: Before initiating arbitration, you agree to contact us at legal@katura1999.com and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration: If we cannot resolve the dispute informally, either party may elect to have the dispute finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall be conducted in Charleston County, South Carolina. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST OCTOBER SKIES BENEDICTION LLC (D/B/A KATURA 1999).
Exceptions: Either party may bring claims in small claims court if the claim qualifies. Nothing in this section prevents Katura from seeking injunctive relief in court for intellectual property violations.
Katura 1999 shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
In such events, our obligations shall be suspended for the duration of the force majeure event, and delivery timelines will be extended accordingly. We will make reasonable efforts to notify affected customers promptly.
These terms are governed by the laws of the State of South Carolina, United States. Any disputes shall be resolved in the courts of Charleston County, South Carolina.
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions. Subject to the arbitration clause above, any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Charleston County, South Carolina.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
We may update these Terms of Service at any time. Continued use of our website after changes constitutes acceptance of the new terms.
We reserve the right to modify these Terms at any time. When we make material changes:
For questions about these Terms of Service, please reach out to us.
Legal Department
legal@katura1999.comClient Care
clientcare@katura1999.comMailing Address
October Skies Benediction LLC
d/b/a Katura 1999
South Carolina, United States