Terms of service

Last updated: September 19, 2026

Welcome to Otzera. These Terms of Service (the “Terms”) govern your use of otzera.com (the “Site”) and every purchase you make from Otzera, including Gem Club memberships.

“Otzera,” “we,” “us,” and “our” refer to Otzera LLC, an Illinois limited liability company with its principal office at 5 S Wabash Ave, Suite 315, Chicago, Illinois 60603, United States. “You” and “your” refer to the person using the Site or placing an order.

By using the Site or placing an order, you agree to these Terms and to the following policies, each of which forms part of these Terms: our Privacy Policy, Return & Refund Policy, Shipping Policy, and Cancellation Policy for Gem Club memberships. If you do not agree, do not use the Site or place an order.

Please read Section 22 carefully. It requires most disputes with Otzera to be resolved by individual binding arbitration rather than in court, and it waives your right to a jury trial and to participate in a class action.

1. Eligibility

You must be at least 18 years old and able to enter into a binding contract to purchase from Otzera. By placing an order, you confirm that the information you provide is accurate and complete and that you are authorized to use the payment method you submit.

2. Our Products

Otzera specializes in natural loose gemstones and gemstone collections.

We make reasonable efforts to describe each gemstone accurately, including its gemstone type, weight, dimensions, treatment, geographic origin where applicable, laboratory documentation, and other material characteristics.

Gemstones are natural materials. They may contain inclusions, color zoning, cutting variations, abrasions, surface features, or other characteristics consistent with their nature, age, or history. Such characteristics are not defects.

3. Photography and Color

We make reasonable efforts to represent gemstones accurately through photography and video.

Gemstone color and appearance vary with lighting, screen settings, display calibration, surrounding colors, viewing angle, and individual perception. Images must be considered together with the written description and any accompanying documentation.

A difference in perceived color or appearance is not, by itself, a misdescription.

4. Laboratory Reports

Some gemstones are accompanied by reports issued by independent gemological laboratories. When a report accompanies a gemstone, we identify the issuing laboratory and the report number.

Laboratory findings, including conclusions on origin and treatment, are the opinions of the issuing laboratory. Otzera does not alter those conclusions. Gemological opinions and terminology can differ between laboratories and can change as testing methods evolve. A later laboratory reaching a different opinion is not, by itself, a misdescription by Otzera.

A laboratory report is not an endorsement by the laboratory of Otzera, the sale price, or any Otzera assessment.

5. The Otzera 50

Certain gemstones receive an Otzera 50 (O50) rating. The Otzera 50 is Otzera’s proprietary collector assessment of a gemstone’s observable characteristics, rarity, desirability, and other collector considerations. It is separate from any laboratory report.

An O50 rating is Otzera’s professional opinion at the time of evaluation. Another gemologist may reach a different opinion, and a difference of opinion is not a misdescription. The Otzera 50 is not a monetary appraisal, insurance valuation, financial recommendation, investment forecast, or guarantee of future resale value.

6. Otzera Passport

Certain gemstones are assigned a permanent Otzera ID and Digital Passport. A Passport may include gemstone specifications, photographs, laboratory information, treatment disclosures, collector commentary, provenance information, and other documentation.

Passport records document the gemstone, not its owner, and may remain accessible after a gemstone is sold to preserve its historical record. Customer names and personal transaction information are not displayed publicly in a Passport.

We may correct typographical, clerical, or factual errors in a Passport at any time.

7. Pricing, Taxes, and Availability

All prices are in U.S. dollars. Prices do not include sales tax or shipping unless stated otherwise.

Otzera collects sales and use tax wherever required by law, including in Illinois. Applicable tax is calculated at checkout based on the delivery address.

Gemstones are unique items, and availability can change without notice. We reserve the right to correct pricing, inventory, description, or listing errors at any time. If an error is discovered after you order but before shipment, we may cancel the order and refund your payment in full.

8. Orders, Payment, and Verification

Your order confirmation email acknowledges that we received your order. It is not our acceptance of the order. We accept an order when we ship it.

For higher-value or unusual transactions, we may require verification before shipping. This may include confirmation of your identity, billing address, or payment method. We may ship only to the verified billing address. If verification is not completed within 5 business days of our request, we may cancel the order and refund your payment.

We may decline or cancel any order because of suspected fraud, payment problems, errors, shipping restrictions, sanctions requirements, or other legitimate business or security concerns. If we cancel a paid order before shipment, we will refund your payment in full.

9. Gem Club Memberships

Gem Club is a monthly membership that renews automatically each month until you cancel. By joining, you authorize Otzera to charge your payment method each month for the membership price of your level, plus insured shipping and applicable tax, as shown at checkout.

You may cancel at any time online from your account. Cancellation takes effect at the end of the month you have already paid for. Membership charges that have already been processed are not refundable, except as stated in our Cancellation Policy and Return & Refund Policy.

Gem Club selections are made in Otzera’s professional discretion, guided by your membership level and any profile you choose. The value of an individual gemstone is not tied to, and is not guaranteed to equal, your membership price. Full membership terms are set out in our Cancellation Policy and on the Gem Club page.

10. Shipping, Title, and Risk of Loss

Shipping is governed by our Shipping Policy. Title to and risk of loss for a gemstone pass to you when the carrier records delivery to the shipping address in your order.

Shipping and processing estimates are our reasonable expectations at the time they are given, not guarantees. If we are unable to ship within a time we have stated, we will notify you and provide the delay, cancellation, and refund options required by law.

11. Returns

Returns are governed by our Return & Refund Policy. Eligible returns must be requested within 14 days of delivery and are subject to a 15% restocking fee, except as that policy provides.

A gemstone that has been mounted, set, recut, repolished, treated, engraved, damaged, or otherwise altered after delivery is no longer in its original condition and cannot be returned.

12. Gemstone Care

Gemstone durability varies considerably by species, treatment, inclusions, condition, and other factors. Any care guidance Otzera provides is general information only.

Otzera is not responsible for damage caused after delivery by cleaning, handling, setting, repair, alteration, storage, or work performed by a jeweler or other third party.

13. Collector and Market Commentary

Otzera may discuss rarity, desirability, collectibility, market history, geographic origin, or other characteristics relevant to collectors. That commentary is our professional assessment based on the information reasonably available at the time.

Nothing on the Site is financial, tax, or investment advice. We make no representation that any gemstone will hold or increase in value, or that it will appraise or resell at any particular amount. Appraisals commonly state replacement values that differ from retail purchase prices. An appraisal at a different value is not a basis for a return or a claim.

14. Disclaimer of Warranties

Otzera stands behind the written description of each gemstone as set out in its listing, and your remedies for a gemstone that is materially not as described are set out in our Return & Refund Policy.

EXCEPT AS EXPRESSLY STATED IN THE PRODUCT LISTING AND OUR RETURN & REFUND POLICY, THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, OTZERA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OTZERA AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITY, OR LOSS OF ANTICIPATED VALUE, ARISING FROM YOUR USE OF THE SITE OR ANY PURCHASE.

OTZERA’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO A PURCHASE WILL NOT EXCEED THE AMOUNT YOU PAID OTZERA FOR THE PRODUCT, OR THE GEM CLUB MEMBERSHIP MONTH, GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability or rights that cannot be excluded or limited under applicable law.

16. Indemnification

You agree to indemnify and hold harmless Otzera and its members, managers, employees, and agents from any claims, losses, and expenses, including reasonable attorneys’ fees, arising from your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

17. Intellectual Property

The Otzera name and logo, the Otzera 50 and O50 system, the Otzera Passport and its presentation, and the photographs, videos, product descriptions, educational content, graphics, and other original content on the Site are owned by or licensed to Otzera LLC.

You may view Site content for your own personal shopping and educational purposes. You may not copy, scrape, republish, reproduce, or exploit Otzera content for any commercial purpose without our written permission.

18. Website Use

You may not use the Site for any fraudulent or unlawful purpose, interfere with its operation, introduce malicious software, impersonate another person, attempt unauthorized access, or use automated systems to collect content or data.

We may suspend or restrict your access to the Site or your account at any time where we reasonably believe it is necessary to protect Otzera, our customers, or our systems.

19. Third-Party Services

The Site relies on third-party services, including Shopify, payment processors, shipping carriers, insurers, analytics providers, and other technology providers, which operate under their own terms and privacy practices. Otzera is not responsible for third-party websites or services outside our control.

20. Payment Disputes and Chargebacks

If you believe a charge is incorrect, contact us at hello@otzera.com before disputing it with your card issuer. Most concerns can be resolved faster directly.

If you dispute a charge for an order that was delivered as described, or for a Gem Club renewal you authorized, we will provide your card issuer with the order records, delivery confirmation, and these Terms. We may suspend your account or Gem Club membership while a dispute is pending. A dispute resolved in our favor does not relieve you of payment for the merchandise.

21. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules, except that Section 22 is governed by the Federal Arbitration Act. Subject to Section 22, any court proceeding permitted under these Terms will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you and Otzera consent to the personal jurisdiction of those courts.

22. Dispute Resolution, Binding Arbitration, and Class Action Waiver

a. Informal resolution first. Before starting arbitration or a small-claims case, you and Otzera each agree to try to resolve any dispute informally. The party raising the dispute must send a written notice to the other. Notices to Otzera go to hello@otzera.com and to Otzera LLC, 5 S Wabash Ave, Suite 315, Chicago, Illinois 60603, Attention: Legal. The notice must include your name, order number, a description of the dispute, and the relief sought. If the dispute is not resolved within 30 days after the notice is received, either party may proceed. Applicable limitation periods are paused during this 30-day period.

b. Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any product or Gem Club membership, or your relationship with Otzera (a “Dispute”) that is not resolved informally will be resolved by binding arbitration on an individual basis. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, which are available at adr.org. Fees are allocated as those rules provide. The arbitrator may award the same individual relief a court could award, but only to the individual party seeking relief and only to the extent necessary for that party’s individual claim. Hearings may take place by video or telephone, or in person in Cook County, Illinois, or the county where you live. Judgment on the award may be entered in any court with jurisdiction.

c. Exceptions. Either party may instead bring an individual claim in small claims court in Cook County, Illinois, or the county where you live, if the claim qualifies. Either party may also go to court to seek an injunction against infringement or misuse of its intellectual property or unauthorized access to the Site.

d. Class action and jury trial waiver. You and Otzera each agree to bring Disputes only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. YOU AND OTZERA EACH WAIVE THE RIGHT TO A JURY TRIAL.

e. Mass filings. If 25 or more similar arbitration demands are filed against Otzera by or with the assistance of the same law firm or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules and related fee schedule will apply. Limitation periods are paused for demands waiting to be administered.

f. Severability. If the class action waiver in subsection (d) is found unenforceable as to any claim, or a claim seeks public injunctive relief that cannot be arbitrated under applicable law, that claim alone will be severed and decided by a court in Cook County, Illinois, after the arbitration of all other claims is complete. The court, not the arbitrator, decides whether subsection (d) is enforceable. All other questions of arbitrability are for the arbitrator.

g. Changes and survival. If we change this Section 22, the change will not apply to any Dispute of which Otzera had notice before the change. This Section survives the end of your relationship with Otzera.

23. Changes to These Terms

We may update these Terms as our business or legal obligations change by posting a revised version with a new “Last updated” date. The version in effect when you place an order applies to that order. For Gem Club memberships, changes apply to renewals after we notify you, as described in our Cancellation Policy.

24. General

These Terms, together with the policies referenced above, are the entire agreement between you and Otzera regarding the Site and your purchases. If a policy addresses a subject more specifically than these Terms, that policy controls on that subject. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, and we may assign them to a successor. Otzera is not liable for delay or failure caused by events beyond our reasonable control. You agree that we may communicate with you electronically, and that electronic communications satisfy any requirement that a communication be in writing.