Akoya Sale Terms

1. General Terms

These Terms & Conditions (“Terms”) govern all purchases, transactions, quotations, deposits, reservations, and services provided by NITSUA (“Company,” “we,” “us,” or “our”). By placing an order, making a payment, requesting sourcing services, or otherwise engaging with us, the customer (“Customer,” “you,” or “your”) acknowledges and agrees to be legally bound by these Terms in their entirety.

All orders are subject to acceptance, inventory availability, supplier availability, pricing confirmation, and verification at our sole and absolute discretion. We reserve the unrestricted right to refuse, limit, suspend, or cancel any order, quotation, transaction, or customer relationship at any time and for any reason, including but not limited to: suspected fraud or abuse, pricing or listing errors, inventory discrepancies, supplier unavailability, compliance concerns, suspected resale activity, inability to verify payment unreasonable conduct or communications 

No order shall be deemed accepted until full or partial payment has been successfully received and confirmed by us.

We reserve the right to correct any clerical, pricing, typographical, descriptive, photographic, grading, or technical errors without liability.

 

2. Product Nature (Pearls & Natural Variation)

All products sold are cultured pearl and/or fine jewelry products and may contain natural, organic, or hand-finished materials. Pearls are natural products formed through biological processes. Variations in:

• color
• overtone
• orient
• luster
• nacre thickness
• shape
• surface characteristics
• matching
• size consistency

are natural, inherent, expected, and unavoidable.

No two pearls are identical. Minor or moderate differences between:

• product photos
• videos
• certificates
• previous purchases
• online representations
• customer expectations

shall not constitute defects, misrepresentation, non-conformity, or grounds for cancellation, refund, return, exchange, or dispute. 

Pearl colors may appear differently depending on:

• lighting conditions
• photography
• display calibration
• viewing environment
• skin tone
• personal perception

Color descriptions are approximate only and not guaranteed. Measurements, pearl sizing, strand lengths, weights, and grading descriptions are approximate and may contain commercially acceptable tolerances.

Market pricing for pearls and precious materials may fluctuate due to: harvest yields, exchange rates, supplier pricing, global market conditions, logistics and shipping costs, availability and sourcing conditions,  customs, import, or regulatory expenses,  custom production, labor, and processing costs. Accordingly, all pricing is subject to change without notice until an order is fully confirmed by us.

 

3. Grading & Classification Disclaimer

Any grading, classification, certification, terminology, or descriptive references are provided solely for identification, sourcing, comparative, inventory, educational, or marketing purposes.

Such references:

• are opinions and/or proprietary systems
• may vary between laboratories, suppliers, organizations, and markets
• are not guarantees of value, investment quality, resale potential, rarity, or future market performance
• do not constitute universal gemological standards unless expressly stated otherwise

Customers acknowledge that pearl grading is subjective by nature and may vary among experts, laboratories, dealers, and markets.

We do not guarantee that:

• any grading system will be recognized universally
• future appraisals will match provided classifications
• third parties will agree with any grading descriptions
• certifications will increase resale value

All descriptions are provided in good faith based on information available from suppliers, laboratories, industry organizations, and internal evaluation standards.

3.1 PSL (Pearl Science Laboratory) Certification

PSL is an independent third-party laboratory that provides reporting and analysis relating to pearl characteristics and quality attributes.

3.2 NGG (Noble Gem Grading) Certification

NGG is a proprietary grading, sourcing, and classification system used for internal quality evaluation, inventory segmentation, and product identification purposes only. NGG is not represented as a universal or internationally standardized gemological authority.

3.3 EPC (Ehime Pearl Committee) Certification

EPC is an industry-related organization associated with pearl evaluation, regional standards, and quality initiatives in Japan. EPC documentation primarily relates to origin identification and regional production standards and should not be interpreted as a universal gemological grading system.

3.4 TEN-NYO Listed Selection

“TEN-NYO listed selection” refers to an internal and/or supplier-based sourcing and classification designation used for inventory and marketing purposes. It is not an independent universal gemological certification or grading authority.

 

4. Pricing & Deposit Terms

All quotations, invoices, estimates, shipping timelines, and availability statements are non-binding until confirmed by us. A non-refundable deposit equal to 50% of the estimated order total, or a minimum of $700 USD (whichever is greater), is required before sourcing, allocation, reservation, customization, procurement, production, or processing may begin. 

For inventory items paid in full at the time of purchase and confirmed as immediately available, the deposit requirement may be waived at our discretion. 

Deposits compensate for sourcing efforts, supplier commitments, administrative allocation, inventory reservation, market risk, and opportunity costs and are therefore deemed earned upon receipt to the maximum extent permitted by law. For pre-made, sourced, reserved, supplier-held, or allocated items, order processing is deemed commenced immediately upon deposit receipt.

For custom or special-request orders:

• quotations and estimated timelines are approximate only
• timelines are not guaranteed
• supplier delays may occur
• modifications may increase lead time and pricing

Production or sourcing shall be deemed commenced once:

• a quotation is approved,
• sourcing authorization is provided,
• design approval is given,
• or procurement activities begin.

If a quotation is not approved within 5 calendar days, we may cancel the request at our sole discretion. Any refund, if issued, may be reduced for administrative, sourcing, currency conversion, payment processing, or supplier-related costs.

Once production, sourcing, procurement, reservation, allocation, or customization has commenced:

• orders become strictly final and non-cancellable
• deposits and payments become strictly non-refundable
• no chargebacks, reversals, or payment disputes shall be permitted except where prohibited by law

 

5. Shipping Policy & Risk of Loss

5.1 Order Pickup & Shipping Responsibility

Orders may be collected in person upon verification of identity and payment. If shipping is requested, shipment may be arranged through third-party carriers selected by us or requested by the customer.

Risk of loss, theft, delay, or damage transfers to the customer immediately upon:

• carrier acceptance,
• pickup,
• or transfer from our possession,

whichever occurs first.

We are not liable for:

• carrier delays
• lost packages
• theft
• customs delays
• failed delivery attempts
• address errors supplied by customers
• force majeure events

Shipping insurance, where available, is subject to carrier terms and claims procedures.

5.2 Delivery Estimates

All delivery dates and shipping timelines are estimates only and are not guaranteed under any circumstances. We shall not be liable for delays caused directly or indirectly by:

• suppliers
• customs authorities
• weather
• transportation disruptions
• labor shortages
• government actions
• carrier issues
• force majeure events
• events beyond our reasonable control

5.3 Customs, Duties & Taxes

Customers are not responsible for any applicable import-related charges, including but not limited to:

• import duties
• customs clearance fees
• taxes and regulatory charges imposed by customs authorities

We are responsible for only for customs duties and import-related charges. If we voluntarily assist with other customs or import matter, such assistance is provided without liability or guarantee. We are not responsible for delays arising from customs or other regulatory authorities.

 

6. Returns & Refund Policy (Pearl-Specific)

ALL SALES ARE FINAL unless otherwise required by applicable law or expressly approved by us in writing.

We maintain sole and absolute discretion regarding eligibility for:

• returns
• refunds
• exchanges
• store credit
• repairs
• replacements

6.1 Non-Returnable Items

Under no circumstances shall the following be eligible for return, refund, exchange, or cancellation:

• custom-made products
• sourced or reserved inventory
• made-to-order items
• modified or altered products
• resized or restrung items
• engraved products
• worn items
• damaged items
• special-request items
• discounted or promotional items
• items missing packaging or certificates

6.2 Strictly Eligible Returns (Limited Exceptions Only)

A return request may only be considered if:

• the incorrect item was shipped due solely to our verified error, and
• the item contains a material manufacturing defect confirmed by us upon inspection.

Natural pearl characteristics, grading differences, color variation, overtone variation, luster preference, and subjective dissatisfaction are not defects.

6.3 Inspection & Final Decision

All returned merchandise is subject to inspection by us and/or our designated specialists. We reserve sole and final authority to determine:

• authenticity
• condition
• eligibility
• refund amount
• replacement eligibility
• restocking deductions

Any indication of:

• wear
• alteration
• damage
• tampering
• unauthorized repair
• missing documentation

may result in rejection or partial reimbursement at our sole discretion.

 

7. Disputes & Resolution

Customers agree to contact us first to attempt good-faith resolution prior to initiating:

• chargebacks
• payment reversals
• disputes
• legal proceedings

We reserve the right to provide:

• signed invoices
• communications
• photographs
• certificates
• shipping records
• tracking information
• inspection findings
• supplier documentation

in defense of any payment dispute or chargeback.

Improper or fraudulent chargebacks may be pursued to the fullest extent permitted by law.

 

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• all products are provided “as is” and “as available”
• we disclaim all implied warranties, including merchantability and fitness for a particular purpose
• we shall not be liable for indirect, incidental, special, consequential, punitive, reputational, or economic damages 

Our maximum aggregate liability arising from any claim shall not exceed the amount actually paid to us for the specific product directly giving rise to the claim.

 

9. Legal Compliance

These Terms shall be governed by and interpreted under the laws of the applicable jurisdiction determined by us, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the courts selected by us, unless otherwise required by law. If any provision is deemed unenforceable, the remaining provisions shall remain fully enforceable.

 

10. Changes to Terms

We reserve the right to amend, revise, supplement, or replace these Terms at any time without prior notice.

The most current version published through our official website, store, invoice, quotation, or communication channels shall control and supersede all prior versions.