GENERAL CONDITIONS SAND FREDY B.V.

Use of the website

These General Conditions apply to the websites www.sandgems.com.


Moreover these general conditions apply to all contracts concluded with SAND FREDY B.V. and they contain all mutual rights and obligations between the client and SAND FREDY B.V.
The client declares that previously to the conclusion of any contract with SAND FREDY B.V.  he took notice of the general conditions as published on the website  www.sandgems.com and declares expressly to accept them.
This declaration of acknowledgment and acceptance is done by the”the website visitor or client via website” by an electronic confirmation and by the ‘non internet client” from the moment of agreement with the offer and the subsequent payment of the agreed amount.

This website has been created and is managed by SAND FREDY B.V., Schupstraat 9-11, box 21, bus 171, 2018 Antwerpen, België, KBO 0452004954, RPR Antwerpen.

Article 1. DEFINITIONS, SCOPE OF APPLICATION AND OBJECT
1.1.   Definitions

  • SAND FREDY B.V.:, with company seat at 2018 ANTWERPEN, Schupstraat 9-11, box 21, Bus 171, KBO 0899.153.57404520049545, RPR Antwerpen, acting under the commercial brands SAND FREDY B.V., SANDGEMS & www.sandgems.com

  • Website(s) : following website, managed by SAND FREDY B.V. : www.sandgems.com

  • Client: any person who accedes to the SAND FREDY B.V website and who has or not a contractual relation with SAND FREDY B.V;

  • Person: any natural person, a person created by law, or a factual association;

  • Products: the object of one or more contracts


 

1.2.   Scope of application

Website and point of sales of SAND FREDY B.V.

These general conditions apply to the use of SAND FREDY B.V. websites, to all SAND FREDY B.V. offers (via website or via the point of sales), and to all contracts concluded with SAND FREDY B.V. and contains the mutual rights and obligations of the client and SAND FREDY B.V.

Derogations

Unless expressly agreed otherwise in a written form, no derogations to the present general conditions will be accepted. All clauses which were not subject to derogation will remain fully in force.

General  and Billing Conditions of the client

The client's own general and/or billing conditions will never apply to the contracts concluded with SAND FREDY B.V.

Worldwide sales

SAND FREDY B.V.'s products are sold worldwide.


1.3.   Object, offers and mistakes

Intellectual property rights

It is forbidden to use the commercial names and brands ‘Sand Fredy B.V' and/or ‘SANDGEMS.' and to use, copy, reproduce, modify, disclose, distribute, supply, retail products under the Sandgems brand or to transfer any rights to thirds. The client commits himself to indemnify and to guarantee SAND FREDY B.V. against all claims or law suits of third parties, for damages caused by infringements of these obligations.

Stocks and Offers

The products shown and described on SAND FREDY B.V.'s website give a partial overview of the complete offering of SAND FREDY B.V. The possible product price mentioned on the website of SAND FREDY B.V. does not contain a definite price offer. Clients' expression of his intention to purchase a product is not enough to conclude a contract with SAND FREDY B.V. SAND FREDY B.V. refers to art. 1.4. of the present general conditions.
SAND FREDY B.V. aims at maintaining a stock of products shown and offered on her website. Yet SAND FREDY B.V. will never be able to guarantee that she can supply the product that the client is willing to buy. The client can always contact (by phone or mail) SAND FREDY B.V., to verify the availability of a product. SAND FREDY B.V. will do its utmost best to deliver the ordered products. In case of unavailability of the product, and even if the (potential) client has transferred money to Sand Fredy B.V by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Sand Fredy B.V to deliver and Sand Fredy B.V can still decide to repay the same sum. Of course Sand Fredy B.V commits itself to communicate as soon as possible the reason of repayment.

Mistakes and clerical errors

Information, pictures, descriptions on the website of SAND FREDY B.V. or the information given by email, by chat communication - and/or by phone are as precise as possible. But SAND FREDY B.V. can not be held liable for mistakes, clerical errors, erroneous mentions or lack of information.
When the client faces unclear information he can always contact a representative of SAND FREDY B.V. Contact data of SAND FREDY B.V. are mentioned in the present General Conditions and on the website or with a tailor-made quotation. In case of unavailability of the product, and even if the (potential) client has transferred money to Sand Fredy B.V by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Sand Fredy B.V to deliver and Sand Fredy B.V can still decide to repay the same sum. Of course Sand Fredy B.V commits itself to communicate as soon as possible the reason of repayment. When the price of a product, mentioned in the offer or a quotation, is different from the real price, a representative of SAND FREDY B.V. will contact the client, before expedition of the purchased product, in order to leave him the possibility to either pay the price difference, or to renounce the purchase. SAND FREDY B.V. apologises for the troubles which could be caused by this.

Pictures

SAND FREDY B.V. exerts herself to give a realistic and detailed picture of her products on her website. It could happen that a product is enlarged or reduced on the picture in order to allow the client to have a detailed view of the product. The client must be aware that each screen is calibrated in a different way so that image and colours can be slightly different from reality.

Availability

The client can not verify the availability of a product on the website of SAND FREDY B.V. The data concerning a product are subject to daily changes and do not bind SAND FREDY B.V. In case of unavailability of the product, and even if the (potential) client has transferred money to Sand Fredy B.V by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind Sand Fredy B.V to deliver and Sand Fredy B.V can still decide to repay the same sum. Of course Sand Fredy B.V commits itself to communicate as soon as possible the reason of repayment.

1.4 What is Sand Fredy B.V’s policy towards ethical souricing of Gemstones?

We ensure all our gems and diamonds are ethically sourced, giving you peace of mind that people & the planets have been treated fairly. There are currently no established bodies that trace the gemstone supply chain from mine to market, making transparent ethical sourcing of gemstones more difficult than with diamonds and metals. Gemstones, have complex supply chains because they are usually mined, cut, and sold in different countries.

Despite the lack of transparency in the gemstone trade, there are a growing number of reputable suppliers who strive to closely track stones from mine to market, aiming to support environmental protection, fair labour practices, and a tight chain of custody to ensure traceability and transparency.

1.5 What is Sand Fredy B.V’s policy towards conflict (blood) diamonds?

Conflict diamonds are diamonds that come from conflict areas, where local militia try to use diamonds to finance their activities. The Kimberley Process Certification System was set up to stop these diamonds to enter the world market by controlling the origin of diamonds from conflict areas.

The Kimberley Process is an international system that regulates diamond business in order to guarantee that they come from conflict-free areas. The Kimberley Certificate guarantees your diamond is not a 'conflict' diamond. It was determined that as from 2008, 99.9% of diamond transactions concerned non-conflict diamonds.

Obviously Sand Fredy Sand Fredy B.V has a zero-tolerance policy towards conflict diamonds. We only buy diamonds through the most respected diamond manufacturers who act in line with the standards set up by the Kimberley Process.

Via this link, you find more information concerning conflict diamonds and the Kimberley Process Certification System.

Article 2. AVAILABILITY, IDENTIFICATION, SECURITY
2.1.   Availability

The SAND FREDY B.V. website will be available every day, 24 hours a day.

2.2.   Access and use

To receive an offer from SAND FREDY B.V. via internet, the client has to identify himself and use the identification mode provided by the website. SAND FREDY B.V. exerts herself to secure as much as possible the communication line for ‘access to' and ‘use of' the website of Sand Fredy Sand Fredy B.V. For this purpose SAND FREDY B.V. can at any moment change the access procedure, the identification mode, the access to this identification mode and the security measures, required by i.e. the technical evolution.

2.3.   Use of a password

In some cases the client will have to use a password to access certain parts of the website(s) of
SAND FREDY B.V. The access to these parts without using the password is strictly forbidden. The client has to keep the received password secret. The client commits himself to inform SAND FREDY B.V. immediately in case his password has been disclosed to thirds or in case he received the password through person/company other than Sand Fredy Sand Fredy B.V. Any use of the services of SAND FREDY B.V., if required after the valuable identification of the password, will be considered as been executed by the client. In case SAND FREDY B.V. has reasons to believe that the security of her website is in danger, she will be entitled to alter the clients' password.

2.4.   Suspension of the service

Maintenance, modifications, improvements

SAND FREDY B.V. is entitled to suspend the services of her website and the connected systems when maintenance, modifications and improvements have to be done. If possible SAND FREDY B.V. will warn the client beforehand.          

Technical incidents, force majeure, urgency

In case of a technical incident, in case of force majeure or in case of urgency, interruptions could occur without previous warning. In case of a partial or a total denial of access to the website, Sand Fredy Sand Fredy B.V will -if possible- try to explain the reasons to the client. SAND FREDY B.V. refers to the provisions of art. 9 and 10 of the present general conditions.

Article 3. PRICES, METHODS OF PAYMENT AND PAYMENTS

3.1.   Prices

Quoted prices are not negotiable. Once the agreed price has been paid (fully or via partial payment), the price is fixed and will not be changed, whatever reason (promotions, etc) brought by the client.

 

Overview of prices and transparency

In general: SAND FREDY B.V. guarantees that her product offer gives a correct and transparent overview of prices and of all elements of that price.
Costs connected to the method of payment: Certain payment methods (see art.3.2. infra) can result in additional costs. This will be clearly communicated to the client.
Calculation of the costs: VAT, local taxes, import and export charges and taxes, delivery costs, will be calculated in function of the place of delivery.

 

Errors in the price offers

SAND FREDY B.V. is entitled to correct errors (of manipulation), like -but not exclusively- evident mistakes, even after conclusion of the contract. SAND FREDY B.V. refers -when required so- to art. 1.3. ‘Errors and mistakes and erroneous mentions' and to art.1.4. of the general conditions.

 

Article 4. RIGHTS AND OBLIGATIONS OF THE PARTIES – LIABILITY

4.1. Use of  systems/connection

SAND FREDY B.V. waives any liability for damages caused by dysfunctions of the hardware and/or of the software systems and all devices referred to these systems, which are used to have access to the website of SAND FREDY B.V.

4.2. Security and precautions

The client is obliged to notify SAND FREDY B.V. immediately of all problems related to the access and use of the website of SAND FREDY B.V.

4.3. Unavailability of the website

SAND FREDY B.V. waives any liability for damages caused by temporarily or final unavailability of her website.

4.4. Liability of SAND FREDY B.V. 

SAND FREDY B.V. waives any liability for damages to the client or to thirds caused by:

  • All cases of force majeure. I.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond SAND FREDY B.V.'s will and control by which Sand Fredy B.V cannot partially or totally fulfil her obligations anymore and consequently does not grant the client any right for financial compensation or cancellation of the order.

  • The impossibility to establish the necessary connection to be supplied by a service, the interruption of this connection, whatever could be the reason, problems by sending and receiving services, if these problems are caused by thirds

  • Delays in execution or the non-execution of services by thirds as i.e. delays in or lack of transmission by communication providers contracted by the client.

  • Delays in execution or the non-execution of services by thirds contracted by the client.

  • Errors in data supplied by thirds to SAND FREDY B.V.;

  • The recurrent unavailability of the website(s) of SAND FREDY B.V. as a result of errors, omissions, interventions of thirds or technical defects, whatever their nature and/or origin.

Are i.e. contained in this provision concerning the unavailability of the website:

  1. Overloading of the network of the provider chosen by the client;

  2. Absence or neglect in maintenance of the maintenance service suppliers of SAND FREDY B.V.

  3. All cases of force majeure. I.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond SAND FREDY B.V.'s will and control by which Sand Fredy B.V cannot partially or totally fulfil her obligations anymore.

  4. Decisions and/or obligations imposed by Belgian or foreign authorities;

  5. Hypertext links on which SAND FREDY B.V. has no control and which give access to the website;

  6. Incomplete or erroneous information from third sources;

  7. Faults and negligence of the client himself.

4.5. Damages and interests

SAND FREDY B.V. will never be liable for damages caused by a supplied service or product – whatever the reason - for an amount which exceeds the amount of the invoice paid by the client for this service or product.

Article 5. INTELLECTUAL PROPERTY

  • The client expressly acknowledges that intellectual rights concerning the name, all transmitted information, all pictures, all communications or other expressions concerning the products and/or in the website are and remain exclusive property of SAND FREDY B.V., her suppliers or other holders of rights.

  • By intellectual property rights is meant, copyright, i.e. Images, text, logo, look and feel of the websie and all communications and other intellectual property rights as technical and/or commercial know-how, methods and concepts.

  • SAND FREDY B.V. refers to the provisions of the general conditions (see art. 1.3., 1st paragraph). Products sold under the SAND FREDY B.V. brand are protected by national and international laws (i.e. the intellectual property laws) and remain property of SAND FREDY B.V.

  • It is forbidden to use the commercial names and brands ‘Sand Fredy B.V' and/or ‘SANDGEMS.'

     

  • Nothing in the General Conditions nor any act of copying and/or downloading information can be considered as a partial or complete transfer of the intellectual property of SAND FREDY B.V. to a third party or to the client. The client will not infringe the intellectual property rights of SAND FREDY B.V.  The client is allowed to copy or to download his own data or the information which is his exclusive property, provided that he will not alter any copyright or restriction of liability clause or any other provision.

  • The client will indemnify SAND FREDY B.V., and hold her harmless against any claim or legal action of third parties for damages caused by infringements on this provision.

     

Article 6. PERSONAL DATA

SAND FREDY B.V. will treat personal data received from clients according the legal provisions concerning respect of privacy, as mentioned in her website.

Article 7. MODIFICATIONS TO THE GENERAL CONDITIONS

7.1. Publication of the modifications

Notwithstanding art.1.4. of the general conditions, SAND FREDY B.V. can modify the present general conditions, the possible prices on the website, the products and its offers at any time and will notify these changes to the client on her website. These changes are applicable as soon as they are published on the website.


 

7.2. Acceptance of the modifications

Use of the website after the publication of the modification of the general sales conditions means the acceptance of the modified version of the general conditions.
The client is requested to consult the general conditions at regular intervals.

Article 8. GENERAL PROVISIONS

8.1. The impossibility to fulfil, the nullity or the invalidity of one of the provisions of the present general conditions will not lead in any way to the impossibility to fulfil, the nullity or the invalidity of all other provisions of the present general conditions. In case the impossibility to fulfil, the nullity or the invalidity of one of the provisions of the present general conditions is certain, such a provision it will be held non existent...

8.2. Unless otherwise expressly agreed, not claiming a right or not applying a sanction,  will never result in the renouncement of any right whatsoever.

 

Article 9. SETTLEMENT OF CONFLICTS, APPLICABLE LAW AND JURISDICTION

9.1.Settlement of conflicts

SAND FREDY B.V. exerts herself to please its clients. When a conflict relating to the interpretation and/or the fulfillment of the contract and the present general conditions appears, the client will be invited to take contact as soon as possible with one of SAND FREDY B.V.s' representatives. SAND FREDY B.V. will exert herself to resolve the problems, the claims and the observations of the client in a constructive way, but always with reference to the ‘Terms & Conditions’. Furthermore, for disputes of a cross-border character you can appeal to the Online Dispute Resolution platform of the European Union via this link. Furthermore, as we consider the business integrity of our staff as our highest asset, we inform that any form of intimidation, defamation, threat, unreasonable behavior, offense or unfounded incrimination towards one of SAND FREDY B.V.s' representatives will not be tolerated and will directly result that the line of communication will be handed over to our specialized legal team. In this regard, we draw the attention on the fact that, as a matter of principle SAND FREDY B.V. will take all necessary legal measures (including launching court procedure) in order to protect itself against any form of intimidation, defamation, threat, unreasonable behavior, offense or unfounded incrimination.

 

9.2. Jurisdiction

When parties were unable to resolve the conflict in an amicable way, only the Courts of the judicial district of Antwerp, Belgium are authorized. These Courts will have exclusive jurisdiction for all issues conflicts and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the parties.The language used for legal disputes will be Dutch. In order to facilitate communication with the other party, SAND FREDY B.V.may decide - at its own discretion - to use the English language, but this is never to be considered as an obligation.

9.3. Applicable Law

All issues, questions and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the partiesshall only be governed and construed by Belgian law. No effect shall be given to any other choice of law or to any conflict-of-law rules or provisions (Belgian, foreign or international) that would result in the appliance of another law or in the appliance of the Vienna convention concerning international sales.

Article 10. MISCELLANEOUS PROVISIONS

The social seat of SAND FREDY B.V. is established at 2018 Antwerpen, België, Schupstraat 9-11, box 21, bus 171, KBO 0452004954, RPR Antwerpen.

For any questions, claims and observations concerning the services, the orders, the management, the privacy issues or the general conditions of SAND FREDY B.V., please contact :
- e-mail:info@sandgems.com
- telephone : +32 (0)3 232 54 11 (open every day from 9h till 12h and from14h till 16 h)
- address : SAND FREDY B.V., Schupstraat 9-11, box 21 bus 171, 2018 Antwerpen, België

 

Legal Information & privacy policy

1. Legal information

General information

The General Conditions apply to the website https://www.sandgems.com /  By using this website you commit yourself (hereafter the client) to accept and to respect these general conditions & the conditions explained under ‘legal information & privacy policy) as shown on https://www.sandgems.com/)
This website has been created and is managed by Sand Fredy B.V, Schupstraat 9-11, box 21, 2018 Antwerp, Belgium, KBO 0452004954, RPR Antwerp.

Intellectual property rights

SAND FREDY B.V. offers a products of high quality and standing under its own name and brand.


All products sold under SAND FREDY B.V.'s name and brand are protected by national and international law (i.e. intellectual property rights) and are property of SAND FREDY B.V.  It is forbidden to use the commercial names and brands ‘Sand Fredy B.V' and/or ‘SANDGEMS.' and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewellery under the Sand Fredy B.V brand or to transfer any rights to thirds.

The client commits himself to indemnify and to guarantee SAND FREDY B.V. against all claims or law suits of third parties, for damages caused by infringements of these obligations.

Responsibility & liability of Sand Fredy B.V

SAND FREDY B.V. refers as much as possible & whenever appropriate to the general conditions as publicized on www.sandgems.com.
SAND FREDY B.V. puts a lot of efforts into the accuracy & completeness of the information which is provided to the visitors of its website. Information, pictures, descriptions on the website of SAND FREDY B.V. or the information given by email and by phone are as precise as possible. Sand Fredy B.V pays the greatest attention to the information we share on our website. We cannot, however, guarantee that the given information is always completely without flaw or fault. If the given information contains an error which should be evident to the average consumer, we will not accept any liability for this error. When the client faces unclear information he can always contact a representative of SAND FREDY B.V. Contact data of SAND FREDY B.V. are mentioned in the present General Conditions and on the website.

When the price of a product, mentioned in the offer, is different from the real price, a representative of SAND FREDY B.V. will contact the client, before expedition of the purchased product, in order to leave him the possibility to either pay the price difference, or to renounce the purchase. SAND FREDY B.V. apologises for the troubles which could be caused by this.
As said, the information, software, products & services (“information”) which are proposed via this website can show deficiencies of all kind. Therefore, notwithstanding its objective to provide as accurate as possible information, Sand Fredy B.V waives any liability for damages to the client or to thirds caused by circumstances as explained in article 10 of the General Conditions.
The products described & visualized on www.Sandgems.com van SAND FREDY B.V. give an overview of the products of Sand Fredy Sand Fredy B.V.

The mentioning of a product on this website does not imply a firm offer. And the shown intention of visitor to acquire a product is insufficient to establish an agreement. Only after the visitor having endorsed its intention to buy by acceptance of the general conditions, Sand Fredy B.V can formulate an offer with a guaranteed and fixed price.
SAND FREDY B.V. has the explicit right to change any information (of any kind) on the site at any given point in time.

In some cases the client will have to use a password to access certain parts of the website(s) of
SAND FREDY B.V. The access to these parts without using the password is strictly forbidden. The client has to keep the received password secret.

The client commits himself to inform SAND FREDY B.V. immediately in case his password has been disclosed to thirds or in case he received the password through person/company other than Sand Fredy B.V. Any use of the services of SAND FREDY B.V., if required after the valuable identification of the password, will be considered as been executed by the client.

In case SAND FREDY B.V. has reasons to believe that the security of her website is in danger, she will be entitled to alter the clients' password.

2. Privacy Policy of Sand Fredy B.V (click here)

3. Questions, Complaints & Observations

For any questions, claims and observations concerning the privacy policy (and corresponding legal information) of Sand Fredy Sand Fredy B.V, please contact :
- e-mail: info@sandgems.com
- telephone : +32 (0)3 232 54 11 (open every day from 9h till 12h and from 14h till 16h)
- address : SAND FREDY B.V., Schupstraat 9-11, box 21, 2018 Antwerp, Belgium

 

Antwerp, 01 Januari 2020