Legal

General Conditions

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

Moreover these general conditions apply to all contracts concluded with SandGems bv and they contain all mutual rights and obligations between the client and SandGems bv. The client declares that previously to the conclusion of any contract with SandGems bv he took notice of the general conditions as published on the website and declares expressly to accept them.

This website has been created and is managed by SandGems bv, 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

1.2. Scope of Application

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

Unless expressly agreed otherwise in written form, no derogations to the present general conditions will be accepted. The client's own general and/or billing conditions will never apply to contracts concluded with SandGems bv. SandGems bv's products are sold worldwide.

1.3. Object, Offers and Mistakes

Intellectual property rights: It is forbidden to use the commercial name and brand 'SandGems bv' and/or 'SANDGEMS' and to use, copy, reproduce, modify, disclose, distribute, supply or retail products under the SandGems brand or to transfer any rights to third parties. The client commits himself to indemnify and guarantee SandGems bv against all claims or lawsuits of third parties for damages caused by infringements of these obligations.

Stocks and Offers: The products shown on SandGems bv's website give a partial overview of the complete offering. The possible product price mentioned on the website does not constitute a definite price offer. In case of unavailability of the product, and even if the client has transferred money to SandGems bv, this does not bind SandGems bv to deliver and SandGems bv can decide to repay the same sum. SandGems bv commits itself to communicate as soon as possible the reason for any repayment.

Mistakes and clerical errors: Information, pictures and descriptions on the website of SandGems bv are as precise as possible, but SandGems bv cannot be held liable for mistakes, clerical errors, erroneous mentions or lack of information.

Pictures and Videos: SandGems bv endeavours to give a realistic and detailed representation of its products through photographs and video footage. All images and videos are taken under controlled lighting conditions and are as close as possible to the actual appearance of the stone. However, the client must be aware that each screen is calibrated differently, and that lighting conditions, camera settings and display technology may cause colours, saturation and brilliance to appear slightly different from the physical stone. These visual representations do not constitute a guarantee of exact appearance and shall not be grounds for dispute or return, provided that the gemstone matches its certified specifications. This provision is without prejudice to the statutory rights of consumers set out in Article 5.

1.4. Policy Towards Ethical Sourcing of Gemstones

We ensure all our gems and diamonds are ethically sourced, giving you peace of mind that people and the planet have been treated fairly. Despite the lack of full transparency in the gemstone trade, SandGems bv works with reputable suppliers who strive to closely track stones from mine to market, supporting environmental protection, fair labour practices, and a tight chain of custody to ensure traceability and transparency.

1.5. Policy Towards Conflict (Blood) Diamonds

SandGems bv 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 Certification System.

Article 2. Availability, Identification, Security

2.1. Availability

The SandGems bv website will be available every day, 24 hours a day.

2.2. Access and Use

SandGems bv endeavours to secure as much as possible the communication line for access to and use of the website. For this purpose SandGems bv can at any moment change the access procedure, the identification mode, and the security measures required by 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 SandGems bv. The access to these parts without using the password is strictly forbidden. The client has to keep the received password secret and must inform SandGems bv immediately in case his password has been disclosed to third parties.

2.4. Suspension of the Service

SandGems bv is entitled to suspend the services of its website when maintenance, modifications and improvements have to be done. If possible, SandGems bv will warn the client beforehand. In case of a technical incident, force majeure or urgency, interruptions could occur without previous warning.

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. SandGems bv guarantees that its product offer gives a correct and transparent overview of prices. VAT, local taxes, import and export charges and taxes, and delivery costs will be calculated in function of the place of delivery.

SandGems bv is entitled to correct evident pricing errors, even after conclusion of the contract. In such cases, a representative of SandGems bv will contact the client to offer the possibility to either pay the price difference or renounce the purchase.

Article 4. Rights and Obligations of the Parties – Liability

4.1. Use of Systems / Connection

SandGems bv waives any liability for damages caused by dysfunctions of the hardware and/or software systems used to have access to the SandGems bv website.

4.2. Security and Precautions

The client is obliged to notify SandGems bv immediately of all problems related to the access and use of the website of SandGems bv.

4.3. Unavailability of the Website

SandGems bv waives any liability for damages caused by temporary or final unavailability of its website.

4.4. Liability of SandGems bv

SandGems bv waives any liability for damages to the client or to third parties caused by:

Article 5. Returns, Refunds and Cancellations

5.1. Scope and Application

SandGems bv supplies primarily to professional buyers — jewellers, designers, and members of the international coloured-gemstone trade. The members area of this website is reserved for trade buyers holding a verified VAT identification. Where a private individual nevertheless purchases from SandGems bv as a consumer within the meaning of Art. I.1, 2° of the Belgian Code de droit économique, the consumer benefits from the statutory protections set out in §5.3 and §5.4 below. Those statutory protections prevail over any contrary provision of these general conditions.

5.2. Trade Buyers (Professional / B2B)

Sales to professional buyers are final. The buyer is required to inspect the goods upon receipt and to notify SandGems bv in writing of any visible defect, non-conformity, or other complaint within seven (7) calendar days of receipt. After expiry of this period the goods are deemed accepted.

Returns by trade buyers, where exceptionally accepted by SandGems bv on a case-by-case basis, are at the buyer's expense for all costs — outbound shipping, return shipping, insurance, and any customs, VAT, or other fiscal charges arising in either direction. SandGems bv reserves the right to deduct from any refund the diminished value of returned goods, including but not limited to broken certification seals, physical damage, missing certification documents, or any handling beyond ordinary trade inspection.

Liability for hidden defects within the meaning of Art. 1641 of the Belgian Civil Code remains governed by Belgian law. SandGems bv's liability for hidden defects in B2B sales is limited, at SandGems bv's option, to repair, replacement or refund of the invoice price, and shall not extend to consequential damages, lost profits or third-party claims.

5.3. Consumers — Right of Withdrawal (14 Days)

A consumer who purchases at a distance from SandGems bv has the right to withdraw from the contract, without giving any reason, within fourteen (14) calendar days from the day on which the consumer (or a third party indicated by the consumer, other than the carrier) acquires physical possession of the goods. This right is set out in Art. VI.47 of the Belgian Code de droit économique.

To exercise the right of withdrawal, the consumer must inform SandGems bv of the decision by an unequivocal statement — by email to info@sandgems.com, or by post to SandGems bv, Schupstraat 9-11, box 21, bus 171, 2018 Antwerpen, Belgium. The model withdrawal form set out in §5.7 below may be used but is not mandatory. The withdrawal deadline is met if the communication is sent before the fourteen-day period expires.

Exceptions to the right of withdrawal. Pursuant to Art. VI.53 of the Belgian Code de droit économique, the right of withdrawal does not apply, in particular, to gemstones supplied to the consumer's specifications or clearly personalised. This includes, without limitation: bespoke stones sourced through the Request-a-Stone service, custom cuts commissioned by the consumer, and stones modified, set or altered at the consumer's request prior to delivery.

Effects of withdrawal. On valid withdrawal, SandGems bv shall reimburse to the consumer (a) the purchase price of the goods, and (b) the standard delivery cost the consumer paid to receive the goods. Where the consumer elected a delivery method more expensive than the standard insured method offered by SandGems bv, only the cost of the standard method is reimbursed. Reimbursement shall be made within fourteen (14) days of the day on which SandGems bv is informed of the decision to withdraw, using the same means of payment as the consumer used for the original transaction, unless the consumer expressly agrees otherwise. SandGems bv may withhold reimbursement until it has received the goods back, or until the consumer has supplied evidence of having sent the goods back, whichever is the earliest.

Return of the goods. The consumer shall send the goods back to SandGems bv without undue delay and in any event not later than fourteen (14) days from the day on which the decision to withdraw is communicated. The deadline is met if the goods are dispatched before the fourteen-day period expires.

Cost of returning the goods. In accordance with Art. VI.51 §1 of the Belgian Code de droit économique, and as expressly disclosed in these general conditions before conclusion of the contract, the direct cost of returning the goods shall be borne by the consumer. Given the value of the goods, the consumer shall return the goods by fully insured carriage (Malca-Amit, Brinks, FedEx Priority Insured, or equivalent), with declared value matching the invoiced value, and with SandGems bv named as recipient at the address above. Where the goods are dispatched from outside the European Union, the return shipment must be declared as returned goods for customs purposes; any customs charges, import VAT or local taxes paid by the consumer in the country of receipt are not reimbursable by SandGems bv and may, where applicable, be recoverable by the consumer from the relevant local tax authority.

Diminished value. The consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods (Art. VI.51 §2). For gemstones, ordinary loupe inspection by the consumer or a third party (such as a jeweller) is permitted and does not give rise to a deduction. The following types of handling shall ordinarily reduce the value of the goods and may be deducted from the reimbursement: breakage of the certification seal or removal of the stone from its sealed certification holder; loss, damage or absence of the original certification document or original packaging; physical damage to the stone, including chips, scratches, fractures, or polishing marks; setting, mounting, re-cutting, or alteration of the stone; and the application of cleaning agents, solvents, ultrasonic treatment or other treatments to the stone.

5.4. Consumers — Legal Warranty of Conformity (2 Years)

Independently of, and in addition to, the right of withdrawal under §5.3, a consumer benefits from the legal warranty of conformity provided by Articles 1649bis et seq. of the Belgian Civil Code, as amended by the Law of 20 March 2022 transposing Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods.

Where the goods supplied are not in conformity with the contract — for example, where the gemstone does not correspond to its certification, to the description given by SandGems bv, or to such characteristics as the consumer may reasonably expect having regard to that description — the consumer has the right, free of charge, to repair, replacement, proportionate reduction of the price, or termination of the contract, in accordance with the hierarchy and conditions set out by law.

For claims under the legal warranty of conformity:

Where SandGems bv reasonably disputes the alleged non-conformity, the goods may be submitted for independent verification to an accredited gemmological laboratory (GIA, SSEF, Gübelin, GRS or equivalent) before resolution. Pending such verification, SandGems bv shall act in good faith and keep the consumer informed of the timeline.

5.5. Form of Refund

Refunds under §5.2, §5.3 or §5.4 shall be made by the original payment method used by the buyer for the underlying transaction, unless the buyer expressly agrees otherwise. Where the original payment was made by bank transfer, refund shall be made by bank transfer to the originating account. SandGems bv shall not be required to refund into a third-party account.

5.6. Pre-Refund Inspection and Anti-Fraud

SandGems bv reserves the right to inspect any returned gemstone before processing a refund, including by reference to its certification document, the photographic record taken by SandGems bv at dispatch, and, where reasonably necessary, independent verification by an accredited gemmological laboratory. Where the returned item is not the item originally dispatched, or where the certification document or seal has been tampered with, SandGems bv may withhold the refund in whole or in part and shall reserve all rights at law.

5.7. Model Withdrawal Form (Consumers Only)

To: SandGems bv, Schupstraat 9-11, box 21, bus 171, 2018 Antwerpen, Belgium — info@sandgems.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods:

— Description of goods / stock number: …………………………
— Date of order: …………………………
— Date of receipt: …………………………
— Name of consumer(s): …………………………
— Address of consumer(s): …………………………
— Signature of consumer(s) (only if this form is notified on paper): …………………………
— Date: …………………………

Article 6. Applicable Law and Jurisdiction

All contracts concluded with SandGems bv are governed by Belgian law. Any disputes shall be submitted to the competent courts of Antwerp, Belgium.

Last updated: 22 May 2026. SandGems bv, Schupstraat 9-11, box 21, bus 171, 2018 Antwerpen, België