For Consumers
Scope
● These General Terms and Conditions apply to all legal transactions between INFINITY GEMSTONE COMERCIO E EXPORTAÇÃO DE PEDRAS PRECIOSAS LTDA, (R. Rio Claro 217, Prado, Belo Horizonte, Minas Gerais, Brazil, ZIP 30.411.148) on one hand, and national and foreign consumers (hereinafter referred to as “Buyer” or “you”) on the other hand. The legal relationship between Infinity Gemstone and the Buyer shall be governed by the following contractual and commercial terms and conditions in the specified order:
The underlying offer of the respective individual contract;
These general terms and conditions, including the warranty conditions and the overview of shipping costs.
● Notwithstanding the above order of precedence, these General Terms and Conditions, along with the warranty conditions and shipping costs overview, shall apply exclusively unless otherwise agreed in writing. This means that no other terms and conditions of the buyer will apply. This also applies if the buyer bases the conclusion of the contract on their own GTC.
● A consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activities. The Buyer declares that they are entering into the legal transaction with Infinity Gemstone as a consumer and are not purchasing the item for resale or other commercial purposes.
● The General Terms and Conditions for legal transactions with entrepreneurs can be found here. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activities.
Conclusion of Contract
● A legal transaction between Infinity Gemstone and the respective buyer is concluded as follows:
Express declaration of acceptance of an order placed by the Buyer via Infinity Gemstone’s online store (infinity-gemstone.com)
Buyer’s signature on the offer presented in writing by Infinity Gemstone.
● The conclusion of a contract does not have to occur at the premises permanently used by Infinity Gemstone for its business purposes, but can also occur outside those premises. The withdrawal rights as per points 10 and 11 shall apply accordingly in such cases.
● The presentation of purchase objects in the virtual store is subject to change and therefore does not constitute a binding offer for the conclusion of a contract by Infinity Gemstone. The Buyer is merely invited to make an offer by completing the ordering process (by pressing the “Order with payment obligation” button).
● All information on the Infinity Gemstone website (infinity-gemstone.com) is provided without a guarantee of accuracy or completeness. Infinity Gemstone reserves the right to make changes at any time.
Purchase Object
● The object of purchase is one or more gemstones of the quality stated in the respective offer (the attached certificate) (in summary, “purchase object”). The quality of the purchased item is guaranteed by our certificates of authenticity and guarantee. IGC (Infinity Gemstone Certification).
● Infinity Gemstone does not guarantee any stability in value or increase in value of the purchase object after the conclusion of the contract.
Fulfillment
● Infinity Gemstone has duly fulfilled the contract if it has made the purchase object available for collection as agreed, or has delivered the purchase object to a shipping company contracted by the buyer, as agreed (see point 5.2), or if the purchase object has been delivered to the buyer as agreed (see point 5.1).
● Before full payment of the purchase price for the respective purchase object, Infinity Gemstone is not obliged to make the purchase object available for collection or to dispatch it. If this occurs, point 7 (retention of title) shall apply accordingly.
Shipping, Delivery, and Transfer of Risk
● If Infinity Gemstone ships the purchase object, the risk of loss or damage to the goods shall be transferred to the Buyer as soon as the purchase object is delivered to the Buyer or a third party designated by the Buyer and not the carrier.
● However, point 5.1 does not apply if the buyer has contracted a shipping company without using a shipping company suggested by Infinity Gemstone. In this case, the risk will already pass to the Buyer when the purchase object is delivered to the shipping company. In this case, it is the Buyer’s responsibility to arrange adequate transport insurance for the shipment of the purchase object.
● If the purchase object is delivered with obvious transport damage, the Buyer must notify Infinity Gemstone in writing as soon as possible. Failure to make a complaint will not affect any legal claims and their enforcement, in particular, warranty rights.
● If no other method of delivery or shipping of the purchase object is agreed upon, the purchase object shall be assumed by the Buyer in person at the registered headquarters of Infinity Gemstone (R. Rio Claro 217, Prado, Belo Horizonte, Minas Gerais, Brazil, ZIP 30.411.148) during its business hours. In this case, the Buyer will be separately informed of the availability of the purchase object for acceptance.
● Notification of availability can be communicated or transmitted to the Buyer by phone or electronically. The collection period is 15 business days from the day of notification of readiness.
● If a person other than the Buyer assumes the purchase object, the person assuming must present a written power of attorney to Infinity Gemstone. However, Infinity Gemstone may refuse to deliver the goods to an authorized third party if there are justified reasons to believe that the power of attorney presented is false or was not issued by the Buyer. If the collection period as per point 5.4 expires and the identity is not clarified, or if the goods are not received by the Buyer within 3 business days as agreed, the consequences of default shall apply (see point 7.3).
Purchase Price, Billing, and Payment Terms
● All purchase prices are quoted in euros and include the legal value-added tax.
● No shipping costs are included. They are shown separately and must be paid by the Buyer.
● Payment of the purchase price must be made from the billing date as stipulated by Infinity Gemstone.
● Upon issuance of the corresponding invoice, payment of the purchase price shall be made by electronic transfer to the following bank account:
Agency: 0466 CC: 0074432-8
PIX Key, CNPJ: 57.309.515/0001-95
INFINITY GEMSTONE C. E. P. P LTDA
Payments will be processed via Stripe.
● The relevant payment period is 14 days from the invoice date. This applies to invoices for initial payments as well as any remaining purchase price.
● Cash payment is excluded unless otherwise agreed in writing. In this case, the transaction will be settled step by step, i.e., payment of the purchase price against delivery of the purchase object.
● All payments made by the Buyer will be applied first to auxiliary costs (e.g., shipping costs), then to any interest, and finally to the purchase price.
Delay and Withdrawal
● If the agreed delivery date is postponed, the Buyer may terminate the contract in writing by setting a grace period of at least 15 business days from the originally agreed delivery date. In the event of delayed payment, Infinity Gemstone may charge the Buyer reasonable reminder fees and default interest at a rate of 4% per annum on the outstanding purchase price. Default interest will begin accruing from (and including) the date of the first reminder until full payment of the purchase price.
● If the purchase object is made available for collection by Infinity Gemstone and is not collected by the Buyer as agreed, the storage costs incurred due to the Buyer’s failure shall be borne by the Buyer. Any other claims shall remain unaffected. Infinity Gemstone’s liability for damage caused by slight negligence is excluded unless there is insurance coverage.
● Infinity Gemstone may terminate the purchase contract in writing after the collection period has expired without results. The company may, at its discretion, set a reasonable period for the collection of the purchase object. In the event of contract termination, the Buyer will be refunded any amount already paid, less incurred costs and a reasonable handling fee.
Retention of Title
● If the purchase object is delivered to the Buyer before full payment of the purchase price, including additional expenses (e.g., shipping costs), the purchase object remains the property of Infinity Gemstone until full payment, including additional expenses.
Warranty
● Any warranties granted by Infinity Gemstone on a purchase object are subject to their own guaranteed conditions. Warranty claims do not limit the Buyer’s legal warranty rights.
Liability
● Infinity Gemstone is only liable for damages caused culpably. Infinity Gemstone is not liable for loss of profit, loss of interest, loss of savings, and other consequential damages, as well as for third-party claims in cases of slight negligence. However, this limitation of liability does not apply to compensation for personal injury.
Right of Withdrawal According to Distance and Off-Premises Contract Laws
The consumer may withdraw from a distance or off-premises contract within 7 days without needing to state reasons.
● The withdrawal period begins on the day the consumer or a third party designated by them and not acting as the carrier acquires possession of the goods:
If the consumer has ordered multiple goods in the same order that are delivered separately, on the day the consumer or a third party designated by them acquires possession of the last goods delivered;
When goods are delivered in installments, on the day the consumer or a third party, different from the carrier, and designated by them, takes possession of the last installment.
● The Buyer does not have a right of withdrawal in particular if:
The purchase object was manufactured according to the customer’s specifications or was clearly tailored to personal needs; or
The price of the purchase object depends on fluctuations in the financial market over which Infinity Gemstone has no control and which may occur within the withdrawal period.
● The withdrawal is considered timely if the withdrawal declaration is sent before the end of the withdrawal period.
● The consequence of withdrawal is the reversal of the respective contract. Any services rendered must be returned by both Infinity Gemstone and the Buyer.
Exercising the Right of Withdrawal
The form must be completed and sent by mail to R. Rio Claro 217, Prado, Belo Horizonte, Minas Gerais, Brazil, ZIP 30.411.148 or electronically to sales@infinity-gemstone.com.
Complaints and Alternative Dispute Resolution
You can submit your complaint directly to Infinity Gemstone at sales@infinity-gemstone.com.
LGPD – General Data Protection Law
The processing of personal data necessary for the provision of services by Infinity Gemstone occurs exclusively based on the relevant legal provisions, in particular the General Data Protection Regulation (GDPR). More information can be found here.
Jurisdiction
The place of jurisdiction is the local court at the registered office of Infinity Gemstone.
Final Provisions
● The contract language is Portuguese.
● Changes to these General Terms and Conditions must be made in writing. This also applies to changes to this point. Oral ancillary agreements to these GTC do not exist.
● The invalidity of individual provisions of these GTC does not affect the validity of the remaining provisions.