Terms and conditions

These terms apply to everything you buy from Digital Gemology at digitalgemology.com: 3D files, cutting files and courses. Part A contains general provisions; Part B covers files; Part C covers courses; Part D covers the online tools; Part E contains the general legal provisions. Some provisions apply only to consumers or differ for business customers, as indicated.

Part A. General

Article 1. Definitions

Digital Gemology, we

Compliance Condo B.V., trading as Digital Gemology, as identified in Article 2.

Consumer

a natural person who is not acting for purposes relating to their trade, business, craft or profession.

Business customer

any customer that is a legal person, or a natural person acting for purposes relating to a trade, business, craft or profession, for example a gem cutter, jeweller, designer, manufacturer or school.

File

any digital file we supply, including 3D models (such as STEP, STL, OBJ, GLB, FBX and 3DM files), cutting files (such as GemCad .asc files), tier tables, faceting diagrams, certificates and previews, and any update to them.

Course

any online course or learning programme we offer, including its lessons, video, text, exercises and downloadable material.

Licence

the right to use a file or a course on the terms in Articles 9 and 16.

Digital content

data produced and supplied in digital form.

Durable medium

any means, including email, that lets information addressed to you personally be stored for future reference and reproduced unchanged.

Day

calendar day.

Article 2. Who we are

Article 3. When these terms apply

1. These terms apply to every offer we make on digitalgemology.com and to every agreement concluded through it.
2. These terms are available before you order, and you can save or print them. We also send them to you with your order confirmation.
3. If a product page states specific conditions in addition to these terms, and the two conflict, a consumer may always rely on whichever is more favourable to them.

Article 4. Consumers and business customers

1. Nothing in these terms takes away a consumer's mandatory statutory rights. Where a provision conflicts with mandatory consumer law, it does not apply to consumers to the extent of the conflict.
2. For business customers the consumer-specific provisions do not apply. In particular, business customers have no right of withdrawal, and the business provisions of Article 19 apply.

Part B. 3D files and cutting files

Article 5. What we offer

1. Each product page states what the download contains: which cut, which file formats, what else is included, and any measured figures. That description is part of the agreement.
2. Preview images are renders of the geometry in the files you are buying. They are computed images, not photographs of a cut stone, and are labelled as renders.
3. Where a cut is designed for a particular material, or a cutting file for a particular index gear, the product page says so.
4. If we make an obvious error in a price, such that no reasonable person could have taken it for a real offer, we may decline the order. We then refund you in full straight away and you owe us nothing. Otherwise we honour the price we published.

Article 6. The agreement and delivery

1. The agreement is concluded when you complete checkout and your payment is confirmed. We confirm the order by email straight away.
2. Files are delivered by download, normally immediately after payment. If a download is not available within 24 hours, tell us and we will send the files another way.
3. We keep your purchases available for re-download for as long as we sell the product, and for at least 12 months after purchase in any case. Please keep your own copy.
4. If we correct an error in a file you bought, we make the corrected version available to you free of charge.

Article 7. Prices and VAT

1. Prices are in euro. For consumers, the price shown includes VAT.
2. Digital files and courses sold to consumers in the European Union carry the VAT of the country where the consumer lives. The final price is shown at checkout before you pay, and the rate is based on the country evidence described in our Privacy Policy.
3. A business customer established in another EU member state that provides a valid VAT number may be invoiced without Dutch VAT under the reverse-charge mechanism.
4. We do not raise the price of an order after it has been placed.

Article 8. Payment

1. Payment is made at checkout through the methods offered there, processed by our payment provider. We never receive your card details.
2. We accept no cash payments, in any amount.
3. Files and course access are released once payment is confirmed.

Article 9. The file licence

1. You buy a licence, not the file. On payment we grant you a non-exclusive, worldwide, perpetual and non-transferable licence to use the files you bought on the terms of this Article, unless the product page states a different licence. All other rights are reserved.
2. You may:
   1. cut stones from a cutting file, in any quantity, and sell the stones;
   2. use a 3D model to design, render, prototype, cast or manufacture jewellery and other physical objects, and sell them;
   3. publish images, renders and animations you make with a file, including in your own marketing and product listings;
   4. modify and convert a file for your own use under this licence.
3. You may not:
   1. share, sell, give away, lend, upload or sublicense the file, or any modified, converted or re-exported version of it, whether on its own or as part of something else;
   2. include a file, or geometry derived from it, in another file product, pack, library, template, plug-in or marketplace listing;
   3. use a file to train, test or build any system that generates or reproduces geometry;
   4. remove the copyright notice or metadata that identifies a file as ours.
4. Who may use it. The licence belongs to the person or business that bought it. A business customer may let its own employees and contractors use a file for the business's own work. Anyone else needs their own licence.
5. If you seriously breach this Article, the licence ends and you must delete the files. Stones and objects you made and sold before the breach are not affected.
6. If you need rights this Article does not give, such as use across several companies or inclusion in your own product, ask us at [email protected]. We are open to it.

Article 10. Right of withdrawal (consumers)

1. As a consumer you normally have 14 days after concluding a distance contract to withdraw from it without giving a reason.
2. For files, that right ends when the download becomes available to you, but only if all three of these are true: you asked us, before paying, to make the files available straight away; you confirmed that you understood you would lose your right of withdrawal as a result; and we confirmed both in the order confirmation we sent you. This follows from Article 6:230p(g) of the Dutch Civil Code.
3. At checkout we ask for that request and that confirmation in so many words, and we do not tick the box for you.
4. If any of those three conditions is missing, you keep your right of withdrawal for 14 days from the day of the agreement, and if you use it you owe nothing, even for files you have already downloaded. You then have to delete them.
5. To withdraw, tell us within the period by email to [email protected] or in any other clear way. We refund you within 14 days, using the payment method you used, at no cost to you.
6. Losing the right of withdrawal does not affect your rights if a file is faulty. Those are in Article 11.

Article 11. If a file is faulty

1. We guarantee that each file matches its product description, opens correctly in current mainstream software for its format, and is complete. This is in addition to your statutory rights for digital content, which it does not limit.
2. If a file is missing, corrupt, incomplete or does not match its description, tell us. We will first repair or replace it, free of charge and within a reasonable time.
3. If we cannot repair or replace it, or do not do so within a reasonable time, you are entitled to a proportionate price reduction or, where the fault is not minor, a full refund.
4. A file is not faulty because it does not open in software that does not support its format, or because it does not suit a use the product page did not claim.

Article 12. Using cutting files and models

1. A cutting file describes geometry exactly. How a real stone turns out also depends on things outside the file and outside our control: the rough, its orientation and inclusions, the material's actual refractive index, the machine, the index gear, the laps and the skill of the cutter. We recommend a trial cut in inexpensive material before you cut valuable rough.
2. Measured figures, such as light return, describe the modelled geometry under a stated protocol. They are not a grading report, certificate, appraisal or valuation of any stone, and must not be presented as one.
3. The "Light Return" view is our own rendering. It is not an ASET® analysis or any certified light-performance measurement.
4. 3D models describe the stone's shape. Settings, prongs, seats and tolerances for manufacturing remain your design decisions.

Part C. Courses

We are preparing our first course. This Part applies from the moment courses are offered for sale, and a course page may add details specific to that course, such as how long access lasts.

Article 13. Enrolment and access

1. Enrolment is confirmed when your payment is confirmed. We send you a confirmation by email with the details of your access.
2. The course page states what the course includes and for how long you have access. If it states no period, access lasts for as long as we offer the course, and at least 12 months.
3. If we withdraw a course while your access period is still running, we refund the part of the price that relates to the time left.

Article 14. Right of withdrawal for courses (consumers)

1. Where a course consists of material you can access online, such as recorded lessons and text, it is digital content, and Article 10 applies to it in the same way as to files: your right of withdrawal ends when access starts, but only if you asked for access to start straight away, confirmed that you would lose the right, and we confirmed both to you.
2. Where a course includes a service delivered over time, such as live sessions or personal feedback, you may withdraw within 14 days. If you asked for the service to start within that period, you pay a proportionate amount for what was provided up to your withdrawal.
3. Withdrawal works as described in Article 10.5.

Article 15. Course content

1. We may improve, update or reorder lessons during your access period. We will not remove anything that was an essential part of what the course page described when you enrolled.
2. If course material turns out not to be as described, Article 11 applies to it as it applies to files.
3. A course teaches methods. It is not a qualification recognised by any public authority unless the course page expressly says otherwise.

Article 16. The course licence

1. Course access is personal to the person who enrolled. We grant you a non-exclusive, non-transferable licence to follow the course and to keep, for your own use, anything the course offers for download.
2. You may not share your access, and you may not record, copy, re-publish or sell the lessons or course material.
3. What you learn is yours to use however you like. That is the point of it.
4. If files are included with a course, Article 9 applies to them.

Part D. Online tools

Article 17. Brilliani Labs tools

1. Our diamond simulation tools are currently provided at brillianilabs.com, under the Brilliani Labs terms and conditions.
2. When the tools are offered on digitalgemology.com, we will add the terms that apply to them to this page before they are available here.

Part E. General provisions

Article 18. Intellectual property

1. All intellectual property rights in the files, the courses, the site and its content belong to Compliance Condo B.V. or its licensors. You receive only the licences described in Articles 9 and 16.
2. Our position on trade marks, traditional cuts and the names of others is set out in our intellectual property notice.

Article 19. Liability

1. Nothing in these terms excludes or limits liability that cannot be excluded or limited under mandatory law, including liability for intent or deliberate recklessness, for death or personal injury, or under mandatory consumer protection.
2. For consumers: our liability is limited only to the extent mandatory law permits. Your statutory rights are unaffected.
3. For business customers: to the maximum extent the law permits, we are not liable for indirect or consequential loss, including loss of profit, turnover, data, goodwill or rough material, and our total liability arising from or in connection with an agreement is limited to the amount the business customer paid us in the 12 months before the event that caused the loss.

Article 20. Complaints

1. Send complaints, fully and clearly described, to [email protected] within a reasonable time after you discover the problem.
2. We answer complaints within 14 days of receipt. If a complaint needs longer, we acknowledge it within 14 days and tell you when to expect a full answer.

Article 21. Disputes and applicable law

1. Dutch law applies to agreements between us and to these terms. A consumer living in another country keeps the protection of the mandatory law of that country.
2. Before going to court, both parties will make a genuine effort to resolve the dispute together.
3. Disputes go to the competent court of the district of The Hague, unless mandatory law designates another court. A consumer may always bring a dispute before the court of their own place of residence. Consumers who would rather not go to court may seek free assistance from the European Consumer Centre in their country of residence via eccnet.eu. The European Commission's Online Dispute Resolution platform has been discontinued.

Article 22. Additional agreements

Additional or deviating agreements may not be to a consumer's disadvantage, and must be recorded in writing or in another form the consumer can store on a durable medium.

Article 23. Changes to these terms

We may change these terms, for example when our products or the law change. The version that applies to a purchase is the one in force when you made it, and a change never takes away rights under a licence you already hold. The version and date are stated at the top of this page.

Article 24. Contact