1. Introduction & Scope
These General Terms and Conditions of Sale (the “Terms”) govern the sale of jewelry, gemstones, and related products (the “Products”) through the online store accessible at www.sosnagems.com (the “Online Store”).
Please read these Terms carefully before placing an order. These Terms apply exclusively to purchases made through the Online Store and form an integral part of the contract between you (“Buyer”) and the Seller as defined below. By placing an order on the Online Store, you acknowledge and agree to be bound by these Terms.
Operator (Global)
The Online Store is operated by:
SOSNA Gems Investments Inc.
7901 4th St N, Ste 300, 337-02 St. Petersburg, Florida, USA
Email: info@sosnagems.com
Website: www.sosnagems.com | Phone: +1 (727) 383-6970
European Branch (EU Customers Only)
For customers residing in the European Union, contracts are concluded with our European branch:
SOSNA Gems Investments a.s.
Školská 689/20, Nové Město, 110 00 Praha 1, Czech Republic
Company ID (IČO): 090 85 840 | VAT ID (DIČ): CZ09085840
Registered with the Commercial Register maintained by the Municipal Court in Prague, section B, insert 25252
Email: sale@sosnagems.com | Phone: +420 735 511 811
Scope of Application
- For customers within the European Union, these Terms are governed by the laws of the Czech Republic and the relevant provisions of EU consumer law, including Directive 2011/83/EU on consumer rights and related local regulations.
- For customers outside the European Union, these Terms are governed by the laws of the State of Florida, USA.
- In case of conflict between language versions of these Terms, the English version shall prevail.
Definitions
- “Seller” means SOSNA Gems Investments Inc. (for customers outside the EU) or SOSNA Gems Investments a.s. (for EU customers).
- “Buyer” or “you” means any individual or entity purchasing Products via the Online Store.
- “Products” means jewelry, gemstones, and related goods listed on the Online Store.
- “Order” means a purchase request submitted by the Buyer via the Online Store.
- “Order Confirmation” means the Seller’s email confirmation that an Order has been accepted, at which point a binding contract is formed.
- “Contract” means the sales contract formed between the Seller and the Buyer upon issuance of the Order Confirmation.
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“Business Day” means any day other than Saturday, Sunday, or a public holiday in the Seller’s jurisdiction.
2. Products and Availability
- The essential characteristics of the Products are described in the Online Store. We make every effort to ensure that descriptions, photographs, weights, and dimensions are accurate and up to date. However, slight variations may occur, particularly for natural gemstones and handcrafted jewelry.
- Photographs and images of Products are provided for illustrative purposes only and may not precisely represent the actual Product.
- All Products are subject to availability. We reserve the right to limit quantities, discontinue Products, or withdraw items from the Online Store at any time without prior notice.
3. Ordering Process
- Orders may be placed either:
- by creating a customer account, or
- by using guest checkout. - By submitting an order, the Buyer makes a binding offer to purchase the selected Product(s) under these Terms.
- The Seller reserves the right, at its sole discretion, to refuse or cancel any order, in particular in the following cases:
- if payment authorization is denied or delayed,
- if there is suspicion of fraud or illegal activity,
- if the Product is unavailable or out of stock,
- if there are errors in price or Product information,
- if the Buyer does not meet eligibility criteria under these Terms. - A binding sales contract (“Contract”) is formed only when the Buyer receives an Order Confirmation from the Seller by email.
- If a Product is unavailable after the Buyer has placed an order, the Seller will promptly inform the Buyer. In such case, the Buyer may either accept a revised delivery timeline or cancel the order and receive a full refund of any amounts paid.
4. Prices, Taxes and Duties
- Prices are displayed in the currency selected on the Online Store (USD, EUR, CZK, or other supported currencies).
- For customers within the European Union, prices include value-added tax (VAT) as required by law.
- For customers outside the European Union, prices are displayed exclusive of VAT. Import duties, taxes, and customs clearance fees applicable in the Buyer’s country are the sole responsibility of the Buyer.
- Shipping and handling costs, including full insurance of the shipment, are specified during the checkout process and confirmed before the order is finalized.
- The Seller reserves the right to change prices at any time. However, Products are invoiced based on the prices in effect at the time of Order Confirmation.
5. Payment Methods
Payment of the purchase price and any applicable shipping costs must be made in full before Products are dispatched.
The Seller accepts the following payment methods:
- Major credit and debit cards (Visa, Mastercard, American Express),
- Bank transfer (where available),
- Alternative payment methods supported by Shopify Payments (including Apple Pay, Google Pay, PayPal, and other region-specific options),
- Selected cryptocurrencies via Lunu.
5.1 Payment Processing (Shopify Payments)
- Payments are securely processed through Shopify Payments.
- No Products will be shipped until payment has been fully received and cleared.
- The Buyer must provide accurate billing information. The Seller reserves the right to verify the Buyer’s identity and payment details prior to shipment.
- Security checks may be carried out and may result in delays in processing or delivery.
- The Seller reserves the right to refuse or cancel an order if payment is not authorized or if fraud is suspected.
5.2 Cryptocurrency Payments (Lunu)
- Cryptocurrency payments are processed through Lunu.
- A purchase contract is deemed concluded once the cryptocurrency transaction is confirmed on the relevant blockchain.
- Cryptocurrency transactions are irreversible once confirmed.
- All blockchain network fees and payment processor fees (including those charged by Lunu) are the sole responsibility of the Buyer and are non-refundable.
Refunds for Cryptocurrency Payments
- Refunds for purchases originally paid in cryptocurrency will be issued in fiat currency (USD or EUR), at the Seller’s discretion.
- Refunds will not be made in cryptocurrency unless expressly agreed in writing by the Seller.
- The Seller is not responsible for fluctuations in cryptocurrency value between the time of purchase and the time of refund.
EU Customers:
- In compliance with Directive 2011/83/EU, the Seller will reimburse the Buyer only the net amount actually credited to the Seller by the payment processor (Lunu) in fiat currency after deduction of blockchain network fees and currency conversion costs.
- Since these fees are never received by the Seller, they cannot be refunded.
Non-EU Customers:
- For customers outside the European Union, the Seller will reimburse the net amount actually credited to the Seller in fiat currency after deduction of blockchain and processing fees, and additionally reserves the right to deduct reasonable administrative costs related to refund processing.
5.3 Payment Completion
- For card and Shopify Payments transactions, the Buyer’s obligation is fulfilled once the payment is authorized and credited to the Seller’s account.
- For cryptocurrency transactions, the Buyer’s obligation is fulfilled once the transaction is confirmed on the blockchain.
5.4 Bank and Transaction Fees
- The Buyer is responsible for any fees charged by their own bank, card provider, or payment service provider.
- The Seller is not liable for any additional costs related to international transfers, currency exchange, or chargeback fees.
6. Delivery & Transfer of Risk
- The Seller delivers Products worldwide from both the USA and EU using reputable international couriers.
- Standard shipping is provided free of charge.
- Express shipping (e.g., FedEx, UPS) is available for an additional fee, which is indicated at checkout.
- All shipments are fully insured and include tracking.
6.1 Standard Delivery Period
- For standard Products in stock, the maximum delivery period is 30 days from the date of Order Confirmation, unless otherwise agreed in writing.
6.2 Extended Delivery Times for Special Orders
Certain Products may require longer delivery times:
- Custom-made jewelry: Delivery times may exceed 30 days depending on the complexity of production and availability of materials.
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Gemstones sent for certification (e.g., GIA, IGI): Delivery times depend on the laboratory’s processing schedule, which is outside the Seller’s control.
In such cases, the Seller will inform the Buyer of the expected delivery time when the order is placed. By confirming the order, the Buyer expressly agrees to the extended delivery period.
6.3 Transfer of Risk
- For EU Customers: The risk of loss or damage passes to the Buyer only when the Buyer (or a person designated by the Buyer) physically takes possession of the Products, in accordance with Directive 2011/83/EU.
- For Non-EU Customers (including USA): Risk transfers when the Products are handed over to the carrier (FOB – shipping point). Insurance coverage is provided until delivery, but the legal transfer of risk occurs upon handover to the carrier.
6.4 Buyer’s Obligations upon Delivery
- Upon delivery, the Buyer must inspect the condition of the packaging and immediately notify the carrier and the Seller of any visible damage or tampering.
- If the packaging shows signs of unauthorized opening or damage, the Buyer may refuse to accept the delivery.
6.5 Non-Delivery / Wrong Address
- If delivery fails due to incorrect or incomplete address details provided by the Buyer, or if the Buyer refuses delivery without valid reason, the Buyer shall bear all related costs (including reshipping, storage, or return costs).
6.6 Reference to Shipping & Returns Policy
Details regarding shipping options, duties, taxes, and return procedures form an integral part of these Terms and are also available on the Seller’s dedicated Shipping & Returns page: www.sosnagems.com/shipping-returns. In the event of any discrepancy, these Terms shall prevail.
7. Right of Withdrawal & Returns
7.1 EU Customers
- In accordance with Directive 2011/83/EU on consumer rights, EU consumers have the right to withdraw from the contract within 14 days of delivery without giving any reason.
- To exercise this right, the Buyer must notify the Seller within 14 days by email or in writing. The Buyer may use the standard withdrawal form attached to these Terms.
- The Buyer must return the Products within 14 days of notifying withdrawal. Return shipping costs are the responsibility of the Buyer, unless otherwise agreed.
- The Seller will refund the Buyer within 14 days from receipt of the returned Products, using the same payment method originally used, unless otherwise agreed.
- A standard withdrawal form is available for download here: Standard Withdrawal Form. EU consumers may use this form to exercise their right of withdrawal, although its use is not mandatory.
7.2 Non-EU Customers
- For customers outside the European Union, the Seller offers a 14-day return policy from the date of delivery.
- Returns are accepted only if the Products are unused, unworn, in original condition and packaging, and accompanied by all original documents and certificates.
- The Buyer is responsible for return shipping costs, unless otherwise agreed.
- Refunds will be made within 14 days after the Seller has received and inspected the returned Products. Refunds may be issued in USD or EUR at the Seller’s discretion.
7.3 Conditions for Returns
To qualify for a return, Products must be:
- unused and unworn,
- in original condition and packaging,
- returned with all accompanying documents, certificates, and laboratory reports (if applicable).
7.4 Exceptions to Withdrawal / Returns
The right of withdrawal or return does not apply to:
- Custom-made or personalized jewelry, including resized, engraved, or otherwise modified pieces,
- Gemstones altered at the Buyer’s request, such as recutting or repolishing,
- Gemstones submitted to certification laboratories (e.g., GIA, IGI) once the certification process has started,
- Products returned incomplete, damaged, or without accompanying documents.
If the Product is faulty or does not conform to the contract, statutory warranty rights apply (see Section 8 – Warranty and Defects).
7.5 Procedure for Returns
- The Buyer must contact the Seller to initiate a return and receive return instructions.
- The Buyer is responsible for ensuring that the returned Products are securely packaged and fully insured during transit.
- The Seller is not liable for loss or damage to Products returned by the Buyer.
8. Warranty and Defects
8.1 EU Customers
- For EU consumers, the Seller warrants that the Products are free from defects upon delivery and conform to the contract.
- Buyers are entitled to statutory warranty rights under Directive 1999/44/EC and applicable national laws (including the Czech Civil Code).
- The warranty period is 24 months from delivery.
- If a defect occurs, the Buyer is entitled to:
- request repair or replacement of the Product,
- request a reasonable price reduction, or
- withdraw from the contract if the defect is substantial. - The warranty does not apply to:
- normal wear and tear,
- defects caused by improper use, storage, or handling,
- Products sold at a reduced price due to a known defect disclosed at the time of purchase.
8.2 Non-EU Customers (including USA)
- For customers outside the EU, the Seller provides a limited warranty that the Products will be free from material defects and conform substantially to their description at the time of delivery.
- To the maximum extent permitted by law, the Seller disclaims all other warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Any claims must be made within 12 months from delivery.
- Remedies are limited to repair, replacement, or refund at the Seller’s discretion.
8.3 Warranty Procedure
- The Buyer must notify the Seller of a defect without undue delay after discovery, providing details and supporting evidence (e.g., photographs).
- The Seller may require the Buyer to return the Product for inspection. The Buyer is responsible for ensuring the Product is securely packaged and insured during return shipping.
- If the claim is valid, the Seller will cover reasonable shipping costs for the return.
8.4 Exclusions
The warranty does not cover:
- damage caused by misuse, accidents, or unauthorized modifications,
- Products altered at the Buyer’s request (e.g., recut gemstones, resized jewelry),
- gemstones that have undergone third-party treatments or modifications after delivery,
- losses due to theft, loss, or normal wear and tear.
8.5 Gemological Certificates & Measurements
- For gemstones accompanied by certificates from independent laboratories (e.g., GIA, IGI, HRD), the Seller guarantees only that the gemstone delivered is the same gemstone submitted for certification.
- The Seller is not responsible for the content, grading results, or opinions expressed in such certificates, which are issued by independent third parties outside the Seller’s control.
- The Buyer acknowledges that gemstone measurements (weight, dimensions, color grading, clarity) may show slight variations between the Seller’s description and the laboratory report due to different equipment, methods, and tolerances. Such variations do not constitute a defect or non-conformity.
9. Limitation of Liability
9.1 General Principles
- Nothing in these Terms excludes or limits the Seller’s liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
- For EU Customers, nothing in these Terms affects the Buyer’s statutory rights under applicable consumer protection law.
9.2 EU Customers
- To the extent permitted by law, the Seller shall not be liable for
- indirect or consequential losses, including but not limited to loss of profit, loss of business, loss of opportunity, or loss of goodwill,
- delays caused by third parties (such as carriers, customs authorities, or laboratories),
- variations in gemstone characteristics (as set out in Section 8.5). - The Seller’s maximum aggregate liability for any claim arising from the purchase of Products is limited to the purchase price paid by the Buyer.
9.3 Non-EU Customers (including USA)
- To the maximum extent permitted by applicable law, the Seller shall not be liable for:
- any indirect, incidental, special, punitive, or consequential damages,
- damages arising from loss of profits, business opportunities, or anticipated savings,
- delays or failures in performance due to events beyond the Seller’s reasonable control.
- The Seller’s total liability for any claim arising out of or relating to the sale of - Products shall not exceed the amount actually paid by the Buyer for the Product giving rise to the claim.
10. Personal Data
10.1 General
- The Seller collects, processes, and stores personal data of Buyers only to the extent necessary for the performance of the contract, delivery of Products, processing of payments, handling of returns, and compliance with legal obligations.
- The Seller treats all personal data as confidential.
10.2 EU Customers (GDPR)
- For customers in the European Union, personal data is processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and relevant national laws.
- Buyers have the right to access, rectify, or erase their personal data, to restrict or object to its processing, and to data portability, in accordance with GDPR.
- Buyers also have the right to lodge a complaint with their local supervisory authority.
10.3 Non-EU Customers (including USA)
- For customers outside the EU, personal data is processed in accordance with applicable privacy and consumer protection laws, including state-level privacy legislation where applicable (e.g., California Consumer Privacy Act – CCPA).
- By using the Online Store, the Buyer consents to the collection and processing of their personal data as described in the Privacy Policy.
10.4 Privacy Policy
- Detailed information about how personal data is collected, processed, stored, and protected is provided in the Seller’s Privacy Policy, available at: www.sosnagems.com/privacy-policy.
- In case of any discrepancy between these Terms and the Privacy Policy, the Privacy Policy shall prevail with regard to data processing.
11. Governing Law & Jurisdiction
11.1 EU Customers
- For Buyers residing in the European Union, these Terms and the Contract are governed by the laws of the Czech Republic, together with applicable provisions of EU consumer protection law, including Directive 2011/83/EU on consumer rights and Directive 1999/44/EC on consumer goods and guarantees.
- Buyers may exercise their consumer rights under their national legislation implementing these directives.
- In the event of a dispute, Buyers may seek out-of-court resolution through:
- the EU Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/consumers/odr, or
- their local consumer protection authority.
11.2 Non-EU Customers (including USA)
FOR BUYERS OUTSIDE THE EUROPEAN UNION, THESE TERMS AND ANY CONTRACT ARISING FROM THEM SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, USA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SALE OF PRODUCTS SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN THE STATE OF FLORIDA, USA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS RULES. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE DECISION OF THE ARBITRATOR SHALL BE FINAL, BINDING, AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
BY PURCHASING FROM THE SELLER, THE BUYER EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE PROCEEDINGS.
11.3 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12. Miscellaneous
12.1 Amendments to Terms
The Seller reserves the right to amend or update these Terms at any time.
- Any changes will take effect once published on the Online Store.
- The version applicable to the Buyer is the one in force at the time of the Order Confirmation.
12.2 Force Majeure
The Seller shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, strikes, pandemics, governmental actions, transport disruptions, or failure of communication networks. In case of substantial delay due to force majeure, EU consumers retain the statutory right to withdraw from the contract.
12.3 Copyright and Intellectual Property
- All rights to the Online Store, including its design, photographs, videos, text, graphics, logos, trademarks, and other content, are the property of the Seller or its licensors.
- No part of the Online Store may be copied, reproduced, distributed, or otherwise used without prior written consent from the Seller.
12.4 Entire Agreement
These Terms, together with the Order Confirmation and the Privacy Policy, constitute the entire agreement between the Buyer and the Seller and supersede any prior agreements, understandings, or representations.
12.5 Language
- These Terms are provided in English as the primary and legally binding version.
- For the convenience of customers, translations may be made available in other languages commonly used within the European Union (such as Czech, French, German, Italian, or Spanish).
- In the event of any discrepancy or inconsistency between translations and the English version, the English version shall prevail.
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Translations are provided for convenience only.
12.6 Archiving of Contracts
Contracts concluded through the Online Store, including these Terms, are stored electronically by the Seller in compliance with applicable legal requirements. Copies of contracts are available to Buyers upon request.
Contracts are retained for the legally required period.
13. Appendix I – Standard Withdrawal Form (EU Customers)
(Complete and return this form only if you wish to withdraw from the contract)
To: SOSNA Gems Investments a.s.
Školská 689/20, Nové Město, 110 00 Praha 1, Czech Republic
Email: sale@sosnagems.com
I/We () hereby give notice that I/We () withdraw from my/our (*) contract of sale of the following goods:
- Ordered on () / received on ()
- Order number:
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:
(*) Delete as appropriate.
