Terms and Conditions Website
Welcome to Tierra Verde Gems!
These terms and conditions outline the rules and regulations for the use of Tierra Verde Gems's Website, located at https://tierraverdegems.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Tierra Verde Gems if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Tierra Verde Gems, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Tierra Verde Gems and/or its licensors own the intellectual property rights for all material on Tierra Verde Gems. All intellectual property rights are reserved. You may access this from Tierra Verde Gems for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from Tierra Verde Gems
Sell, rent, or sub-license material from Tierra Verde Gems
Reproduce, duplicate or copy material from Tierra Verde Gems
Redistribute content from Tierra Verde Gems
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Tierra Verde Gems does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Tierra Verde Gems, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Tierra Verde Gems shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Tierra Verde Gems reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Tierra Verde Gems a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Tierra Verde Gems; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Tierra Verde Gems. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Tierra Verde Gems's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms and Conditions of Sale
Version 1.1 — May 2025
Welcome to Tierra Verde Gems!
These Terms & Conditions of Sale apply to all sales, offers, quotations, agreements, and deliveries by Tierra Verde & Co B.V., trading as Tierra Verde Gems, a private limited company incorporated under Dutch law. Both trade names — Tierra Verde & Co B.V. and Tierra Verde Gems — refer to the same legal entity registered with the Dutch Chamber of Commerce (KVK no. 98710206).
By placing an order, making a bid, or purchasing in person, you agree to these Terms. These Terms apply to all three sales channels: our webshop at https://tierraverdegems.com/, the Catawiki auction platform, and in-person sales at trade shows, gem fairs, and stores. Where a sale is concluded via Catawiki, Catawiki platform rules also apply and prevail in the event of conflict.
Products & descriptions
We sell natural gemstones — primarily emeralds, with Colombian emeralds as our core specialism — as well as emerald and gemstone jewellery, in faceted, rough, and matrix form. We may also source emeralds from other origins (including Zambia, Brazil, Ethiopia, and Zimbabwe) and other gemstone varieties. All stones are natural unless explicitly stated otherwise. Country of origin is stated in each listing where known and verifiable.
Product descriptions state, where applicable: carat weight, dimensions, colour, clarity, treatment status (oiled / minor oil / no oil), and origin. Where a gemological laboratory report is provided, it forms part of the product description. Where no report is provided, the description reflects our own assessment. Minor differences between photographs and the actual stone due to lighting or screen calibration do not constitute grounds for a claim, provided the material characteristics are as described.
Prices & payment
All prices are in Euros (EUR). Webshop prices are inclusive of VAT for EU consumers; B2B and non-EU buyers are charged exclusive of VAT. For Catawiki sales, the price is the final hammer price plus any buyer's premium charged by Catawiki.
Payment is due in full before shipment unless otherwise agreed in writing. For in-person sales, payment is due at the time of sale. For B2B buyers requesting deferred payment, terms must be agreed in writing before the order is placed; otherwise full payment in advance applies. Late payment interest accrues at the statutory commercial rate under Article 6:119a of the Dutch Civil Code. We reserve the right to suspend or cancel orders where payment is not received within the agreed term.
Delivery, Incoterms & title transfer
Unless otherwise agreed in writing, all shipments are made on DAP (Delivered at Place) terms per Incoterms® 2020. The applicable Incoterm is stated on every commercial invoice and/or order confirmation.
For in-person sales, delivery occurs at the point of handover to the Buyer. For Catawiki and webshop sales, delivery occurs upon handover to the carrier, either at our premises (Netherlands or Colombia) or at the carrier's premises, whichever occurs first.
Title (ownership) passes to the Buyer only upon receipt of full payment in cleared funds, regardless of whether goods have already been shipped (retention of title / eigendomsvoorbehoud, Article 3:92 BW). Until full payment is received, the Buyer holds goods as bailee and must not sell, pledge, or encumber them.
Risk of loss or damage passes to the Buyer upon handover to the carrier (webshop and Catawiki sales) or upon physical handover (in-person sales). We strongly recommend that Buyers arrange adequate transit insurance for high-value purchases.
We ship from the Netherlands or Colombia depending on stock location and order type; the shipping origin is stated on the commercial invoice. The Buyer is solely responsible for compliance with import regulations, customs duties, and taxes in their country. We will not under-declare values or mark shipments as gifts.
Inspection & complaints
The Buyer must inspect goods immediately upon receipt. Any claim for visible damage, missing items, or material discrepancy must be reported in writing (email) within 48 hours of delivery, including order reference, photographs, and a description of the issue. Claims notified after this period may be refused. For in-person sales, the Buyer is deemed to have accepted the goods upon taking possession. We do not accept complaints based on subjective preferences (e.g. colour tone, natural inclusions) where these were visible in listing photographs or disclosed in the description.
Returns & right of withdrawal
EU consumers purchasing via our webshop have a statutory right of withdrawal of 14 days from receipt of goods under Dutch law (EU Directive 2011/83/EU). To exercise this right, notify us by email within 14 days. Returned goods must be in original, undamaged condition with any original certificates or laboratory reports. Return shipping costs are for the Buyer's account unless goods are defective or misdescribed. Refunds are processed within 14 days of receiving satisfactory returned goods.
Returns for Catawiki purchases are governed by the Catawiki Buyer Guarantee and platform policy.
No right of withdrawal applies to B2B purchases or in-person sales by non-consumers, except where goods are materially defective or misdescribed. Any agreed return must be pre-authorised by us in writing.
Limitation of liability
Our total liability shall not exceed the purchase price paid for the specific goods giving rise to the claim. We are not liable for indirect or consequential losses, loss of profit, losses caused by carrier delay after risk has passed, or damage caused by the Buyer's failure to follow care instructions. Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited under applicable Dutch law. The presence of natural inclusions, fractures, or other characteristics inherent to natural gemstones does not constitute a defect unless undisclosed and materially affecting value.
Export compliance & sanctions
By purchasing from us, the Buyer confirms compliance with all applicable import, re-export, and use regulations in their jurisdiction. Emeralds and coloured gemstones are not regulated under the Kimberley Process (which applies to diamonds); however, we maintain chain-of-custody and origin records for AML compliance. The Buyer warrants they are not purchasing on behalf of any individual, entity, or country sanctioned by the EU, UN, OFAC, or any applicable authority.
Anti-money laundering (Wwft)
As a gem trader registered in the Netherlands, we are subject to the Wwft (anti-money laundering law). For transactions above the applicable threshold, or where required by our risk assessment, we may request proof of identity and source of funds. Orders may be delayed or refused pending completion of due diligence.
Force majeure
We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, strikes, export restrictions, government actions, carrier failures, or customs delays. We will notify the Buyer as soon as practicable and use reasonable efforts to resume performance.
Governing law & disputes
These Terms are governed by Dutch law. The CISG is excluded. Disputes shall first be submitted to mediation; if mediation fails, to the exclusive jurisdiction of the Rechtbank Zeeland-West-Brabant, unless mandatory consumer protection rules require a different forum. For Catawiki transactions, the Catawiki dispute resolution mechanism applies in the first instance.
Miscellaneous
If any provision is found invalid or unenforceable, the remaining provisions continue in full force. We reserve the right to amend these Terms at any time; the version in force at the time of order placement applies. These Terms are in English; in the event of conflict between translations, the English version prevails.
Contact
Tierra Verde & Co B.V. — trading as Tierra Verde Gems Anna Paulownahof 199, 5038VZ, Tilburg, The Netherlands Email: info@tierraverdegems.com Website: https://tierraverdegems.com/ KVK: 98710206 · VAT: NL868609298B01