Terms & Conditions

(September 2021 edition)

Clarifications.
The provider of the services is VeniKonos, based at 18 Ermou Street, 10563 Athens, Greece and VAT registration number EL044847952, and more specifically the "Gem Services" department. VeniKonos Gem Services offers the services described below.
 
Goods : Gemstones and/or jewellery.
 
Customer: A registered customer, who has completed the registration process, providing all the necessary information, but without being limited to his legal representation by another person, designated for the deposit or receipt of Goods in VeniKonos. The Customer is obliged to immediately inform VeniKonos in writing of any changes to his registration details.
 
Services: The Goods are analyzed according to the CIBJO classification rules as amended from time to time and as explained on the website https://www.cibjo.org/introduction-to-the-blue-books-2/
 
The analysis results in one of the following:
i)   Valuation Reports of gemstones & jewellery, as listed on the website .//estimates
ii)  Quality Certificate reports of gemstones & jewellery, as stated on the website .//certificates
iii) Precious Stones & Jewellery Analysis Service as mentioned on the website .//spectroscopic-analyses-of-precious-stones 
 
The Goods may be transported to VeniKonos only by Customers or their legal representative, at the sole responsibility of the Customer. VeniKonos has the right of discretion to refuse or reject Goods and/or the provision of Services.
 
Parties: VeniKonos and the Customer.
 
O&P: these terms and conditions.
 
Agreement: the agreement between the parties, to which these O&P apply, for the provision of the Services. Notwithstanding any other written agreement, these Terms and Conditions apply to any Agreement between the Parties and to all Services, in any way or in any way, replacing any previous O&P. Customer acknowledges that he/she has read and approves these O&P. VeniKonos reserves the right to change the O&P. &P at any time. In the event of a conflict between these O&P's and any other written agreement, the subsequent agreement shall prevail.
 
Conditions.
 • VeniKonos has the right (i) to refuse to provide the Services, (ii) to refuse to deliver a certificate or report to the Customer if the Customer does not pay for Services that have already been performed in accordance with the price list.
 • Once the Goods are transferred to VeniKonos, an acknowledgement of receipt is delivered to the Customer. This document contains a detailed description of the Goods to be examined, the purpose of the evaluation, to whom the evaluation will be addressed, the date of completion of the works, the limitations of VeniKonos and the recording of the remuneration. The acknowledgement of receipt and is indisputable from the moment it is signed by both parties.
 • The receipt must be kept by the Customer and will be returned to IGI upon receipt of the goods.
 • When the goods are transported to VeniKonos by a courier or transport company, VeniKonos will sign for the receipt of the package, without giving any guarantee for the content of the package. The Customer acknowledges that it is not possible for VeniKonos to verify the content of a package sent by a courier or transport company.
 • VeniKonos has the right to accept or refuse other certificates, reports or features provided by the Customer, without any obligation to verify their content.
 • Unless expressly requested in writing by the Customer, the analysis by VeniKonos is limited to non-destructive methods. The prices in force for the Services are those listed in the latest VeniKonos Standard Price List, excluding VAT. All prices can be modified at any time. Performance of the Services.
 • Place of execution of the Services. VeniKonos has the option to perform the Services at the registered address of VeniKonos or in an examination laboratory of an affiliated company, without any obligation whatsoever to inform the Customer accordingly.
 • The time for the execution of the Services, as indicated by VeniKonos to the Customer is at all times approximate and indicative and the Services are provided with the best of intentions but without any obligation to result.
 
Payment terms.
VeniKonos fees must be paid upon delivery of the invoice, unless the Parties have otherwise agreed in writing. In the latter case, the following conditions apply:
 • Late payment. The late payment of (part) of the invoice, makes all outstanding amounts unpaid immediately. VeniKonos has the right to suspend the performance of the Services and/or to pledge all the Customer's Goods in its possession until the payment of all outstanding amounts, even when the Goods are incorporated or modified in any way. VeniKonos reserves the right to claim higher compensation when this is proven and despite the fact that VeniKonos will claim any legal and collection costs as a result of the late payment.
 
Disclaimer.
 • The Customer confirms and accepts that the execution of the Services by VeniKonos is subject to quality procedures and the best effort without any obligation of result. Customer acknowledges that the performance of the Services always contains a certain level of subjectivity, given the nature of the Services. For a difference of one degree it can never be considered as a proven deviation or incorrect scoring result.
 • Under no circumstances can VeniKonos for the performance of the Services be held liable for: (a) indirect damage (including subsequent damage or loss of profit) resulting from the results/Quality Certificate Reports. (b) direct or indirect damage (including consequential damage or loss of profit) following proven divergent or incorrect scoring/exposure results resulting from (i) new techniques or technologies that were not yet available during the provision of the Services or (ii) repeated analysis of the same Goods, (c) theft, loss or damage to the Goods; unless the Customer can prove that such theft, loss or damage is caused by the fault or gross negligence of VeniKonos or its representatives.
 • With the exception of damage caused by intentional damage or gross negligence, VeniKonos' liability will always be limited to 10 times the paid price of the Services related to the goods or to 10,000 euros, whichever is the lower amount as the case may be.
 

 

Copyright.
The intellectual property rights in the certificate or valuation report, such as the name, trademark, logo or any other intellectual property of VeniKonos or one of its affiliates, remain at any time the intellectual property of VeniKonos or its affiliates. Through the performance of the Services, no intellectual property is transferred to the Customer. Therefore, the Customer does not have the right to copy or reproduce the certificate or the valuation report in any way and therefore the Customer cannot, in whole or in part, use the certificate or the valuation report in any (commercial or promotional) manner that would violate the rights of VeniKonos; without the prior written approval of VeniKonos.
 
Transport.
VeniKonos bears no responsibility for the carriage of Goods to and from VeniKonos. The Customer is responsible and bears the risks and costs of transportation. Therefore, the Customer will take care of adequate insurance against theft, robbery, damage or loss of the Goods (caused) during transportation. All obligations, taxes, VAT and/or charges, of any nature, relating to the Goods and/or transport to and from VeniKonos, including any new taxes, VAT and charges established after the commencement of the Agreement, are the sole responsibility of the Customer.
 
Safety.
If and when (i) VeniKonos has, at any time, doubts about the customer's solvency caused by acts of judicial enforcement against the Customer and (ii) in case of non-or late payment of one or more invoices and/or (iii) any other relevant situation that raises doubts about the solvency of the Customer, VeniKonos reserves the right to refuse/suspend the Services or to request (further) information; even when the Services are already performed in whole or in part and without any right of the Customer to claim compensation. Any Services already performed at the time of termination must be paid by the Customer in accordance with the price list.
 
Force Majeure and hardships.
• In the event that the performance of the Services is hampered by any force majeure situation ("Force Majeure"), such execution is suspended. Force Majeure includes all cases in which the performance of the Services by VeniKonos is hindered, in whole or in part, by circumstances outside the control of VeniKonos, even when such a situation was foreseeable at the time of the commencement of the Agreement and includes, but is not limited to, the following cases: lack of inventory, delay or cancellation of deliveries by VeniKonos suppliers; cessation of certificates or exhibitions or goods due to accidents, engine failure, strike or blockade, insurrection, war, epidemics, floods, high-level absences due to illness, interruptions of information, (tele)communication, internet, decisions or interventions of any government (including refusal or cancellation of a permit), fuel shortages and errors or delays due to third parties. VeniKonos is not obligated to provide evidence of the unforeseen or uncontrollable nature of the circumstances of the force majeure situation. The parties, in this case, shall take all reasonable steps to limit the consequences of the force majeure situation. In the event that the force majeure situation exceeds three months, the Customer has the right to terminate the Agreement with immediate effect, without the obligation of a refund to VeniKonos.
• In the event of fundamental changes in the circumstances and/or conditions, which are not due to either party and which seriously affect the fulfillment of the contractual obligations of either party, both parties agree to renegotiate the terms of the agreement in order to find an amicable settlement and continuation of the agreement. The parties will endeavour to find a comparable balance between the parties, as was the case at the beginning of the agreement. In the event that the parties cannot reach a consensus on whether performance is seriously affected as mentioned above, the parties shall appoint a joint expert who (whether accompanied by a third party or not) will verify whether such conditions or changes have occurred. Where an amicable settlement cannot be reached within one month of a Party's request for such settlement by registered mail, or written notice, the other Party shall have the right to initiate legal proceedings.
 
Guarantee.
VeniKonos makes no warranty regarding the results of any Services on the Goods and no certificate, reference or other type of document or communication may be construed as a form of guarantee, valuation or valuation. Moreover, VeniKonos cannot guarantee the possibility of ascertaining whether the metal-mounted gems have been (permanently) processed or not, nor can it be ascertained whether the metal-mounted gems are natural or not.
 
Limitation period.
Any termination regarding the Services or any damage to the Goods must be notified in writing to VeniKonos within 8 calendar days from the time such damage was known, or should reasonably be known, to the Customer. Any claim relating to damage to the Goods to VeniKonos is subject to a limitation period of 1 year from the occurrence of the facts leading to the claim for damages when it is known or should have been known to the Customer.
 
Collection of Goods.
When the Goods have not been collected within two years of the agreed period of time for the performance of the Services, VeniKonos will become the legal owner of the Goods and therefore has the right (but not the obligation) to sell the Goods and use the received price to pay all unpaid invoices; notwithstanding the Customer's obligation to pay for the Services.
 
Law and jurisdiction.
Any Agreement to which these O&P's apply, including all other agreement arising therefrom, shall be subject exclusively to Greek law. Legal proceedings are subject to the exclusive jurisdiction of the courts of Athens.
ΕΣΠΑ 2014-2020