Brilliani · Compliance Condo B.V.

Terms & Conditions

Version 3.0, August 2026

These terms and conditions apply to (a) the purchase of products from our webshop at www.brilliani.com and (b) the use of the Brilliani Labs software and online tools at brillianilabs.com. Part A contains general provisions; Part B applies to the webshop; Part C applies to the Brilliani Labs tools; Part D contains general legal provisions. Several provisions apply only to consumers (natural persons) or differ for business customers (legal persons), as indicated.

Part A. General

Article 1. Definitions

In these terms and conditions the following definitions apply:

Brilliani

the legal person defined in Article 2, which offers products at a distance and operates the Brilliani Labs tools.

Consumer

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

Business customer

any customer or user that is a legal person, or a natural person acting for purposes relating to a trade, business, craft or profession (for example a jeweller, retailer, setter or appraiser).

User

any person who accesses or uses the Brilliani Labs tools, whether or not signed in.

Brilliani Labs / the Tools

the software, websites and online tools provided at brillianilabs.com, including the real-time diamond simulator and the comparison tool.

Account

the personal access created when a User signs in to Brilliani Labs with Google.

Distance contract

a contract concluded between Brilliani and the consumer under a system for distance selling of products, using one or more means of distance communication up to the conclusion of the contract.

Cooling-off period

the period within which the consumer may exercise the right of withdrawal.

Right of withdrawal

the consumer's option to cancel the distance contract within the cooling-off period.

Digital content

data produced and supplied in digital form.

Durable medium

any means, including email, that enables information addressed to the recipient personally to be stored for future reference and reproduced unchanged.

Day

calendar day.

Article 2. Identity of the company

Article 3. Applicability

1. These terms apply to every offer by Brilliani, to every distance contract concluded between Brilliani and a customer, and to every use of the Brilliani Labs tools.
2. Before a distance contract is concluded, the text of these terms is made available to the customer. Where this is not reasonably possible, Brilliani indicates how the terms may be inspected and that they will be sent free of charge on request.
3. Where the contract is concluded electronically, these terms may be made available electronically in a way that allows the customer to store them easily on a durable medium.
4. If, in addition to these terms, specific product or service conditions apply, a consumer may, in the event of conflicting terms, always rely on the provision that is most favourable to him or her.

Article 4. Consumers and business customers

1. Part B (webshop) reflects mandatory rules for the protection of consumers. The mandatory statutory rights of a consumer are not affected by these terms. Where any provision conflicts with mandatory consumer law, that provision 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 (Articles 8–12 do not apply to them), and the liability and dispute provisions for business customers in Part D apply.
3. The Brilliani Labs tools (Part C) are intended primarily for professional use, but may also be used by consumers. Where a provision in Part C differs for consumers and business customers, this is stated.

Part B. Webshop (sale of products)

This Part B reflects the Dutch general terms for distance selling to consumers. For business customers, the right of withdrawal and the consumer-specific protections below do not apply (see Article 4.2).

Which text governs a purchase. Product purchases are governed by the webshop edition of these terms, published at brilliani.com/pages/terms-of-service. This Part B carries the same terms in the same numbering. If the two ever differ, the webshop edition governs the purchase, and in any event a consumer may rely on whichever provision is more favourable to them (Article 3.4).

Article 5. The offer

1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered, detailed enough to allow a proper assessment by the customer. Images are a truthful representation of the products.
3. Pricing errors. Getting the price right is our job, not the customer's. If we publish a price lower than we intended, we honour it. We may decline an order only where the price was so obviously wrong that no reasonable person could have taken it for a real offer. In that case we say so promptly, refund in full immediately, and the customer is under no obligation of any kind. We will never quietly cancel an order and we will never ask for a higher price after an order has been placed.
4. Each offer contains such information that it is clear to the customer what rights and obligations are attached to acceptance.

Article 6. The agreement

1. The agreement is concluded, subject to paragraph 4, at the moment the customer accepts the offer and meets the associated conditions.
2. If the customer has accepted the offer electronically, Brilliani promptly confirms receipt electronically. Until receipt has been confirmed, the customer may rescind the agreement.
3. Brilliani takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a secure web environment.
4. Brilliani may, within legal limits, inform itself whether the customer can meet its payment obligations and may, on reasonable grounds, refuse an order or attach special conditions, stating reasons.
5. At the latest on delivery, Brilliani provides the customer with: the address for complaints; the conditions for and method of exercising the right of withdrawal (or a statement that it is excluded); information on guarantees and after-sales service; the price including all taxes and, where applicable, delivery costs and the method of payment and delivery; and, where a right of withdrawal applies, the model withdrawal form.

Article 7. The price

1. During the validity period stated in the offer, the prices of the products are not increased, except for price changes resulting from changes in VAT rates.
2. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations.
3. Price increases from 3 months after conclusion are permitted only if Brilliani has stipulated this and either they result from statutory regulations, or the consumer is entitled to terminate the agreement with effect from the date the increase takes effect.
4. Prices stated in the offer include VAT. Where an order is shipped outside the European Union, import duties or taxes may be payable on arrival and are borne by the customer; this is stated before checkout.

Article 8. Right of withdrawal (consumers)

1. The statutory cooling-off period for a distance contract is 14 days. Brilliani grants a longer period as a contractual right: the consumer may rescind the agreement within 30 (thirty) days without giving reasons. Brilliani may ask for the reason but the consumer never has to give one.
2. The cooling-off period begins on the day after the consumer, or a third party designated in advance who is not the carrier, has received the product.
3. If Brilliani has not provided the consumer with the legally required information on the right of withdrawal, the cooling-off period expires twelve months after the end of the original period.
4. If Brilliani provides that information within twelve months after the start of the original cooling-off period, the period expires 14 days after the consumer receives that information.

Article 9. Obligations during the cooling-off period

1. During the cooling-off period the consumer handles the product and packaging with care, and only unpacks or uses the product to the extent necessary to establish its nature, characteristics and functioning, as would be permitted in a shop. For jewellery this means a piece may be tried on; it does not extend to wearing it out.
2. The consumer is liable only for any diminished value of the product resulting from handling beyond what is permitted in paragraph 1. In practice Brilliani does not charge for trying a piece on, for opening the box, or for ordinary handling. Diminished value is deducted only where a piece has been visibly worn, altered, resized elsewhere or damaged, and only after telling the consumer in writing what is to be deducted and why, giving them the chance to disagree or to have the piece sent back to them instead.
3. The consumer is not liable for diminished value if Brilliani did not provide all legally required information on the right of withdrawal before or at the conclusion of the agreement.

Article 10. Exercising the right of withdrawal and the costs

1. The consumer notifies Brilliani of withdrawal within the cooling-off period, using the model withdrawal form, by email to [email protected], or in any other unambiguous manner.
2. Within 14 days of that notification, the consumer returns the product with all accessories supplied, including the certificate, and, where reasonably possible, in original condition and packaging.
3. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer.
4. Brilliani bears the direct cost of returning the product. Brilliani provides a free prepaid return label. This is more favourable than the statutory position, under which the consumer would bear that cost, and it is a contractual commitment given with every order.
5. If the consumer exercises the right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 11. Brilliani's obligations on withdrawal

1. If Brilliani enables notification of withdrawal by electronic means, it promptly sends an acknowledgement of receipt.
2. Brilliani reimburses all payments by the consumer, including any delivery costs, promptly and within 14 (fourteen) days of the day on which withdrawal is notified. The law allows Brilliani to hold the refund until the piece is back with it. Brilliani does not: it refunds as soon as the tracking on the return label shows the parcel has been handed over to the carrier.
3. Brilliani uses the same means of payment the consumer used, unless the consumer agrees otherwise; the refund is free of charge.
4. If the consumer chose a more expensive method of delivery than the cheapest standard delivery, Brilliani need not reimburse the additional cost.

Article 12. Exclusion of the right of withdrawal

Brilliani excludes the following from the right of withdrawal, but only where this was clearly stated with the offer or in good time before the conclusion of the agreement:

1. products made to the consumer's specifications, that are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person, including bespoke and custom-commissioned pieces, pieces resized outside the standard size range, and any piece carrying an engraving or other personalisation applied at the consumer's request;
2. products whose price is tied to fluctuations in the financial market beyond Brilliani's control;
3. the supply of digital content other than on a tangible medium, but only if performance began with the consumer's express prior consent and the consumer declared that he or she thereby waives the right of withdrawal. This paragraph is the one that applies to the Brilliani Labs subscription in Article 23.

Brilliani applies these exclusions as narrowly as the law allows, and states them on the product or request page before the order is placed, never afterwards.

What is not excluded. A catalogue piece in a standard finish that is plated or set to order, for example the 14K gold vermeil pieces which are plated after ordering, is not a made-to-measure product. The right of withdrawal applies to those pieces in full. Nor is a piece excluded simply because it was out of stock and ordered in for the customer.

Custom pieces, even so. Where the right of withdrawal genuinely does not apply, Brilliani still does this: if a commissioned piece does not match the specification agreed in writing, Brilliani remakes or refunds it at its own cost. Before work begins on any commission, the specification is sent to the customer to approve.

Article 13. Conformity and guarantee

1. Brilliani warrants that the products comply with the agreement, the specifications in the offer, reasonable requirements of soundness and usability, and the statutory provisions in force on the date the agreement was concluded.
2. Every stone is supplied with the certificate stated in the offer: a GRA certificate for moissanite, an IGI report for lab-grown diamond. The certificate number can be verified with the issuing laboratory. If a piece arrives without the certificate stated in the offer, that is a non-conformity and Brilliani will resolve it.
3. Two-year guarantee, and who has to prove what. Under Dutch law a product must last as long as the customer could reasonably expect, and for the first year a defect is presumed to have been there from the start unless Brilliani proves otherwise. Brilliani extends that presumption to two full years: for 24 months from delivery, if something goes wrong it is treated as Brilliani's fault and the piece is repaired, replaced or refunded without the customer having to prove anything. Fair wear, loss and accidental damage are not covered; everything else is. After two years the consumer's statutory rights continue to run for as long as the law says they do, which for a piece of fine jewellery is considerably longer.
4. Any additional guarantee never limits the statutory rights and claims the consumer may assert against Brilliani. Where a guarantee and statutory rights point in different directions, the consumer may rely on whichever gives them more.

Article 14. Delivery and performance

1. Brilliani exercises the greatest possible care when receiving and executing orders.
2. The place of delivery is the address the customer made known to Brilliani.
3. Brilliani executes accepted orders with due speed, but no later than 7 to 14 working days within the EU, unless another delivery period is stated with the offer. Made-to-order pieces, including gold vermeil plated to order, custom commissions and engraved pieces, carry a longer stated lead time, shown on the product page before purchase. If delivery is delayed, or an order cannot be fully executed, the customer is informed within 14 days of placing the order, and may then rescind the agreement free of charge and is entitled to any compensation.
4. After rescission under paragraph 3, Brilliani promptly refunds the amount paid.
5. The risk of damage or loss of products rests with Brilliani until delivery to the consumer or a designated representative. For business customers, risk passes on handover to the carrier.

Article 15. Payment

1. Payment is made at checkout through the methods offered there. Brilliani accepts no cash payments, in any amount.
2. Where a custom commission requires a deposit, that deposit does not exceed 50%, and the balance falls due on delivery. A consumer may never be required to pay more than 50% in advance.
3. Nothing in this Article limits the consumer's mandatory rights under Dutch law, including those in Article 7:26 of the Civil Code.
4. The customer must promptly notify Brilliani of any inaccuracies in payment details provided.
5. If the customer does not pay on time, then, after being notified of the late payment and given a 14-day period to pay, statutory interest is due on the outstanding amount, and Brilliani may charge extrajudicial collection costs in accordance with statutory limits.

Part C. Brilliani Labs (software & online tools)

Article 16. The Brilliani Labs service

1. Brilliani Labs provides real-time, physically-based diamond simulation and comparison tools for demonstration, point-of-sale and educational use. Access to the interactive tools requires an account and an active subscription (see Article 23); a limited, non-interactive preview may be shown publicly on our website.
2. The tools are provided as an online service. Brilliani may add, change, limit or discontinue tools or features over time (see Article 22).

Article 17. Accounts and sign-in

1. Certain tools require you to sign in with a Google account. By signing in you authorise Brilliani to receive your name, email address and Google account identifier, as described in our Privacy Policy.
2. You are responsible for activity that takes place through your Account and for keeping access to your Google account secure. Accounts are personal; you may not share, sell or transfer your Account.
3. You must be at least 16 years old to create an Account.
4. Brilliani may refuse, suspend or terminate an Account in accordance with Article 24.

Article 18. Licence to use the tools

1. Subject to these terms, Brilliani grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the tools: for a business customer, for its internal professional use; for a consumer, for personal, non-commercial use.
2. This licence does not transfer any ownership. All rights not expressly granted are reserved.

Article 19. Acceptable use

You agree not to:

1. copy, modify, distribute, sell, sublicense or create derivative works from the tools or their content, except as permitted by mandatory law;
2. reverse-engineer, decompile or attempt to extract source code, shaders or models, except to the extent this cannot be excluded by law;
3. circumvent or attempt to circumvent any access control, sign-in gate or usage limit;
4. scrape, harvest, or use automated means to access the tools, or place an unreasonable load on the service;
5. use the tools unlawfully, to infringe third-party rights, or in a way that could damage, disable or impair the service;
6. remove or obscure any proprietary notices, or misrepresent the tools' output as a certified grading or appraisal.

Article 20. Intellectual property

1. All intellectual property rights in the tools, including the software, source code, shaders, rendering pipeline, user interface, design, text and other content, belong to Brilliani / Compliance Condo B.V. or its licensors.
2. "Brilliani" and "Brilliani Labs", the Brilliani logo and associated marks are trademarks of Brilliani / Compliance Condo B.V. The figurative mark "BRILLIANI" is the subject of a European Union trade mark application filed with the European Union Intellectual Property Office (EUIPO) on 29 June 2026 under file number 019387834 (application pending; Nice classes 14, 41 and 42). All rights in these marks are reserved. Third-party names referenced in the tools remain the property of their respective owners.

Article 21. No professional advice; simulation disclaimer

1. The tools provide visualisations, simulations and approximations for demonstration and educational purposes. They are not a diamond grading report, certificate, appraisal or valuation, and are not a substitute for the inspection of an actual stone or for a report issued by an independent gemmological laboratory.
2. The "Light Return" visualisation is an illustrative representation; it is not an ASET^® analysis or any certified light-performance measurement.
3. You must not rely on the tools as the sole basis for any purchase, sale, valuation, insurance or other decision. To the maximum extent permitted by law, Brilliani accepts no liability for decisions made in reliance on the tools.
4. Nothing in this Article limits a consumer's mandatory statutory rights.

Article 22. Availability, changes and "as is"

1. The tools are provided "as is" and "as available". Brilliani does not warrant that they will be uninterrupted, error-free, or available at all times, and may perform maintenance, update, or withdraw tools or features.
2. To the maximum extent permitted by law, Brilliani disclaims all warranties not expressly given in these terms. For consumers, this does not affect mandatory statutory rights and guarantees.

Article 23. Subscriptions, billing and cancellation

1. Access to the Brilliani Labs tools requires a paid subscription. Subscriptions are billed in advance on a recurring basis, for the interval shown at checkout, through our payment provider Stripe, and renew automatically until cancelled. Prices and any applicable VAT are shown at checkout.
2. Cancelling. You may cancel your subscription at any time from your account page ("Manage subscription"). Cancellation is not immediate: it takes effect at the end of the current billing period. You keep access until the end of that period and are not charged again afterwards.
3. No refunds or proration. Cancelled subscriptions are not pro-rated: the unused part of the billing period in which you cancel is not refunded or credited. This does not affect any mandatory statutory rights you may have as a consumer (see Article 12).
4. Brilliani may change subscription prices. We will give reasonable notice before a change affects you, and you may cancel before it takes effect.

Article 24. Suspension and termination

1. You may stop using the tools at any time and may request deletion of your Account and associated data by emailing [email protected].
2. Brilliani may suspend or terminate your access, with or without notice, if you breach these terms, for security reasons, or where required by law. Where reasonable and lawful, Brilliani will give notice.
3. Articles that by their nature should survive termination, including Articles 20 (IP), 21 (disclaimer), 25 (liability) and 27 (disputes), continue to apply.

Part D. General provisions

Article 25. Liability

1. Nothing in these terms excludes or limits liability that cannot be excluded or limited under mandatory law, including liability for intent or gross negligence, for death or personal injury, under product-liability rules, or under mandatory consumer protection.
2. For consumers: Brilliani's liability is limited only to the extent permitted by mandatory law; statutory rights are unaffected.
3. For business customers: to the maximum extent permitted by law, Brilliani is not liable for indirect or consequential loss, including loss of profit, turnover, data or goodwill; and Brilliani's total liability arising from or in connection with the tools or an agreement is limited to the amount paid by the business customer in the 12 months preceding the event, or, where the tools are provided free of charge, to EUR 500.

Article 26. Complaints

1. Brilliani has a complaints procedure and handles complaints accordingly.
2. Complaints about the performance of an agreement must be submitted, fully and clearly described, within a reasonable time after the customer discovers the defects, to [email protected] (webshop) or [email protected] (Brilliani Labs).
3. Complaints are answered within 14 (fourteen) days of receipt. If a complaint requires a longer processing time, Brilliani sends an acknowledgement within 14 days with an indication of the expected response time.

Article 27. Disputes and applicable law

1. Dutch law applies exclusively to agreements between Brilliani and the customer and to use of the tools, also where a consumer resides in another European Union country. For consumers, this does not deprive them of the protection of mandatory provisions of the law of their country of residence.
2. Before bringing a dispute before the courts, the parties undertake to make their best efforts to resolve it amicably.
3. Disputes are submitted to the competent court of the district of The Hague, unless mandatory law designates another court. Consumers who would rather not go to court are asked to contact us first at [email protected], and 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, referenced in earlier versions of these terms, has been discontinued and is no longer available.

Article 28. Additional or deviating provisions

Additional provisions or provisions deviating from these terms may not be to the detriment of the consumer and must be recorded in writing, or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 29. Changes to these terms

Brilliani may amend these terms from time to time, for example following changes to its services or to laws and regulations. The current version is always available on our websites, and the date of the most recent version is stated at the top. For material changes affecting existing users or customers, Brilliani will give reasonable notice.

Article 30. Contact