TERMS AND CONDITIONS OF SALE

Contents

Last Update — September 2026

Language note. This is a courtesy translation. The binding version of this document for legal purposes is the Spanish (or Catalan) version published on our websites. In the event of any discrepancy, the Spanish version prevails. References to Spanish legislation are given in their original form, with a short explanation where helpful.

This document governs the terms and conditions of use of the websites and the commercial relationship arising between MARIA MONTSERRAT BAGUÉ CUBÍ and users who purchase at a distance the products offered on either of the two websites it owns:

  • https://gemmesterra.com — sale of gemstones and precious and semi-precious stones (rough and cut), collector minerals, jewellery, meteorites and tektites, fossils and lots.
  • https://totdiamant.com — sale of high-quality diamond tools for lapidaries, cutters and jewellers who value precision and durability: cutting discs, diamond wheels and burrs, drills, polishing discs and points, diamond pastes and powders, and other consumables and accessories.

These General Conditions apply to both websites. Where a clause affects only one of them, this is expressly stated. User accounts, shopping baskets and orders are managed separately for each website.

These General Conditions may be amended. Any amendment will be published on this same page stating the date of update and will apply to orders placed from that date; orders already confirmed will be governed by the version in force at the time of purchase. Please read them carefully before buying any of the products offered.

Purchasing any of the products implies full and unreserved acceptance of these General Conditions, without prejudice to any Particular Conditions that may apply to specific products.

A large part of MARIA MONTSERRAT BAGUÉ CUBÍ ‘s catalogue consists of unique, one-of-a-kind natural specimens and of professional cutting and abrasive tools. The user declares that they are over 18 years of age, that they have the legal capacity to enter into a contract, and that they are responsible for checking, before placing an order, that the item or tool chosen meets their needs, suits their equipment and is appropriate for the intended use.

1. Identification

In compliance with the information duty set out in article 10 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), the websites https://gemmesterra.com and https://totdiamant.com (hereinafter, the Websites) are owned by:

  • Company name: MARIA MONTSERRAT BAGUÉ CUBÍ
  • Trading name: GEMMESTERRA and TOTDIAMANT
  • Tax ID (NIF): 46673696-A
  • Registered office: Olot (Girona)
  • Activity: Retail and wholesale trade in gemstones, minerals, jewellery, meteorites, tektites and fossils, and in diamond tools and consumables for lapidary work and jewellery making.

2. Contact details

Users can contact us through the following channels:

3. Main characteristics of our products

The main characteristics of each product, as well as its price, are shown on the relevant product page before purchase, in accordance with article 97 of Spanish Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users (hereinafter, TRLGDCU).

Descriptions are based on our own inspection of the items and on the information and documentation provided by suppliers, manufacturers, mines or laboratories of origin. MARIA MONTSERRAT BAGUÉ CUBÍ reserves the right to decide, at any time, which products it offers to its customers, and may add, withdraw or discontinue any of them at any time and without prior notice, without affecting orders already confirmed.

3.1. Unique natural specimens: acceptable variation

Gemstones, minerals, meteorites, tektites and fossils are unique natural objects. Accordingly:

  • Photographs and videos correspond, wherever possible, to the specific item that will be delivered. The perception of colour, saturation and brilliance may vary depending on the screen, the calibration of the device and the lighting used for the photograph (daylight, warm light or laboratory light). These differences in reproduction do not constitute a lack of conformity.
  • Where the sale relates to non-individualised items (for example, specimens selected by size or quality range), the photograph is illustrative and the item delivered will be equivalent in species, quality and the stated range. This is expressly indicated on the product page.
  • Published weights and measurements are those obtained with our own instruments. A tolerance of $\pm 2%$ in weight and $\pm 1\text{ mm}$ in dimensions is accepted, unless the product page states otherwise.
  • Inclusions, internal fractures, veining, porosity, irregularities in cutting or polishing, matrix remnants and extraction marks are inherent features of natural materials and, unless described as a defect on the product page, are not considered a lack of conformity.
  • Certain mineral species are sensitive to light, heat, humidity, ultrasound or cleaning products. Conservation recommendations are given on the product page or with the item where appropriate; failure to observe them excludes the warranty.

3.2. Treatments and enhancements

It is common and accepted practice in the trade for certain gemstones to have undergone enhancement treatments (heating, oiling or fracture filling, irradiation, diffusion, dyeing, stabilisation, waxing or coating). MARIA MONTSERRAT BAGUÉ CUBÍ undertakes to state on the product page any treatments known to it or declared to it by the supplier of origin, in accordance with trade practice, and to expressly identify synthetic, composite, reconstituted and imitation materials as such.

Where the product page states “treatment undetermined” or “not tested”, this means that no instrumental testing has been carried out on the item and that the description is limited to visual identification of the species. In such cases the price reflects that circumstance, and users who require certainty should request a laboratory report before purchasing.

3.3. Certificates and gemmological reports

Some items are offered with a certificate or report issued by an independent gemmological laboratory. Where this is the case, the laboratory and report number are stated on the product page and the document is sent with the item.

Users should bear in mind that a gemmological report is a technical opinion issued on a given date, not a guarantee of value or a valuation. Grading criteria may vary slightly between laboratories, and such differences of opinion between reputable bodies do not, in themselves, constitute a lack of conformity. Amounts stated for insurance or valuation purposes do not represent market price and are not binding on MARIA MONTSERRAT BAGUÉ CUBÍ.

If the user requests certification of an item that does not have one, MARIA MONTSERRAT BAGUÉ CUBÍ may arrange it as an additional service; the cost, the laboratory and the timescale will be agreed in advance in writing and the service will be invoiced separately.

3.4. Meteorites and tektites

Meteorites are identified, wherever possible, by their official name, type and classification, together with the reference of the publication in which their classification appears. MARIA MONTSERRAT BAGUÉ CUBÍ guarantees the authenticity of material sold as meteorite on the terms of section 13.3.

Fragments, slices and end cuts may show natural oxidation, particularly in metallic materials (irons and pallasites). They should be kept in a dry environment with a desiccant. Oxidation arising from inadequate storage conditions is excluded from the warranty.

Tektites and other impact glasses are sold as natural materials and are not individually certified, unless expressly stated. It is always expressly stated where an item has been cut, polished or faceted from natural material.

3.5. Fossils, heritage and protected species

MARIA MONTSERRAT BAGUÉ CUBÍ only sells specimens whose possession and circulation are lawful, acquired from suppliers who evidence their origin. It does not deal in specimens originating from unlawful excavations, from protected sites, or in goods forming part of the historical or palaeontological heritage of a State that prohibits their export or trade.

Where a fossil has undergone preparation, consolidation, restoration or partial reconstruction — common and necessary practice with many specimens — its approximate extent will be stated on the product page. Composite specimens made up of elements from more than one individual are always identified as such.

Certain materials (for example, some corals, shells, fossil ivory or specimens of species listed in the CITES appendices) are subject to trade, possession or export restrictions. MARIA MONTSERRAT BAGUÉ CUBÍ only offers them where it holds the required documentation, which is supplied with the item. It is the user’s responsibility to verify that importing and holding the item is lawful in their country of residence and to obtain any necessary import permits. MARIA MONTSERRAT BAGUÉ CUBÍ may cancel an order, with a full refund, if the requested destination does not allow the material to be shipped lawfully.

3.6. Lots

Lots are sold as a whole and as described, with no possibility of selecting, substituting or excluding individual pieces. The product page states the number of pieces or the total weight, the species or types included and the range of sizes or qualities. The exact composition may vary within those parameters.

Unless expressly stated otherwise, lots may include pieces with imperfections, fragments, commercial-quality specimens or unsorted material, which is already reflected in the price. For lots sold by weight, the tolerance set out in section 3.1 applies.

3.7. Jewellery and precious metals

Jewellery made of precious metals bears the hallmarks and markings required by applicable rules on articles made of precious metals. The product page states the metal fineness (for example, 925, 750 or 585), the approximate weight and the characteristics of any mounted stones.

Bespoke, resized, engraved or custom-set jewellery is considered goods made to the customer’s specifications, with the consequences set out in section 11 regarding the right of withdrawal. MARIA MONTSERRAT BAGUÉ CUBÍ will confirm the specifications in writing (size, metal, stone, engraving text) before starting work, and the user is responsible for their accuracy.

3.8. Diamond tools (https://totdiamant.com)

Diamond tools are described with their technical specifications: diameter, thickness, arbor or bore diameter, bond type (electroplated, sintered, resin or metal), grit size or micron rating, maximum permissible rotation speed and recommended cooling system.

These are products intended for professional or technical use. It is the user’s responsibility to check, before purchasing, that the tool is compatible with their equipment (power, speed, mounting system, coolant flow) and suitable for the material they intend to work. If in doubt, users may consult our technical advice service before placing an order.

Diamond tools are wear items: the progressive loss of cutting or abrasive capacity through use is inherent to the product and does not constitute a defect. Service life depends on the material worked, the speed, the pressure applied and the cooling used, and cannot be guaranteed in hours, cuts or number of pieces.

3.9. No investment advice

MARIA MONTSERRAT BAGUÉ CUBÍ sells collector items, decorative objects and professional tools. Neither the product descriptions, nor the prices, nor any commercial communication constitute financial or investment advice, or a recommendation to buy for speculative purposes. Gemstones, minerals, meteorites and fossils are not financial instruments, are not traded on any regulated market, and their resale value may be lower than the purchase price. MARIA MONTSERRAT BAGUÉ CUBÍ does not guarantee any increase in value and does not undertake to buy back items sold, unless expressly agreed in writing.

4. Territorial scope of sale, availability and pricing errors

Territories served through the websites

Direct purchase through https://gemmesterra.com and https://totdiamant.com is enabled only for destinations in mainland Spain, the Balearic Islands and the Canary Islands. During checkout, only delivery addresses in those territories can be selected.

Shipments to the Canary Islands are governed by the particular conditions in section 9: as the Canary Islands are outside the scope of EU VAT, the sale is invoiced without VAT and the shipment is subject to customs clearance and to payment of IGIC and, where applicable, AIEM and customs handling fees, all payable by the recipient.

Orders to the rest of the European Union or to third countries

Online orders are not processed for destinations outside mainland Spain, the Balearic Islands and the Canary Islands. This includes Ceuta and Melilla, the remaining EU Member States and any third country.

Users resident in those territories who are interested in an item from the catalogue should first contact MARIA MONTSERRAT BAGUÉ CUBÍ at admin@gemmesterra.com or ventas@totdiamant.com stating the product reference and the delivery address. The purchase will then be concluded by email, in accordance with the procedure in section 6 ter.

If, despite the above, an online order is placed with a delivery address outside the enabled territories, MARIA MONTSERRAT BAGUÉ CUBÍ may cancel it and refund the amount paid in full, or contact the user to redirect the transaction to the email purchase procedure, which will require the user’s express agreement to the new shipping costs and applicable taxes.

Availability

The availability of each product is shown on its product page. Given the nature of the catalogue, many items are unique specimens with only one unit available, which may be sold simultaneously through another channel (fair, physical shop or marketplace). If, after an order has been confirmed, a product is no longer available, MARIA MONTSERRAT BAGUÉ CUBÍ will inform the user as soon as possible by email and/or telephone, and may:

  • offer an item of similar characteristics, price and specifications, informing the user if its price is higher, in which case the order will only proceed with the user’s express agreement and prior payment of the difference; and/or
  • cancel the order, refunding the amount paid in full within a maximum of 14 calendar days.

In the event of an obvious typographical or system error in the published price — meaning one that any reasonable recipient could have noticed given the nature and market value of the item — MARIA MONTSERRAT BAGUÉ CUBÍ will inform the user immediately, and the user may choose between confirming the order at the correct price or cancelling it with a full refund.

5. How to buy

MARIA MONTSERRAT BAGUÉ CUBÍ offers several purchase channels:

  • Online shop: at https://gemmesterra.com and https://totdiamant.com customers have access to the full catalogue, with search by species, type, origin, weight or reference, and a convenient, secure checkout.
  • Personal assistance: if you need help choosing an item, checking the compatibility of a tool or requesting additional photographs or videos of a particular specimen, you can contact us through the channels in section 2.
  • In-person sales and fairs: [state whether MARIA MONTSERRAT BAGUÉ CUBÍ has premises open to the public or attends trade fairs; otherwise, delete this bullet].

6. Purchase process

The user can browse the website until they find the item they want. On the product page they will find full details, price, characteristics and availability, and can add it to the shopping basket.

For a first order, the user will be asked to register by providing an email address and a password, with which they can create and access their account. Registered users must sign in with their email address and password.

Before completing the order, the system will display a summary with the total price, including taxes and shipping costs, together with the essential characteristics of the product, the payment method and the estimated delivery time, so that the user can review everything before confirming the purchase.

To confirm the order, the user must select the payment method (bank transfer or PayPal) and click the ORDER WITH OBLIGATION TO PAY button. By clicking that button, the user assumes the obligation to pay for the order. If PayPal has been selected, the user will be redirected to PayPal’s secure environment to complete the transaction; if bank transfer has been selected, the account details and payment reference will be sent with the order confirmation.

Within a maximum of 24 hours from receipt of the order, the user will receive confirmation by email at the address provided, including a copy of these conditions of sale on a durable medium, as required by article 98 TRLGDCU. Users are advised to keep that email as proof of purchase.

MARIA MONTSERRAT BAGUÉ CUBÍ reserves the right not to accept or to cancel an order, with a full refund and without further liability, where there are reasonable indications of payment fraud, where the user does not provide the information required by anti-money-laundering rules, or where shipping to the requested destination is not legally possible.

6 bis. Trade customers (B2B sales)

When registering or placing an order, the user must expressly state whether they are acting as a private consumer or as a business or self-employed professional (in the latter case, providing their tax ID and company name for invoicing purposes).

Where the buyer purchases the products acting within their commercial, business, craft or professional activity — for example, a lapidary or cutting workshop buying rough material or diamond tools to work with, a jeweller buying stones to set in pieces for their own customers, or a reseller or distributor — they will not qualify as a “consumer and user” for the purposes of the TRLGDCU, regardless of the fact that MARIA MONTSERRAT BAGUÉ CUBÍ also targets consumers.

Consequently, where the buyer acts as a professional, the provisions of these conditions based on consumer protection law will not apply and, in particular:

  • the right of withdrawal set out in section 11, unless MARIA MONTSERRAT BAGUÉ CUBÍ expressly grants it in writing for a specific order;
  • the 3-year consumer legal guarantee in section 13, with the reversal of the burden of proof during the first two years; instead, the regime for hidden defects under the Spanish Civil Code and Commercial Code will apply (in particular, the six-month period under article 1490 of the Civil Code and, in commercial sales, the notification periods under articles 336 and 342 of the Commercial Code — four days for apparent defects in goods delivered packaged, and thirty days for hidden defects), unless MARIA MONTSERRAT BAGUÉ CUBÍ voluntarily offers a different commercial warranty;
  • the user’s home forum provided for in section 20; instead, the parties submit to the courts of Olot.

Particular terms may be agreed with regular trade customers (volume pricing, payment terms, recurring tool supply or reservation of material), which will prevail over these General Conditions in everything expressly agreed in writing.

Nothing in this section affects MARIA MONTSERRAT BAGUÉ CUBÍ ‘s liability for damage caused by defective products, which is governed by Book III of the TRLGDCU regardless of the buyer’s status.

6 ter. International orders: purchase by email

Orders destined for another EU Member State, for Ceuta and Melilla or for a third country are not processed through the websites’ shopping basket, but by direct purchase by email with MARIA MONTSERRAT BAGUÉ CUBÍ. The reason is the need to calculate insured transport individually, the cover available for each destination, the applicable tax treatment and, where relevant, export documentation (CITES, provenance documentation or specific authorisations).

The procedure is as follows:

  1. Request: The user writes to admin@gemmesterra.com or ventas@totdiamant.com stating the reference of the product or products, the country and delivery address, their identification details and, if acting as a professional, their tax ID or intra-Community VAT number.
  2. Quotation: MARIA MONTSERRAT BAGUÉ CUBÍ sends a written quotation with the description and price of the products, transport and insurance costs, applicable taxes, an indication of the import duties and taxes that will be payable by the recipient, the estimated delivery time, the payment method and the validity period of the quotation.
  3. Acceptance: The user expressly accepts the quotation by email. That acceptance is equivalent to confirming an order with an obligation to pay and concludes the contract.
  4. Payment: The amount is paid by the means set out in section 10 (bank transfer or PayPal). The order is not dispatched until payment has been received in full.
  5. Confirmation: MARIA MONTSERRAT BAGUÉ CUBÍ sends the order confirmation and a copy of these General Conditions on a durable medium.

These General Conditions apply in full to such orders, with the following clarifications: the price quoted includes only the items expressly detailed in the quotation; customs duties, import taxes and handling fees in the destination country are always payable by the recipient, who acts as importer of record; and delivery is conditional on the law of the destination country permitting importation, particularly in the case of fossils, meteorites and CITES-listed materials.

MARIA MONTSERRAT BAGUÉ CUBÍ reserves the right not to accept orders destined for countries where it does not have sufficient insurance cover for the value of the item, where transport of the article is not feasible or where its importation is prohibited or restricted, as well as to territories subject to restrictive measures or international sanctions.

Consumers resident in the European Union retain, in these orders, the right of withdrawal and the legal guarantee of conformity on the terms of sections 11 and 13, subject to the warning that return costs from outside Spain and, where applicable, import taxes already paid are not refundable by MARIA MONTSERRAT BAGUÉ CUBÍ where the withdrawal does not arise from an error on its part.

6 quater. Anti-money-laundering and cash payments

As a dealer in precious stones and metals and in works of art, antiques and collectibles, MARIA MONTSERRAT BAGUÉ CUBÍ is subject to Spanish Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing.

Accordingly, where a transaction or a series of linked transactions exceeds the statutory thresholds, or where risk indicators are present, MARIA MONTSERRAT BAGUÉ CUBÍ is required to identify the customer and, where applicable, the beneficial owner, to keep the relevant records and to report suspicious transactions to the competent authorities. The user undertakes to provide the information and documentation requested for that purpose; otherwise, MARIA MONTSERRAT BAGUÉ CUBÍ will be unable to execute the transaction and the order will be cancelled with a refund of the amounts paid.

Spanish law also limits cash payments in transactions involving a business or professional. Purchases made through the websites are paid exclusively by the means set out in section 10; cash and crypto-asset payments are not accepted.

7. Invoicing

The corresponding invoice will be provided with the order, in accordance with article 63.3 TRLGDCU. If the user wishes to receive the invoice electronically, they must state this expressly in the registration form or request it from customer service, which will record their express consent. The user may withdraw that consent at any time by emailing admin@gemmesterra.com or ventas@totdiamant.com with the words “withdrawal of electronic invoicing”; from then on invoices will be issued on paper.

Certain collector, second-hand or antique items may be invoiced under the special VAT margin scheme for second-hand goods, works of art, antiques and collectors’ items (REBU). In such cases the invoice will not show a separate VAT amount and the buyer will not be able to deduct it. This will be indicated on the product page or during the purchase process.

8. Delivery

Place of delivery

  • Collection: users may collect their order from our premises at Olot, subject to prior confirmation of availability and on presentation of identification and proof of order.
  • Delivery to a home or business address: MARIA MONTSERRAT BAGUÉ CUBÍ undertakes to deliver the product in perfect condition to the address given by the user, which must be an address where delivery can be made during normal business hours. Given the high value of many items, shipments require the recipient’s signature and identification; deliveries without signature and leaving parcels in an unattended place are not authorised. We do not ship to PO boxes.

If the user is absent at the time of delivery, the logistics operator’s own procedure will apply; it will usually attempt a second delivery the following day and, failing that, leave the order at its nearest office or contact the user to arrange a new date. If the order is not collected or rescheduled within 10 days, it will be returned to our warehouse; in that case the user must bear the associated outbound, return and handling costs.

MARIA MONTSERRAT BAGUÉ CUBÍ will not be liable for errors or loss in delivery where the address given by the user does not correspond to the intended delivery place. A single order may be delivered in several shipments on different dates.

Checking the goods on delivery

Much of the catalogue consists of fragile items (minerals with delicate crystals, specimens on matrix, thin slices, jewellery or precision tools). On delivery, the user must check the condition of the packaging in the presence of the carrier before signing the delivery note. If any damage, impact, moisture or anomaly is observed, it must be expressly noted on the delivery note and reported to MARIA MONTSERRAT BAGUÉ CUBÍ within 24 hours, with photographs of the product and of the inside and outside of the packaging, so that the incident can be pursued with the logistics operator and the shipment insurer.

For high-value items we recommend filming the unboxing. Signing the delivery note without reservations, or reporting outside the period indicated, may hinder or prevent a transport damage claim being pursued with the insurer.

Delivery times

Orders are processed Monday to Friday. Orders placed before [12:00] are dispatched the same day if the product is in stock; orders received later, or on a Saturday, Sunday or public holiday, are processed on the next working day. Orders requiring specific preparation — setting, engraving, resizing, certification or documentary formalities (CITES, customs) — are subject to the timescale stated on the product page or agreed in writing with the customer.

MARIA MONTSERRAT BAGUÉ CUBÍ will inform the user by email of the dispatch date and of the contact details of the carrier handling the delivery.

Shipments to the Canary Islands: The timescales stated on product pages apply to mainland Spain and the Balearic Islands. Shipments to the Canary Islands require customs clearance and delivery times are extended depending on those formalities and on the recipient’s response to the logistics operator’s requests. Delays attributable to customs or to the recipient’s failure to provide documentation are not attributable to MARIA MONTSERRAT BAGUÉ CUBÍ. For orders concluded by email for the rest of the European Union or for third countries, the estimated timescale is the one expressly stated in the accepted quotation.

Save for force majeure beyond MARIA MONTSERRAT BAGUÉ CUBÍ ‘s reasonable control — including strikes, civil unrest, acts of terrorism or war, fire, explosion, natural disaster, epidemic, inability to use means of transport or telecommunication, or acts or restrictions of any public authority, including customs inspections — the product will be delivered to the address given by the user within the stated time. In the absence of an express time limit, and unless otherwise agreed, delivery will take place within a maximum of 30 calendar days from conclusion of the contract, in accordance with article 66 TRLGDCU; if MARIA MONTSERRAT BAGUÉ CUBÍ fails to meet that deadline, the user may terminate the contract under article 66 bis TRLGDCU.

Delivery is deemed to take place when the product is made available to the user at the stated place. Risk in the products (loss, deterioration or theft) passes to the user from that moment. Where transport has been arranged by the user with a carrier other than those proposed by MARIA MONTSERRAT BAGUÉ CUBÍ, risk passes on handover to that carrier.

Order tracking

Users can track their order from the moment they receive confirmation of dispatch, through their account on the website or through the links provided by the logistics operator. For security reasons, parcels carry no external reference to their contents or value.

9. Prices, charges and taxes

Prices

The price of each product, with its description, is shown on its product page. Depending on the product, the price may be expressed per piece, per carat, per gram or per lot; the unit of sale is always clearly indicated. All purchases made through the websites are subject to Value Added Tax (VAT) or the equivalent tax, at the rate in force at the relevant time and in the relevant territory.

All prices are shown in euros (€). For destinations in mainland Spain and the Balearic Islands, the price shown on the websites is the final price and includes Spanish VAT at the applicable rate.

  • Canary Islands: As the Canary Islands fall outside the scope of EU VAT, orders for the Canary Islands are invoiced without VAT. In exchange, the shipment requires export and import clearance, and on arrival the recipient must pay IGIC, where applicable AIEM, and any customs handling fees charged by the logistics operator. Those amounts are not included in the price shown on the website and are not received by MARIA MONTSERRAT BAGUÉ CUBÍ. Export documentation (DUA) is handled by MARIA MONTSERRAT BAGUÉ CUBÍ or its carrier; if this entails an additional cost, the user will be informed during the purchase process.
  • Rest of the European Union and third countries: For these orders, concluded by email in accordance with section 6 ter, the applicable tax treatment will be expressly stated in the quotation: for consumers resident in other Member States, with the VAT of the destination country where applicable under the One Stop Shop (OSS) scheme; for trade customers with a valid VAT number registered in the VIES of another Member State, under the reverse charge mechanism, subject to verification of the intra-Community VAT number; and, for exports outside the European Union, without Spanish VAT, without prejudice to import taxes.

Prices may change at any time; such changes will not affect products for which an order confirmation has already been sent, nor quotations issued by email within their validity period.

Shipping costs and insurance

For destinations enabled in the online shop, shipping costs are calculated automatically during checkout based on destination, weight, volume and declared value. For all other destinations, they are quoted individually in the emailed offer.

Shipments are sent with insurance cover up to the declared value, on the logistics operator’s terms. If the user requests a shipping method without insurance or without signature, they do so at their own risk and MARIA MONTSERRAT BAGUÉ CUBÍ will not be liable for loss or theft of the parcel once handed to the carrier.

Customs, duties and import taxes

Orders delivered to the Canary Islands and, generally, any order destined outside mainland Spain and the Balearic Islands are subject to payment of the applicable import duties and taxes on arrival, which may vary depending on the delivery address and the type of product. The customer is responsible for verifying that importing the product into the destination territory is lawful — particularly in the case of fossils, meteorites and CITES-listed materials — acts as importer of record and must comply with the applicable rules.

Additional import charges are payable by the recipient. Customs authorities may carry out inspections and checks, and MARIA MONTSERRAT BAGUÉ CUBÍ may have to provide information about the contents of the order both to the carrier and to those authorities. These procedures may cause delays beyond the delivery times stated in these conditions. If the recipient does not pay the taxes or handling fees required at destination, or if an order is held, seized or returned for breach of import rules, the resulting costs — including return costs — will be borne by the user and, where applicable, deducted from any refund.

10. Payment methods

MARIA MONTSERRAT BAGUÉ CUBÍ accepts only two payment methods, both for orders placed through the websites and for orders concluded by email:

  • Bank transfer: Once the order is confirmed, the user will be given the account details and the reference to include in the payment description. The transfer must be made in euros (€) and any associated bank charges, including those of intermediary banks in international transfers, are payable by the sender, so that the amount received matches the order total.
  • PayPal: Payment is made in PayPal’s secure environment, without MARIA MONTSERRAT BAGUÉ CUBÍ having access to the user’s bank or card details. The order is processed once PayPal confirms full and cleared payment.

Card payments through the website, cash on delivery, cash and crypto-assets are not accepted. Any communication requesting payment by a method other than the two stated, or to a bank account other than the one shown in the order confirmation, should be verified through the contact channels in section 2 before any payment is made.

In both cases, the order is not prepared or dispatched until payment has cleared in full. This is particularly relevant for unique items: confirmation of the order alone does not guarantee that the item is reserved. MARIA MONTSERRAT BAGUÉ CUBÍ will hold the item for 7 calendar days from confirmation; if payment has not been received by then, the order may be cancelled automatically and the item returned to stock.

If payment fails, is rejected, revoked or reversed for any reason, the order will be cancelled automatically. Refunds are always made by the same method used for payment; where that was a bank transfer, the user must provide a bank account in their own name so that the refund can be processed.

Reservation with staged payments: For high-value items, a reservation may be agreed by way of a deposit and subsequent instalments, paid by the same two methods. The terms, schedule and consequences of non-payment will be expressly agreed in writing; the item is held and is not dispatched until payment has been received in full.

11. Right of withdrawal

Information and exercise of the right of withdrawal

Under the applicable rules, consumers have the right to withdraw from the contract within a maximum of 14 calendar days, without giving a reason and without incurring any costs other than those provided for in articles 107.2 and 108 TRLGDCU. The period runs from the day the goods are received or, where an order comprises several goods delivered separately, from receipt of the last of them.

The right of withdrawal does not apply in the cases set out in article 103 TRLGDCU and, in particular, without limitation, where the goods:

  • have been made to the consumer’s specifications or clearly personalised: bespoke, resized or engraved jewellery, settings made at the customer’s request, stones cut, recalibrated or polished to their instructions, and tools made or machined to order;
  • are sealed for health protection or hygiene reasons and have been unsealed after delivery (for example, earrings and other items in direct contact with the body);
  • have become inseparably mixed with other goods after delivery, or have been mounted, set or incorporated into another piece such that they can no longer be returned without damage;
  • have been used: in the case of diamond tools, any use that has altered the edge, grit or bond of the tool prevents its return under the right of withdrawal;
  • have a price dependent on fluctuations in the commodity or precious metals markets that MARIA MONTSERRAT BAGUÉ CUBÍ cannot control;
  • correspond to lots that have been opened, split, mixed or partly used.

To exercise the right of withdrawal, the user must complete the form in Annex I and send it to admin@gemmesterra.com or ventas@totdiamant.com; alternatively, they may communicate their decision unequivocally by any other means within the period stated. Once the request is received, MARIA MONTSERRAT BAGUÉ CUBÍ will contact the user with details of the return process.

Condition of the returned goods and identification seal

For a return to be processed, the product must be kept in the same condition in which it was delivered, without having been mounted, cut, polished, cleaned with ultrasound or subjected to any other handling, and with its documentation, certificates, labels, packaging and original accessories.

Items of a certain value are dispatched with a numbered security seal or tag that identifies them unequivocally. That seal should not be removed or tampered with if the user is considering exercising the right of withdrawal: the return of an item with a broken, missing or altered seal obliges MARIA MONTSERRAT BAGUÉ CUBÍ to verify its identity by gemmological analysis, the cost of which may be passed on to the user if tampering or substitution is confirmed. Removing the seal does not in itself deprive the consumer of the right of withdrawal, but it does entitle MARIA MONTSERRAT BAGUÉ CUBÍ to verify the item before refunding.

MARIA MONTSERRAT BAGUÉ CUBÍ may reduce the refund in proportion to any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning, and may refuse a refund if the returned product does not match the one purchased.

Returns must be sent using the same packaging as used for delivery, or equivalent packaging ensuring that the item arrives in perfect condition, and by an insured shipment for the value of the item, with proof of delivery. The risk of loss or damage in transit on return lies with the user until the item is actually received at our warehouse.

Refunds

The user is entitled to a refund of the price of the goods returned, provided they are in the condition described above. MARIA MONTSERRAT BAGUÉ CUBÍ will check the condition and identity of the returned product at its warehouse.

Partial returns of an order give rise to partial refunds of the price and shipping costs. Except where withdrawal arises from an error by MARIA MONTSERRAT BAGUÉ CUBÍ, the user will bear the direct cost of returning the goods, including the cost of insured shipping.

MARIA MONTSERRAT BAGUÉ CUBÍ will refund the amount using the same means of payment used by the user, once the returned product has been checked and, in any event, within 14 calendar days of notice of withdrawal, without prejudice to the right to withhold the refund until the goods have been received, in accordance with article 107.3 TRLGDCU. The time it takes for the refund to appear in the user’s bank or PayPal account will depend on the institution concerned.

12. Returns policy

Faulty goods or goods not matching the order

The user is entitled to a refund of the price and of the shipping costs (outbound and return) for faulty goods, or for goods that do not match the order placed, in accordance with applicable law.

To arrange the return, the user must contact MARIA MONTSERRAT BAGUÉ CUBÍ within a maximum of 14 calendar days of receiving the order at admin@gemmesterra.com or ventas@totdiamant.com or on +34 629 921 113, providing photographs of the item and packaging. MARIA MONTSERRAT BAGUÉ CUBÍ will process the refund using the same payment method used by the user, within 14 calendar days of confirming that the claim is well founded.

Returns due to user error or unmet expectations

Where goods are returned because a tool is not compatible with the user’s equipment, because the wrong reference was ordered by the user’s own mistake, or because an item does not match their subjective preferences as to colour, size or appearance, the cost of the return and, where applicable, of the new shipment is payable by the user, without prejudice to any right of withdrawal they may have as a consumer.

We recommend contacting our customer service and requesting additional photographs or videos before buying a unique item or a tool whose compatibility is in doubt.

13. Warranty

13.1. Legal guarantee

Products purchased by consumers through our websites carry a legal guarantee of conformity of 3 years from delivery, in accordance with the TRLGDCU as amended by Spanish Royal Decree-Law 7/2021 of 27 April.

During the first two years from delivery, any lack of conformity that appears is presumed to have existed at the time of delivery — unless MARIA MONTSERRAT BAGUÉ CUBÍ proves otherwise or that presumption is incompatible with the nature of the goods or of the lack of conformity — and the consumer may choose between repair and replacement. The guarantee period is suspended for as long as the consumer is without the product for repair.

After two years, MARIA MONTSERRAT BAGUÉ CUBÍ may ask the consumer for an expert report evidencing that the lack of conformity already existed at the time of delivery and is not the result of improper use, incorrect handling or the passage of time.

In the case of unique items, where repair or replacement is impossible — which is frequently the case with one-of-a-kind natural specimens — the consumer may opt for a price reduction or termination of the contract, on the terms provided by law.

13.2. Exclusions from the warranty

The warranty covers lack of conformity attributable to origin. The following are excluded, among others:

  • Normal wear of diamond tools and consumables (discs, burrs, pastes, polishing discs, drills), which are by nature items with a limited service life.
  • Breakage, chipping, fracture or loss of polish of stones and minerals occurring during handling, cutting, setting, ultrasonic or steam cleaning, or as a result of knocks, drops or sudden temperature changes after delivery.
  • Changes in colour, opacity or surface resulting from exposure to sunlight, heat, humidity, cosmetics, perfumes, perspiration or chemicals, in species sensitive to those agents.
  • Oxidation of metallic meteorites and other sensitive materials where the recommended storage conditions have not been observed.
  • Deterioration of fossils or fragile minerals through inadequate handling, mounting or display.
  • Damage caused by using a tool above the stated maximum speed, without the prescribed cooling, with inadequate mounting or on a material for which it is not designed.
  • Any recutting, polishing, modification, engraving, plating or repair of the item carried out by the user or a third party, which voids both the warranty and the corresponding certificate of authenticity.
  • Differences in subjective perception of colour, brilliance or appearance compared with the photographs, within the margins described in section 3.1.
  • Damage caused by factors beyond MARIA MONTSERRAT BAGUÉ CUBÍ’s control, such as natural disasters, and ordinary wear resulting from normal use of the product.

13.3. Guarantee of authenticity

MARIA MONTSERRAT BAGUÉ CUBÍ guarantees that the description of each item — mineral or gemmological species, natural or synthetic nature, classification in the case of meteorites, approximate taxonomic identification in the case of fossils, metal fineness and declared treatments — corresponds to the information available to it at the time of sale.

If the user considers that an item does not match its description, they must notify MARIA MONTSERRAT BAGUÉ CUBÍ and provide a report issued by a reputable independent gemmological laboratory or expert, identifying the item unequivocally. If the report confirms the discrepancy, MARIA MONTSERRAT BAGUÉ CUBÍ will refund in full the price paid, the outbound and return shipping costs and the reasonable cost of the report. If the report confirms the original description, the cost of the report will be borne by the user.

This guarantee of authenticity does not apply to items that have been modified, cut, polished, mounted or cleaned after delivery, nor to items whose identification seal has been removed where their identity can no longer be established.

13.4. Repair times and transport costs

Repair or replacement times do not depend solely on MARIA MONTSERRAT BAGUÉ CUBÍ where the manufacturer or a specialist workshop is involved, so MARIA MONTSERRAT BAGUÉ CUBÍ will not be liable for delays arising from the availability of the item or of the relevant technical service, beyond what consumer law requires.

If the damage is found to be due to improper use or handling, the product will be returned to the user carriage forward. MARIA MONTSERRAT BAGUÉ CUBÍ will bear the transport costs of the return only where the warranty claim is well founded.

13.5. Warranty form

To exercise this right, the user must complete the Claims/Warranty form in Annex II, attaching the purchase invoice (with order number and date), the item reference or certificate number and, preferably, photographs of the defect. After submitting it, they will receive a confirmation email with the details of their request.

14. Liability and conformity of the goods

Consumers have the right to repair of the product, to its replacement, to a price reduction or to termination of the contract, on the terms set out in Book II of the TRLGDCU.

If the product does not conform to the order, the consumer may choose between repair or replacement, both free of charge, to be carried out within a reasonable time given the nature of the product and the purpose for which it is intended, unless one of the two options is impossible or disproportionate, which is common with unique goods.

If, after repair and delivery, the product still does not conform, the consumer may require its replacement, a price reduction or termination of the contract.

15. Safe use of diamond tools

The tools sold on https://totdiamant.com are cutting and abrasive equipment intended for professional or technical use. Incorrect use can cause serious injury. The user undertakes to:

  • Read and follow the instructions of the tool manufacturer and of the machine on which it will be mounted.
  • Never exceed the maximum rotation speed stated on the tool or in its technical specifications.
  • Use the prescribed cooling or lubrication (water or coolant) where the tool requires it, both for safety and to preserve its service life.
  • Use appropriate personal protective equipment: goggles or face shield, respiratory protection against silica and other mineral dust, hearing protection and gloves suited to the task.
  • Check the condition of the tool before each use and withdraw it if it shows cracks, segment loss, deformation or imbalance.
  • Not modify the tool, re-bore its mounting hole or use it on materials or operations other than those intended.
  • Keep tools out of the reach of children.

MARIA MONTSERRAT BAGUÉ CUBÍ accepts no liability for personal injury or property damage arising from use contrary to these instructions, to the manufacturer’s instructions or to applicable occupational health and safety rules. This does not limit statutory liability for defective products or the rights granted to consumers by consumer law.

16. Intellectual and industrial property

All content on the websites — texts, descriptions, technical specifications, photographs and videos of the items, logos, trade marks, design and source code — belongs to MARIA MONTSERRAT BAGUÉ CUBÍ or its licensors and is protected by intellectual and industrial property law.

Its reproduction, distribution, public communication or transformation without express written authorisation is prohibited, as is the systematic extraction of content or prices by automated means (scraping) and its reuse for commercial purposes. Use of the websites does not grant the user any rights over that content.

17. Customer service

Customer service contact channels:

18. Complaints

To make a complaint, the user can contact customer service through the channels in section 17, or complete the complaints form in Annex II and send it to admin@gemmesterra.com or ventas@totdiamant.com

Users may also request the official complaint forms provided for under regional consumer legislation and submit them to the relevant consumer authority.

For out-of-court dispute resolution, users may apply to the Consumer Arbitration Board for their place of residence (MARIA MONTSERRAT BAGUÉ CUBÍ will inform the user whether it is a member of the Consumer Arbitration System) or to the European Consumer Centres Network (ECC-Net), at https://cec.consumo.gob.es, particularly for cross-border disputes within the European Union.

19. Personal data protection

MARIA MONTSERRAT BAGUÉ CUBÍ processes the personal data provided by the user in order to manage their account registration, process and ship orders, invoice the purchase, handle enquiries and complaints, comply with its legal obligations and, where applicable, send commercial communications, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 of 5 December (LOPDGDD).

Detailed information on the controller, the purposes, the legal basis, the recipients, the retention period and the exercise of the rights of access, rectification, erasure, objection, restriction and portability — including the right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) — is available in the Privacy Policy published at https://gemmesterra.com and https://totdiamant.com which also includes a specific section on data processing on social media, and which the user declares to have read and accepted before confirming their order.

The websites use their own and, where applicable, third-party cookies. Further information on their purpose and on how to configure or reject them is available in the Cookie Policy published on each website.

20. Governing law and jurisdiction

These conditions are governed by Spanish law. Where the user is a consumer, the parties submit any dispute arising from this contract to the courts of the user’s place of residence, without prejudice to the user’s right to use the out-of-court dispute resolution mechanisms set out in section 18. Where the user acts as a professional, section 6 bis applies.

21. Severability

If any clause of these conditions of sale is declared void, the remaining clauses will remain in force and will be interpreted having regard to the intention of the parties and the purpose of these conditions.

MARIA MONTSERRAT BAGUÉ CUBÍ ‘s failure to exercise any right under these conditions will not be construed as a waiver of that right, save for an express written waiver or the lapse of the corresponding action.

Download documents

Withdrawal form
Claims and warranty form
Scroll to Top