ACCC Pamphlet

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All that glistens in the Jewellery industry is not gold.
 

Are you buying a gemstone or a piece of jewellery ?

Having jewellery valued and repaired ?

You should make sure that what you are buying is what you think you are paying for. Buying a piece of jewellery should be an enjoyable experience. But how do you know what you are buying is actually what you think you are paying for.'
Ask questions and make sure you understand what you are buying:
  • whether the 'gemstone' is natural or laboratory made or whether it has been treated
  • whether the bracelet is genuine 18 ct gold or just 18 ct gold plated
  • what is a 'certificate' or a 'valuation'; how are they different and what do they mean
  • what is meant by any descriptive terms like 'synthetic', 'created' or 'cultured'?
     
JEWELLERY CAN CONTAIN NATURALLY FORMED GEMSTONES OR LABORATORY MADE GEMSTONES, OR EVEN STONES THAT ARE IMITATIONS OF GENUINE GEMSTONES.

Natural gemstones are formed completely by nature without human interference, with the exception of processes such as cutting and polishing. However, gemstones may also be man-made—for example laboratory made diamonds which have the same chemical composition as natural diamonds; or Biron Emeralds which have the same chemical composition as natural emeralds.

Other stones may be made to look like gemstones but hear no other similarity to natural and man-made gemstones.

Caution! The relative value of natural, man-made and artificial gemstones may vary dramatically.

GEMSTONES MAY BE TREATED TO DISGUISE IMPERFECTIONS AND TO ENHANCE THEIR APPEARANCE.

Ask your jeweller whether the gemstone has been treated and, if so, ask what type of treatment and the ramifications of the treatment.

The relative value of treated versus equivalent untreated gemstones varies depending on
the type of treatment and gemstone

Treatments also vary in their level of permanency and the effect they have on the care requirements for the gemstone.

GEMSTONES MAY BE AFFECTED BY CERTAIN CHEMICALS OR PROCESSES.

Some gemstones may be affected by heating or cleaning agents commonly used in the repair of jewellery whether or not the gemstones have been treated.

Your jewellery may also be affected by cleaning agents used in your home. Check with your jeweller regarding your particular piece of jewellery.

Caution! Not all treatments are easily detectable, even by qualified gemmologists and registered valuers.

Valuations and certificates

Do you really know what you are buying or if the person you are dealing with is reputable?
Have you asked the right questions?
What are your consumer rights?

A certificate is a statement of the technical merits of a gemstone whereas a valuation is a statement of its value. A valuation may or may not be based on a certificate.

Caution! If a retailer refers to a certificate or a valuation, ask to see a copy. Check the credentials of the valuer or organisation providing the certificate or valuation.

THE MONETARY VALUE STATED IN THE VALUATION OF A PIECE OF JEWELLERY CAN VARY DEPENDING UPON A NUMBER OF FACTORS.


A valuation for a particular piece of jewellery will vary depending on the purpose of the valuation - that is, what the valuation is designed to be used for - and the market it is based on.
 

Sometimes a jewellery retailer will refer to a valuation during the sales process. These valuations can play an important part in enticing you to buy. If a valuation is referred to or provided in the selling process you should ask what sort of valuation it is, check that it reflects the price the retailer would normally sell the piece of jewellery for and ask if any limitations apply on the valuation.


Caution! If a valuation is referred to, check what it means.

You may want a valuation for a specific purpose. For example, you may want a valuation for resale purposes but you should be aware that the valuation may vary depending on the timeframe in which you want to resell your jewellery.

Or you may want a valuation for insurance purposes. In this case the valuation will also need to reflect the market that you are buying in - for example, whether you are buying over the internet or a normal shop front, buying in the new jewellery marker or the second-hand market. These variables can affect the valuation.

Caution! If you are requesting a valuation make sure that the valuer knows the purpose for which you are requesting it

Know your Rights

What you can do if your rights have been infringed.

The Trade Practices Act 1974
prohibits misleading and deceptive conduct or conduct that is likely to mislead or deceive consumers.
It also prohibits false or misleading representations from being made when supplying or promoting goods or services, including representations relating to price, composition, value, quality, or the savings associated with the purchase.
Part V, Division 2 of the Act also implies certain conditions and warranties into consumer contracts for the supply of goods or services, including jewellery and valuations.


 
In particular, it implies a warranty that:
  • goods must be of a merchantable quality—that is, they must meet the basic level of quality and performance that could be expected given their price and how they are described
  • goods must correspond with their description, photograph or sample
  • services will be rendered with due care and skill and that any materials supplied in connection with those services will be reasonably fit for the purpose.

In general, the implied conditions and warranties cannot be excluded or modified by the trader—for example, by displaying a `No refund' sign.

WHAT YOU CAN DO IF YOUR RIGHTS HAVE BEEN INFRINGED
  • Contact the trader and try to resolve the dispute—put your complaint in writing.
  • Find out whether the trader or the relevant industry association has any procedures for resolving disputes.
  • Contact your state or territory office of fair trading for further options.
  • Read about your rights in the ACCC warranties and refunds brochure available from the ACCC Infocentre on 1300 302 502 or online at www.accc.gov.au.
Consumers have a right to take action if they have been subject to misleading and deceptive conduct or false representations. You can also sue for loss or damage including loss as a result of a breach of the statutory conditions and warranties. However, the ACCC can not take court action on behalf of a consumer if a trader fails to meet its contractual obligations implied under the Act. This is because it would be a breach of the contract between the buyer and the seller, rather than a breach of the Trade Practices Act.

The ACCC and the state and territory fair trading offices can, however, take action against businesses for misleading or deceptive conduct or false or misleading representations.

ACCC CONTACTS

Infocentre: 1300 302 502
Indigenous infoline 1300 303 143
www.accc.gov.au

STATE AND TERRITORY AGENCIES

ACT Office of Fair Trading
GPO Pox 158
Canberra City
ACT 2601
Tel (02) 6207 0400
Fax (02) 6207 0538
www.fairtrading.act.gov.au

NSW Office of Fair Trading
PG Box 972
Parramatta NSW 2124
Tel: 13 32 20 or (02) 9895 0111
Fax: (02) 9895 0222
www.fairtrading.nsw.gov.au

VIC Office of Fair Trading -
Consumer Affairs Victoria
GPO Box 123a
Melbourne VIC 3001
Hotline: 1300 558 181 Tel: (03) 9627 6444
www.consumer.vic.gov.au

TAS Office of Fair Trading
GPO Box 1244j
Hobart TAS 7001
Tel: 1300 65 44 99
Fax: (03)6233 4882
www.consumer.tas.gov.au

 

Western Australian Office of Fair Trading
Locked Bag 14
Cloisters Square WA 6850
Tel: 1300 30 40 54 or (08) 9282 0777
Fax: (08) 9282 0850
www.docep.wa.gov.au

South Australia Office of Consumer and Business Affairs
GPO Box 1719
Adelaide SA 5001
Tel: (08) 82049777
Fax: (08) 8204 9769
South Australian country callers telephone 131 882 at the cost of a local call (exluding mobiles)
www.ocba.sa.gov.au

Northern Territory Office of Consumer and Business Affairs
GPO Box 4160
Darwin NT 0801 Tel: (08) 8999 5184
Fax: (08) 8999 6260
www.caba.nt.gov.au

Queensland Office of Fair Trading
GPO Box 3111
Brisbane QLD 4001
Tel: (07) 3246 1500
Fax: (07) 3246 1504
www.fairtrading.qld.gov.au

 

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