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 |
