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 |
