1. Loose Gemstones (Consignment / Memo / Outright Purchase)
Approved gemstones must be returned under the following conditions:
- Refund requests must be made within three (3) business days of delivery.
- Returned by the agreed return date.
- In their original condition, including all packaging and presentation materials.
- With all accompanying documentation.
- Returns must be insured, shipped via an equivalent service level and at the account holder’s expense.
- Sent via express, fully insured and traceable courier service. Original freight and insurance costs are non-refundable.
- All returns must receive prior written approval from Tusk Gallery before dispatch. Returns sent without prior authorisation may be refused and returned at the sender’s expense.
The recipient is responsible for all return shipping costs, insurance, duties, and taxes. Gemstones returned without documentation, past the agreed return date or damaged in transit will be deemed accepted and may be sold.
1.1 Inspection Upon Return
All returned gemstones are subject to inspection by Tusk Gallery. If gemstones show evidence of:
- Damage
- Alteration
- Wear
- Exposure to heat, chemicals or third-party testing
Tusk Gallery reserves the right to:
- Reject the return
- Invoice the full purchase amount
- Deduct restoration or re-certification costs
1.2 No Consumer “Change of Mind”
To the fullest extent permitted by law, Tusk Gallery does not offer refunds, exchanges, or credits for change of mind, subjective preference, market fluctuation or investment performance expectations in relation to:
- Loose gemstones
- Investor grade or collector grade gemstones
- Custom made or bespoke jewellery
- Ready to wear jewellery
All purchases are considered final once payment has been made and accepted.
Nothing in this clause excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law (ACL). ACL consumer guarantees apply only where a product:
- Has a major fault; or
- Is not as described in the final invoice or written specification.
Natural characteristics, inclusions, colour variations and inherent gemstone features are not considered faults.
1.3 Limitation of Liability
To the fullest extent permitted by law:
- Tusk Gallery is not liable for consequential, sentimental, or indirect losses or damages
- Liability is strictly limited to the invoiced value of the gemstone
1.4 Returns & Review Period for Loose Gemstones
Select loose gemstones may be eligible for return within three (3) business days of confirmed delivery, subject to prior written approval and the following conditions:
Eligibility Criteria:
- Initiated by the original purchaser named on the invoice
- The gemstone must be unmounted, unset and not incorporated into any jewellery or setting of any kind
- The gemstone must be unaltered and in original condition
- No evidence of wear, handling damage, re-cutting, heat exposure or third-party examination
- All original documentation, including gem identification reports, must be returned
- The original invoice must be provided
Return Process:
- Written approval must be obtained prior to dispatch
- Return via express, fully insured courier to: Tusk Gallery Pty Ltd, Suite 312, 227 Collins Street, Melbourne VIC 3000, Australia
- Purchaser bears all shipping costs, insurance, duties, taxes and risk of loss during transit
- Loss, delay, or damage in transit remains the responsibility of the purchaser
- Gemstones received without prior approval or not meeting the conditions will be returned at the purchaser’s expense
Refunds:
- Approved refunds are issued in the original invoiced currency
- Shipping charges, import duties, taxes and insurance are non-refundable
- Currency exchange fluctuations may result in a refunded amount differing from the original payment
- Refunds will be issued strictly to the original payment method, excluding original shipping costs and transaction fees
Exclusions:
- Custom sourced gemstones secured specifically for a client
- Stones that have been mounted, altered or submitted to third-party handling
- Change of mind or subjective preference
2. Sourced and Collector Grade Gemstones
2.1 Sourced Gemstones
All custom-sourced gemstones are final sale due to their unique and rare nature.
- Returns or exchanges are only accepted if the gemstone is faulty or does not match the description in the final invoice, in accordance with Australian Consumer Law.
- Deposits paid to secure a sourced gemstone are non-refundable under any circumstances, including unavailability, market fluctuations or changes of mind.
- Ownership transfers only upon full payment, and risk passes to the client upon delivery or collection.
2.2 Collector Grade Gemstones
All collector grade gemstones are final sale due to their exclusivity, rarity and provenance.
- Returns or exchanges are only accepted if the gemstone is faulty or does not match the description in the final invoice.
- Each collector-grade gemstone comes with a GIA certificate confirming provenance, quality and gemmological characteristics.
- Ownership transfers only upon full payment and risk passes to the client upon delivery or collection.
- No refunds, returns or exchanges are permitted for change-of-mind, subjective preference or market fluctuations, except as required by Australian Consumer Law in the event of a major fault or misrepresentation.
3. Bespoke / Custom Made Jewellery
- All bespoke or custom-made jewellery pieces are strictly final sale.
- No returns, exchanges or refunds will be accepted once the order has been confirmed and production has commenced.
- Each piece is individually crafted to the client’s specifications and cannot be resold
- Returns or remedies will only be considered if the item is:
-
- Proven to be faulty; or
- Does not materially correspond with the description outlined in the final invoice.
-
- Any variations, including but not limited to:
-
- Measurements and dimensions
- Stone specifications
- Design details that have been disclosed, discussed and agreed with the client prior to collection will be deemed accepted and compliant.
-
- This applies whether or not such variations are reflected in the final invoice.
- No return, refund, or exchange will be permitted on this basis.
- Due to the handcrafted nature of bespoke jewellery:
-
- Reasonable tolerances and minor variations in measurements, weight, stone characteristics and finish are to be expected
- These do not constitute a fault.
-
- Warranty, service or repair matters will be assessed and handled by Tusk Gallery on a case-by-case basis.
- By proceeding with a bespoke order, the client acknowledges and accepts these terms in full
4. Ready to Wear Jewellery
Eligible ready to wear jewellery may be returned within three (3) calendar days of delivery or collection, subject to the following conditions:
- Item must be unworn, unaltered and in original condition
- All original packaging, tags, certificates and documentation must be returned
- Returns must be insured and shipped at the purchaser’s expense
- All returns are subject to inspection and approval by Tusk Gallery
Refunds:
- Approved refunds will be issued to the original payment method
- Refunds do not include original shipping costs or transaction fees
Exclusions:
- Change of mind or preference
- Customised, resized or altered items
- Damage resulting from wear, misuse, mishandling or unauthorised alteration
- Loss or damage occurring during return transit if the item is not fully insured