Many people who buy jewellery will tend to buy within certain categories which means when they walk into jewellers, rather than browsing they will hone in on a specific display cabinet.
As for what categories of jewellery people regard as their favourite, there is a huge array to choose from.
However, understanding your legal rights before making any purchase is crucial to protecting yourself from fraud and misrepresentation.
One category that attracts particular legal scrutiny is antique jewellery, which is often viewed as an investment.
There is another category of jewellery that is hugely popular and often seen as an investment, which is antique jewellery.
Legal Definitions: Antique vs Vintage Jewellery
Most jewellers and legal authorities classify antique jewellery as any piece manufactured more than one hundred years ago.
It’s important not to confuse this with vintage jewellery, which legally refers to pieces made between fifty and one hundred years ago.
Because the classification of “antique” is time dependent rather than fixed to a specific era, any jewellery purchased today will be classified as antique one hundred years from now.
It may excite or depress you, depending on your point of view, that any jewellery you have bought recently will be classified as antique one hundred years from now.
From that sobering thought to another, which is due to the value of much antique jewellery, it has, unfortunately, led to an increase in the amount of fake antique jewellery which is sold.
Sadly, criminals will jump on any bandwagon where they can make money, and it is painful to think that many people will buy what they believed to be genuine antique jewellery in good faith, only to discover it is fake and worth a fraction of what they paid for it.
So, we want to give you a chance to avoid that.
All you need is a magnifying glass and the confidence to tell anyone who is selling you antique healthy that you want to inspect it closely.
At that point, many crooks trying to sell you a fake will turn tail and make a hasty exit knowing they are about to be rumbled.
The Legal Problem: Fraudulent Antique Jewellery Sales
Due to the high value of genuine antique jewellery, there has been a significant increase in fraudulent sales of fake antique pieces. Under Australian Consumer Law and state-based fair trading legislation, selling misrepresented goods constitutes:
- Misleading and deceptive conduct (Australian Consumer Law s18)
- False or misleading representations (Australian Consumer Law s29)
- Potentially criminal fraud
Victims who purchase fake antique jewellery in good faith often discover the items are worth a fraction of what they paid. However, you have legal recourse.
For those that do not scarper, you can use the following five ways to identify fake antique jewellery.
A Price That Is Too Good To Be True: Be extremely wary of anyone who is offering to sell you antique jewellery at a price that seems ridiculously low.
Yes, we all want a bargain, but most fake antique jewellery is sold for fraction of what the real thing would.
Legal Tip: Request written documentation of the item’s provenance, age, and authenticity. Reputable sellers will provide this without hesitation. Refusal to provide documentation may indicate fraudulent intent.
Determine If The Stone Is A Fake: Two checks to spot fake stones are, 1] Breathe on it and see if it clears immediately. If it does not it is likely a fake. 2]
Does the stone reflect light passing through it? If not, it is probably a fake
Legal Note: If you later discover a stone is fake after being sold as genuine, retain all evidence of the misrepresentation, including advertisements, receipts, and any written or verbal claims made by the seller.
Does The Setting And The Stone Look Like A Match?: This may require some intuition but what you need to do is assess whether the stone, be it a diamond or sapphire, for example, match its setting?
If it looks out of place, the stone is likely a fake
Legal Consideration: Photograph the item before purchase. This documentation can serve as evidence if you later need to pursue legal action for misrepresentation.
A Stone Which Has Been Reset: This can happen when the stone is genuine but the gold ring it was originally set in has been melted down to be sold.
The risk of it being set in another inferior metal ring is that the stone may fall out.
Legal Advice: Obtain written confirmation from the seller regarding whether stones have been reset, and ensure any warranty covers potential issues arising from resetting.
Check The Hallmark: You will need a hallmark guidebook for this.
By checking the hallmark you can instantly tell everything about the jewellery including its age, the metal the ring was made from, and even who made it, which should back up or refute any claims the seller is making.
Legal Protection: Hallmark verification is crucial evidence. If hallmarks are absent, inconsistent or forged, this constitutes strong evidence of fraud. Report such matters to your state’s consumer protection agency and consider consulting a solicitor about potential criminal charges.
Your Remedies if You’ve Been Defrauded
If you’ve realised that you ahve purchased fake antique jewellery:
Immediate steps you can take are:
- Cease using or altering the item
- Gather all documentation (receipts, advertisements, correspondence)
- Obtain an independent valuation from a certified gemologist
- Document all communications with the seller
Legal Options:
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- Minor Disputes
- Small Claims
- Larger Claims
- Criminal Fraud
Reporting Fraudulent Sellers
If you do unfortunatley encounter some fraudulent antique jewellery sales people, be sure to report them to:
- Your state’s Fair Trading or Consumer Affairs office
- The Australian Competition and Consumer Commission (ACCC)
- Local police (for criminal fraud matters)
- Industry bodies such as the Jewellers Association of Australia
By reporting your misfortune, it can help protect other consumers and may assist in finding criminals.