These terms apply to every hold, order and purchase from Superior Gems Pty Ltd (ABN 70 688 623 681, ACN 688 623 681), trading as Superior Gems ("we", "us"). By opening a trade account or placing an order, you ("the buyer") accept them. If they conflict with anything else we publish, these terms win unless we agree otherwise in writing.
1. Trade only
We sell only to businesses buying for resale, manufacture or professional use. We do not sell to consumers. We may decline any application or order. You confirm that you buy in the course of your business.
2. Prices and currency
All prices are in US dollars (USD) and exclude GST, duties, import taxes and shipping unless stated. Any figure shown in another currency, such as AUD, is an estimate for convenience only. You are invoiced and pay in USD, and the exchange rate on the day you pay may differ.
3. Quotes, listings and orders
Prices and availability in the trade portal change through the day and are an invitation to deal, not an offer. A quote is valid for 24 hours. An order is binding only once we confirm it. Holds last 24 hours unless we agree otherwise. If a stone turns out to be unavailable or mispriced, we may cancel the order and refund anything you have paid for it.
4. Payment
- Prepay: unless you have approved credit terms, orders are paid in full before dispatch.
- Credit terms: approved accounts may be given 30 days from invoice. We set and may change or withdraw the credit limit at any time.
- How to pay: international wire transfer to the account shown on the invoice, or a local transfer for customers in Australia or Canada. Bank charges are paid by the buyer. Payments are made without set-off or deduction.
- Late payment: overdue amounts may attract interest of 2% per month, calculated daily from the due date until paid, and we may hold further orders until the account is paid.
5. Shipping, title and risk
We ship with FedEx or Malca-Amit, insured in transit. Title (ownership) and risk of loss or damage pass to the buyer on delivery to the address on the order. If a stone is not fully paid for at delivery, we keep a security interest in it until it is, and you must not sell or set it until then unless we agree in writing.
6. Certificates and grading
Grading reports from GIA, IGI and HRD are issued by those independent laboratories. We supply them as issued and are not responsible for a lab's opinion or for differences between labs. You can check a report on the lab's own website. Stones without a lab report are described by us in good faith. Laboratory-grown diamonds are always disclosed as such (see our lab-grown disclosure policy). Natural diamonds are sold with the World Diamond Council System of Warranties statement on the invoice.
7. Reporting a problem
Inspect every parcel when it arrives. If a stone is damaged, missing or not as described, report it within 7 days of delivery using Report a problem on the order in the trade portal, or through Messages & Support. Please keep the packaging and do not alter or set the stone. Goods not reported within that window are treated as accepted, except where the law says otherwise.
8. Returns
A stone can be returned only if its listing shows it as returnable. A returnable stone may be sent back within 7 days of delivery, unset and in the same condition, with its original certificate. The buyer pays return shipping and insurance unless the stone was not as described. Non-returnable stones, cut-to-spec stones and melee parcels cannot be returned except where they are faulty or not as described.
9. Cut-to-spec orders
Stones cut to your specification need a deposit of 50% of the quoted price before work begins. The deposit is not refundable once cutting starts.
10. Compliance
We may ask for information to verify your business and its owners, and may refuse, delay or cancel a transaction to meet anti-money-laundering, counter-terrorism financing or sanctions obligations. You confirm that the goods will not be sold in breach of sanctions or export laws.
11. Limitation of liability
Nothing in these terms excludes rights you have under the Australian Consumer Law that cannot be excluded. Subject to that, and to the extent the law allows:
- our total liability for any claim about an order is limited to the price paid for the goods concerned, or, at our option, replacing the goods or refunding their price;
- we are not liable for indirect or consequential loss, such as lost profits, lost sales or loss of reputation;
- we are not liable for delays or failures caused by events outside our reasonable control, including carrier, customs or laboratory delays.
12. Governing law
These terms are governed by the laws of New South Wales, Australia, and the courts of that state have jurisdiction.
13. Contact
Questions about these terms: use Messages & Support in the trade portal, or call +61 410 058 909. Registered address: Suite 9, Level 2, 424–430 George St, Sydney NSW 2000.