These Terms & Conditions (In accordance with Australian Consumer Law) apply to all purchases, commissions, and services provided by Tusk Gallery (“we,” “us,” or “our”). By placing an order, making a payment, or receiving goods or services from Tusk Gallery, you agree to be bound by these Terms.
Nothing in these Terms excludes, restricts, or modifies any rights or guarantees available to consumers under the Australian Consumer Law (ACL).
These Terms cover the following categories of products and services:
- Loose Gemstones – natural precious and semi-precious stones sold outright or on approval.
- Gemstones On Approval (Consignment / Memo) – gemstones provided for evaluation or client consideration.
- Bespoke Jewellery – custom made, handcrafted pieces designed and manufacture to order.
- Ready to Wear Jewellery – ready made jewellery featuring natural gemstones and precious metals.
- Rare & Collector Gemstones – exclusive, high-value gemstones with documented provenance.
- Sourcing Services – assistance in sourcing specific gemstones through our vetted international and Australian suppliers.
All transactions are subject to these Terms and any additional specific conditions that may apply to particular products or services.
1. LOOSE GEMSTONES
1.1 Gemstone Authenticity & Representation
All loose gemstones (Precious & Semi-Precious) sold by Tusk Gallery are natural, genuine stones and are represented accurately at the time of sale. Product images are provided for illustrative purposes and may appear different depending on screen settings and lighting. Variations in colour, tone, inclusions and appearance are inherent to natural gemstones and do not constitute faults under Australian Consumer Law.
1.2 Outright Purchases (Online and In-Store)
These terms apply to all gemstones sold and released by Tusk Gallery to a retail client, trade partner or third party by way of outright purchase, whether transacted online, in-store, via payment link or invoice.
An outright purchase constitutes a completed sale transaction subject to full payment in accordance with these Terms.
Unless expressly stated in writing, an outright purchase does not constitute an approval, consignment or memo arrangement.
1.2.1 Order Acceptance
All purchases, whether made online, in-store, via payment link or invoice, are subject to acceptance by Tusk Gallery.
An online confirmation email or in-store receipt does not constitute final acceptance until:
- Payment has been successfully processed and cleared; and
- The gemstone is confirmed as available and formally allocated to the purchaser.
Tusk Gallery reserves the right to decline or cancel any transaction prior to dispatch or collection in circumstances including (but not limited to):
- Pricing or system errors
- Stock unavailability
- Suspected fraudulent activity
- Breach of these Terms
If a transaction is cancelled prior to release of goods, a full refund will be issued.
1.2.2 Payment Methods and Delivery
1.2.2.1 In Store (Retail / Trade Clients)
Accepted payment methods include:
- Cash: Subject to applicable legal tender limits and compliance with anti-money laundering regulations; Tusk Gallery reserves the right to request identification for large cash transactions.
- EFTPOS / Debit Card: Payments processed immediately at the time of purchase.
- Credit Card: Subject to processing fees, where disclosed at the time of payment.
- Bank Cheque: Must be made payable to Tusk Gallery and cleared before goods are released.
- Tusk Gallery Gift Voucher: Valid vouchers may be redeemed in full or in part toward purchase; any remaining balance must be paid via another accepted method.
All payments must be made in full without deduction, set off or withholding unless required by law. Title to purchased gemstones transfers only upon receipt of full cleared funds.
Cash payments are accepted in accordance with Australian law. Tusk Gallery reserves the right to request identification or decline large cash payments where required for regulatory compliance.
1.2.2.2 Online Payment
- Retail Clients: Full payment is required at checkout via approved electronic payment methods. Orders will not be processed until payment has been authorised and received.
- Trade Clients: Full payment is required prior to dispatch unless approved credit terms are in place. All payments must be made in full without deduction, set off, or withholding, unless required by law.
- Payment via Invoice or Payment Link: Approved clients may receive an invoice or payment link. Full payment must be completed prior to dispatch or collection, and title transfers only upon receipt of cleared funds.
1.2.2.3 Delivery of Goods
All gemstones and jewellery purchased under the Instalment Account remain the property of Tusk Gallery until the full purchase price has been paid. The gemstone(s) and/or jewellery item(s) will only be released or delivered to the customer once all instalments have been paid in full and cleared in the Company’s account.
For all other purchases, including those made via invoice or payment link, gemstones and jewellery will only be released or delivered once full invoiced payment has been received and cleared in Tusk Gallery’s account.
Title to all goods transfers to the customer only upon receipt of cleared funds.
1.3 Pricing
All prices are displayed in Australian Dollars (AUD) unless otherwise specified. Tusk Gallery reserves the right to correct pricing inaccuracies, typographical errors, or system errors prior to dispatch or collection.
If a pricing error is identified, the purchaser will be given the option to:
- Proceed at the corrected price; or
- Receive a full refund.
Pricing reflects prevailing market conditions and may vary prior to invoicing due to gemstone market movements, metal prices, or currency fluctuations.
1.4 Transfer of Title
Legal and beneficial title to the gemstone transfers only upon receipt of full cleared funds. For cash purchases made in-store, title transfers at the time of completed payment and collection. Until title transfers, all goods remain the property of Tusk Gallery.
1.5 Risk & Responsibility
Risk in the gemstone passes:
- For in-store purchases: upon physical collection;
- For shipped purchases: upon confirmed delivery to the nominated address.
From that time, the purchaser assumes full responsibility for insurance, safekeeping, loss or damage.
Tusk Gallery is not responsible for courier delays, customs processing delays, or events beyond reasonable control.
1.6 Payment Reversal or Fraud
If any electronic payment is reversed, disputed, or found to be fraudulent after release of goods:
- Title immediately reverts to Tusk Gallery;
- The purchaser remains liable for the full purchase price;
- Tusk Gallery reserves the right to recover the goods and pursue associated recovery costs.
2. LOOSE GEMSTONES ON APPROVAL (Consignment / Memo)
These terms apply to all gemstones released by Tusk Gallery to a client, trade partner, or third party on an approval, consignment or memo basis (“Approval Period”).
2.1 Ownership, Sale and Value
- Gemstones on-approval remain the sole and exclusive property of Tusk Gallery until full payment is received.
- Approval is granted strictly for private viewing, evaluation or client consideration and does not constitute a sale until full payment has been received and confirmed in writing by Tusk Gallery
- The Approval Period does not constitute a sale; no transfer of ownership occurs until full payment and written confirmation.
- A gemstone is deemed sold if:
- Written purchase confirmation is provided, or
- The gemstone is not returned within the Approval Period, or
- The gemstone is returned in unacceptable condition.
- The total value of gemstones held On-Approval must not exceed AUD $5,000 unless otherwise authorised in writing.
2.2 Fixed Pricing
- The price of gemstones on approval is fixed at the time of release.
- Pricing cannot be altered while the gemstone is held by the client or recipient.
- Changes in market value, currency fluctuations, or sourcing costs do not affect the agreed price during the Approval Period.
- Tusk Gallery conducts market pricing reviews on a six-month cycle and reserves the right to adjust pricing prior to approval release, but not while the gemstone is on consignment.
2.3 On Approval Fees
Where applicable:
- Fees must be paid within three (3) business days where a purchasing decision is pending.
- If purchased, the fee is credited to the final invoice.
- On Approval stones are not eligible for refund.
2.4 Payment Terms
2.4.1 Australia & New Zealand
- Standard terms: Five (5) business days from invoice.
- Payment via Bank Transfer, Payment link or Credit Card (fees may apply).
- Unless otherwise approved, a 14 days credit Trade Account may be granted subject to prior written approval, or as otherwise agreed with Management.
2.4.2 International Accounts
- Terms: Three (3) business days from invoice.
- 50% deposit (including shipping) required prior to dispatch.
- Balance payable within invoice period.
- Payment via Bank Transfer, Payment link or Credit Card (fees may apply).
2.5 Overdue Accounts
2.5.1 Interest
Any amount not paid by the due date will accrue interest at the rate of 15% per annum, calculated daily from the due date until payment is received in full.
2.5.2 Recovery Costs
The Account Holder agrees to indemnify Tusk Gallery for all costs incurred in recovering overdue amounts, including:
- Legal fees
- Collection agency fees
- Administrative costs
2.6 Default
The Account Holder will be in default if:
- Payment is not made when due
- Insolvency, bankruptcy, liquidation, or administration occurs
- The gemstone is not returned when required
- There is a material breach of this Agreement
Upon default, Tusk Gallery may:
- Suspend further supply
- Cancel outstanding orders
- Demand immediate payment of all outstanding amounts
- Recover goods without notice
2.7 Retention of Tittle
Until full payment of all monies owed:
- Title in all gemstones remains with Tusk Gallery.
- The Account Holder holds goods as bailee only.
- Goods must be separately stored and clearly identifiable as property of Tusk Gallery.
If payment is overdue, Tusk Gallery may enter premises where goods are stored to recover them, without liability for trespass (to the extent permitted by law).
2.8 Eligibility & Approval Grant
Gemstones on approval are provided at Tusk Gallery’s sole discretion and may be extended only to approved retail clients, trade customers, or industry professionals.
Tusk Gallery reserves the right to:
- Refuse approval requests without explanation
- Limit the number, value or type of gemstones released
- Require references, deposits or security prior to release
2.9 Approval Period Duration
Unless otherwise agreed in writing:
- The standard approval period is five (5) business daysfrom delivery received
- Extensions must be requested and approved in writing prior to expiry
- Failure to return gemstones within the agreed period constitutes acceptance and purchase
2.10 Deposits, Security & Payments
Tusk Gallery may require:
- A refundable or non-refundable deposit
- Full invoicing prior to release
- Credit card pre-authorisation or trade account approval
If gemstones are not returned within the approval period or are returned in non-compliant condition, full payment becomes immediately due.
2.11 Pricing & Market Fluctuations
Gemstones on approval are subject to:
- Live international market pricing
- Currency exchange fluctuations
Prices are valid only during the Approval Period and may change without notice thereafter. Tusk Gallery conducts pricing reviews on a three-month cycle and reserves the right to re-price gemstones not purchased within the agreed timeframe.
2.12 Conversion to Sale
A gemstone is deemed sold when:
- Written purchase confirmation is provided, or
- The gemstone is not returned within the Approval Period, or
- The gemstone is returned in unacceptable condition
Upon conversion to sale:
- Any deposit is applied to the final invoice
- Ownership transfers only upon full payment
2.13 Care, Handling & Restrictions
During the Approval Period, the recipient agrees that gemstones shall:
- Be handled with the highest level of care
- Remain unmounted, unaltered and untreated
- Not be re-cut, heated, polished, tested or submitted to third-party laboratories
- Not be transferred, sold, pledged or entrusted to any third party
Gemstones must remain in the recipient’s direct possession and control at all times.
2.14 Risk, Loss and Insurance
Risk transfers to the recipient immediately upon delivery.
The recipient is fully responsible for:
- Loss, theft, damage or disappearance
- Damage caused by mishandling, negligence or third-party access
The recipient must maintain full insurance coverage for the gemstones for their full replacement value throughout the Approval Period.
In the event of loss or damage, the recipient agrees to pay the full invoiced value of the gemstone(s) immediately.
3. GEMSTONE SOURCING
Tusk Gallery sources gemstones exclusively through our carefully vetted international and Australian suppliers, selected for their ethical practices, consistency and quality control.
3.1 Eligibility
Gemstone sourcing services are available only to approved clients, including trade account holders and verified retail clients. Approval for sourcing services is granted at Tusk Gallery’s sole discretion.
3.2 Deposits
A non-refundable deposit is required to secure any gemstone for sourcing. Payment of the deposit:
- Confirms the client’s commitment to the transaction;
- Allows Tusk Gallery to begin sourcing, reserving or allocating the gemstone; and
- Will be applied toward the final purchase price once full payment is received.
Deposits are non-refundable under any circumstances, including unavailability, market fluctuations or changes of mind.
3.3 Availability
Due to the dynamic nature of the international gemstone market:
- Availability of any particular gemstone cannot be guaranteed until full purchase confirmation;
- If a confirmed gemstone becomes unavailable, Tusk Gallery will propose a suitable alternative of equal or lesser quality and value;
- Clients may accept the alternative or cancel the order; however, the non-refundable deposit will remain.
3.4 Pricing
Pricing for sourced gemstones is determined at the time of invoicing and is based on:
- Current international market value
- Currency exchange rates
- Supplier availability and sourcing costs
Tusk Gallery conducts pricing reviews on a three-month cycle and reserves the right to adjust pricing at any time prior to invoicing. Prices are fixed only upon issuance of a formal invoice and receipt of cleared payment.
3.5 Payment, Title and Risk
- Ownership of sourced gemstones transfers only upon full payment;
- Risk passes to the client upon delivery or collection, whichever occurs first;
- Clients are responsible for insuring gemstones from the point of delivery or collection.
3.6 Limitations
Tusk Gallery does not guarantee that any gemstone sourced will meet subjective preferences beyond agreed specifications. Market availability, supplier allocation, and international regulations may affect options.
4. BESPOKE JEWELLERY
Each custom-made jewellery is individually designed and handcrafted to order. Due to the highly personal and made-to-order nature of high jewellery, all bespoke orders are final once confirmed.
Returns, refunds, exchanges or cancellations are not permitted, except where required under Australian Consumer Law.
4.1 Pricing & Market Conditions
- Tusk Gallery conducts pricing reviews on a three-month cycle to reflect current market conditions, including precious metal prices, gemstone availability and currency exchange rates.
- Final Gold pricing is calculated at the time of invoice.
- Prices may change without prior notice prior to invoicing.
- A gemstone sourcing facility is available for approved clients. Deposits are required to secure gemstones.
4.2 Payments & Ownership
- A deposit is required to secure materials and commence production.
- All bespoke jewellery remains the property of Tusk Gallery until paid in full.
- All Deposits are non-refundable.
- Any alterations or additions after design approval will incur additional charges.
Final payment is requested once photographic and/or video confirmation of the completed piece has been provided and approved.
4.3 Production Timeframes
Production timelines are estimates only and may vary due to sourcing, approvals, casting, stone setting or external factors beyond our control. Tusk Gallery is not responsible for client-imposed deadlines.
4.4 Delayed Payments & Forfeiture
If payment or reasonable correspondence is not received within 14 days of completion, the jewellery will remain the property of Tusk Gallery and may be forfeited. Reasonable efforts will be made to contact the client prior to forfeiture.
5. READY TO WEAR JEWELLERY
Ready to wear jewellery pieces may feature natural gemstones, precious metals and handcrafted elements. Due to the inherent characteristics of natural materials:
- Variations in colour, tone, clarity, inclusions and texture may occur;
- Natural gemstones may contain inclusions or unique internal characteristics;
- Slight variations in setting, finish or dimensions may occur due to hand craftsmanship;
- Product images are provided for illustrative purposes and may appear different depending on screen settings and lighting.
These natural variations and characteristics do not constitute faults or defects and will not be considered grounds for return.
5.1 Deposits & Payment
- A refundable deposit may be required to reserve the jewellery.
- Full payment is required prior to delivery or collection.
- Accepted payment methods include:
- Cash (subject to legal tender limits and AML compliance)
- EFTPOS
- Credit card (fees may apply)
- Bank cheque payable to Tusk Gallery
- Valid Tusk Gallery gift voucher (where applicable)
- Ownership transfers only upon receipt of cleared funds.
5.2 Reservation & Collection
- Reserved ready to wear jewellery will only be held for a maximum period of five (5) business days from the date of confirmation unless otherwise agreed in writing.
- Failure to complete payment within the agreed period may result in the release of the gemstone to another client.
6. RARE & COLLECTOR GEMSTONES
Rare and collector gemstones are natural products formed over millions of years and may display inherent characteristics including inclusions, growth features, colour zoning, silk, fingerprint inclusions or other internal features consistent with their geological origin.
Variations in colour, tone, saturation, clarity, fluorescence and transparency are natural and contribute to each gemstone’s individuality and rarity. No two gemstones are identical.
Some rare gemstones may be untreated, minimally treated or traditionally treated in accordance with industry standards. Treatment disclosures, where known, will be provided at the time of sale.
These natural characteristics are not defects and do not constitute faults for the purposes of return or exchange.
6.1 Eligibility
- Rare and collector gemstones are exclusively available to registered retail clients of Tusk Gallery.
- Access to pricing, availability and purchase options is restricted to clients who have been pre-approved by Tusk Gallery.
- Tusk Gallery reserves the right to refuse any request to view or purchase these gemstones at its sole discretion.
6.2 Pricing
- Prices for rare and collector gemstones are fixed at the time of quotation and are exclusive to approved Retail clients.
- Pricing reflects the gemstone’s rarity, provenance, quality and market value.
- Tusk Gallery may review and update pricing periodically but will only confirm final prices upon formal quotation or invoice.
6.3 Deposits & Payment
- A non-refundable deposit may be required to secure the gemstone.
- Full payment is required prior to delivery or collection.
- Accepted payment methods include:
- Cash (subject to legal tender limits and AML compliance)
- EFTPOS
- Credit card (fees may apply)
- Bank cheque payable to Tusk Gallery
- Valid Tusk Gallery gift voucher (where applicable)
- Ownership transfers only upon receipt of cleared funds.
6.4 Reservation & Collection
- Reserved gemstones will only be held for a maximum period of five (5) business days from the date of confirmation unless otherwise agreed in writing.
- Failure to complete payment within the agreed period may result in the release of the gemstone to another client.
6.5 Delivery & Risk
- Risk in the gemstone transfers to the client upon confirmed delivery for shipped items or upon collection in-store.
- Clients are strongly advised to arrange insurance immediately to protect against loss, theft or damage.
- Tusk Gallery is not liable for loss or damage occurring after delivery or collection.
6.6 Inspection & Verification
- Clients are strongly encouraged to inspect gemstones thoroughly in-person at the Tusk Gallery store upon collection or carefully upon delivery for shipped items.
- Any concerns regarding authenticity, condition or accompanying documentation must be reported immediately in writing to Tusk Gallery.
- Failure to report issues promptly may be deemed acceptance of the gemstone in its delivered or collected condition.
6.7 Confidentiality & Non-Disclosure
- Pricing and availability information for rare and collector gemstones is confidential and may not be disclosed or shared with third parties.
- Clients agree not to publicly advertise, list or circulate details of these gemstones without prior written consent from Tusk Gallery.
7. MATERIALS & SUPPLIERS
7.1 No Client-Supplied Materials
Tusk Gallery does not accept client supplied materials, including heirloom stones, metals or any components, for use in our jewellery. All pieces are created using materials sourced directly and exclusively by Tusk Gallery.
7.2 Sourcing Standards
All gemstones and metals used in our jewellery are obtained exclusively from trusted and vetted suppliers. This ensures consistency, quality, durability and compliance with our high manufacturing and ethical standards.
7.3 Quality Assurance
By sourcing all materials directly, Tusk Gallery maintains full control over:
- Material authenticity and certification
- Ethical sourcing practices
- Compliance with industry standards and quality control
8. WARRANTY, GEMSTONE GUARANTEE & INVESTOR DISCLOSURE
Tusk Gallery jewellery and gemstones are crafted and supplied to the highest industry standards. Manufacturing faults will be assessed and remedied in accordance with the Australian Consumer Law (ACL).
8.1 Manufacturing Warranty
This warranty covers genuine manufacturing defects in craftsmanship.
This warranty does not cover:
- Normal wear and tear
- Scratches, dents, surface marks or gradual deterioration
- Damage caused by misuse, accident, impact or improper care
- Exposure to chemicals, solvents, perfumes, cleaning agents or corrosive substances
- Heat exposure or temperature extremes
- Ultrasonic or abrasive cleaning damage
- Third-party alterations, resizing, repairs or modifications
- Loss of gemstones caused by impact, improper handling or third-party work
8.2 Gemstone Colour & Stability Guarantee
Natural gemstones supplied by Tusk Gallery carry a lifetime guarantee of their natural colour stability, provided the gemstone has not been:
- Subjected to heat treatment after purchase
- Exposed to chemicals, acids, cleaning agents or corrosive substances
- Re-cut, polished, drilled or altered in any way
- Mounted, unset or reset improperly
- Submitted for treatment, enhancement or modification by a third party
Any alteration, mounting damage, chemical exposure, heat application, laboratory submission or third-party handling voids this colour guarantee.
Natural inclusions, colour zoning, internal features and inherent gemstone characteristics are not defects and do not affect authenticity or validity.
8.3 Investor & Collector Grade Gemstones
Investor grade and collector grade gemstones are acquired for their rarity, provenance and intrinsic gemmological characteristics.
Authenticity & Certification
Where applicable, gemstones may be accompanied by independent laboratory certification (e.g., GIA or equivalent). Certification confirms characteristics at the time of assessment only.
Tusk Gallery does not guarantee future grading outcomes if the gemstone is resubmitted to a laboratory.
No Investment Performance Guarantee
Tusk Gallery does not provide financial, investment, appreciation, resale or liquidity guarantees in relation to:
- Future market value
- Resale performance
- Demand fluctuations
- Currency movements
- International market conditions
Market conditions are beyond the control of Tusk Gallery.
8.4 Post Purchase Alteration & Acceptance
Once a gemstone or jewellery item has been:
- Mounted or set into jewellery
- Re-cut, polished, modified or resized
- Altered by a third-party jeweller
- Submitted to a laboratory for re-grading
It is deemed accepted. Any subsequent grading variance, damage, structural change or value impact is not the responsibility of Tusk Gallery.
8.5 Care Recommendations
Regular professional cleaning and servicing are recommended to maintain structural integrity and longevity.
Tusk Gallery is not responsible for deterioration resulting from improper storage, wear conditions, environmental exposure or external mechanical stress.
8.6 Limitation of Liability
To the fullest extent permitted by law:
- Liability is limited to repair, replacement or the invoiced purchase price (at Tusk Gallery’s discretion).
- Tusk Gallery is not liable for indirect, consequential, sentimental, speculative or investment-related losses.
- Natural gemstone characteristics are not considered faults.
Nothing in this section excludes, restricts or modifies any rights, guarantees, remedies or obligations that cannot be excluded under the Australian Consumer Law or any other applicable legislation.
Where a statutory guarantee applies and cannot be excluded, Tusk Gallery’s liability is limited, to the extent permitted by law, to:
- Repair of the goods;
- Replacement of the goods; or
- Payment of the reasonable cost of repair or replacement.
For goods not ordinarily acquired for personal, domestic, or household use, liability is limited to the maximum extent permitted under section 64A of the ACL.
9. SHIPPING, RISK AND INSURANCE9.1 Shipping
- Complimentary Shipping for Retail Customers: Tusk Gallery provides complimentary secure, insured, express shipping on all retail orders worldwide.
- All shipments are fully insured to the invoiced value until confirmed delivery.
- Domestic Shipping (Australia): Sent via Australia Post Express.
- International Shipping: Sent via Australia Post Express International or FedEx / TNT Express, depending on destination, value and security requirements.
- Trade Customers: Shipping costs are calculated at checkout once logged into a trade account or invoiced separately where applicable.
9.2 Estimated Delivery Times (Express Services)
Delivery timeframes below are estimates only and are in addition to production timelines for custom made jewellery.
Australia (Australia Post Express)
1-2 business days (metro areas)
2-3 business days (regional/remote areas)
New Zealand (Australia Post Express International)
2-4 business days
Asia (Express International)
2-5 business days (Please note strict customs regulations apply in parts of Asia. Singapore and Hong Kong generally clear faster)
USA & Canada (Express International)
3-6 business days
Europe (Express International)
3-6 business days
Rest of the World
5-7 business days (location dependent)
Customs Notice: International deliveries may be subject to customs clearance procedures, import duties, VAT or inspections beyond Tusk Gallery’s control. Customs inspections may cause delays. Tusk Gallery is not responsible for customs related delays or charges.
9.3 Courier & Delivery Requirements
- All shipments are express, fully insured and always traceable.
- Adult signature is required on delivery for all shipments.
- Clients must ensure someone over 18 years of age is available to sign at the delivery address.
- Delivery instructions requesting authority to leave unattended will not be accepted for high value items.
9.4 Transfer of Risk
- Risk and responsibility transfer to the purchaser upon:
- Confirmed delivery (for shipped items), or
- Collection (for in-store purchases)
9.5 Insurance & Liability
- Tusk Gallery insures all shipments to the full invoiced value until confirmed delivery.
- Clients are strongly advised to arrange personal insurance coverage immediately upon receipt.
- Tusk Gallery is not liable for:
- Delays caused by couriers or customs
- Loss or damage occurring after confirmed delivery
- Events beyond reasonable control (force majeure)
10. ANTI MONEY LAUNDERING & REGULATORY COMPLIANCE
10.1 Compliance Obligations
Tusk Gallery is committed to conducting business in accordance with all applicable Australian laws and regulatory requirements, including anti-money laundering, counter-terrorism financing, sanctions and fraud prevention legislation. We reserve the right to take reasonable steps to verify the identity of any purchaser prior to completing a transaction.
10.2 Identity Verification
For high-value transactions, cash purchases, international transactions or where required by law, Tusk Gallery may request:
- Government-issued identification
- Proof of residential or business address
- Company or trust documentation
- Source of funds confirmation
- Any additional information reasonably required to verify the legitimacy of the transaction
Failure to provide requested documentation may result in delay, suspension, or cancellation of the transaction.
10.3 Cash Transactions
Cash payments are accepted in-store in accordance with Australian law. However, Tusk Gallery reserves the right to:
- Decline large cash payments
- Request identification for cash transactions above internal compliance thresholds
- Refuse structured or suspicious payment arrangements
All cash transactions must comply with applicable financial reporting and anti-money laundering requirements.
10.4 Suspicious Transactions
Tusk Gallery may refuse, delay, cancel or report any transaction where we reasonably suspect:
- Fraudulent activity
- Money laundering or illegal conduct
- Sanctions breaches
- False or misleading information
- Unusual or structured payment behaviour
Where required by law, Tusk Gallery may report suspicious transactions to relevant authorities without notice to the client.
10.5 Sanctions & Restricted Persons
By entering into a transaction with Tusk Gallery, you warrant that:
- You are not subject to any trade sanctions, asset freezes or government restrictions
- You are not acting on behalf of a sanctioned individual or entity
- The funds used for purchase are derived from lawful sources
Tusk Gallery reserves the right to terminate any transaction if this warranty is breached.
10.6 Privacy & Data Handling
Any personal information collected for compliance purposes will be handled in accordance with our Privacy Policy and applicable privacy legislation. Information will only be used for verification, compliance and regulatory obligations, including anti money laundering, fraud prevention and transaction monitoring.
Clients may access, correct or request deletion of their personal information in accordance with the Privacy Policy and applicable law. More information about how Tusk Gallery collects, uses, stores, and protects personal data, as well as your privacy rights, can be found in our Privacy Policy available on our website or upon request.
11. AUSTRALINA CONSUMER LAW
These Terms & Conditions are governed by the laws of Australia and form part of Tusk Gallery’s overarching Terms & Conditions.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies available to consumers under the Australian Consumer Law (ACL).
11.1 Consumer Guarantees
Where a gemstone or product has a major fault or is not as described, remedies will be provided in accordance with ACL, which may include:
- Repair
- Replacement
- Refund
- Compensation for any reasonably foreseeable loss or damage
These statutory remedies do not apply in the following circumstances:
- Change of mind
- Loss or damage arising from misuse, mishandling, or negligence
- Unauthorised alteration, modification, or testing of the gemstone
- Damage occurring during transit, shipping, or return
11.2 Change of Mind
Change of mind returns are not accepted unless expressly provided under a separate written return policy.
11.3 Guarantees
All Tusk Gallery goods come with guarantees that cannot be excluded under ACL, ensuring that consumers are entitled to remedies for major failures as outlined above.