The Assay Assured Retailers’ Code of ConductF.Hinds - an Assay Assured jewellery retailer, has agreed to comply with this code of conduct. This code refers to jewellery but applies equally to any other precious metal items offered for sale by Assay Assured jewellery retailers.
1. Quality Assurance
a. The description of every item of jewellery offered for sale by the retailer will give clear, honest and accurate information regarding the item's precious metal content including what metal(s) the item is made of and fineness.
b. The retailer guarantees to purchasers that the precious metal content of items is as described on its website.
c. Regarding items which are exempt from hallmarking by virtue of weight, the retailer will submit samples of its stock to Assay Assured on request for testing by Assay Assured to ensure accuracy of claimed metal content and fineness. Assay Assured will accept recognised test reports from other 3rd party independent Assay offices for the same.
d. The retailer will comply in all respects with the Hallmarking Act 1973 and all other applicable laws regarding sale of jewellery.
e. The retailer will not offer for sale any branded item which it knows to be counterfeit and will take reasonable care to ensure all branded items it offers for sale are genuine.
2. Customer Protection
a. If a customer asserts that an item bought from the retailer was not of the advertised metal content, the retailer will try, in good faith, to resolve the dispute with the customer and Assay Assured will, if requested by the retailer and at the retailer's expense, test the item.
b. If the retailer is unable to resolve the dispute, then either the customer or the retailer may ask Assay Assured to rule on whether or not the item was of the advertised metal content. Assay Assured will test the item and:
i. if the item was not of the advertised metal content, the retailer will refund the customer the purchase price and delivery costs and will pay the costs of testing, or
ii. if the item was of the advertised metal content, it will be returned to the customer and Assay Assured will bear the cost of testing.
c. This code is not intended to replace or limit the legal rights of purchasers. It does not have the force of law, and purchasers should look to their legal remedies if dissatisfied following attempts to seek redress under this code.
The Assay Assured Jewellery Retailer Agreement1. Assurance
a. An online retailer of jewellery (which in this agreement means precious metal retail items whether or not jewellery) may apply to be an accredited retailer subject to this agreement, which is deemed to include the Assay Assured Code of Conduct (the Code) in force from time to time. Assay Assured will accept a retailer's application if it is satisfied, acting reasonably, that the retailer is an honest and reputable jewellery dealer capable of complying with the Code.
b. The retailer shall supply Assay Assured with such information, and access to its premises and systems, as Assay Assured may reasonably request from time to time for the purpose of satisfying itself that the retailer is an honest and reputable dealer complying with (and capable of continuing to comply with) the Code.
2. The Assay Assured Retailers Code
a. The retailer agrees to comply with the Code for the duration of this agreement.
3. The Assay Assured Trust Mark (AATM)
a. The AATM is the following devices, or such other devices as Assay Assured may specify from time to time. The retailer will not display the AATM otherwise than as specified using display codes issued by Assay Assured
b. The retailer may describe itself as "an Assay Assured jewellery retailer" but may only display the AATM on the website for which it was issued and only using display code supplied by Assay Assured. The use of the AATM in any other form other than as is strictly prohibited.
c. The retailer's jewellery website will prominently display the AATM, using the display code issued by Assay Assured. When clicked on the AATM must display the unique identification certificate issued and maintained by Assay Assured, which will contain links to an Assay Assured information page and consumer dispute inquiry form.
d. On the retailer's jewellery website, there must be a section detailing the retailer's commitment to hallmarking. This must include a complete image of the dealers notice or a link to the dealers noticed hosted by an Assay Office.
e. As regards any goods other than jewellery in which the retailer deals on the website which carries the Assay Assured trust mark , or any services the retailer offers, the retailer will not, on any non-assured website or part of its website which concerns other goods or services, or otherwise in connection with such goods or services, use the words "Assay Assured", the Retailer Logo or any other Assay Assured logo or otherwise suggest that such goods or services are part of the Assay Assured scheme.
4. Subscription Fees
a. The retailer shall pay Assay Assured the annual subscription fee levied on accredited retailers. The subscription fee shall be such sum as Assay Assured may from time to time determine, and there may be different fees for different categories of retailer.
a. The retailer shall supply quarterly statistics to Assay Assured in such detail and form as Assay Assured acting reasonably may from time to time determine.
6. End of Accreditation
a. The retailer will cease to be accredited if:
• it gives Assay Assured not less than 30 days’ prior written notice of termination of this agreement;
• Assay Assured gives the retailer written notice of a breach of this agreement by the retailer and the retailer has failed to remedy such breach within 30 days; or
• Assay Assured gives the retailer not less than 30 days’ prior written notice of termination of this agreement on the ground that the retailer is no longer, in the opinion of Assay Assured acting reasonably, an honest and reputable dealer capable of complying with the Code.
b. On termination of this agreement, the retailer will immediately cease to display the Assay Assured name and the Retailer Logo on its website and will not otherwise claim or suggest that it is an Assay Assured retailer.
7. Intellectual Property
a. All rights of intellectual property in the name Assay Assured, the Retailer trust mark and all other associated devices are the property of Assay Assured. The retailer may use them only as expressly permitted in this agreement and such right ceases on termination of this agreement.
8. Assay Assured
a. Assay Assured is a trading name of the Incorporation of Goldsmiths of the City of Edinburgh.
9. Governing Law and Jurisdiction
a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
b. The parties irrevocably agree that the courts of Scotland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).