Assay Assured Jewellery Retailer Agreement


  1. Assurance

    1. An online retailer of jewellery (which in this agreement means precious metal retail items whether or not jewellery) may apply to be an Assay Assured Jewellery 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.
    2. 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

    1. The retailer agrees to comply with the Code for the duration of this agreement.
  3. The Assay Assured marks

    1. The Retailer Logo is the following device, or such other device as Assay Assured may specify from time to time, and the retailer will not display the Retailer Logo otherwise than in these colours and form nor display part only of the Retailer Logo:

    1. The retailer may describe itself as “an Assay Assured Jewellery Retailer” and display the Retailer Logo on its website and other media via which it advertises or carries on the business of jewellery retailing.
    2. The retailer’s jewellery website will prominently display:
      1. The Retailer Logo, hyperlinked to the Assay Assured unique identification certificate issued and maintained by Assay Assured, which will contain links to an Assay Assured information page and consumer dispute inquiry form.
      2. The words “What hallmarks are and what they look like”, hyperlinked to the document “Ask if it’s hallmarked IT’S YOUR GUARANTEE” on the Assay Assured website.
    3. As regards any goods other than jewellery in which the retailer deals, or any services the retailer offers, the retailer will not, on any website or part of its website which concerns such 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

    1. The retailer shall pay Assay Assured the annual subscription fee levied on Assay Assured Jewellery 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.
  5. Information

    1. The retailer shall supply quarterly sales statistics to Assay Assured in such detail and form as Assay Assured acting reasonably may from time to time determine.
  6. Termination

    1. The retailer will cease to be an Assay Assured Jewellery Retailer if:
      1. it gives Assay Assured not less than 30 days’ prior written notice of termination of this agreement;
      2. 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
      3. 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.
    2. 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 Jewellery Retailer.
  7. Intellectual Property

    1. All rights of intellectual property in the name Assay Assured, the Retailer Logo and all other associated logos 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

    1. Assay Assured is a trading name of the Incorporation of Goldsmiths of the City of Edinburgh.
  9. Governing law and jurisdiction

    1. 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.
    2. 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).