Buying freshwater pearls

Plenty of people buy freshwater pearl jewellery as a gift, and plenty buy it online. Two rules protect the buyer. The item must match its description. If it is described as gold, silver, platinum or palladium, it must carry a hallmark above a set weight.

The description must be true

Section 11 of the Consumer Rights Act 2015 says every contract to supply goods by description includes a term "that the goods will match the description". Information the seller gives about the main characteristics of the goods also counts as a term of the contract.

The Competition and Markets Authority (CMA) publishes guidance for businesses on unfair commercial practices. Its list of misleading actions includes providing false information and presenting information in a deceiving way.

What a hallmark tells you

The British Hallmarking Council says, "Jewellery (or any other item) that is described as gold, silver, platinum or palladium must have a hallmark to guarantee its authenticity and its quality." A hallmark is about the metal. It shows the item has been independently tested for the purity of its precious metal.

A complete UK hallmark has three compulsory marks. They are a sponsor's or maker's mark, a metal and purity (fineness) mark, and an Assay Office mark.

Small amounts of metal

A hallmark is compulsory above a minimum weight. The thresholds are 1 gram for gold, 7.78 grams for silver, 0.5 gram for platinum and 1 gram for palladium. A small silver clasp on a pearl strand may fall below that weight.

Above those weights, the hallmarking guidance says a seller of unhallmarked gold, silver, platinum or palladium jewellery is breaking the law. It adds that this applies whether the sale is in a shop or online.

What the listing says about the pearls

A hallmark covers only the metal. What a seller says about the pearls themselves can be part of the description, and section 11 applies to the description.

If it is not as described

Citizens Advice explains that if something has gone wrong with an item you have bought, you might be entitled to a refund, repair or replacement. If you think a business has broken the law or acted unfairly, Citizens Advice also explains how to report it to Trading Standards. It says Trading Standards investigate unfair trading but cannot help you get a refund.

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