Last updated: 9 November 2026
These Wholesale Terms & Conditions ("Terms") apply to all purchases of jewellery and related products from Gem Art ("we", "us", "our") through www.gemart.com.au ("Website").
Our Website and products are offered strictly to businesses and commercial customers. We do not sell to consumers purchasing jewellery for personal, domestic or household use.
By creating a wholesale account, placing an order or purchasing products from us, you agree to these Terms.
1. Our Business
Gem Art Australia Pty Ltd
ABN: 80 748 674 118
Registered address: 3/197 Bay St, Brighton VIC 3186, Australia
Email: gem.art.enquiries@gmail.com
We are an Australian wholesale jewellery supplier primarily supplying businesses located in Australia.
2. B2B Wholesale Only
Our products are supplied on a business-to-business wholesale basis.
You confirm that:
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you are purchasing as a business, sole trader, company, partnership or other commercial entity;
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you are purchasing products for commercial purposes and/or resale;
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you are not purchasing products primarily for personal, domestic or household use;
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all information provided when registering for a wholesale account is accurate and complete;
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you have authority to place orders on behalf of the business, where applicable; and
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you will comply with all applicable Australian laws in connection with your purchase and resale of our products.
We may request reasonable information to verify the nature of your business before approving or continuing a wholesale account.
We reserve the right to decline a wholesale account or order where we reasonably believe the customer does not meet our wholesale requirements.
3. Wholesale Account Approval
Access to wholesale pricing and products may require approval of a wholesale account.
Approval of an account is at our discretion and does not create an obligation for us to accept future orders.
We may suspend or terminate a wholesale account where reasonably necessary, including where:
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information provided by the customer is false or misleading;
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the account is being used fraudulently or unlawfully;
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the customer materially breaches these Terms;
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invoices remain unpaid;
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the customer misuses our intellectual property or product images; or
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continued access presents a reasonable commercial or security risk to our business.
Where reasonably practicable, we will notify the customer before suspending or terminating an account.
4. Wholesale Pricing
All prices displayed on the Website are wholesale prices unless expressly stated otherwise.
All prices are in Australian dollars (AUD).
Prices in the wholesale portal are exclusive of GST unless expressly stated otherwise.
Where applicable, GST will be added at the rate required by Australian law.
We may change our wholesale prices at any time.
Price changes will not affect an order that has already been accepted by us, except where there is an obvious pricing error or another circumstance permitted by law.
Wholesale pricing must not be represented by customers as recommended retail pricing unless we have expressly provided a recommended retail price ("RRP") or otherwise authorised such representation.
5. Minimum Order Value
Orders placed via our Website do not carry an order minimum.
We reserve the right to change minimum order requirements for future orders.
6. Product Availability
All products are subject to availability.
Displaying a product on the Website does not guarantee that the product is currently available.
We may limit quantities or decline orders where stock is unavailable.
If we are unable to supply products from an accepted order, we will notify you and refund any amount paid for products that we cannot supply, unless you agree to an alternative arrangement.
7. Product Descriptions and Variations
We make reasonable efforts to ensure that product descriptions, photographs, dimensions, colours and other product information displayed on the Website are accurate.
However, minor variations may occur.
In particular:
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colours may vary between screens and actual products;
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measurements may vary slightly;
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handmade products may contain natural variations;
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natural gemstones, pearls and other natural materials may vary in colour, pattern, texture, shape and appearance;
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plating and finishes may vary between production batches; and
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individual pieces may not be visually identical.
These characteristics do not necessarily constitute defects.
Where a product is described as handmade, natural, textured, irregular or otherwise subject to variation, those characteristics form part of the product description.
Nothing in this clause excludes any rights that cannot legally be excluded.
8. Jewellery Materials and Care
Jewellery is subject to normal wear and tear.
Depending on the product, exposure to water, perfume, cosmetics, chemicals, cleaning products, chlorine, salt water, perspiration, moisture, heat, friction and other environmental conditions may affect the appearance or finish of jewellery.
Tarnishing, fading, scratching, discolouration or deterioration caused by normal wear, environmental exposure, improper storage or failure to follow care instructions will not necessarily constitute a manufacturing defect.
Where care instructions are supplied with a product, customers should follow those instructions.
Customers are responsible for providing appropriate care instructions to their own customers where reasonably necessary for safe and proper use of the products.
9. Orders
When you place an order through the Website, you are submitting an offer to purchase the products listed in your order.
Your order is not accepted until we confirm acceptance and dispatch an invoice or otherwise indicate that we have accepted the order.
For an order to proceed to dispatch, a 25% part payment of the invoice must be paid by bank transfer.
We reserve the right to seek a larger part payment in exceptional circumstances.
We may decline or cancel an order before acceptance where reasonably necessary, including where:
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products are unavailable;
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there is an obvious pricing or product description error;
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payment has not been successfully processed;
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we reasonably suspect fraud or unauthorised activity;
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the customer does not meet our wholesale requirements;
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circumstances outside our reasonable control prevent us from supplying the order.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products.
10. Order Changes and Cancellations
Once an order has been accepted, requests to change or cancel the order are subject to our approval.
We will attempt to accommodate reasonable requests where the order has not yet been processed or dispatched.
We cannot guarantee that an order can be changed or cancelled once processing, production, packing or dispatch has commenced.
Custom, personalised, made-to-order, special-order or otherwise non-standard products may not be cancellable once production or procurement has commenced, subject to any rights that cannot legally be excluded.
11. Pre-Orders and Backorders
Where a product is offered as a pre-order or backorder, the estimated availability or dispatch date will be provided where reasonably practicable.
Estimated dates are not guaranteed unless expressly stated otherwise.
Where an order contains both available products and pre-order or backordered products, we may:
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hold the entire order until all products are available; or
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dispatch available products separately and charge additional shipping where applicable.
The applicable arrangement will be communicated at checkout or otherwise agreed with you.
12. Credit Accounts and Payment Terms
Credit accounts are only available where trade references have been supplied and payment terms have been expressly approved by us in writing.
Where credit terms have been approved:
- part payment of 25% of the invoice must be paid by bank transfer prior to dispatch of goods;
- we reserve the right to seek a larger part payment in exceptional circumstances.
- the applicable payment period for the remaining sum of the invoice will be stated on the invoice or credit agreement;
- invoices must be paid by the due date;
- we may suspend further orders where an account is overdue; and
- we may withdraw or change credit terms where reasonably necessary.
Unless otherwise agreed in writing, all outstanding amounts become immediately payable if the customer becomes insolvent, enters administration, liquidation or receivership, or ceases trading.
13. Payment
Unless we have expressly approved credit terms, all orders must be paid in full before dispatch.
Orders must be paid via bank transfer to the account details provided on the invoice.
If payment is declined, reversed, dishonoured or otherwise fails, we may delay or suspend fulfilment until payment has been successfully received.
14. Overdue Accounts
If an amount remains unpaid after its due date, we may:
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suspend further orders;
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suspend access to wholesale pricing;
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suspend or cancel credit facilities;
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require payment before accepting future orders; and
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take reasonable steps to recover the outstanding debt.
Any recovery costs will only be sought to the extent permitted by law and any applicable agreement.
15. Shipping and Delivery
We currently deliver within Australia. For orders outside of Australia, please contact us prior to applying for an account.
Shipping charges will be displayed at checkout or otherwise communicated before the order is accepted.
Estimated delivery times are provided as a guide only and may vary depending on location, carrier, stock availability and other circumstances.
We are not responsible for delays caused by circumstances outside our reasonable control.
You are responsible for providing an accurate and complete delivery address.
Additional charges resulting from an incorrect or incomplete address may be payable by the customer.
16. Risk and Title
Risk in products passes in accordance with applicable Australian law and any agreed delivery terms.
Title to products will pass to the customer upon payment in full, unless otherwise agreed in writing.
Where goods are supplied on credit and title has not yet passed, the customer must not sell, dispose of or otherwise deal with the goods in a manner inconsistent with our ownership, except in the ordinary course of its business and subject to applicable law.
17. Inspection on Delivery
You must inspect your order promptly after delivery.
If you receive:
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incorrect products;
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missing products;
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visibly damaged products; or
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products that appear materially different from those ordered,
you should notify us as soon as reasonably practicable.
For stock discrepancies, we request notification within 2 working days of delivery.
Claims should include:
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order number;
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product/style number;
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quantity affected;
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description of the issue; and
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photographs or other evidence where reasonably requested.
The 2 working day notification period does not exclude or restrict any rights or remedies that cannot legally be excluded.
18. Returns
We accept returns up to 5 days after delivery if the item is in original condition, in original packaging and undamaged. Items must be cleaned and disinfected if tried on.
$5 restocking fee will be applied to each returned item.
If you wish to make a return, please email us at gem.art.enquiries@gmail.com to notify us of your wish to make a return prior to sending the goods back.
Returns must be sent back to us within 2 business days after approval, with a tracking number provided.
You (the account holder customer) are responsible for any shipping or insurance charges in order to send the jewellery back to us. Once the returned goods are received by us in their original condition, we will refund your original payment minus the cost of shipping the goods to you initially and minus the restocking fees.
19. Faulty or Incorrect Products
If products are defective, materially incorrect or otherwise fail to comply with an applicable contractual or statutory obligation, contact us promptly.
We may request photographs or other reasonable evidence to assess the claim.
Where a claim is accepted, the remedy may include, depending on the circumstances:
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replacement;
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repair;
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replacement of affected items;
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credit;
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refund; or
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another remedy required or permitted by law.
We will determine the appropriate remedy having regard to the nature of the issue and applicable Australian law.
Nothing in these Terms excludes any rights or remedies that cannot legally be excluded.
20. Manufacturing Defects vs Wear and Tear
A manufacturing defect may include an issue arising from the manufacturing process that causes the product not to conform to its description or agreed specifications.
The following will not necessarily constitute manufacturing defects:
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normal wear and tear;
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scratches caused by use;
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tarnishing;
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fading caused by environmental exposure;
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damage caused by water, chemicals or perfume;
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accidental damage;
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damage caused by improper storage by customer;
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damage caused by misuse;
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damage caused by modification or repair by someone other than us; or
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deterioration resulting from failure to follow supplied care instructions.
This section does not exclude any statutory rights that apply.
21. Resale of Products
You may resell products purchased from us in the ordinary course of your business.
You are responsible for ensuring that your own marketing, product descriptions, pricing, claims and customer-facing materials comply with applicable Australian laws.
You must not make representations about our products that are false, misleading or inconsistent with information supplied by us.
You must not represent yourself as our agent, employee, partner or exclusive representative unless we have expressly agreed to this in writing.
22. Product Images and Marketing Materials
We may provide product photography, descriptions, videos and other marketing materials for use by wholesale customers.
Where we expressly authorise you to use these materials, you may use them solely to promote and sell genuine products purchased from us.
You must not:
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use our images to promote products not supplied by us;
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materially alter product images in a misleading manner;
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claim our designs as your own;
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remove copyright or ownership notices where prohibited;
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use our branding in a way that implies an unauthorised relationship; or
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sublicense or sell our marketing materials.
We may withdraw permission to use our marketing materials at any time.
23. Intellectual Property
All intellectual property contained on the Website, including product photography, images, logos, branding, designs, text, graphics, product descriptions and Website content, is owned by or licensed to us unless otherwise stated.
No intellectual property rights are transferred to you by purchasing products from us.
You receive only the limited rights expressly granted under these Terms.
24. Wholesale Pricing Confidentiality
Wholesale pricing is commercially confidential.
You must not publish, distribute or otherwise disclose our wholesale pricing to the general public except where reasonably necessary for your internal business purposes.
You must not represent wholesale pricing as recommended retail pricing unless we have expressly provided an RRP.
25. Recommended Retail Pricing
Where we provide an RRP, it is provided as a recommendation only.
You remain responsible for determining your own retail pricing, unless a specific RRP has been agreed with us. If a specific RRP has expressly been agreed with us, you must not exceed it.
Nothing in these Terms requires you to sell products at a particular retail price except where otherwise permitted by Australian law and expressly agreed in writing.
26. Product Safety and Resale Obligations
You are responsible for complying with applicable Australian laws when reselling our products.
You must not knowingly sell, modify or market products in a manner that creates an unreasonable safety risk or misrepresents their characteristics.
If we notify you of a product safety issue, recall or other material product concern, you must reasonably cooperate with us in relation to the affected products.
27. Website Use
You must not use the Website:
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for unlawful purposes;
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to engage in fraud;
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to interfere with Website security;
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to introduce malicious software;
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to obtain unauthorised access to accounts or systems;
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to scrape or systematically copy Website content without permission;
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to place orders using false information; or
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in a way that may materially harm our Website or business.
28. Website Availability
We aim to maintain the Website and keep it available, but we do not guarantee uninterrupted or error-free operation.
We may temporarily suspend access for maintenance, upgrades, security or other operational reasons.
29. Privacy
Our collection and handling of personal information is governed by our Privacy Policy:
We handle personal information in accordance with applicable Australian privacy laws.
30. Marketing Communications
Where you have provided consent or where otherwise permitted by law, we may send you wholesale product updates, promotions, new collection announcements and other business communications.
You may unsubscribe from marketing communications using the unsubscribe mechanism provided or by contacting us.
31. Pricing and Website Errors
We may correct typographical, pricing, stock, product description or other errors on the Website.
If an obvious error affects an order, we may contact you before processing the order to confirm whether you wish to proceed.
If the order cannot reasonably proceed on the corrected terms, we may cancel the affected order and refund any payment received.
32. Australian Consumer Law
Our products are supplied on a B2B basis and are intended for commercial use and/or resale.
Where products are purchased by a business for the purpose of resupply, the Australian Consumer Law guarantees may not apply to that transaction.
However, the application of the Australian Consumer Law depends on the circumstances of each transaction.
Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees, obligations or remedies that cannot legally be excluded, restricted or modified.
Where the Australian Consumer Law applies to a transaction, those statutory rights continue to apply.
33. Liability
To the maximum extent permitted by applicable Australian law, we are not liable for loss arising from circumstances beyond our reasonable control.
Where permitted by law, we are not liable for indirect or consequential loss arising from a customer's use of the Website or purchase or resale of products, including loss of profits, revenue or business opportunities.
Nothing in these Terms excludes liability that cannot legally be excluded or restricted.
Where applicable law permits liability to be limited, our liability will be limited to the extent permitted by that law.
34. Indemnity
To the extent permitted by law, you indemnify us against loss, damage, liability, cost or expense arising from:
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your unlawful use of our Website;
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your breach of these Terms;
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your unauthorised use of our intellectual property;
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your misleading or unlawful marketing of our products; or
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your acts or omissions in connection with the resale of our products,
except to the extent that the loss was caused by our own negligence, breach or unlawful conduct.
35. Events Outside Our Control
We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including:
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natural disasters;
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fire;
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flood;
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severe weather;
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pandemic or epidemic;
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war;
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government action;
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industrial disputes;
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transport disruption;
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supplier failure;
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telecommunications or internet failures; or
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other circumstances beyond our reasonable control.
36. Suspension or Termination
We may suspend or terminate a wholesale account where reasonably necessary, including where the customer materially breaches these Terms, fails to pay amounts when due, engages in fraudulent or unlawful conduct, or misuses our intellectual property.
Termination does not affect rights or obligations that arose before termination.
Outstanding amounts remain payable following termination.
37. Changes to These Terms
We may update these Terms from time to time.
Updated Terms will be published on the Website with a revised "Last updated" date.
Changes will generally apply to orders placed after the updated Terms take effect.
The Terms applying to an order will generally be those in effect when the order is accepted.
38. Entire Agreement
These Terms, together with any applicable order confirmation, invoice, credit agreement, product-specific terms and other written agreements between us, constitute the agreement between you and us concerning the relevant transaction.
If there is an inconsistency between these Terms and a separately negotiated written agreement, the separately negotiated agreement will prevail to the extent of the inconsistency.
39. Severability
If any provision of these Terms is found to be invalid or unenforceable, it will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
40. No Waiver
A failure or delay by us in enforcing any right under these Terms does not constitute a waiver of that right.
41. Governing Law
These Terms are governed by the laws of Western Australia, Australia.
Subject to any mandatory rights or remedies that cannot lawfully be excluded, the courts of Western Australia have jurisdiction over disputes arising from these Terms.
42. Contact
For questions regarding these Terms, wholesale accounts, orders or returns, please contact:
Gem Art Australia Pty Ltd
ABN: 80 748 674 118
Mailing address: PO Box 717, Subiaco WA 6904, Australia
Email: gem.art.enquiries@gmail.com
Last updated: 9 November 2026