Liability Policy

Liability and risk are allocated chronologically through three specific phases:

• Seller Custody: The seller bears full liability and risk of loss or damage to listed items while in transit to the Ishq Gems Collection Hub in Colombo. Risk does not transfer to Ishq Gems until the item is successfully dropped off (or handed over to our courier during scheduled pickup), verified by our intake team, and signed for in writing or digitally.
• Ishq Gems Custody: Ishq Gems assumes custody and liability for the item once the intake team completes physical verification (checking weight, quality description, and certificates) and signs the intake receipt. This liability covers loss, theft, or damage while stored at our hub or during transshipment packaging.
• Carrier & Buyer Custody: Upon handover to a verified international or domestic carrier, risk of transit loss is managed under our Insurance Policy. Once delivered to the buyer (marked by signature confirmation), custody and risk of loss transfer entirely to the buyer.

While an item is under the active custody of Ishq Gems, we accept liability for:

• Theft: Documented theft of the gemstone from our secure vaults or during transport by our authorized pickup logistics.
• Loss: Misplacement or unexplained disappearance of the item from our inventory system.
• Physical Damage: Chips, fractures, scratches, or other physical alterations caused by handling or packaging by our personnel, as confirmed by comparing intake and dispatch photo/video records.

Ishq Gems strictly excludes liability for the following:

• Inherent Vice: Pre-existing structural vulnerabilities (such as internal fractures, high tension points, or heat-treatment weaknesses) that lead to cleavage or breakage during ordinary handling.
• Sellers Packaging Failure: Damage caused during transit to our hub resulting from inadequate protective packaging prepared by the seller.
• Customs Seizures: Delays, seizures, or confiscations by customs authorities due to inaccurate, falsified, or omitted paperwork or certification required from the seller.
• Force Majeure: Events beyond our reasonable control, including natural disasters, political instability, or government embargoes.

In the event of a valid liability claim (theft, loss, or hub damage), Ishq Gems will compensate the injured party. The maximum liability limit per transaction is capped at the lower of:

• The actual order transaction value (excluding shipping and taxes);
• The independent certified valuation supplied with the listing; or
• A maximum limit of $50,000 USD (unless additional high-value coverage was explicitly approved in writing prior to dispatch).

To file a liability report or discuss a transit dispute, contact our legal and logistics team: