Customer Information and Terms and Conditions
Title:1) Use, directly or indirectly, the Website to violate the law, infringe the rights of a third party, or carry out an illegal activity or an activity which violates these terms
2) Use, directly or indirectly, the Website to post or transmit illegal information or data, use obscene, inappropriate or unpleasant language, slander, insult, harass, pursue, blackmail, threaten, create discomfort or restrict a certain person or post or transmit information or material which adversely affects other users from using or enjoying the Website
1) Use, directly or indirectly, the Website or services provided through the Website in order to transmit unwanted or repetitive messages, including chain letters (lucky letters) and junk emails, for research, competition or pyramid fraud
2) Attempt to access the Website without authorization or use the name, registered account or password of another person
3) Create a false identity in order to deceive other people of the identity or source of the message sender
4) Modify, interrupt or change the operation of the Website without authorization
5) Intentionally transmit a virus or disable function to the Website
6) Advertise, or propose the sale or repurchase of a product or service on the Website or 7) Collect the information, including email addresses, of other persons without their consent. This Website may include links to external websites, which do not comprise a part of the Website, and unless stated otherwise, are not managed by the Company.
The Company is not responsible for the contents of the websites linked to the Website, and users shall be responsible for the access of such websites. In order to observe related laws, regulations, legal procedures and government requests, the Company may investigate, monitor, hold and/or disclose the information on the Website within legal boundaries.
The Company may request such information (including contact information) in order to complete your purchase of a product, but if you do not agree to the collection and use of such information by the Company, you will be unable to join the membership. Provided, however, you will be able to use those parts of the Website which does not require subscription. If you have agreed to become a member, you may check or amend your data by selecting your profile information on the Website menu at any time. You will be required to always maintain your data with the latest, accurate information and amend your profile in case of any changes. The Company shall not be liable for any damages resulting from the violation of this provision.
Under applicable laws, you are restricted from undertaking the following actions without the prior consent of the Company:
1) Copy, distribute, demonstrate, disclose to the general public, adapt or create derivative works on a certain part of the Website
2) Commercialize any information or service acquired from the Website. The trademarks used on the Website (if applicable) are owned by the Company or a third party. No content posted on the Website shall be interpreted to grant the right to use a certain trademark without the prior consent of the holder of the trademark.
You are restricted from using the Company’s trademarks:
1) As your trademark or a part of your trademark
3) In a way that could trigger confusion, misunderstanding or deception of other people or
4) In a way that will damage the Company, the Company’s information or service or the credibility of the Website.
Article 7. Denial of Warranty and Limits of Responsibility
Provided, however, unless there is intentional or gross negligence, the Company shall not be liable for any inaccurate, wrong or omitted contents, including in relation to the product statement. Regardless of all reasonable efforts by the Company to provide accurate information on the product statement, the description may differ from the actual product. If there is a request for the inclusion of certain legal provisions in the TOS (in regards to a product or service provided by the Company through the Website), including for the product you purchased through the Website, which prohibits contract provisions that exempts or amends the liability of the Company, the relevant provisions shall be included in the TOS. Provided, however, the Company’s liabilities in violating the relevant provisions shall, up to the extent permissible by law, be limited to the re-provision of a related product or service according to the Company’s discretion or payment of the necessary costs so that a related product or service may be re-provided.
With the exception of terms predefined in the TOS, the Company denies all responsibilities (including all responsibilities pursuant to the contract, responsibilities as a result of illegal activities and other responsibilities), within legal boundaries, in relation to any claims for loss, damage, cost, expense that you have incurred or that have been claimed against you regarding the following, unless there was an intentional or gross negligence on the part of the Company (including by Company executives and employees, agencies or related entities):
1) Your use of the Website
2) Lack of availability, suspension, operational delays, virus, internet accessibility issues or equipment errors related to the Website
3) Unavailability of the Website
4) Product which is supplied, offered or advertised on the Website or
5) Your purchase of a product or service presented for sale purposes on the Website.
The Company shall not be liable for any losses of the user incurring from an act of a third party in relation to your use of the Website, your purchase of a product from the Company through the Website or your use of the Company’s products. The Company shall not be liable for any losses of the user or a third party as a result of your use of the Website, your purchase of a product from the Company through the Website or your use of the Company’s products.
1) Store more than one cookie on your browser or
2) Request your browser to transmit relevant data to the web server. The Company may use cookies to control the posting of advertisements, track usage patterns of the Website, deliver edited contents, record registered information or personalize information. For instance, if you have subscribed to a certain part of the Website, you may choose to save your user name and password on your computer. You may install cookies on your website which will provide this function.
The Company’s cookies may include personal information, which may be shared with a legal entity related to the Company. If you do not wish to use cookies, you can use the function installed in your browser which will deny such cookies. Provided, however, in the event you select to activate this function, certain parts of the Website may not operate properly. Whereas your personal information shall be protected as determined above, the Company shall retain the right to use anonymous data collected on our users as a group for certain commercial purposes.
The TOS shall be applicable and be incorporated into the Purchase Agreement for the purchase of product through the Website. In case of any fraud, omission, error in your application, or if you have failed to acquire consent from your legal agent if you are a minor, or when the Company decides that the conclusion of other purchase agreements may damage the Company, it may refuse entering into a purchase agreement with you. In this case, the Company shall immediately notify you of such a fact. When you make your order, you will be charged with the price of the product indicated on the Website and the commission fee. The Company will not be able to check the price of a certain item until you submit your order. Pursuant to Clause 4 (“Payment Conditions”), your credit card will not be charged until the Company authorizes your order. The United Nations Convention on Contracts for the International Sale of Goods (adopted in Vienna, Austria on April 10, 1980) shall be explicitly exempt from the TOS and purchase agreement.
Click & Reserve
We may give you the option of checking the availability of certain Products and reserving Products in specified Swarovski Stores through the Websites (“Click & Reserve”). If the Product is available, it will be reserved for you for two (2) business days from notification to you. You can purchase the Product in the applicable Swarovski Store. Prices in the Swarovski Stores may vary from the Prices displayed on the Websites.
We may invite you from time to time to pre-order selected Products online before they are available from Swarovski stores or websites (“Pre-Order Products”).
You agree that if you order a Pre-Order Product, you will be charged in case of use of a credit card after your item has shipped, in case of use of any other payment method you will be charged shortly after you place your order and before your item is dispatched. Kindly note that irrespective of the means of payment, in case you pre-order more than one type of product, you will be charged shortly after you place your order and before your item is dispatched.
Notwithstanding the foregoing, your payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken. Pre-Order Products will be shipped within the period as stated on the product page (in most instances this will be at latest between 6-8 weeks from the date the order is placed). Please note that the following delivery options offered on the Website shall not apply to orders of Pre-Order Products: Click & Reserve; Buy Online Pick up in Store. The Click & Collect option will only be possible in certain countries and based on the delivery times mentioned on the product page. Pre-orders can be cancelled before Pre-Order Products are shipped.
The Company shall request the payment of the full payment amount prior to the dispatch of the product through its delivery service. All products purchased on the Website shall be delivered in accordance to the agreement the Company concluded with its delivery service. This signifies that the risk of loss and ownership of the relevant product shall be immediately transferred to you upon the moment of dispatch through the Company’s delivery service.
In the event you exercise your right to return the products as the above, the Company, upon collecting the products from you, shall reimburse the amount of your order for the returned goods for which you paid the Company You may also return the products in accordance to your rights in regards to the Company’s warranty and products provided to you that cannot be excluded under related laws. You may receive additional information and support regarding your return of a relative product by selecting “Customer Service – Returns” on the Website menu. The Company shall, after reception of the returned goods, return to you the payment you made to the Company. The Company shall reimburse the payment made only when the relevant goods have been received from you. Therefore, you must exercise all reasonable caution until the relevant goods have been returned.
If you decide to return only part of an order that has been purchased with a discount/offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount. For example, a 10% discount (with a minimum purchase amount of KRW 100) will be removed if the returned product(s) brings the total order value below KRW 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.
For items which come in a single box (“normal set”), if you wish to return any of the items within the normal set, you will have to return all the items that were part of the normal set. Swarovski will not accept returns of individual items within the normal set and will only accept returns of the entire normal set.
For bundle-promotional sets, where you enjoy a promotion or discount as a result of purchasing one or more items (e.g. buy 3 items and get 10% off each item or where savings for each product are stated), you can return any of the items purchased separately. However, in case you choose to return any items purchased as a bundled set, kindly note that Swarovski will adjust the promotional price by charging you the regular price for the remaining items that you purchased as part of the bundle.
Accordingly, Swarovski will deduct from the amount to be refunded to you (i.e. the discounted price paid for the item(s) in the bundle that you have returned) the difference between the regular price and the discounted price of the remaining items in the bundle that you do not return.
To the extent permissible by law, the Company does not provide additional warranty on products you purchased from the Company through the Website.
11. Export control and sanctions Swarovski will screen the Customer’s personal data with relevant export control and sanctions lists. Screening will occur with every update of any sanctions list. The Customer hereby certifies that the present Purchase Order and the implementation thereof will not in any way benefit, directly or indirectly, any natural or legal person that is named on any relevant sanctions list, such as the “Consolidated list of persons, groups and entities” subject to EU financial sanctions and U.S. OFAC’s “List of Specially Designated Nationals and Blocked Persons (“SDN”)”.
This Purchase Order only becomes effective, if any export control and sanctions relevant screenings made by Swarovski at the time of dispatch of the ordered goods do not lead to a match. In case of any breach of this clause or any breach of trade law or export control regulations or sanctions, particularly in case that any screenings made by Swarovski lead to a match, this Purchase order will not come into force and Swarovski will neither be obliged to deliver any goods nor any compensation for non-performance will be due. Open orders shall be rescinded immediately.
Notwithstanding the aforementioned, Swarovski shall be entitled to stop any delivery of goods, if any export control regulations and trade restrictions so require. Any compensation for non-performance shall be excluded.