ONLINE SHOP PARTNER PRODUCTS WITH CRYSTALS FROM SWAROVSKI MAGAZINE THE BRAND

Terms & Conditions

Customer information and terms and conditions for Australia

The Swarovski website

Customers accessing the website www.swarovski.com (hereafter referred to as the “Website”), of Swarovski Crystal Online, from, or with shipping addresses in, Australia are subject to the following terms and conditions. This customer information and these General Terms and Conditions shall apply to your use of, and all orders for the sale of goods placed through, the Website. The General Terms and Conditions apply equally to those goods ordered using the Website by direct order or through an account which you may establish through the Website. By placing an order with Swarovski, you confirm that you have read, understood, and accepted these General Terms and Conditions and the Swarovski Privacy Policy and Statement. If you object to any of these General Terms and Conditions or those of our Privacy Policy and Statement, please discontinue using the Website and refrain from placing an order (as applicable).

Swarovski reserves the right to make changes to these General Terms and Conditions. The goods and prices on the Website are also subject to change. Customers should revisit this area of the Website immediately before placing an order. Any changes will only be effective once they are published on this Website.

This Website is not intended for use by children, especially those under 12 years of age. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before disclosing any personal information or making any purchases from this Website.

Owners of this website and parties to any purchase agreement

This Website is owned and operated by Swarovski Crystal Online AG (Alte Landstrasse 411, CH-8708, Männedorf, Switzerland).

If you have any complaints or wish to assert any applicable warranty claims in relation to goods purchased on this Website, please contact: Swarovski Australia (12 Primrose Ave., Rosebery, NSW 2018, Australia), by emailing.

For any inquiries or complaints in relation to this Website, Customer Service can be contacted at aus.shophelp@swarovski.com

Use of the Website

  • You agree to use the Website solely for those purposes permitted by these General Terms and Conditions. You are responsible for all equipment and software used to access the Website.


  • You must not:


  • -use the Website directly or indirectly for any activity that breaches any laws, infringes on a third party's rights, is unlawful, or breaches these General Terms and Conditions;
  • -use the Website directly or indirectly to unlawfully post or transmit any information or material that is obscene, indecent, contains offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends, or restricts any person, or which prevents any other user from using or enjoying the Website;
  • -use the Website directly or indirectly, or use any service provided on the Website, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, or any other duplicative or unsolicited messages (for commercial use or otherwise);
  • -attempt to gain unauthorized access to the Website or use another person's name, or registration account and/or password;
  • -create a false identity for the purpose of misleading others about the identity of the sender or about the origin of a message;
  • -tamper with, hinder the operation of, or make unauthorized modifications to the Website;
  • -knowingly transmit any virus or any other disabling feature to the Website;
  • -advertise or offer to sell or buy any goods or services on the Website; or
  • -collect information about others, including email addresses, without their consent.

The Website may contain links to external websites. These websites are not part of the Website and, unless otherwise indicated, are not under Swarovski’s control. Swarovski has no responsibility for the contents of any linked websites. Access to these sites is at your own risk.

Swarovski may monitor, review, retain, and/or disclose any information on the Website as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Electronic communications

When you visit this Website, order any goods from this Website or send emails to, you are communicating with us electronically. Visits to, orders from, or emails sent to the Website are considered electronic communications.

Unless Swarovski is otherwise advised by you, the user, registering your contact details automatically gives your consent to being contacted directly by the company by phone or electronic message (or by other electronic messaging means) without prior written consent. Please be aware that your information (including your contact information) is required to enable the company to complete your purchase of Swarovski goods. By registering with Swarovski, you are expressly consenting to such use of your data. Registration cannot be completed without this consent. If you object, those parts of the Website that do not require registration will be available for your use. . If you decide to register at a later date, you may view and modify your data anytime by selecting Profile from the website menu.

Copyright and trademarks

  • Copyright of the Website and the contents included on the Website belong to Swarovski or its licensors.


  • You are provided access to the Website only for your personal use and to purchase goods offered for sale on the Website. Without the permission of the company, and subject to applicable laws, you must not:


  • -store, distribute, perform, communicate to the public, adapt, or create derivative works from any part of the Website; or
  • -commercialize any information or services obtained from the Website.


  • The trademarks used on the Website (if any) are the trademarks of Swarovski or of a third party.


  • Nothing on the Website should be construed as granting any license to use any trademark without the permission of the owner.


  • You must not use any Swarovski trademarks:


  • -as, or as part of, your trademark;
  • -in connection with goods or services that do not belong to Swarovski;
  • -in a manner that may be confusing, misleading, or deceptive; or
  • -in a manner that disparages Swarovski, its information, services, or its Website.

Disclaimer and limitation of liability

  • To the extent permitted by law, all implied warranties and conditions, representations about the Website, your accessibility to and use of the Website, and any goods available for purchase from the Website are excluded from these General Terms and Conditions. In particular, to the extent permitted by law, and except for the Swarovski warranty provided in paragraph seven, where you consider that an item purchased through this Website does not meet your expectations, your sole remedy is to follow Swarovski's return policy, which is provided for in section six below, entitled Your Purchase Agreement.


  • Swarovski will provide all content and other services on the Website in good faith and will use reasonable endeavors to ensure that the information on the Website is accurate and current at the date of publication. However, to the extent permitted by law, Swarovski is not liable for any inaccuracies, errors, or omissions in the content, including content relating to the description of goods. While all reasonable efforts are made to ensure that the description of goods on the Website accurately portrays the actual article, variances may occur between depictions and the actual article.


  • If a term is implied by law in these General Terms and Conditions (regarding goods or services provided by Swarovski through the Website), including in relation to goods you purchase through this Website, and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these General Terms and Conditions.


  • However, Swarovski’s liability for breach of such a term will, to the extent permitted by law, be limited to, at its discretion, the supply of the relevant service or services or the payment of the cost of having the goods or services supplied again.


  • To the extent permitted by law and, except as provided for by these General Terms and Conditions, Swarovski (and its officers, employees, agents, or related corporate bodies) is exempt from all liabilities, however caused, (including in contract, negligence, or otherwise) for any losses, damage, costs, or expenses suffered by you or claims made against you in connection with:


  • -your use of the Website;
  • -any lack of availability, interruptions, delays in operation, viruses, internet access difficulties, or equipment malfunctions in relation to the Website;
  • -any failure to provide the Website;
  • -any goods supplied, offered, or advertised on the Website; or
  • -your purchase of any goods or services offered by Swarovski for sale on this Website.

Indemnity

To the extent permitted by applicable law, you hold Swarovski and its affiliates, employees, agents, representatives, and its third party service providers harmless from any and all claims and liabilities (including fees incurred on a solicitor-client basis) that may arise in connection with your use of this Website, your purchases made from this Website, and the use of Swarovski goods.

Termination

Swarovski may suspend, terminate, or limit your access to the Website, effective immediately, if, in its reasonable opinion, these General Terms and Conditions have been breached.
Swarovski may, at any time, suspend, limit, or terminate any service provided on the Website or all access and use of the Website.

Cookies

Cookies are a standard for storing small pieces of data on your computer. Any web server (including this one) may store one or more cookies in your browser or request your browser to transmit the data to the web server.

Swarovski may use cookies to control the display of advertisements, to track usage patterns on the site, to deliver editorial content, to record registration, and to personalize information. For example, if you register on any part of the Website, you can opt to save your user name and password on your computer. Swarovski can provide this function by placing a cookie on your computer. Its cookies may contain personal information and may be shared with related corporate bodies. If you don't want cookies, your web browser likely includes an option that allows you to disable them. However, if you set your browser to refuse cookies, some portions of the Website may not function properly. While your individual information is protected as outlined above, Swarovski reserves the right to use aggregated, anonymous data about its users as a group for any business purposes.

Your purchase agreement

This section applies to any order made through the Website (either through a direct order or through the establishment of an account).

1. The purchase agreement

Any orders made through the Website (either through a direct order or through the establishment of an account) constitute a binding agreement to conclude a purchase agreement with Swarovski Crystal Online. A binding purchase agreement only comes into existence when Swarovski accepts your order by dispatching the goods ordered by you to an affiliate delivery service. Swarovski will notify you when goods are dispatched by sending you an email. The General Terms and Conditions apply to, and are incorporated into, any purchase agreement for goods purchased on the Website.
You will be charged the prices and fees displayed on the Website at the time that your order is submitted. The price of an item cannot be confirmed until an order is submitted. Your credit card will not be charged until after Swarovski accepts your order, as explained in Section 4 below.
All of the terms of the United Nations Convention on Contracts for the International Sale of Goods (adopted in Vienna, Austria, on April 10, 1980) are expressly excluded from these General Terms and Conditions and any purchase agreement.

2. Reservation of performance in case of goods being unavailable

Swarovski does not warrant and cannot guarantee that goods ordered will be available at all times.
Also, if the goods ordered are no longer able to be supplied to you within thirty days of your order being accepted, Swarovski can withdraw from, and terminate, any purchase agreement entered into with you for those goods. If Swarovski withdraws from and terminates a purchase agreement, then it will immediately inform you by email and will immediately refund any fees or charges already paid by you for the goods.

3. Price and additional costs

The total amount for any goods ordered must be made as a single payment. The total amount of your order, including all taxes and costs such as packaging and delivery, will be displayed during the checkout process when you submit your order.

4. Terms of payment

The purchase price for all goods ordered is due and payable when Swarovski notifies you that your order has been accepted. Payment may only be made by credit card (by entering your credit card details on the Website). Swarovski will only process the transaction once you have been notified of your accepted order.
You may not make any set-off claims against our claim for payment unless the amount set-off is not disputed by Swarovski or has been the subject of a final and binding judgment against the company.

Prepayment: For special orders (e.g. high order amount, Limited Editions) Swarovski offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.

Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.

In case the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Swarovski has the right to cancel your order.

An invoice will also be sent with your package. Prepayment is not available for Electronic Gift Cards.

5. Delivery and reservation of title

Orders will be delivered to the delivery address stated in your order. Deliveries are made by the delivery service appointed by Swarovski. You will be advised of the contact details of the delivery service when your order is accepted.

Swarovski makes reasonable efforts to ensure that orders are delivered within the estimated time frame on this Website or at the time when your order is accepted. However, Swarovski makes no guarantees in relation to estimated delivery times.

You agree that the products ordered and sent to you remain Swarovski Crystal Online’s property until full payment has been received by Swarovski Crystal Online. Swarovski requires full payment prior to the dispatch of the purchased goods to the delivery service.

All goods purchased from this Website are delivered pursuant to a contract with Swarovski’s delivery service. This means that the risk of loss and title for the goods passes to you upon the delivery to the delivery service of the goods. Swarovski is not responsible for the risk of loss of goods during their delivery to you by the delivery service, unless otherwise advised.

6. Right to cancel the purchase agreement

Purchased items may be unconditionally returned within 14 business days after the date of their receipt. However, items must be returned in their original condition and mailed back to Swarovski within 14 business days of the date of their receipt. Alternatively,

you may notify Swarovski Australia within 14 business days of the date goods are received by email (aus.shophelp@swarovski.com) of your intent to return your item(s). In this case, items must be sent promptly and in their original condition to Swarovski Australia (12 Primrose Ave, Rosebery, 2018, Sydney, New South Wales, Australia) within 14 days of notifying Swarovski of your intent to return items.

If you choose to take advantage of this return policy, Swarovski will refund the full cost of your order once the items have been received.
You may also return goods in accordance with Swarovski’s warranty and any other rights you may have in relation to Swarovski products that cannot be excluded by law.
You can obtain further information and assistance with respect to the return of goods by choosing My Account - Returns from the website menu.


Swarovski will only refund a payment once goods have been received. You must take all reasonable care of the goods until they are sent.

7. Warranty in relation to goods

Swarovski is happy to extend a two year warranty on its products beginning on the date of receipt of goods. If delivered goods prove to be defective within this period, you may terminate the purchase agreement (and upon return of the defective goods, Swarovski will refund the price paid for the goods purchased under the agreement); or, if the product(s) is still available, you may request its replacement by giving a notice within a reasonable amount of time. To the extent allowed by law, Swarovski provides no further warranty in relation to the goods purchased from the Website.

8. Liability in relation to goods

Swarovski’s liability is limited in accordance with the section entitled Disclaimer and Limitation of Liability, which also applies to any purchases of goods offered on the Website. Please refer to this section.

9. Prohibition of assignment

You may only assign, or transfer your rights of any purchase agreements to a third party with Swarovski Crystal Online's prior written consent.

10. Applicable law

Any purchase agreement shall be governed by the laws of Switzerland and all parties irrevocably submit to the exclusive jurisdiction of the courts of Zurich. As noted above, the terms of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.

APPENDIX 1 Privacy policy and statement

You, the customer, give consent to Swarovski to collect, hold, disclose, and use your personal data submitted through the Swarovski website/Online Shop (and all information submitted in relation to the purchase agreement). This consent is given by registering your contact details, entering into a purchase agreement, or by engaging in other forms of electronic communication with Swarovski. In accordance with this data protection policy, no further consent is required.

Swarovski processes, discloses, holds, and uses your personal information and data securely, fairly, and lawfully in accordance with the laws of Switzerland. Such processing is carried out by electronic and automated means. Swarovski uses any personal data submitted through the Website/Online Shop (and all information submitted in relation to your purchase agreement) for the purposes of: enabling customers to purchase Swarovski products; market research with the goal of improving the Website and product range; keeping customers informed about Swarovski’s market activities, goods, and services; and delegating repairs or other logistical tasks to third parties. Data will not be passed on to any other third parties outside the Swarovski Group in a way that could be used to identify you, or without prior notification and consent. Your personal data is collected, held, and used by Swarovski Crystal Online AG (Alte Landstrasse 411, CH-8708, Männedorf, Switzerland).

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