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Article 1. The Website The policy on customer information and Terms of Use (“TOS”) of Swarovski Korea Ltd.(the “Company”) shall be applicable when you use www.swarovski.com (the “Website”), or other Swarovski domains such as www.swarovski.co.kr and www.swarovski.kr, or other domains of Swarovski when accessing the Website from South Korea or when products are delivered to a South Korean address. The TOS shall also be applicable for orders made by using the Website or for orders made through a designated account. Please read the TOS and privacy policy on personal data carefully and only make your order when you are fully knowledgeable and agree with our Terms and Conditions. If you do not agree to these terms, please do not use this Website or make an order. The TOS may be revised within the limits of applicable laws, including the Act on Consumer Protection in Electronic Commerce, Regulation of Standardized Contract Act, Act on Promotion of Information and Communication Network Utilization and Information Protection, and the Consumer Framework Act. In case of any amendments to the TOS, Swarovski Korea shall notify or inform members of the amendment and related changes to the TOS thirty days prior to the effective date (“Effective Date”) through one or more of the following methods: email notification, written notice, SMS notice or store notice. If you would like to discontinue using the Website as a result of the revisions, you may withdraw your membership. Article 2. Owner of Website and Purchase Agreement Party This Website is owned and provided by Swarovski Crystal Online AG (Address: Alte Landstrasse 411, CH-8708 Männedorf, Switzerland (Managing Director: Mr. Arno Ebner), Tel: ++41 44 925 73 44). If you are unsatisfied with a product purchased through this Website or wish to demand warranty on such a product, please contact Swarovski Korea (address: 10,11,12,13F Baekyoung Bldg, 456 Dosan-daero, Gangnam-gu, Seoul, 06062), which is the purchase agreement party. For any inquiries or complaints on the Website, please contact the Customer Center by sending an email to kr.shophelp@swarovski.com. Article 3. Membership You will become a member of this Website by registering a user account and agreeing to the TOS. If you are a minor under the age of fourteen years, you will need the consent of a legal agent in order to join the membership. If you wish to cancel your membership, you may do so by making a request to kr.shophelp@swarovski.com after which the Company shall immediately take necessary actions. If the Company reasonably determines that you have violated these Terms and Conditions, it may immediately suspend, limit or terminate the service provided to you through the Website or your access and use of the Website. Article 4. Your Use of the Website You agree to use the Website solely for the purposes permitted under the TOS. You will be fully liable for all equipment and software used to access the Website. You will be prohibited from undertaking the following actions: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. Article 5. Electronic Communication You are communicating electronically with the Company when you visit the Website, order a product from the Website or send an email to the Company. If you register your contact information, the Company will communicate to you directly through telephone or electronic messages (or through other electronic messaging techniques) unless you notify us that you do not wish to be contacted. If you do not agree to receive communication from the Company, you must not visit the Website, order a product from the Website or contact the Company via email. 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. Article 6. Copyrights and Trademarks The copyright of the Website and contents contained herein are held by the Company or the Company’s Licensor. You may only access the Website for personal purposes and for the purchase of products sold on the Website. 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 2) In relation to a product or service of another company 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 The Company shall exercise reasonable caution on the Website, access and usability of the Website and products that can be purchased from the Website to the extent permitted by law, but this shall not signify the acknowledgement of all implied warranties, conditions and testimonies. In particular, to the extent permissible by law, in the event you believe that a certain product you purchased through the Website fails to meet your expectations, with the exception of the Company’s warranty defined in Article 10 Clause 7, the Company shall observe its return policy set forth in Article 10 Clause 6 (Right to Cancel Your Purcase Agreement, which shall be your only remedy. The Company provides all contents and other services on the Website in good faith, and devotes reasonable effort to update all information posted on the Website with accuracy as of the date of the announcement. 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. Article 8. Immunity The Company, its subsidiaries, employees, agencies and representatives shall be exempt from any and all claims and responsibilities (including commissions incurred between the party which receives the order and the customer) arising 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, unless in case of intentional or gross negligence. 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. Article 9. Cookies “Cookies” are a standard which stores small fragments of data on your computer. All web servers (including this one) may do the following: 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. Article 10. Your Purchase Agreement This provision shall be applicable when you make an order through the Website (by direct order or set up of account). 1. Purchase Agreement The order you make through the Website (through direct order or set up of account) composes a binding application for purchase in order to conclude a purchase agreement with Swarovski Korea Ltd. A binding purchase agreement shall be established only when the Company sends the product you ordered to the Company’s delivery service and thereby authorizes your order. The Company shall notify you of the dispatch by email at such a time. 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. 2. Deferral of order for out-of-stock items The Company shall immediately notify you by email as soon as it determines that it will be difficult to supply your ordered product, which it authorized, and the commission fee and price of the product you already paid for shall be returned to you within three business days. 3. Price and Additional Costs For orders made to the Company, you must make a single payment of the total amount of your order. The total amount of your order (including all taxes and additional costs for packaging and delivery) shall be indicated during the check out process when you submit your order. 4. Payment Conditions The payment date of the purchase price of your ordered goods shall be when the Company notifies you of its authorization of your purchase application. The payment can be made by credit card only (you will be required to input the details of your credit card information on the Website when you make your purchase application). The Company shall complete the transaction when it notifies you of its authorization. With the exception of offset amounts when the Company makes a formal objection or when it is subject to a final judgment unfavorable to the Company which has the effect of excluding further litigation, you cannot offset the amount with the Company’s claim of the price. 5. Delivery and Reservation of Ownership Rights The goods shall be delivered to the receiving address you provided on the order form through a delivery service designated by the Company. The Company shall notify you of the contact information of the delivery service upon authorizing your order. On the Website or upon authorizing your order, the Company shall exercise reasonable efforts so that the relevant products are delivered to you within the estimated period. The Company shall devote all efforts for the timely delivery of the relevant product but it cannot and shall not make any guarantee in relation to such delivery. The ownership of the relevant product shall remain with the Company until the entire amount of the product has been collected by the Company. Only when it collects the full amount of the relevant product and it is delivered to you through its delivery service will you become the owner of the relevant product. 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. 6. Right to Cancel Your Purchase Agreement You retain the right to return, without due reason, the products you purchased within fourteen business days after your collection of the ordered goods. Provided, however, you can only exercise such rights in the following cases: 1) The relevant goods are returned in their original condition 2) You returned the relevant goods within fourteen business days after the collection of the product or 3) If you notified Swarovski Korea Ltd. (address: 10,11,12,13F Baekyoung Bldg, 456 Dosan-daero, Gangnam-gu, Seoul, 06062, email: kr.shophelp@swarovski.com) within fourteen business days after collecting the products you are in the process of returning (you must immediately return the relevant goods in their original condition within fourteen business days after you notified the Company). 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. 7. Warranty The warranty period shall be 1 year (Watch: 2 years) since you receive your ordered merchandise. If the goods are found to have any defects during this period, you may cancel your purchase agreement (you will be immediately reimbursed the relative amount for the defected goods you purchased according to the relevant purchase agreement as soon as you return the defected goods) or if the Company can procure the product, you may request an exchange of goods after notifying the Company in reasonable time. To the extent permissible by law, the Company does not provide additional warranty on products you purchased from the Company through the Website. 8. Responsibilities Responsibilities related to the Product Pursuant to the provisions on “Denial of Warranty and Limits of Responsibility” is applicable when you purchase a product from the Website, the Company’s responsibilities towards you shall be limited. Please refer to the relevant provisions. 9. No Transfer You may only transfer or cede your rights under the purchase agreement to or be succeeded by a third party only when you acquire the prior written consent of Swarovski Korea Ltd. 10. Governing Laws Matters not determined by the TOS and its interpretation shall be determined by the laws of the Republic of Korea and commercial practice. Any disputes or claims shall be under the jurisdiction of the Seoul Central District Court. The TOS shall be effective immediately. Imprint Swarovski Korea Ltd. 10,11,12,13F Baekyoung Bldg 456 Dosan-daero, Gangnam-gu, Seoul, 06062, Korea CEO Oh Nami, Sohn Yunhee, Ahn Seokhyun Business registration number: 211-86-96219
Swarovski Korea (the “Company”) protects your personal information and observes the Act on Promotion of Information and Communication Network Utilization and Information Protection and the Personal Data Protection Act. In the event the Company revises, adds or deletes its Privacy Policy, it will notify you through a notice on www.swarovski.com (the “Website”). Article 1. Collected Personal Information Items and Collection Methods The Company shall collect and use your name, login ID, password, address, mobile phone number, email address, date of birth, purchase records and credit card information upon payment. The Company shall collect your personal information when you subscribe as a member of the Website and the SWAROVSKI Membership Service. Article 2. Collection and Use of Personal Information The Company shall collect and use your personal information for the purposes of personal identification, conclusion and implementation of your purchase agreement, provision of purchase information, and marketing purposes, including market research and product promotion and sale, introduction of new products through DM, EM or other methods and marketing events. The Company may, with your permission, use the personal information you provide for the purpose of preparing message alerts relating to the purchase or publicity of products that are stored in your online shopping bag and delivering such alerts to you. Article 3. Storage and Use of Personal Information In case of withdrawal from the SWAROVSKI Membership Service, the Company shall store the personal information of its members for thirty days after withdrawal so that it may be revived for reasons such as a change of heart before it is destroyed. In case of other reasons, the Company shall destroy such information without delay once the purposes of collection and use of personal information are completed. Provided, however, in case the Company has the obligation to retain such information according to related laws, it shall store the information without destroying them. Provided, however, the Company shall retain the following information for the period outlined below for purposes such as confirmation of the Company’s obligation to manage transaction-related records in accordance to related laws, including the Commercial Act, and internal policy: 1) Records regarding agreements or cancellation of purchase applications: Five years (Act on the Consumer Protection in the Electronic Commerce Transactions, etc) 2) Records regarding payments and supply of goods: Five years (Act on the Consumer Protection in the Electronic Commerce Transactions, etc) 3) Records regarding consumer complaints or disputes settlement: Three years (Act on the Consumer Protection in the Electronic Commerce Transactions, etc) 4)Records regarding Website visits: Three months (Telecommunications Security Protection Act) Article 4. Measures to Secure Personal Information The personal information of users shall be collected through the security system in electronic form, and treated and protected in documental or electronic form. Our consumer’s private information is stored on the Swarovski Database, and may be used for statistical or marketing analyses, integrated or treated in an identifiable manner. The Company pursues the following technical, managerial measures in order to secure personal information of its users and ensure that it is not lost, stolen, exposed, modified or damaged. 1. Password Encryption The log in ID (ID) and password of members shall be saved and managed after they are encrypted, and are knowledgeable only by the user. The confirmation or modification of personal information can only be made by the user who knows the password. 2. Measures against Hacking The Company is committing its best efforts to prevent the leakage or damage of its members’ personal information due to hacking or computer viruses. In case of personal information damage, the Company is frequently backing up of data, and preventing the exposure or damage of user’s personal information or data by using the latest vaccine programs. It is also ensuring safe transmission of personal information on its network through encrypted communications technology. 3. Minimal Handling by Employees and Education The Company personnel with authority to handle personal information will be limited to the relevant manager. A separate password shall be granted for the task, which shall be renewed regularly. By frequently training its managers, the Company emphasizes the importance of observing its Privacy Policy. 4. Operation of a Privacy Protection Body The Company operates an internal privacy protection body to confirm the implementation of the Swarovski Privacy Policy and check whether the managers are adhering to the policy, and when a problem arises, it shall immediately take corrective action. Provided, however, the Company shall not be liable for any problems incurred in relation to the exposure of personal information, including IDs and passwords, as a result of the user’s carelessness or internet-related problems. Article 5. Consignment of Personal Information The Company currently consigns the handling of your personal information to other companies of the Swarovski Group for the purposes of outsourcing the maintenance and management of its servers: Swarovski Crystal Online AG (Address: Alte Landstrasse 411, CH-8708 Männedorf, Switzerland), Daniel Swarovski Corporation AG (Swiss), D. Swarovski & Co (Austria), and Swarovski Aktiengesellschaft (Liechtenstein). In its consignment contracts, the Company stipulates service providers to strictly observe the Company’s orders regarding the protection of personal information, confidentiality of personal information, prohibition of provision to a third party and assumption of responsibility in case of accidents, consignment period, and the return or abolishment of personal information after the completion of a task, and maintains such contracts in written or electronic form. Further, the Company delegates the work related to delivery and return handling of ordered goods to FedEx. and Inicis. Article 6. Destruction of Personal Information 1. Destruction procedure When the purpose of collection and use of the personal information has been fulfilled, information you filled in or provided shall be moved to a separate database (and in case of hardcopies, to a separate file). The information shall be stored for a certain period of time for information protection reasons following an internal policy and other relevant laws and regulations and shall be deleted thereafter. 2. Methods of destruction Any print-out version of personal information will be shredded usinga a shedder or incinerated, and any personal information stored in the electronic files will be destroyed using a technical method which makes the records irreproducible. Article 7. Exercise of Rights You may always query or modify your personal information by accessing your profile on the Website, making such a request by telephone to the department or manager in charge of personal information protection and management, or making a request to the Company to modify, delete or suspend the handling of your personal information. You may, at any time, request to cancel your membership from the Website by contacting kr.shophelp@swarovski.com and the Company shall immediately take the necessary measures. Article 8. Automatic Collection of Personal Information “Cookies” are a standard which stores small fragments of data on your computer. The Company may, through the Website, store more than one cookie on your browser or request your browser to transmit the relative data to the Website. The Company may use cookies to control the posting of advertisements, track the 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. The Company shall retain the right to use anonymous data collected on our users for certain commercial purposes. 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 the deny cookies function on your browser, certain parts of the Website may not operate properly Article 9 (Privacy Officer) The Company exerts its utmost efforts to make sure the members can use the Company’s website safely and securely. In the event of any incidences that are against those notified to the members regarding the protection of personal information, the Privacy Officer shall take complete responsibility. However, the Company will not be responsible for any damages to the information caused by, despite technical complementary measures taken, an unexpected incidence attributable to the innate risk of network such as hacking and any disputes resulting or arising from postings by visitors to the website. Below is the information on the Privacy Officer that is responsible for taking care of your personal information. The Privacy Officer will gladly and promptly answer your inquiries on privacy. <Privacy Officer > - Name: SunWook Han - Position: Section Chief - Email: kr.shophelp@swarovski.com - Customer Service 1522-9065 | Tel 1661-9060
1. Collected Personal Information Items Swarovski Korea Ltd.(the “Company”) collects the following personal information upon the subscription of membership or registration for customer cooperation or other services for the convenience of online shopping: Name, log in ID, password, address, email, date of birth, telephone number (home phone, mobile phone) B. The following information may automatically be created and collected while the user uses the service or during the handling of services: IP address, cookies, visit date and time records, service usage records, transaction records, exchanges and returns records 2. Collection and Use of Personal Information The Company shall collect the personal information of customers who purchase its products or uses its services in order to provide them with more efficient and convenient services in terms of ordering merchandise, handling service requests, payment, delivery of goods, customer management, marketing research and analyses, promotion and marketing, after-sale services and other general management tasks (“Services”). The information you provide to the Company may be used for the following purposes: A. Handling of members’ purchase orders or payment-related requests, billing, accuire accurate delivery addreass for the orders. B. Communicating with and responding to customers regarding Services, deliver notice, handle complaints, inform of service or events, settle disputes C. Confirming whether the transaction data is complete, accurate and not created by violator of information The Company may use the customer’s personal information and data collected during online and offline purchases to enhance its understanding of the customer (purchase preferences for certain categories, analysis of customer requests regarding purchased items and number of visits etc). With the customer’s agreement, their information will be used for the delivery of DM and newsletters, e-cards, among others, for communicative purposes, and in order to offer an invitation for more personalized Services and more useful Services provided by its employees. Moreover, The Company may, with the customer’s permission, use the personal information provided by the customer for the purpose of preparing message alerts relating to the purchase or publicity of products that are stored in the customer’s online shopping bag and delivering such alerts to the customer. The Company shall save, retain, handle and use customers’ personal information to provide its services. Such personal information shall be irreversibly deleted technologically and will not be referred to or used for further purposes in case of expiration of membership, or if you request the cancellation of your membership according to the procedures defined in the Terms of Use of Swarovski Online or when the Company limits or halts their membership due to the loss of membership. Pursuant to Article 29 of Act on Promotion of Information and Communication Network Utilization and Information Protection, Swarovski Korea shall quickly destroy your personal information or separate it from personal information of other customers in any of the following cases, in order to secure personal information of long-term inactive users: 1) Object : Accounts that have no logged in for the last 1 year 2) We shall notify the customer before destroying or separating personal information. Provided, however, the Company shall retain the following information for the period outlined below for purposes such as confirmation of the Company’s obligation to manage transaction-related records in accordance to related laws, including the Commercial Act, and internal policy: 1) Records regarding agreements or cancellation of purchase applications: Five years (Act on the Consumer Protection in the Electronic Commerce Transactions, etc) 2) Records regarding payments and supply of goods: Five years (Act on the Consumer Protection in the Electronic Commerce Transactions, etc) 3) Records regarding consumer complaints or disputes settlement: Three years (Act on the Consumer Protection in the Electronic Commerce Transactions, etc) 4)Records regarding Website visits: Three months (Telecommunications Security Protection Act)
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