CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR CANADA
Effective as of July 2006
1. Scope of application
This customer information and the terms and conditions set forth below (the “Terms and Conditions”) shall apply to all use of this website, accessible at http://www.swarovski.com (hereafter referred to as the "Website"), provided by Swarovski Crystal Online AG (hereafter referred to as “Swarovski Crystal Online”, “Swarovski”, “the company”, or “its”) and all purchases of products made through the Website. By using the Website or purchasing products through the Website, you agree to these Terms and Conditions and further agree that all agreements, notices, disclosures, and other communications that Swarovski Crystal Online provides electronically satisfy the legal requirement that such agreements, notices, disclosures, and other such communications be in writing.
2. Parties, Customer Service, and returns
This Website may only be used by persons residing in Canada. This Website may not be used by persons in jurisdictions where access to or use of this Website, or any part of it, is illegal or prohibited. It is the sole responsibility of the user to determine whether his/her use of the Website is lawful. All users must comply with all applicable laws.
Swarovski Crystal Online's Customer Service Department may be contacted by:
Phone: + 1-833-530-2682 (Monday – Sunday and Holidays, 8:00 am - 1:00 am, EST)
Any products that are returned, as permitted under these Terms and Conditions, must be shipped to the following address:
Schenker of Canada (For SCO)
3210 Airway Drive, Doors 1 – 10
All warranty claims and notices to Swarovski Crystal Online shall be in writing and shall only be sent by mail or courier to the above address. All notices may be delivered to you by mail, courier, fax or email at the addresses or locations you provided when entering your order.
3. Orders and purchases
Swarovski Crystal Online only sells products to adults who are able to purchase its products using an approved method of payment, which Swarovski, in its sole discretion, may change from time to time issued to the actual buyer. By purchasing a product using the Website, you represent to Swarovski Crystal Online that you are an adult and that you are authorized to make the purchase using the payment information you provide. You represent and warrant that any products you purchase are for your own personal use and not for resale.
Any orders placed on the Website constitute a binding offer by you to conclude a purchase with Swarovski Crystal Online. The binding purchase agreement comes into existence only when Swarovski Crystal Online accepts your order on the Website by written communication, by email, or by shipping the products ordered.
Purchased items may be returned without questions 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 Crystal Online AG by email (firstname.lastname@example.org) within 14 business days of the date goods are received of your intent to return your item(s). In this case, you must promptly return the goods within 14 business days of notifying Swarovski. Item(s) must be in their original condition.
If you choose to take advantage of this return policy, Swarovski will refund the full cost of your order once the item(s) 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 returning of the goods by choosing My Account - Returns from the Website menu.
Swarovski will only refund a payment after goods have been received. You must take all reasonable care of the goods until they are sent.
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 CAD 100) will be removed if the returned product(s) brings the total order value below CAD 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.
The prices on the Website are exclusive of all applicable taxes, customs, duties, and levies. When Swarovski Crystal Online is required by law to collect applicable taxes relating to your order, you authorize the company to charge the applicable taxes to your selected payment method
5. Reservations and exceptions
Swarovski Crystal Online reserves the right to change prices, terms, specifications, product warranties, promotional offers, and any other part of the Website at any time without prior notice and without liability. Swarovski Crystal Online attempts to post accurate information; however, errors may sometimes occur. The company does not warrant that the Website is accurate, complete, reliable, current, or error-free. Any such errors, inaccuracies, or omissions (including after an order has been submitted or accepted) for product specifications, descriptions, and pricing will be corrected when discovered and Swarovski Crystal Online reserves the right to revoke any stated price, term, or specification on the Website. If an error or inaccuracy is discovered after your order has been submitted or accepted, the company will inform you promptly upon its discovery, at which time you will have the option to cancel or confirm your order.
6. Product availability
Swarovski reserves the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.
Swarovski reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities.
Once Swarovski Crystal Online accepts your order, it will attempt to promptly fill the order, subject to available inventories. Should an item not be available, Swarovski kindly asks you to try again shortly or to visit your local authorized Swarovski retailer.
7. Terms of payment
All prices and other references to currency on the Website are shown in Canadian dollars. The purchase price for the products ordered is due upon the shipment of your order by Swarovski Crystal Online. Upon shipment, Swarovski Crystal Online will charge the selected payment method for the purchase price, the cost of shipping and handling, and applicable taxes. If the charge is not authorized or accepted the company reserves the right to cancel your order without notice or liability. You may not make any set-off against Swarovski Crystal Online's claim for payment unless otherwise agreed to in writing by Swarovski Crystal Online.
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.
8. Delivery, reservation of title, and risk of loss
The products ordered by you will be delivered to the address entered by you through a delivery service selected by Swarovski Crystal Online, provided however that you may not specify, and Swarovski Crystal Online will not ship to, post office boxes or freight forwarding services. You agree that the products ordered and sent to you remain Swarovski Crystal Online's property until full payment has been received by the company. Risk of loss or damage passes to you at the time the products you order are delivered to the delivery service.
You can obtain further information and assistance regarding Swarovski’s return policy by choosing My Account - Returns from the Website menu. In order to cancel the agreement, it is sufficient to send a notice in writing, or on a permanent data carrier, within two weeks to the address specified above in paragraph two, or to send the goods back to the address Firma DSW, Abt. SCO, z.H. Fr. Silvia Stifter, AT-6112, Wattens.
If you cancel the purchase agreement, you must return the goods within 14 days of the cancellation of the order. The goods returned are dispatched at the expense and risk of Swarovski Crystal Online, but you must take reasonable care of the goods until they are dispatched.
If you choose the Click & Collect option (CA customers only), we will keep your order in store for 14 calendar days after it has arrived. If the order is not collected, we will assume that it is unwanted, cancel the order and issue a refund via your original payment method.
Upon receipt the order must be checked for accuracy and completeness.
9. Warranty and disclaimers
Customer Satisfaction Warranty
If you are not satisfied with your purchase for any reason up to two weeks following your receipt of the ordered products, Swarovski Crystal Online will, upon receipt of the returned products, refund or credit the full purchase price (excluding shipping charges) you have paid for the ordered products.
You may obtain further information and assistance concerning the return of the products ordered by selecting My Account from the Website menu. To obtain a refund, you must send a written notice to the address specified above in paragraph two within two weeks of your receipt of the products, or send the products back to the shipping address specified above in paragraph for delivery within two weeks of your receipt of the products. If you cancel the purchase by written notice, you must return the products to the shipping address specified above in paragraph two within thirty days your notice.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swarovski Crystal Online. You must take reasonable care to ensure that the products are not damaged during their return. The risk of loss or damage to the products remains with you until the products are received at Swarovski's facilities.
Materials and Workmanship Warranty
Swarovski Crystal Online warrants, for a period of two years, beginning on the date of your receipt of the products, that its products are free from defects in materials and workmanship. This warranty is extended only to you, as the purchaser of the products, and not to any subsequent owner of the products.
You may return defective products to Swarovski within two years of the date of your receipt of the products for a full refund. THE FOREGOING REPRESENTS SWAROVSKI CRYSTAL ONLINE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THE ABOVE WARRANTY.
THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To claim under this warranty, you must return defective products to the shipping address specified in paragraph two above and include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the products, and the nature of the defect.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swarovski Crystal Online. In the event Swarovski Crystal Online determines that your warranty claim is justified, Swarovski Crystal Online will refund to you the necessary costs of shipment through Canada Post. You must take reasonable care that the products are not damaged during their return. The risk of loss or damage to the products remains with you until the products are received at Swarovski’s facilities.
The Website is provided on an "as is", “where is”, and "as available" basis. Neither Swarovski Crystal Online nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively referred to as "related parties"), warrant that use of the Website will be uninterrupted or error-free and you agree that Swarovski Crystal Online has no obligation to make the Website available to you or to continue to make the Website available to you. Neither Swarovski Crystal Online nor its related parties warrant the accuracy, integrity, or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
Swarovski CRYSTAL online reserves the right (but has no obligation) to modify, change, update, suspend, or terminate this website or any portion thereof, any feature or function thereof, or your access or use rights thereto at any time and for any reason (including without limitation your contravention of any of these terms and conditions) without notice or liability.
These Terms and Conditions will ensure to the benefit of and be binding upon Swarovski Crystal Online and its successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign the Terms and Conditions or any of your rights or obligations hereunder without Swarovski Crystal Online's prior written consent. The company may assign these Terms and Conditions or any of its rights or obligations hereunder.
11. Applicable law and venue
By using the Website, you agree that the laws of the Province of Ontario shall govern the Terms and Conditions without giving effect to any conflict of law principles and further agree to attorn to the exclusive jurisdiction of the courts of the Province of Ontario and that the venue for any action, suit, or proceeding arising from or relating to these Terms and Conditions or our products shall be Toronto, Ontario, subject to the provisions on arbitration below. You agree that the United Nations Convention on Contracts for the International Sale of Goods and any local enactment thereof, including but not limited to the International Sale of Goods Act (Ontario), shall not apply.
You agree that any claim, action, dispute, disagreement, or controversy, at law or in equity, arising out of or relating to these Terms and Conditions, the Website, your use thereof, Swarovski Crystal Online, or any of the products shall, except to the extent expressly prohibited by law, be exclusively resolved by confidential, final, and binding arbitration by a sole arbitrator in an arbitration pursuant to the provisions of the Arbitration Act, 1991 (Ontario).
Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the city of Toronto, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand, or modify these Terms and Conditions, nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against Swarovski. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
You also agree, except to the extent prohibited by law or for any application for injunctive relief, not to join any arbitration under these Terms and Conditions or to any other arbitration involving any other parties subject to these or a similar version of these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Except to the extent prohibited by law, Swarovski Crystal Online will have no liability to you for any claim or cause of action you may have arising from, connected with, or relating to these Terms and Conditions, this Website, your use thereof, or any related matters for which you give us more than six months notice after the claim or cause of action arises.
12. Modifications and waivers
Swarovski Crystal Online reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
You may not modify, supplement, delete, or amend these Terms and Conditions in any manner without the express written agreement of Swarovski Crystal Online.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties agree that these Terms and Conditions contain the entire agreement of the parties and supersede all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
Swarovski Crystal Online will use your personal information to: (i) respond to your inquiries or requests; (ii) for market research to improve its product range and the Website; (iii) keep you informed about Swarovski Crystal Online and its goods, including sending you select advertisements for Swarovski products or notices of special promotions and other opportunities to buy Swarovski products; and (iv) process the order(s) which you have placed. Your personal information will not be sold to or shared with any other third parties for their commercial use without your consent. However, Swarovski may share some or all of your personal information with third parties who perform functions on its behalf, such as, without limitation, delivery services, information technology service providers, and payment processing services. Under their agreements with Swarovski Crystal Online, these third parties have access only to the extent necessary to perform their functions for Swarovski and are not permitted to use it for other purposes. Your personal information is stored and processed by Swarovski Crystal Online and its Related Parties in Switzerland and elsewhere. By submitting your personal information to Swarovski Crystal Online, you agree to the company’s collection, use, and disclosure of your personal information as set forth above and as permitted or required by applicable law.
Subject to legal and contractual requirements, you can refuse to consent to Swarovski’s collection, use, or disclosure of your personal information by contacting Customer Support. You may also withdraw your consent to any further collection, use, or disclosure of information about you at any time by giving Swarovski reasonable notice and subject to legal and contractual requirements. Any such refusal to or withdrawal of consent may affect the information, products, and services the company can provide to you.
Swarovski will try to ensure that information about you is sufficiently accurate, complete, and up to date for the purposes for which it is to be used. You have a right to access the personal information which it has about you and to request that personal information which you believe to be inaccurate be corrected. If you wish to access your personal information, you may either select “Profile” from the site menu or you may contact our Privacy Officer, who will be pleased to assist you. By selecting the Profile option from the site menu, you may also modify your personal information.
14. Permitted use of the Website
Subject to the Terms and Conditions hereof, Swarovski Crystal Online grants you a limited license to use the Website solely as reasonably required for you to personally evaluate our products and to make a decision to purchase or not to purchase such products through the Website. Permitted use includes electronically copying and printing portions of this Website for such purposes, provided you do not modify any of those portions and that you do not remove or alter any trademarks or other identification, marks, notices, or disclaimers found therein.
Except as expressly permitted under these Terms and Conditions, any use of this Website including any commercial use, reproduction for purposes other than those described above, or any modification, distribution, republication, display, transmission, or performance without Swarovski’s prior written permission is strictly prohibited and, without limiting the generality of the foregoing, you agree not to, without its prior written consent:
- use the Website in any manner or for any purpose not expressly permitted by this Agreement including, without limitation: (i) modification, adaptation, translation, reverse engineering, decompilation, disassembly, or conversion into human readable form any of the Website not intended to be so read, including using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (ii) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, or transmitting any of the Website (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise; (iii) selling, reselling, or making any commercial use of the Website or access thereto; (iv) collecting or using any product listings or descriptions; (v) creating any derivative works of the Website; or (vi) using any data mining, robots, bots, spiders, automated tools, or other data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website;
- upload, distribute, transmit, or otherwise publish to or through this Website any message, information, text or other material (“Content”) that: (i) is or is likely to be construed as unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (ii) would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (iii) may infringe any patent, trademark, trade secret, copyright, or other intellectual, moral, proprietary, publicity, contractual or other right of any party, and by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; (iv) may be harmful or deleterious, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data, or personal information; (v) includes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited email, including commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal, provincial, or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (vi) contains any error, deficiency, omission, misstatement, or misrepresentation;
- use another person’s account, password, or other information without that person’s prior written authorization and prior written notification to use, create, or use a false identity on the Website or impersonate any person or entity or otherwise misrepresent your identity, status, qualifications, or affiliations; or
- use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation, or the rights of any third parties or in a manner that could damage, disable, overburden, or otherwise interfere with the normal operation of this Website, including any other person’s use or enjoyment of this site.
If you register on the Website or submit an order to purchase products, you agree that any information you provide to Swarovski will be current, true, accurate, and complete, and further agree to update such information in respect of any changes the next time you use the Website following such changes.
Swarovski does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions, or other materials to the company, whether through this Website or otherwise.
If you do send, submit or transmit questions, comments, suggestions, ideas (including without limitation any of the ideas noted above), plans, notes, drawings, original or creative materials or other information (collectively, “Submissions”) to the Website, or to Swarovski by email, through the Website, or by other means, you agree that you remain solely responsible and liable for your Submissions, and that Submissions (excluding your personal information) may be treated by us as non-confidential. You further hereby grant to Swarovski and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media, or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent, and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of Swarovski and its assigns.
Swarovski has the right, but not the obligation, to monitor any activity, Submissions associated with forums, and interactive areas on this Website. The company may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warning, suspension or termination of service, or removal of posted Submissions.
Swarovski takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. The company reserves the right, in its sole discretion, to remove or edit any Submissions that violate these Terms and Conditions, or are otherwise objectionable. Subject to applicable law, Swarovski may access at any time and use internally for any lawful purpose information stored on its systems, including the content of any emails or other communications. Swarovski may disclose such information to any third parties, including law enforcement agencies to protect our rights or property, in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation.
You are granted a limited, nonexclusive right to create a hypertext link to this Website, provided such link does not portray Swarovski or any of its products or services in a false, misleading, derogatory, unflattering, or defamatory manner and provided the site on which such a link is found does not contravene the Content restrictions set forth in the paragraphs above. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any of Swarovski’s trademarks or any portion of the Website without its express written consent. You may not mirror, replicate, or otherwise alter the presentation of this Website, or cause any advertisement, announcement, message, or commentary (including without limitation any pop-up, pop-under or banner advertisement) to appear at, on, over, or triggered by exiting, this Website.
This Website may from time to time include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites may be independent from Swarovski, and it does not have responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Your use of Other Sites and your dealings with the owners or operators of Other Sites are at your own risk, and you shall not make any claim against Swarovski arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The company makes no claim, representation, warranty, or endorsement regarding, and accepts no responsibility for, the quality, content, nature, reliability, products, information, or services of Other Sites, or web sites linking to this Website.
17. Limitations of liability
Subject to applicable law and without limiting the generality of the foregoing, the total liability of Swarovski Crystal Online for any cause of action whatsoever arising from or related to these Terms and Conditions, this Website, Swarovski Crystal Online, or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (i) in respect of any particular claim, the amount paid to Swarovski Crystal Online for the purchase of products or provision of service related to the claim, if any; and (ii) in aggregate and in respect of all claims, the amount paid to Swarovski for the purchase of products through this Website in the two year period immediately preceding the claim, provided further that Swarovski Crystal Online shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Swarovski Crystal Online records, programs, or services or any use or misuse of any product by you.
You agree that under no circumstances shall Swarovski Crystal Online or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Swarovski Crystal Online records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Subject to applicable law, the disclaimers, limitations, and exclusions set forth in these Terms and Conditions shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these Terms and Conditions, this Website, Swarovski Crystal Online, or the products offered on this Website, even if Swarovski Crystal Online is aware of or has been advised of the possibility of such loss or damage.
You agree that all exclusions and limitations of liability in these Terms and Conditions apply to any claims against Swarovski Crystal Online as well as its related parties.
18. Proprietary rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") are protected by Canadian and international copyrights, trademarks, patent, or other proprietary rights. All Content is copyrighted under applicable law and Swarovski Crystal Online owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
When you use this Website, you are responsible for maintaining the confidentiality of your access information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Swarovski Crystal Online's products through your computer or using your access information. In the event that the confidentiality of your access information is compromised, or you suspect such confidentiality is compromised in any manner, you will notify us immediately. Swarovski reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account.
20. Excusable non-performance
If the performance of any of these Terms and Conditions or any obligation hereunder by Swarovski Crystal Online is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; or (vii) any other cause beyond its reasonable control, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.