TERMS & CONDITIONS
CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR MAINLAND CHINA

 

1. The Swarovski website
There are the terms and conditions governing the use of this website and the agreement that operates between customers and Swarovski (hereinafter referred to as “Terms and Conditions”). The Terms and Conditions set out the rights and obligations of all users (hereinafter referred to as “you”/“your”/“customer(s)”) and those of Swarovski (hereinafter referred to as “us”/“our”/“we”/ “Swarovski”) in relation to the goods/services offered by us through website or any of the other websites to which we may link. 

Customers accessing this website www.swarovski.com, www.swarovski.com.cn, www.swarovski.cn, (herein after referred to as “the Website”) of from, or with shipping addresses in, Mainland China 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 good 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 Swarovski’s 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 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. You agree that, by placing your order, you unreservedly accept these Terms and Conditions, having read them. If you don't agree to all of the Terms and Conditions and the Privacy Policy, do not place 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 10 years of age. If you are under eighteen 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.

2. Owners of this website and parties to any purchase agreement
This Website is owned and operated by Swarovski (Shanghai) Trading Co., Ltd, which is a duly registered Chinese company.

If you have any complaints or wish to assert any applicable warranty claims in relation to goods you have purchased by this Website or for any inquiries or complaints in relation to this Website. Our Customer Service can be contacted as below: 
Telephone: 400-690-1078

Monday to Sunday (excluding public holidays): from 10:00 to 20:00 

Email: cn.shophelp@swarovski.com

3. Use of the Website
You agree to use the Website solely for those purposes permitted by these Terms and Conditions. You are fully responsible for all equipment and software used to access the Website and the authenticity of all information contained in your order.

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 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.

4. 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. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. 

Unless Swarovski is otherwise advised by you, the user, registering your contact details automatically gives your consent to being contacted directly by Swarovski 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 Swarovski to complete your purchase of the goods offered on this Website. By registering with Swarovski, you are expressly consenting to such use of your data. Registration cannot be completed without this consent, and you provide your consent by clicking on the “Submission” Button when you are creating your account. 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.

5. 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 Swarovski, 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.
If you conduct any of the above mentioned activity or activities, which lead Swarovski to suffer any loss or any adverse impact, Swarovski will reserve the right of recourse.

6. 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 Terms and Conditions. In particular, to the extent permitted by law, where you consider that an item purchased through this Website does not meet your expectations, your remedy is to follow our Return Policy, which is provided for in Section Ten below, entitled "Your Purchase Agreement".

Swarovski will provide all contents 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, which Swarovski has tried its best to maintain correctly at the existing technology level. However, such information shall not be regarded as any kind of undertaking from Swarovski. The information on this website shall be taken as the reference of the products description. 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.
Swarovski will not be able to you or any other third party by reason of our withdrawing any goods from this Website, whether it has been sold or not, removing or editing any material or contents on this Website or for refusing to process or accept an order.
If a term is implied by law in these 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 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 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, which have met the manufacturing requirements set up by the relevant laws and regulations and have no manufacturing defects; or
- your purchase of any goods or services offered by Swarovski for sale on this Website.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this paragraph will affect your statutory rights as a consumer.

7. Indemnity
To the extent permitted by applicable law, but without excluding anything that may not lawfully be excluded in the case of consumers, 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, which bear no manufacturing or other defects set up by relevant laws and regulations.

8. Termination
Swarovski may suspend, terminate, or limit your access to the Website effective immediately, if, in its reasonable opinion, these 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.

9. 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.. In terms of Privacy Policy and Data Protection (please refer to the relevant sections on this Website), 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 the use and management of data statistics and analysis

10. 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 for you to conclude a purchase agreement with Swarovski (Shanghai) Trading Co., Ltd.. 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 and sending you an email. Swarovski will notify you when goods are dispatched by sending you an email. The 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. During the checkout process, you can make payment via an online payment method on this Website, as explained in Clause 4 below. If Swarovski does not accept your order and funds have already been deducted from your account, they will be fully refunded.

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.

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 those unavailable 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 

Unless otherwise stipulated herein, the purchase price for all goods ordered is due and payable when you have finished shopping and placed your order. Payment may be made via an online payment method on this Website. 
You may not make any set-off claims against Swarovski's 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 Swarovski.

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 different bank transfers.
In case the payment amount is not transferred to our bank account within 7 business days after receiving the order confirmation, Swarovski has the right to cancel your order. 
An invoice will also be sent with your package. 


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. 

Swarovski makes reasonable efforts to ensure that orders are delivered within the estimated time frame on this Website and after your order is accepted. If Swarovski fails to make delivery within the estimated time frame, you are entitled to a return/replacement in accordance with Clause 6 hereunder. However, Swarovski makes no other guarantees in relation to estimated delivery times. 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, only available in Mainland China. This means that the risk of loss for the goods passes to you upon delivery of the goods to your designated delivery address. Ownership of the goods will only pass to you when Swarovski receive full payment of all sums due in respect of the goods, including delivery charges, or upon delivery (the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address and showing proof of this), shall this be latter. 

6. Right to cancel the purchase agreement 
Purchased items may be returned/replaced without any given reason within 7 business days after the date of receipt (please refer to the date of signing for receipt of the ordered goods). However, any unused, unworn items must be returned in their original condition, as you received them, along with original boxes, accompanying instructions /documents, wrapping, receipt/invoice (if any), delivery note, and return form. Swarovski will arrange for an appointed courier to pick up the parcel at your door and will arrange a refund using the method used to make payment upon Swarovski’s inspection of the returned items. Purchased items will not be refunded when you arrange pick-up services by yourself; under the aforementioned circumstance, you should therefore take liability for product damage or loss and Swarovski is entitled to refuse a refund. Please note that you are not allowed to return the goods to Swarovski’s retail stores. For the detailed procedure, please refer to the Return Policy on this Website, or contact us via the email address and telephone number provided on this Website in case of any queries.

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 CNY 100) will be removed if the returned product(s) brings the total order value below CNY 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.

7. Warranty in relation to goods
Unless otherwise stipulated by laws and regulations, Swarovski is happy to extend a two year warranty on the Watches category and one year warranty on all other product categories from the date of purchase. Swarovski’s warranty shall not apply to any defective goods which have been subject to abuse, modification, attempted repair, negligence, misuse, or accident. To the extent allowed by law, Swarovski provides no further warranty in relation to the goods purchased from the Website. However, the warranty provision does not affect your statutory rights as a consumer under product sale-related regulations.
If any defects are demonstrated within the aforementioned warranty period, you can take the defective product and relevant delivery note to Swarovski’s retail stores in Mainland China to request repairs. Each piece found to be defective under this warranty will be either repaired, pending repair feasibility and availability of parts, or replaced at Swarovski’s discretion. In case of substitution, it cannot be guaranteed that you will receive the same design but you will receive a piece of comparable value. You can contact us via the email address and telephone number provided on this Website in case of any queries.

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. However, the provision does not affect your statutory rights as a consumer under product sale-related regulations.

9. Prohibition of assignment 
You may only assign or transfer your rights of any purchase agreements to a third party with Swarovski 's prior written consent.
Swarovski may transfer, assign, sub-contract or otherwise dispose of any purchase agreements, or any of our rights or obligations arising under it, at any time during the term of the agreement. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by Swarovski to you, whether express or implied. 

10. Applicable law
Any purchase agreement shall be governed by the laws of China. Any dispute arising from, or related to, such agreements shall be subject to the non-exclusive jurisdiction of the competent Chinese courts of the place where Swarovski (Shanghai) Trading Co., Ltd.’s domicile is. 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 Terms and Conditions and any purchase agreement. 

11. Miscellaneous
Unless otherwise agreed by laws and regulations, Swarovski have the right to revise and amend these Terms and Conditions from time to time without serving further individual notice to you. The revisions and amendments to these Terms and Conditions shall automatically enter into force upon publication on this Website. By using this Website and/or placing an order through it following those revisions and amendments, you are consenting to be bound by the Terms and Conditions in use at any given time. if you do not agree to all of the Terms and Conditions in use at any given time, please do not place an order. For this reason, you should always check the Terms and Conditions published on this Website before you place any order.