CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR GERMANY
1. Applicability
These general terms and conditions apply to all orders through www.swarovski.com ("the Website"). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that your are competent to enter into legally-binding contracts and are at least 18 years old. We recognize rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
2. Contracting Party
This Website for selling goods over the Internet is run by Swarovski Crystal Online AG, Alte Landstrasse 411, CH-8708 Männedorf, Switzerland. This is where you can place complaints or assert statutory warranty claims.
You can reach our customer service on any issues at: customer_relations.de@swarovski.com
3. Formation of Contract
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Swarovski Crystal Online AG. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions, credit inquiry agencies and third parties contracted by Swarovski. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
4. Availability
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor.
There is no liability for lack of items in stock or for products not being available.
Any commercial resale or distribution of Swarovski products sold on the Website is strictly prohibited.
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.
Please note that after your order is confirmed, no requests to change or cancel it can be considered.
5. Reservation of Performance for Undeliverable Goods
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.
6. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process.
Swarovski products are sold by Swarovski Crystal Online AG, which has its headquarters in Switzerland. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
7. Payment conditions
The purchase price for goods ordered is due when you place your order through Swarovski Crystal Online. Payment may be by credit/debit card (by entering your card data on the Website), for customers from Austria, Germany or Switzerland (including Liechtenstein) on account, by PayPal or by other alternative payment methods (by entering your payment data on the Website / App of the respective payment provider). Swarovski reserves the right, to add or remove payment methods from time to time to its discretion. You may settle our claims for payment only by using uncontested or final and unappealable receivables.
If you pay with a credit/debit card or alternative payment methods, we reserve the right to check the validity of the card, to monitor the availability parameters for collection and the address data and to ask for authorization by the card issuer or payment method provider. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. If the institution that issued the credit card or payment method refuses to authorize payment to us, we will not accept your order and we are not liable for any delays or for failure to deliver and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
For the purposes of the service offering the “purchase on account” payment method (hereinafter referred to as: “payolution payment method”) Swarovski is cooperating with payolution GmbH, Mittersteig 10 / 1-2, 1050 Vienna, Austria, (hereinafter referred to as: “payolution”) and net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany (hereinafter referred to as: “Bank”), whereby the following shall apply:
- This shall not establish a contractual relationship between the customer and payolution or the Bank.
- The use of the payolution payment method shall only be permitted to customers who have reached the age of 18 years.
- Before each payment using the payolution payment method, Swarovski or the Bank shall carry out a credit check on the customer subject to the customer’s separate consent. If payment using the payolution payment method (for example for reasons of creditworthiness, for technical reasons, or due to amount limits being exceeded) is not possible, Swarovski can offer the customer an alternative payment option.
- Swarovski shall be entitled to assign claims that should have been paid using the payolution payment method to third parties, including all associated ancillary rights.
- Swarovski shall retain the title to the goods delivered until the complete amount has been paid.
- Swarovski shall send the customer an invoice that is payable immediately without deductions upon receipt of the invoice.
- If the invoice is not paid at the latest by the due date, the customer shall be in default, even without a separate reminder. In this case, Swarovski shall be entitled to charge the customer interest on arrears at the applicable statutory rate.
Prepayment:
For special orders (e.g. high order amount, Limited Editions) Swarovski offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.
Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.
In case the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Swarovski has the right to cancel your order.
An invoice will also be sent with your package. Prepayment is not available for Electronic Gift Cards.
8. Delivery and Reservation of Title
The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 2 working days after the working day following your order. Please allow an additional delivery time of 2-3 working days for customized products. You can find our holidays, on which no orders are processed, in our Online Shop Assistant. If you so request, we will make efforts to deliver the goods at a specific time, but generally cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property.
If you choose the Click & Collect option (DE 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 shipment must be checked for accuracy and completeness.
9. Right of withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. Customized products are excluded from the right to withdraw.
The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Swarovski Crystal Online AG, Alte Landstrasse 411, CH-8708 Männedorf, Switzerland, e-mail: customer_relations.de@swarovski.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to the address listed on our Website under "Customer Service – Return Policy“. The deadline is met if you send back the goods before the period of 14 days has expired. You can get additional information and assistance in returning items that have been ordered and the return address for your country on our Website under “Customer Service – Return Policy”.
We will bear the costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The customer has to take best efforts to send the products back in original condition with their original packaging and the return voucher must be attached to the products.
Please note that if you pay fully by Gift Card, the amount paid can only be reimbursed as a Gift Card. If partial payment is made by gift card, the amount paid via your chosen payment method will be reimbursed first via the same payment method. Any remaining amount will then be recharged to your Gift Card.
Vouchers and customized products can generally not be replaced or returned.
It is not currently possible to return goods purchased in Swarovski shops through the Website.
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 EUR 100) will be removed if the returned product(s) brings the total order value below EUR 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.
10. Warranty
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or - if the goods are still deliverable - that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that.
For After Sale Services, please go to the local customer service offices listed on our Website under "Customer Services - After Sales Service”.
The warranty period is two years from the time the goods are received.
11. Liability
Swarovski Crystal Online AG is only liable to you for damage caused intentionally or by gross negligence.
This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb.
Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Swarovski Crystal Online AG.
12. Severability Clause
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.
13. Prohibition against Assignment
You may assign your rights under this contract to third parties only with the consent of Swarovski Crystal Online AG.
14. Applicable Law
Contracts entered into under these General Terms and Conditions are subject to Swiss law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Zurich is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Swarovski Crystal Online AG is also authorized to sue at the customer's location.