Customer Information and Terms and Conditions
Title:Article 1. The Website
These Customer Information and Terms and Conditions (hereinafter referred to as the “Terms”) apply when you access Swarovski websites from South Korea or place an order for delivery to a South Korean address. These Terms apply to the use of www.swarovski.com (the “Website”) and other domains operated by Swarovski Crystal Online, such as www.swarovski.co.kr and www.swarovski.kr. The Terms also apply to orders placed either directly through the Website or via an account set up on the Website. Please read these Terms and the Privacy Policy of Swarovski Korea Ltd. (the “Company” or “Swarovski”) carefully before placing any orders. You may only place orders if you agree to these Terms and the Privacy Policy.
If you do not agree to the Terms or the Privacy Policy, you must not use the Website or place any orders. These Terms may be amended in compliance with applicable laws including the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of Standardized Contracts, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Framework Act on Consumers.
Should Swarovski Korea Ltd. amend its Terms and Conditions, the effective date and reason for the amendment shall be clearly stated and announced on the service's homepage for a minimum of seven (7) days prior to the effective date, up until the day before its implementation.
In the case of amendments unfavorable to the member, such notice shall be provided at least thirty (30) days in advance and shall additionally be communicated via electronic means, including but not limited to email or SMS.
Where Swarovski Korea Ltd. explicitly informs members that a lack of response during the notice period shall be deemed as consent, and the member does not express any refusal within the given period, the member shall be considered to have agreed to the amended Terms and Conditions.
If the member does not agree to the revised terms, Swarovski Korea Ltd. shall not apply the amended provisions to the member, and the member may terminate the service agreement. However, where there are exceptional circumstances that prevent continued application of the previous terms, Swarovski Korea Ltd. reserves the right to terminate the agreement.
Article 2. Owner of Website and Purchase Agreement Party
This Website is owned and operated by Swarovski Crystal Online AG (Address: Alte Landstrasse 411, CH-8708 Männedorf, Switzerland, Tel: +41 44 925 73 44). For complaints about products purchased through the Website or to make warranty claims, please contact Swarovski Korea Ltd. (Address: 11F, Iljin Building, 456 Dosan-daero, Gangnam-gu, Seoul, 06062, Korea).
For inquiries or complaints regarding the Website, please contact our customer center at: Customer_Service_KR@Swarovski.com
Article 3. Membership Registration and Termination
You become a member of the Website by registering a user account and agreeing to the Terms. Minors under the age of 14 require consent from a legal guardian to register. You may request to terminate your membership at any time by contacting Customer_Service_KR@Swarovski.com, after which the Company will take necessary action. If you violate the Terms, the Company may, at its discretion, suspend, restrict, or terminate your access to the Website and the services provided.
Article 4. Your Use of the Website
You agree to use this Website solely for purposes permitted by these Terms. You are responsible for all equipment and software used to access the Website. You must not engage in any of the following prohibited activities:
1) Using the Website, directly or indirectly, for any activity that violates the law, infringes the rights of third parties, is unlawful, or breaches these Terms.
2) Using the Website, directly or indirectly, to post or transmit information or materials that are illegal, obscene, inappropriate, offensive, defamatory, insulting, harassing, stalking, threatening, disturbing, or that restrict or inhibit any other user from using or enjoying the Website.
3) Using the Website or any services provided through the Website, directly or indirectly, to conduct surveys, competitions, pyramid schemes, or to send chain letters, junk email, duplicate messages, or unsolicited messages (whether commercial or otherwise).
4) Attempting to gain unauthorized access to the Website or using another person’s name, registered account, or password.
5) Creating a false identity with the intent to mislead others about the origin or sender of any message.
6) Tampering with, disrupting, or making unauthorized modifications to the Website.
7) Intentionally transmitting viruses to the Website or disabling its features.
8) Advertising or offering to sell or buy products or services through the Website.
9) Collecting information about others, including email addresses, without their consent.
This Website may contain links to external websites. Unless otherwise stated, such linked websites are not part of this Website and are not under our control. We are not responsible for the content of any linked websites, and you access them at your own risk.
We may monitor, review, retain, and/or disclose information on the Website as necessary to comply with applicable laws, regulations, legal processes, or governmental requests, including but not limited to the Protection of Communications Secrets Act.
Article 5. Electronic Communications
When you visit the Website, place an order for products through the Website, or send emails to us, you are communicating with us electronically. If you register your contact information and do not notify us that you do not wish to be contacted, you agree that we may contact you directly via phone, electronic messages, or other forms of electronic communication.
If you do not agree to such communications, you must not visit the Website, place orders through the Website, or send emails to us. We may require your contact information (including your email address) to complete your purchase. If you do not consent to our collection and use of such information, you will not be able to register on the Website. However, you may still access parts of the Website that do not require registration.
If you choose to register, you may view and update your personal data at any time by accessing your profile through the Website menu. You must keep your data accurate and up to date at all times. If there are any changes, you must update your profile accordingly. We shall not be liable for any damages arising from your failure to do so, unless such damages are caused by our willful misconduct or gross negligence.
Article 6. Copyright and Trademarks
The copyright in this Website and the content contained herein is owned by us or our licensors. You may access the Website solely for your personal use and for the purpose of purchasing products offered on the Website. Subject to applicable laws, you may not, without our prior approval:
1) Reproduce, distribute, perform, publicly display, adapt, or create derivative works from any part of the Website; or
2) Commercialize any information or services obtained from the Website.
Trademarks used on the Website (if any) are either our trademarks or those of third parties. Nothing on the Website shall be construed as granting any license to use any trademark without the prior consent of the trademark owner. You must not use our trademarks:
- As part of your own trademark or as part of any trademark;
- In connection with products or services not provided by us;
- In any manner that is likely to cause confusion, mislead, or deceive others; or
- In any way that disparages or discredits us, our information or services, or the Website.
Article 7. Disclaimer of Warranties and Limitation of Liability
To the extent permitted by law, while we will exercise reasonable care in relation to the Website, its accessibility and availability, and the products available for purchase through the Website, all implied warranties, conditions, and representations are hereby disclaimed. In particular, to the extent permitted by law and except for the warranties set forth in Article 10, Paragraph 7 (Product Warranty), if you believe that a specific product purchased through the Website does not meet your expectations, your sole remedy shall be in accordance with our return policy as described in Article 10, Paragraph 6 (Cancellation of Purchase Agreement).
We provide all content and services on the Website in good faith and make reasonable efforts to ensure that the information posted is accurate and up to date as of the date of publication. However, unless caused by our willful misconduct or gross negligence, we shall not be liable for any inaccuracies, errors, or omissions in such content, including product specifications.
Despite our reasonable efforts to ensure that product specifications posted on the Website accurately describe the actual products, discrepancies may occur. If certain conditions are required by law to be included in these Terms in relation to products purchased through the Website, and such law prohibits the exclusion or modification of liability under those conditions, then such conditions shall be deemed included in these Terms. However, our liability for breach of such conditions shall, to the extent permitted by law, be limited at our discretion to either resupplying the relevant product or service or paying the cost of having it resupplied.
To the extent permitted by law and except as otherwise provided in these Terms, we (including our officers, employees, agents, and affiliates) disclaim all liability (including contractual, tortious, or other liability) for any loss, damage, cost, expense, or claim incurred by you in connection with:
1) Your use of the Website;
2) Any unavailability, interruption, delay in operation, virus, internet access issues, or equipment malfunction related to the Website;
3) Inaccessibility of the Website;
4) Products supplied, offered, or advertised on the Website; or
5) Your purchase of products or services offered for sale through the Website.
Article 8. Indemnification
Unless caused by our willful misconduct or gross negligence, we and our affiliates, employees, agents, and representatives shall be indemnified and held harmless from any and all claims and liabilities (including fees arising from customer-supplier relationships) arising from your use of the Website, your purchase of products from us through the Website, or your use of our products.
We shall not be liable for any damages you may incur due to the actions of third parties in connection with your use of the Website, your purchase of products through the Website, or your use of our products. Furthermore, we shall not be liable for any damages incurred by you or any third party resulting from your use of the Website, your purchase of products through the Website, or your use of our products.
Article 9. Cookies
“Cookies” are small pieces of data stored on your computer. All web servers (including ours) may:
1) Store one or more cookies in your browser; or
2) Request your browser to transmit such data back to the web server.
We may use cookies to control advertisements, track usage patterns of the Website, deliver editorial content, record registration details, or personalize information. For example, if you register for a specific section of the Website, you may choose to store your username and password on your computer. We may install cookies on your computer to enable such functionality.
Our cookies may contain personal information and may be shared with our affiliates. If you do not wish to use cookies, your browser should allow you to reject them. However, if you set your browser to reject cookies, certain parts of the Website may not function properly.
While your personal information is protected as described above, we reserve the right to use aggregated, anonymous data about our users for specific business purposes as a group.
Article 10. Your Purchase Agreement
If you place an order through the Website (either by direct order or by setting up an account), this Article shall apply.
1) Purchase Agreement
An order placed through the Website (either by direct order or by setting up an account) constitutes a binding offer to purchase from Swarovski Korea Co., Ltd. A binding purchase agreement is only formed when we accept your order by dispatching the products you ordered to our delivery service. We will notify you of the dispatch of the products by email. These Terms apply to and are incorporated into the purchase agreement for products purchased through the Website. We may refuse to enter into a purchase agreement with you if your application contains false, omitted, or incorrect information, if you are a minor and have not obtained the consent of your legal guardian, or if we determine that entering into a purchase agreement with you may cause harm to us. In such cases, we will notify you of the refusal by email immediately. The prices and fees displayed on the Website at the time you submit your order will be charged to you. We cannot confirm the price of a specific item until you submit your order. As explained in Paragraph 4 (Payment Terms), we will not charge your credit card until we accept your order. The United Nations Convention on Contracts for the International Sale of Goods (adopted in Vienna, Austria on April 10, 1980) is expressly excluded from these Terms and the purchase agreement.
Click & Reserve
We may offer the option to check the availability of certain products and reserve them at designated Swarovski offline stores through the Website's 'Click & Reserve' feature. If the product is available for reservation, we will notify you and reserve the product for two business days. You can purchase the product at the designated Swarovski offline store. The prices at Swarovski stores may differ from the prices displayed on the Website.
Pre-Order
We may offer the option to pre-order certain selected products (hereinafter 'Pre-Order Products') that are not yet available at Swarovski stores or on the Website through the Website from time to time. If you order Pre-Order Products, payment will be made after the product is dispatched if you use a credit card, and immediately after the order is placed if you use other payment methods, notwithstanding Paragraph 5 (Delivery and Retention of Ownership). Regardless of the payment method, if you pre-order two or more different types of products, payment will be made immediately after the order is placed and before the products are dispatched. Pre-Order Products will be dispatched within the period specified on the product detail page, and in most cases, within 6-8 weeks from the order date.
The following delivery methods do not apply to Pre-Order Products: Click & Reserve (store reservation after online order), Buy Online Pick up in Store (store pickup after online order). The Click & Collect (store pickup after online order) option is available only in certain countries and follows the delivery schedule specified on the product detail page. Pre-Order Products can be canceled before they are dispatched.
Click & Collect
We may offer the 'Click & Collect' service, which allows you to order products online and pick them up at designated Swarovski stores. Once the order is confirmed and delivered to the designated store, we will notify you by email that the product is ready for pickup. You must pick up the product at the designated store within seven business days from the date of the pickup notification email and present the order confirmation email and identification (including the payment method, if applicable) at the time of pickup. If you do not pick up the product within the specified period, the order may be canceled after prior notice, and the payment amount will be refunded using the selected payment method. Ownership and risk of the product will transfer to you when you pick up the product at the store.
2) Unavailability of Products and Suspension of Order Fulfillment
If we accept your order and later find that we are unable to supply the product, we will notify you immediately by email and refund any fees or charges you have already paid for the product within three business days.
3) Prices and Additional Costs
You must pay the total order amount for the products you ordered in a lump sum. The total order amount (including all taxes and packaging and shipping costs) will be displayed during the checkout process when you submit your order.
4) Payment Terms
The purchase price for the ordered products becomes due when we notify you that we have accepted your offer. Payment can only be made by credit card (by entering your credit card details on the Website at the time of purchase offer). We will process the transaction when we notify you of our acceptance. You may not offset our payment claims unless the offset amount is undisputed or subject to a final judgment against us.
5) Delivery and Retention of Ownership
Products will be delivered to the delivery address you specified in your order form through the delivery service designated by us. We will notify you of the contact information of the delivery service when we accept your order. We will make reasonable efforts to ensure that the products are delivered within the estimated period specified on the Website or at the time of order acceptance. However, while we make every effort to ensure timely delivery, we do not guarantee and cannot guarantee timely delivery. The products remain our property until we receive full payment. You become the owner of the products once we receive full payment and the products are dispatched to the delivery service. We request full payment before dispatching the products to our delivery service. All products purchased through the Website are delivered under the contract we have with our delivery service. This means that the risk of loss and ownership of the products transfer to you as soon as we dispatch the products to the delivery service.
6) Right to Cancel Purchase Agreement
You have the right to return the products you purchased without reason within 14 business days (30 days for Swarovski Created Diamonds) after receiving the products. However, you may exercise this right only if:
1. The products are returned in their original condition, and
2. You notify us within 14 business days (30 days for Swarovski Created Diamonds) after receiving the products or return the products to us within 14 business days (30 days for Swarovski Created Diamonds) after receiving them [in this case, you must immediately return the products to us in their original condition within 14 business days (30 days for Swarovski Created Diamonds) after notifying us]. If you exercise the right to return in this manner, we will refund the order cost you paid for the returned products once we receive the products from you. You may also return the products under the warranty provided by us or any other rights you may have under the law that cannot be excluded. You can select 'Customer Service - Returns' from the Website menu for additional information and support regarding the return of products. We will refund the payment only after receiving the products from you. You must exercise reasonable care in handling the products until they are returned.
If you wish to return only part of an order that applied a discount or promotion, the refund amount will be adjusted according to the minimum purchase amount of the discount/promotion, and the discount amount will be adjusted accordingly, so only the amount corresponding to the returned products will be refunded. If the total purchase amount falls below the minimum purchase amount of the promotion due to the return, the discounted amount will be deducted from the refund amount. For example, if the minimum purchase amount is 100 KRW and the total purchase amount falls below 100 KRW, the 10% discount will be excluded.
For products included in a single package (hereinafter 'Basic Set'), if you wish to return one of the products in the Basic Set, you must return all products included in the Basic Set. Swarovski only accepts returns of the entire Basic Set and does not accept returns of individual products.
For promotional bundle sets where a discount is applied for purchasing one or more products (e.g., 10% discount applied to individual products or individual product discount specified for purchasing three products), you can return each product individually. However, if you return one of the products in the bundle set, Swarovski will apply the regular price instead of the promotional discount price to the remaining products in the bundle set. Accordingly, Swarovski will refund the total amount (e.g., the discounted price of the returned product in the bundle set) minus the difference between the discounted price and the regular price of the remaining products in the bundle set.
7) Product Warranty
The warranty period is one year from the date you first receive the product (two years for watches & sunglasses, three years for Swarovski Created Diamonds). If the delivered product is found to be defective within this period, you may terminate the purchase agreement (we will refund the price you paid for the defective product immediately upon returning the defective product) or request a replacement with reasonable notice if the product is still available. To the extent permitted by law, we do not provide additional warranties for products purchased from us through the Website.
8) Liability for Products
We limit our liability to you in accordance with the 'Disclaimer of Warranties and Limitation of Liability' clause, which also applies to products you purchase from the Website. Please refer to the 'Disclaimer of Warranties and Limitation of Liability' clause.
9) Prohibition of Assignment
You may only transfer, assign, or succeed your rights under the purchase agreement to a third party with the prior written consent of Swarovski Korea Co., Ltd.
10) Governing Law
Matters not specified in these Terms and the interpretation of these Terms shall be governed by the laws and customs of the Republic of Korea. All disputes and litigation related to the purchase agreement shall follow the procedures specified in the Civil Procedure Act. These Terms shall take effect immediately.
11) Export Control and Sanctions
Swarovski screens customer personal information against relevant official export control and sanctions lists. The screening is conducted considering all updates to the sanctions lists. Customers guarantee that the products provided to them under these Terms will not be re-exported, transferred, or diverted to any government, corporation, organization, or individual (hereinafter 'third party') in violation of any sanctions, export, and re-export laws and regulations of the United States, the EU, EU member states, or other relevant jurisdictions (including but not limited to the U.S. Department of Commerce Export Administration Regulations and the U.S. Department of the Treasury Office of Foreign Assets Control Regulations). Customers also guarantee that they are not included in the current terms and relevant lists (e.g., the EU Consolidated List of Financial Sanctions Targets, the OFAC Specially Designated Nationals and Blocked Persons List).
These Terms shall only take effect if Swarovski’s export control and sanctions screening at the time of product delivery confirms that the customer is not listed as a sanctions target. If these Terms or trade laws, export control regulations, or sanctions are violated, especially if the review conducted by Swarovski confirms a match with the sanctions targets, these Terms shall become invalid, and Swarovski shall not be obligated to deliver the products. No compensation will be provided for non-compliance. Pending orders must be withdrawn immediately, and notwithstanding the foregoing, Swarovski reserves the right to suspend product delivery if necessary due to export control regulations and trade sanctions. No compensation will be provided for non-compliance related to this matter.