CUSTOMER INFORMATION AND TERMS AND CONDITIONS
Article 1. The Website
Article 2. Owner of Website and Purchase Agreement Party
This Website is owned and provided by Swarovski Crystal Online AG (Address: Alte Landstrasse 411, CH-8708 Männedorf, Switzerland (Managing Director: Mr. Arno Ebner), Tel: ++41 44 925 73 44). If you are unsatisfied with a product purchased through this Website or wish to demand warranty on such a product, please contact Swarovski Korea (address: 10,11,12,13F Baekyoung Bldg, 456 Dosan-daero, Gangnam-gu, Seoul, 06062), which is the purchase agreement party. For any inquiries or complaints on the Website, please contact the Customer Center by sending an email to email@example.com
Article 3. Membership
You will become a member of this Website by registering a user account and agreeing to the TOS. If you are a minor under the age of fourteen years, you will need the consent of a legal agent in order to join the membership. If you wish to cancel your membership, you may do so by making a request to firstname.lastname@example.org
after which the Company shall immediately take necessary actions. If the Company reasonably determines that you have violated these Terms and Conditions, it may immediately suspend, limit or terminate the service provided to you through the Website or your access and use of the Website.
Article 4. Your Use of the Website
You agree to use the Website solely for the purposes permitted under the TOS. You will be fully liable for all equipment and software used to access the Website. You will be prohibited from undertaking the following actions:1) Use, directly or indirectly, the Website to violate the law, infringe the rights of a third party, or carry out an illegal activity or an activity which violates these terms 2) Use, directly or indirectly, the Website to post or transmit illegal information or data, use obscene, inappropriate or unpleasant language, slander, insult, harass, pursue, blackmail, threaten, create discomfort or restrict a certain person or post or transmit information or material which adversely affects other users from using or enjoying the Website 1) Use, directly or indirectly, the Website or services provided through the Website in order to transmit unwanted or repetitive messages, including chain letters (lucky letters) and junk emails, for research, competition or pyramid fraud 2) Attempt to access the Website without authorization or use the name, registered account or password of another person 3) Create a false identity in order to deceive other people of the identity or source of the message sender 4) Modify, interrupt or change the operation of the Website without authorization 5) Intentionally transmit a virus or disable function to the Website 6) Advertise, or propose the sale or repurchase of a product or service on the Website or 7) Collect the information, including email addresses, of other persons without their consent. This Website may include links to external websites, which do not comprise a part of the Website, and unless stated otherwise, are not managed by the Company. The Company is not responsible for the contents of the websites linked to the Website, and users shall be responsible for the access of such websites. In order to observe related laws, regulations, legal procedures and government requests, the Company may investigate, monitor, hold and/or disclose the information on the Website within legal boundaries.
Article 5. Electronic Communication
You are communicating electronically with the Company when you visit the Website, order a product from the Website or send an email to the Company. If you register your contact information, the Company will communicate to you directly through telephone or electronic messages (or through other electronic messaging techniques) unless you notify us that you do not wish to be contacted. If you do not agree to receive communication from the Company, you must not visit the Website, order a product from the Website or contact the Company via email. The Company may request such information (including contact information) in order to complete your purchase of a product, but if you do not agree to the collection and use of such information by the Company, you will be unable to join the membership. Provided, however, you will be able to use those parts of the Website which does not require subscription. If you have agreed to become a member, you may check or amend your data by selecting your profile information on the Website menu at any time. You will be required to always maintain your data with the latest, accurate information and amend your profile in case of any changes. The Company shall not be liable for any damages resulting from the violation of this provision.
Article 6. Copyrights and Trademarks
The copyright of the Website and contents contained herein are held by the Company or the Company’s Licensor. You may only access the Website for personal purposes and for the purchase of products sold on the Website. Under applicable laws, you are restricted from undertaking the following actions without the prior consent of the Company: 1) Copy, distribute, demonstrate, disclose to the general public, adapt or create derivative works on a certain part of the Website 2) Commercialize any information or service acquired from the Website. The trademarks used on the Website (if applicable) are owned by the Company or a third party. No content posted on the Website shall be interpreted to grant the right to use a certain trademark without the prior consent of the holder of the trademark. You are restricted from using the Company’s trademarks: 1) As your trademark or a part of your trademark 2) In relation to a product or service of another company 3) In a way that could trigger confusion, misunderstanding or deception of other people or 4) In a way that will damage the Company, the Company’s information or service or the credibility of the Website.
Article 7. Denial of Warranty and Limits of Responsibility
The Company shall exercise reasonable caution on the Website, access and usability of the Website and products that can be purchased from the Website to the extent permitted by law, but this shall not signify the acknowledgement of all implied warranties, conditions and testimonies. In particular, to the extent permissible by law, in the event you believe that a certain product you purchased through the Website fails to meet your expectations, with the exception of the Company’s warranty defined in Article 10 Clause 7, the Company shall observe its return policy set forth in Article 10 Clause 6 (Right to Cancel Your Purcase Agreement, which shall be your only remedy. The Company provides all contents and other services on the Website in good faith, and devotes reasonable effort to update all information posted on the Website with accuracy as of the date of the announcement. Provided, however, unless there is intentional or gross negligence, the Company shall not be liable for any inaccurate, wrong or omitted contents, including in relation to the product statement. Regardless of all reasonable efforts by the Company to provide accurate information on the product statement, the description may differ from the actual product. If there is a request for the inclusion of certain legal provisions in the TOS (in regards to a product or service provided by the Company through the Website), including for the product you purchased through the Website, which prohibits contract provisions that exempts or amends the liability of the Company, the relevant provisions shall be included in the TOS. Provided, however, the Company’s liabilities in violating the relevant provisions shall, up to the extent permissible by law, be limited to the re-provision of a related product or service according to the Company’s discretion or payment of the necessary costs so that a related product or service may be re-provided. With the exception of terms predefined in the TOS, the Company denies all responsibilities (including all responsibilities pursuant to the contract, responsibilities as a result of illegal activities and other responsibilities), within legal boundaries, in relation to any claims for loss, damage, cost, expense that you have incurred or that have been claimed against you regarding the following, unless there was an intentional or gross negligence on the part of the Company (including by Company executives and employees, agencies or related entities): 1) Your use of the Website 2) Lack of availability, suspension, operational delays, virus, internet accessibility issues or equipment errors related to the Website 3) Unavailability of the Website 4) Product which is supplied, offered or advertised on the Website or 5) Your purchase of a product or service presented for sale purposes on the Website.
Article 8. Immunity
The Company, its subsidiaries, employees, agencies and representatives shall be exempt from any and all claims and responsibilities (including commissions incurred between the party which receives the order and the customer) arising in relation to your use of the Website, your purchase of a product from the Company through the Website, or your use of the Company’s products, unless in case of intentional or gross negligence. The Company shall not be liable for any losses of the user incurring from an act of a third party in relation to your use of the Website, your purchase of a product from the Company through the Website or your use of the Company’s products. The Company shall not be liable for any losses of the user or a third party as a result of your use of the Website, your purchase of a product from the Company through the Website or your use of the Company’s products.
Article 9. Cookies
Article 10. Your Purchase Agreement
This provision shall be applicable when you make an order through the Website (by direct order or set up of account).
1. Purchase Agreement
The order you make through the Website (through direct order or set up of account) composes a binding application for purchase in order to conclude a purchase agreement with Swarovski Korea Ltd. A binding purchase agreement shall be established only when the Company sends the product you ordered to the Company’s delivery service and thereby authorizes your order. The Company shall notify you of the dispatch by email at such a time. The TOS shall be applicable and be incorporated into the Purchase Agreement for the purchase of product through the Website. In case of any fraud, omission, error in your application, or if you have failed to acquire consent from your legal agent if you are a minor, or when the Company decides that the conclusion of other purchase agreements may damage the Company, it may refuse entering into a purchase agreement with you. In this case, the Company shall immediately notify you of such a fact. When you make your order, you will be charged with the price of the product indicated on the Website and the commission fee. The Company will not be able to check the price of a certain item until you submit your order. Pursuant to Clause 4 (“Payment Conditions”), your credit card will not be charged until the Company authorizes your order. The United Nations Convention on Contracts for the International Sale of Goods (adopted in Vienna, Austria on April 10, 1980) shall be explicitly exempt from the TOS and purchase agreement.
We may invite you from time to time to pre-order selected Products online before they are available from Swarovski stores or websites (“Pre-Order Products”).
You agree that if you order a Pre-Order Product, you will be charged in case of use of a credit card after your item has shipped, in case of use of any other payment method you will be charged shortly after you place your order and before your item is dispatched. Kindly note that irrespective of the means of payment, in case you pre-order more than one type of product, you will be charged shortly after you place your order and before your item is dispatched.
Notwithstanding the foregoing, your payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken. Pre-Order Products will be shipped within the period as stated on the product page (in most instances this will be at latest between 6-8 weeks from the date the order is placed). Please note that the following delivery options offered on the Website shall not apply to orders of Pre-Order Products: Click & Reserve; Buy Online Pick up in Store. The Click & Collect option will only be possible in certain countries and based on the delivery times mentioned on the product page. Pre-orders can be cancelled before Pre-Order Products are shipped.
2. Deferral of order for out-of-stock items
The Company shall immediately notify you by email as soon as it determines that it will be difficult to supply your ordered product, which it authorized, and the commission fee and price of the product you already paid for shall be returned to you within three business days.
3. Price and Additional Costs
For orders made to the Company, you must make a single payment of the total amount of your order. The total amount of your order (including all taxes and additional costs for packaging and delivery) shall be indicated during the check out process when you submit your order.
4. Payment Conditions
The payment date of the purchase price of your ordered goods shall be when the Company notifies you of its authorization of your purchase application. The payment can be made by credit card only (you will be required to input the details of your credit card information on the Website when you make your purchase application). The Company shall complete the transaction when it notifies you of its authorization. With the exception of offset amounts when the Company makes a formal objection or when it is subject to a final judgment unfavorable to the Company which has the effect of excluding further litigation, you cannot offset the amount with the Company’s claim of the price.
5. Delivery and Reservation of Ownership Rights
The goods shall be delivered to the receiving address you provided on the order form through a delivery service designated by the Company. The Company shall notify you of the contact information of the delivery service upon authorizing your order. On the Website or upon authorizing your order, the Company shall exercise reasonable efforts so that the relevant products are delivered to you within the estimated period. The Company shall devote all efforts for the timely delivery of the relevant product but it cannot and shall not make any guarantee in relation to such delivery. The ownership of the relevant product shall remain with the Company until the entire amount of the product has been collected by the Company. Only when it collects the full amount of the relevant product and it is delivered to you through its delivery service will you become the owner of the relevant product. The Company shall request the payment of the full payment amount prior to the dispatch of the product through its delivery service. All products purchased on the Website shall be delivered in accordance to the agreement the Company concluded with its delivery service. This signifies that the risk of loss and ownership of the relevant product shall be immediately transferred to you upon the moment of dispatch through the Company’s delivery service.
6. Right to Cancel Your Purchase Agreement
You retain the right to return, without due reason, the products you purchased within fourteen business days after your collection of the ordered goods. Provided, however, you can only exercise such rights in the following cases: 1) The relevant goods are returned in their original condition 2) You returned the relevant goods within fourteen business days after the collection of the product or 3) If you notified Swarovski Korea Ltd. (address: 10,11,12,13F Baekyoung Bldg, 456 Dosan-daero, Gangnam-gu, Seoul, 06062, email: email@example.com
) within fourteen business days after collecting the products you are in the process of returning (you must immediately return the relevant goods in their original condition within fourteen business days after you notified the Company). In the event you exercise your right to return the products as the above, the Company, upon collecting the products from you, shall reimburse the amount of your order for the returned goods for which you paid the Company You may also return the products in accordance to your rights in regards to the Company’s warranty and products provided to you that cannot be excluded under related laws. You may receive additional information and support regarding your return of a relative product by selecting “Customer Service – Returns” on the Website menu. The Company shall, after reception of the returned goods, return to you the payment you made to the Company. The Company shall reimburse the payment made only when the relevant goods have been received from you. Therefore, you must exercise all reasonable caution until the relevant goods have been returned.
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 KRW 100) will be removed if the returned product(s) brings the total order value below KRW 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.
For items which come in a single box (“normal set”), if you wish to return any of the items within the normal set, you will have to return all the items that were part of the normal set. Swarovski will not accept returns of individual items within the normal set and will only accept returns of the entire normal set.
For bundle-promotional sets, where you enjoy a promotion or discount as a result of purchasing one or more items (e.g. buy 3 items and get 10% off each item or where savings for each product are stated), you can return any of the items purchased separately. However, in case you choose to return any items purchased as a bundled set, kindly note that Swarovski will adjust the promotional price by charging you the regular price for the remaining items that you purchased as part of the bundle. Accordingly, Swarovski will deduct from the amount to be refunded to you (i.e. the discounted price paid for the item(s) in the bundle that you have returned) the difference between the regular price and the discounted price of the remaining items in the bundle that you do not return.
The warranty period shall be one year(Watch: two years) since you receive your ordered merchandise. If the goods are found to have any defects during this period, you may cancel your purchase agreement (you will be immediately reimbursed the relative amount for the defected goods you purchased according to the relevant purchase agreement as soon as you return the defected goods) or if the Company can procure the product, you may request an exchange of goods after notifying the Company in reasonable time. To the extent permissible by law, the Company does not provide additional warranty on products you purchased from the Company through the Website.
Responsibilities related to the Product Pursuant to the provisions on “Denial of Warranty and Limits of Responsibility” is applicable when you purchase a product from the Website, the Company’s responsibilities towards you shall be limited. Please refer to the relevant provisions.
9. No Transfer
You may only transfer or cede your rights under the purchase agreement to or be succeeded by a third party only when you acquire the prior written consent of Swarovski Korea Ltd.
10. Governing Laws
Matters not determined by the TOS and its interpretation shall be determined by the laws of the Republic of Korea and commercial practice. Any disputes or claims shall be under the jurisdiction of the Seoul Central District Court. The TOS shall be effective immediately.
Swarovski Korea Ltd.
10,11,12,13F Baekyoung Bldg
456 Dosan-daero, Gangnam-gu, Seoul, 06062, Korea
CEO Oh Nami, Jason Lee
Business registration number: 211-86-96219
11. Export control and sanctions
Swarovski will screen the Customer’s personal data with relevant export control and sanctions lists. Screening will occur with every update of any sanctions list. The Customer hereby certifies that the present Purchase Order and the implementation thereof will not in any way benefit, directly or indirectly, any natural or legal person that is named on any relevant sanctions list, such as the “Consolidated list of persons, groups and entities” subject to EU financial sanctions and U.S. OFAC’s “List of Specially Designated Nationals and Blocked Persons (“SDN”)”.
This Purchase Order only becomes effective, if any export control and sanctions relevant screenings made by Swarovski at the time of dispatch of the ordered goods do not lead to a match. In case of any breach of this clause or any breach of trade law or export control regulations or sanctions, particularly in case that any screenings made by Swarovski lead to a match, this Purchase order will not come into force and Swarovski will neither be obliged to deliver any goods nor any compensation for non-performance will be due. Open orders shall be rescinded immediately. Notwithstanding the aforementioned, Swarovski shall be entitled to stop any delivery of goods, if any export control regulations and trade restrictions so require. Any compensation for non-performance shall be excluded.