Terms Of Use
Title:These Websites (as defined below) are operated by:
Swarovski Crystal Online AG
Alte Landstrasse 411
8708 Männedorf
Switzerland
Company Registration Number
Handelsregister Zurich, HRB CH-020.3.023.942-2
VAT number in Switzerland
231'288
Legally represented by its Managing Director
Kolja Kiofsky
1. Acceptance
Thank you for visiting the Swarovski Websites. By accessing and browsing the Websites, visitors accept without limitation or qualification these terms of use, together with the documents referred to in them (“Terms of Use”) and all applicable laws set out herein. Please read these Terms of Use carefully.
These Terms of Use apply to all Swarovski websites, mobile websites and applications owned by and / or operated by Swarovski Crystal Online AG and / or any and all other legal entities within the Swarovski Group of Companies (hereinafter referred to as the “Websites"). Swarovski Crystal Online AG and / or any and all other legal entities within the Swarovski Group will be referred to hereinafter as “Swarovski” / We / Us / Our”.
2. Websites Privacy Policy
The Swarovski Privacy Policy sets out the terms on which we process any personal data.
We collect from you, or you provide to Us. By using the Websites, you consent to such processing in accordance with Our Privacy Policy, and you warrant and represent:
a) all personal data you provide to Us is complete and accurate in all material respects; and
b) where you are providing Us with the personal data of third parties, you have obtained clear, unambiguous consent from the relevant third parties to provide Us with such personal data.
3. Our right to make changes
We may amend these Terms of Use from time to time. Every time you wish to use the Websites, please check these Terms of Use to ensure you understand the terms that apply at that time.
We may also update and change the Websites from time to time. Although We make reasonable efforts to update the information on Our Websites, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Websites is accurate, complete or up to date.
The content on the Websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Websites.
4. Accessing Our Websites
The Websites are made available free of charge. We do not guarantee the Websites, or any content on the Websites, will always be available or be uninterrupted.
Access to the Websites is permitted on a temporary basis. We will not be liable to you if for any reason the Websites are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Websites. You are responsible for ensuring all persons who access the Websites through your internet connection are aware of these Terms of Use, and those persons comply with them.
5. Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect anyone other than you knows your user identification code or password, you must promptly notify Us at customer_service_bnl@swarovski.com
6. Prohibited Activity
You are not permitted to use the Websites other than for the following, private, non-commercial purposes:
a) viewing the Websites;
b) purchasing products displayed on the Websites;
c) transferring to other websites through links provided on the Websites; and
d) making use of other services that may be provided on the Websites.
The use of automated systems or software to extract data from the Websites for commercial purposes, (‘scraping’) is prohibited.
You may not use the Websites:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) for the purpose of harming or attempting to harm minors in any way;
d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content Standards (see paragraph 7 below);
e) to send, transmit, knowingly receive, upload, download, use or re-use any data, information, material or any other content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
f) for any commercial purpose which has not been approved by Us in advance;
g) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.
You also agree not to access without authority, interfere with, damage or disrupt:
a) any part of the Websites;
b) any equipment or network on which the Websites are stored;
c) any software used in the provision of the Websites; and/or
d) any equipment or network or software owned or used by any third party.
If We have been injured by your violation, We may, in Our sole discretion, seek to recover damages.
7. Uploading content to Our Websites
Whenever you make use of a feature which allows you to upload content to the Websites, generate your own content or to interact with other users of the Websites, you must comply with the content standards set out below (“Content Standards”):
a) all of your contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in any country from which they are posted;
b) you must own and/or have all necessary rights, licences, and authorisation for all of your contributions;
c) none of your contributions shall:
i. contain any material which is defamatory, obscene, offensive, hateful, inflammatory or otherwise objectionable (including, without limitation, which may defame or libel the Swarovski Group, its employees or other individuals);
ii. promote sexually explicit material, violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or promote any illegal activity;
iii. infringe any copyright, database right or trademark of any other person;
iv. be likely to deceive any person;
v. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
vi. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
vii. be likely to harass, upset, embarrass, alarm or annoy any other person;
viii. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
ix. give the impression the contribution emanates from Us, if this is not the case; and/or
x. advocate, promote or assist any unlawful act.
You must comply with the spirit and the letter of the above Content Standards. These Content Standards apply to each part of any contribution as well as to its whole. You warrant and represent any contribution made by you will comply with these Content Standards, and you will be liable to Us and indemnify Us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of that warranty.
Any content you upload to the Websites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Us and other users of the Websites a license to use, store and copy that content and to distribute and make it available to third parties as described in paragraph 9.
We have the right to remove any posting you make on the Websites if, in Our opinion, your post does not comply with the Content Standards We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Websites constitutes a violation of their intellectual property rights, or of their right to privacy. You are solely responsible for securing and backing up your content.
8. Feedback and unsolicited information
If you want to provide feedback to the Websites, please use customer_service_bnl@swarovski.com. Please note that any feedback provided must comply with the Content Standards, and will not be treated confidential.
You are required to grant Us a limited licence to use that feedback, as described in paragraph 9. We are under no obligation to use the feedback submitted or to send any confirmation or feedback that a submission is successful.
Unless specifically requested, We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material, such as designs, photographs, drawings, or original artwork, from you through the Websites, by email, or in any other way. We do this especially in order to avoid any potential misunderstandings or disputes around Swarovski products, promotions or marketing/communication strategies or campaigns.
If you do send Us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite the above explicit request not to do so, you hereby:
a) acknowledge and agree your Submissions are not confidential (despite what your correspondence may state) and We shall not be liable for any use or disclosure of any Submissions;
b) acknowledge and agree you are required to grant Us, and other third parties, a licence to use each of your Submissions without any compensation to you, as described in paragraph 9;
c) warrant and represent each and every Submission complies with the Content Standards;
d) warrant and represent you own, and/or have all necessary rights, licences, and authorisation to use, each and every Submission, and that Swarovski's use of any of the Submissions will not infringe any third parties’ rights, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
e) acknowledge and agree We have the right to disclose your identity to any third party who claims that any Submission breaches their rights, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
f) acknowledge and agree We are under no obligation to use any Submissions. However, to the extent We decide to do so, you hereby warrant, represent and agree We may use each and every Submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim, to the extent permitted by applicable law, that any use of such Submission violates any of your rights, including, without limitation, copyright, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas; and
g) you acknowledge and agree We have wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to Us or being developed by Our own employees. Many may be competitive with, similar or identical to your Submission in structure, design, purpose, format or other respects. You further acknowledge and agree that you will not be entitled to any compensation as a result of Our use of any such similar or identical material.
You will be liable to Us and indemnify Us for any breach of the warranties in this paragraph 8. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.
9. Rights you License
When you upload content onto, or otherwise contribute to, the Websites, and/or send Us feedback and/or Submissions (together “Your Materials”), you grant Us and (as applicable) other users of the Websites and third parties, a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit, issue or communicate to the public and otherwise use Your Materials in any and all media, now known or hereafter devised, throughout the universe, in perpetuity (or the maximum period as may be permitted under applicable law), without according you any compensation or credit.
10. Our Intellectual Property Rights
The Swarovski Group, or the applicable third-party owner retains all rights, title and interest (including copyright, design, trademarks, patents or other intellectual property rights) in all materials used on this Websites, including but not limited to text, names, product designs, logos, images, graphics, videos and other artworks (hereafter referred to as “Content”). Nothing contained on the Websites should be construed as granting any license or right to use any Content displayed on the Websites.
You may freely browse the Content on the Websites but you are only permitted to download, view or use such Content from the Websites for your own personal, non-commercial use if the Content and all copyright or other proprietary notices are kept intact. Additionally, We ask you to add the following notice on such reproductions: © Swarovski. All rights reserved.
Besides the above permission, you may not modify, adapt, reproduce or change the Websites or its Content nor incorporate the Websites or its content into any other website, online platform or similar. Any commercial use is forbidden without prior written permission from Swarovski.
SWAROVSKI and the SWAN logo are, among others, registered trademarks of Swarovski AG. The Swarovski Group monitors the use of its trademarks and will take adequate measures to enforce against any form of intellectual property infringements.
11. Links to other websites
The Websites may contain links to other third-party websites or resources (hereinafter referred to as “Linked Websites”). Linked Websites may be provided for the interest or convenience of you only and We have no control over the content of Linked Websites nor do We accept any liability for the content, goods or services, accuracy, availability or function of these Linked Websites.
We do not accept any liability for advertising or the use that such linked Websites make of your personal information.
Furthermore, We do not accept any liability deriving from any offence, damage or loss, breach or omission caused by or connected to the use or reliance on such Linked Websites or the content thereof.
The links to the Linked Websites are provided in good faith and do not imply endorsement by Us. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of the Linked Websites you visit.
12. Linking to the Websites
You may link to the home page of the Websites, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link to the Websites in any website that is not owned by you. The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Content Standards.
13. Liability
Nothing in these Terms of Use excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under applicable law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in Our General Terms & Conditions. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Websites or endorse any opinions expressed on the Websites. You understand that by accessing the Websites, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
To the extent permitted by law, We shall not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Websites, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Websites.
We only provide Our Websites for domestic and private use. You agree not to use the Websites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Minors
The use of Our Websites by a minor, aged 18 or under, is strictly subject to the consent of their parent or guardian. We advise parents who permit their children to use the Websites that it is important they communicate with their children about their safety online. Minors who use the Websites should be aware of the potential risks to them.
15. Consequences
If We suspect, become aware, or have reason to believe that you have violated any of the provisions contained in these Terms of Use, We may (without prejudice to our other rights and remedies) immediately take such action as We deem appropriate, including:
a) immediate, temporary or permanent withdrawal of your right to use the Websites;
b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Websites;
c) issuing a warning to you; and/or
d) disclosure of such information to any law enforcement authorities as We reasonably feel is necessary.
16. Cookies
Swarovski uses tracking technology (cookies), which help make the Websites more user-friendly, efficient, and secure. Cookies are small text files that are stored on your PC and used by your browser. Most of the cookies Swarovski uses are session cookies, which are deleted automatically at the end of your visit. Cookies will not harm your PC and do not contain any viruses. Nevertheless, if you do not want to use cookies, this will not prevent you from accessing the Websites in any way. Your browser can be configured so that cookies can be accepted with your permission or completely blocked.
For more information please see our Privacy Policy.
17. Law and Jurisdiction
The Swiss courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Websites although We retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland.
18. Other important terms
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
These Terms of Use are between you and Us. No other person shall have any rights to enforce any of its terms.
If We do not insist immediately that you do anything you are required to do under these.
Terms of Use, or if We delay in taking steps against you in respect of your breaking these.
Terms of Use, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date.
19. Contacting Us
If you have any questions or concerns about these Terms of Use, please email Us at customer_service_bnl@swarovski.com
Updated on 21st August 2019
Copyright © 2019 Swarovski. All rights reserved.
SWAROVSKI and the SWAN logo are registered trademarks of Swarovski AG.