CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR MALAYSIA
1. The Swarovski website
This Website is not intended for use by children, especially those under 12 years of age. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before disclosing any personal data 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 Crystal Online AG (Alte Landstrasse 411, CH-8708, Männedorf, Switzerland).
The contractual party and seller of the products to Malaysian customers is:
Swarovski Malaysia Trading Sdn Bhd
Company registration number: 200901004470(847404-D)
If you have any complaints or wish to assert any of your rights in relation to goods purchased on this Website, please contact: Swarovski Malaysia Trading Sdn Bhd by emailing Customer_Service_MY@Swarovski.com.
3. Use of the Website
You agree to use the Website solely for those purposes permitted by these General Terms and Conditions. You are responsible for all equipment and software used to access the Website.
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 General 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 emails 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 websites 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 Swarovski, you are communicating with us electronically. Visits to, orders from or emails sent to the Website are considered electronic communications.
5. Copyright and trademarks
Copyright subsisting in all the materials on the Website, including but not limited to the text, information, graphics, photographs, logos, designs, layout, pricing, products, and services (hereafter referred to as “the Contents”) 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 goods, services or its website.
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[L1] are excluded from these General Terms and Conditions. Where you consider that an item purchased through this Website does not meet your expectations, in addition to any rights you have under applicable law, you may also exercise your rights under Swarovski's return policy, which is provided in section 10.6 below.
Swarovski will provide all content 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 on the Website.
Where the statutory protections under Malaysian consumer protection law apply to the supply of goods or services by Swarovski, then to the extent permitted by law, Swarovski’s liability for breach of such statutory protections is limited to, at its discretion:
- in the case of services, the supply of the relevant services again or the payment of the cost of having the services supplied again; and
- in the case of goods, the repair or replacement of the goods or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or acquiring equivalent goods, provided that if repair or replacement is impossible or disproportionate with other remedies, or Swarovski is unable to repair or replace the goods within a reasonable time without significant inconvenience to you, Swarovski shall reduce the purchase price by an appropriate amount or refund the purchase price (which may be reduced to take into account the use that you have had of the goods).
To the extent permitted by law and, except as provided for by these General Terms and Conditions, Swarovski (and its officers, employees, agents or related corporate bodies) will not be liable 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; or
- your purchase of any goods or services offered by Swarovski for sale on this Website,
except for any loss, damage, cost, or expense which is due to the negligence or willful misconduct of Swarovski, or a breach of applicable statutory consumer protection laws by Swarovski, or which otherwise cannot be excluded by law.
To the extent permitted by law, you hold Swarovski and its affiliates, employees, agents, representatives and its third-party service providers harmless from any and all claims made against and liabilities of Swarovski that arise from a breach of these General Terms and Conditions by you.
Swarovski may suspend, terminate or limit your access to the Website, effective immediately, if, in its reasonable opinion, these General Terms and Conditions have been breached by you.
Swarovski may, at any time, suspend, limit or terminate any service provided on the Website or all access and use of the Website.
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.
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).
10.1 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 to conclude a purchase agreement with Swarovski. 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. Swarovski will notify you when goods are dispatched by sending you an email. These General 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. In the event of an error in the price or description of an item you have ordered, we will inform you accordingly. If you do not wish to proceed with the purchase agreement, you may cancel the same and section 10.6 will apply. Your credit card, e-wallet and/or gift card will not be charged until after Swarovski accepts your order, as explained in Section 10.4 below. 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 General Terms and Conditions and any purchase agreement.
Click & Reserve
We may give you the option of checking the availability of certain Products and reserving Products in specified Swarovski Stores through the Website (“Click & Reserve”). If the Product is available in the specified Swarovski Store of your choice, it will be reserved for you in the said Swarovski Store for two (2) business days from our notification to you. You can purchase the Product in the applicable Swarovski Store during its opening hours. Prices in the Swarovski Stores may vary from the Prices displayed on the Website. If the Product is not collected within the stipulated time frame, we will assume that it is unwanted and the Product will be released for sale to the public.
Click & Collect
We may give you the option of purchasing a Product online and picking it up on the same business day from a designated Swarovski Store of your choice (if it is available in that store) or after several business days (“Click & Collect”). If the order is not collected within seven (7) business days of Us sending you a confirmation email that the Product is available for collection, we will assume that it is unwanted, cancel the order and section 10.6. will apply. When you are collecting Products, you have purchased via “Click & Collect”, you may be required to bring to the Swarovski Store the original photographic proof of your identity (such as a passport or identity card) together with your payment card used to place the order (if applicable).
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 the 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; Click & Collect. 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.
10.2 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 available 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 Swarovski will immediately inform you by email and will immediately refund any fees or charges already paid by you for the goods.
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 a customer is in violation of these General Terms and Conditions, or if a customer is engaging in fraudulent or other criminal activities.
10.3 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.
10.4 Terms of payment
The purchase price for all goods ordered is due and payable when Swarovski notifies you that your order has been accepted. Payment may only be made by credit card, e-wallet and/or gift card. Swarovski will only process the transaction once you have been notified of your accepted order.
You may not make any set-off claims against our 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 the company.
An invoice will also be sent with your package.
10.5 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. You will be advised of the contact details of the delivery service when your order is accepted.
Swarovski makes reasonable efforts to ensure that orders are delivered within the estimated time frame specified on the Website or such other timeframe as notified to you when your order is accepted. However, Swarovski makes no guarantees in relation to estimated delivery times.
You agree that the products ordered and sent to you remain Swarovski's property until full payment has been received by Swarovski. 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. This means that the risk of loss and title for the goods passes to you upon the delivery of the goods by Swarovski to the delivery service. Swarovski is not responsible for the risk of loss of goods during their delivery to you by the delivery service, unless otherwise advised.
10.6 Right to cancel the purchase agreement
Your rights specified in this section 10.6 are in addition to your rights as a consumer under applicable law.
Items purchased from the Website (with the exception of gift cards) may be returned within 14 days after the date of their receipt by you. To take advantage of this return policy you must either:
- return the items in their original condition by mailing them back to Swarovski within 14 days of the date of their receipt by you; or
- notify Swarovski by email (Customer_Service_MY@Swarovski.com) (within 14 days of the date goods are received by you of your intent to return your item(s). In this case, items must be sent promptly and in their original condition to:
SWAROVSKI MALAYSIA TRADING SDN BHD (MITSUI OUTLET BRANCH)
KLIA LOT G55, PERSIARAN KOMERSIAL
SEPANG SELANGOR DARUL EHSAN
ATTN : ONLINE RETURN TEAM
within 14 days of notifying Swarovski of your intent to return items.
If you choose to take advantage of this return policy, Swarovski will refund the full cost of your order once the items have been received.
You may also return goods in accordance with any rights you may have as a consumer under applicable law.
You can obtain further information and assistance with respect to the return of goods by choosing Customer Service Returns Policy from the website menu.
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 MYR 300) will be deducted from the refund amount if the returned product(s) brings the total order value below MYR 300. 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.
10.7 Liability in relation to goods
Swarovski’s liability under each purchase agreement is limited in accordance with section 6 of these General Terms and Conditions entitled "Disclaimer and limitation of liability", which also applies to any purchases of goods offered on the Website. Please refer to this section.
10.8 Prohibition of assignment
You may only assign, or transfer your rights under any purchase agreements to a third party with Swarovski Malaysia Trading Sdn Bhd’s prior written consent.
10.9 Applicable law
Any purchase agreement shall be governed by the laws of the Malaysia and all parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
10.10. 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.