TERMS & CONDITIONS

CUSTOMER INFORMATION AND GENERAL TERMS AND CONDITIONS FOR DISTANT SALE IN THE NETHERLANDS VIA PAY BY LINK


General

1.1. Applicability

These general terms and conditions of distant sale in the Netherlands via Pay by Link and any policies or documents to which a link is provided herein (hereinafter referred to as “GTCs”) apply to all purchases by consumers via Pay by Link in the Netherlands by Swarovski Netherlands B.V. Swarovski Netherlands B.V. and/or any and all other legal entities within the Swarovski Group of Companies will be referred to hereinafter as “Swarovski”/“We”/“Us”/“Our”.

Please read these GTCs carefully before ordering Swarovski Product(s). By purchasing Our Product(s) via Pay by Link, you indicate that you consent to, and shall comply with:

a. these GTCs; and

b. Our Privacy Policy[ZG1] 

and you confirm that you are competent to enter into legally-binding contracts and are at least 18 years old. If We have reason to believe that you do not fulfill any requirements mentioned herein, We reserve the right to reject your purchase.

1.2. Contracting Party

The seller of Swarovski Products via Pay by Link in the Netherlands is:

Swarovski Netherlands B.V.

Dam 6

NL-1012 NP Amsterdam

The Netherlands

Company Registration Number: Chamber of Commerce Amsterdam number D 412/370-39940

VAT number in the Netherlands: NL003268251B01


In the unlikely event that you have any complaints about any Product(s) purchased via Pay by Link from the Store(s) in the Netherlands or in case you wish to assert statutory warranty claims you can contact Us in Our Store(s) in the Netherlands, at the above address or you can reach Our Customer Service via email at: Customer_Service_BNL@Swarovski.com.


1.3. Amendment to the GTCs

We reserve the right to make changes to the GTCs at any time. These will be effective from the publication of the new GTCs on Our website Swarovski Official | Jewellery, Watches and Crystal Decorations[ZG2] . You, and any contract of sale with Us, will be subject to the version of the GTCs in force at the time you order or purchase Products via Pay by Link.

2. ACCEPTANCE OF PURCHASE ORDERS

2.1. Invitation

Please note, that all Products offered to purchase via Pay by Link or in the Store(s) in the Netherlands operated by Swarovski Netherlands B.V. (hereinafter referred to as the “Store(s)”) are an invitation to buy only and are not an offer or unilateral contract of sale from Our side.


We are free to not accept your offer to purchase in Our discretion for any reason whatsoever without liability and in compliance with applicable laws.


Examples of when We may not accept your offer to purchase include, but are not limited to:


a) non-availability of Product(s);


b) incorrectly priced Product(s);


c) incorrectly described Product(s);


d) if We are unable to obtain authorisation of your payment;


e) if We receive a negative credit report when you pay by credit card;


f) if there is reason to believe that you are in breach of the GTCs;


g) if there is reason to believe that you are involved in fraudulent or criminal activities of any kind;


h) if We have reason to believe that you are not a consumer but a commercial buyer.
 

If We are unable to accept your offer to purchase, We will inform you of this and will not charge you for the Product(s).

Unfortunately, We do not accept orders from or deliver to addresses outside of the Netherlands.



2.2. Ordering Steps (when ordering per phone)


There is no binding contract of sale formed until We have accepted your offer to purchase as indicated below in Section 2.2. lit. d).

Steps until acceptance of your order:

a)  Item availability, prices and delivery options may vary depending on the delivery destination.

b) Variations in both, the manufacturing processes We use and the display properties of the computer hardware you use to view the selection of Product(s) we may send you, may affect the colours of the Product(s) and the appearance of the Product(s) delivered to you in minor respects. We may also make minor changes to the Product(s) to reflect changes in relevant laws and regulatory requirements.

c)  We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing a freight forwarding service. In the event that We do accept any order and We subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing a freight forwarding service, We shall be entitled to cancel such order upon notice to you by email or telephone.

d) After your binding offer to purchase has been submitted to Us via phone, you will receive an email together with a link for payment. Once you have paid, you will receive an order confirmation email with your billing and delivery address, details of your chosen Products, final price and shipping mode. This email is an acceptance of your offer/order and a confirmation that We have received your order.

When you are collecting Product(s) you have purchased via Pay by Link in Our Store(s)“, you may be required to bring to the retail Store original photographic proof of your identity (such as a passport or identity card) together with your payment card used to place the order.

If you change your mind once you have purchased the Product(s), please see section 7 for your rights to return the Product(s) and receive a refund.


3. AVAILABILITY


3.1. General Availability


Products are available as far as they are in stock. The level of stock availability may be provided to you by the respective Store you call and will be updated regularly. It does not guarantee that the Product(s) checked will be available when you visit the designated Swarovski Store(s).


We reserve the right to change the Product(s) offered for sale in Our Store(s) at any time without notice (but such changes will not apply to Product(s) in respect of which you have submitted a binding offer to purchase). We also reserve the right to limit the number of Product(s) that may be sold to you.


We are not liable if certain Product(s) are not in stock or are not available.


4. PRICES AND ADDITIONAL COSTS


4.1. Prices of Product(s)


All prices of Product(s) in Our Store(s) are the prices for the Product(s) only. They include any VAT payable but do not include the charge for delivery (if any). We will endeavor to deliver your Product(s) within seven (7) business days.


4.2. Changes to Pricing


We may vary the prices of Product(s) listed in Our Store(s) at any time and without any notice.

However, such changes will not apply to Product(s) in respect of which you have submitted a binding offer to purchase.


5. PAYMENT TERMS

5.1. Total Price

The total price for your order will be the purchase price of the Product(s) you have chosen including VAT and any additional costs (i.e. delivery costs etc.).

5.2. Payment Methods

If you choose Pay by Link, payment will be by:


Credit/debit card:

If you pay with a credit/debit card, We reserve the right to validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. By providing such payment data, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please note that this is done only to confirm your identity; a credit check is not performed, and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with all applicable data protection laws and Our Privacy Policy[ZG3] .

You confirm that the credit/debit card 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 payment details are correct. If the institution that issued the credit card 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 as a result of Our processing of your credit/debit card payment in accordance with your order.


5.3. Debit


a) We may pre-authorise funds (together with the relevant delivery charges) immediately upon order on your credit card after you submit your order and charge you for Product(s) purchased when they have been dispatched to you for delivery; or


b) We may charge you immediately for Product(s) (together with the relevant delivery charges).


5.4. Payment Conditions


For your security, the billing name and address must match the credit card or other method used for payment. We reserve the right to cancel any order that does not comply with this or with our other security criteria.


5.5. Consents


Please note, that if you use Pay by Link you indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorised credit protection associations, credit institutions, credit inquiry agencies and third parties contracted by Swarovski.


You further explicitly agree for Our eCommerce fraud prevention provider(s) to use automated decision making. Automated decision-making is the process of making a decision by automated means without any human involvement. These decisions can be based on factual data, as well as on digitally created profiles or inferred data. Your personal data will be processed in accordance with Our Privacy Policy[ZG4] .


6. DELIVERY AND RESERVATION OF TITLE

6.1. Delivery

If you choose, that We deliver your Product(s) to you, you need to inform Us via phone your selected delivery address. We will endeavor to dispatch your order within seven (7) days from date of your order or as otherwise specified in the order confirmation email.

The Product(s) ordered will be delivered to the delivery address you provide by Our contracted delivery service. Please ensure that you provide a valid and correct shipping address.

Please note that changes to the shipping address are not permitted once your order has been placed.

If Our supply of the Product(s) is delayed by an event outside Our control then We will contact you as soon as reasonably possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this, We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to terminate the contract and receive a refund for any Product(s) you have paid for but not received.

If you have asked to collect the Product(s) from Our Swarovski Store(s), you can collect them from Us within seven (7) days at any time during the opening hours of the respective Swarovski Store(s). Please use Our Swarovski Store finder page at Swarovski Store Finder - Find a Store Near You | Swarovski for information on locations and opening hours[ZG5] .


Please note, that We do not deliver to hotels or PO boxes.


Upon receipt the shipment must be checked for accuracy and completeness.


If you so request, We will make efforts to deliver the Product(s) at a specific time, but generally cannot make binding promises to do so.

6.2. Reservation of Title

Until the purchase price is paid in its entirety, the Product(s) remain Our property. If you choose to pick up your Product(s) in one of Our Swarovski Store(s), title in the Product(s) will pass to you at the date and time of collection of such Product(s) in the designated Swarovski Store(s) following receipt of payment.

With receipt of the Product(s) all risk of damage to, or loss of, the Product(s) shall pass to you. If you choose to pick up your Product(s) in one of Our Swarovski Store(s), all risk of damage to, or loss of, the Product(s) shall pass to you upon the collection of the Product(s) in the designated Swarovski Store(s).

Please note that, to the extent permitted by applicable law, any commercial resale or distribution of Our Product(s) sold is strictly prohibited.

7. CANCELLATION RIGHT

7.1. Cancellation Process

As a consumer, you have the right to cancel the contract of sale you have concluded with Us within 14 days from receiving your Product(s) without giving any reason.

Your cancellation right begins on the date you place your order and ends 14 days after the date you receive your order (hereinafter referred to as “Cancellation Deadline”). You must either physically return your Product(s) to one of Our Swarovski Store(s) or send off the Product(s) via post within the Cancellation Deadline.


Please note, it is not possible to return customized Product(s), or pierced jewelry items for hygiene and safety reasons. This does not affect your statutory rights.

Steps for cancellation:

a) Please address the return parcel to the Swarovski Store you have ordered your Product from. For the address you can inquire at:

email: customer_relations.bnl@swarovski.com

To meet the Cancellation Deadline, it is sufficient for you to return your Product(s) to a Swarovski Store within the Cancellation Deadline, or send your information to cancel an order (via email or letter) before the withdrawal period has expired. You may use the model cancellation form, but it is not obligatory.


b) Place the Product(s) in the original shipping box. You have to take best efforts to send the Product(s) back in their original condition with their original packaging.

c) Remove all other labels from the outside of the box.

d) Attach the address mentioned above under lit. a) to the outside of the box and seal the parcel securely.

e) Take the parcel to the nearest post office and post it. Make sure you get a copy of the postal receipt for further reference.

f) If you need help, please email Us at: customer_relations.bnl@swarovski.com and We will assist you.

MODEL CANCELLATION FORM

Please copy and paste the form below, complete the details and return the form either by registered post to the Swarovski Store you purchased the Product(s) or by email: customer_relations.bnl@swarovski.com.


To:

Address of the Swarovski Store you purchased the Product(s) you wish to return.

email: customer_relations.bnl@swarovski.com

I [NAME] hereby give notice that I cancel my contract of sale for the following Product(s):

[SPECIFY PRODUCT(S)]

Ordered on [DATE] and/or received on [DATE]

Name of customer(s):

Address of customer(s):

Signature of customer(s) (only if this form is sent on paper):

Date:

7.2. Effects of cancellation

a) We shall reimburse to you the payments for the Products received from you.

b) We will reimburse in the same means of payment as for the initial transaction; in any event you will not incur any fees as a result of such reimbursement. 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 reimbursed to your Gift Card.

c) Your refund will be made within fourteen (14) business days from the day on which We receive the Product(s) back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Product(s) back to Us.

d) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s) if this has been caused by you handling them in a way which would not be permitted in a Swarovski Store. If We refund you the price paid before We are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.

e) Please retain your postal receipt until you have received your refund.

f) It is not currently possible to return Product(s) purchased in Swarovski Store(s) through the Websites.

g) Please note that if you decide to return only part of an order that has been purchased with a discount/promotion offer applied, the discount/promotion offer will be re-calculated.

h) If you decide to return only part of an order that has been purchased with a discount/promotion 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 EURO 100) will be removed if the returned Product(s) brings the total order value below EURO 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.

For Product(s) 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.



8. WARRANTY

We warrant the Product(s) are of merchantable quality and free from material or workmanship defects, provided they are subject to normal use. No additional guarantee is provided.

The warranty period is two years from receipt of the Product(s).

This warranty does not cover damage to Product(s) caused by accident, misuse and abuse, modification, attempted repair, negligence after purchase, ordinary wear and tear and/or failure to follow the Product’s care advice.

In the unlikely event your Product(s) are found to be defective under this warranty, please contact customer_relations.bnl@swarovski.com or visit your nearest Swarovski Store. You will be asked for proof of purchase (e.g. your purchase or gift receipt), so please ensure you retain this. You will have the option of receiving a replacement Product, if available, or a full refund.

For After Sale Services, please contact: customer_relations.bnl@swarovski.com.

9. LIABILITY

Nothing in these GTCs shall have the effect of excluding or limiting in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your statutory rights in relation to the Product(s).

We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these GTCs, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking these GTCs or Our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen (for example, if you discussed it with Us during the sales process).

We are not liable for business losses. We only supply the Products for domestic and private use.

10. DATA PROTECTION

Your personal data will be processed in accordance with applicable law and Our Privacy Policy[ZG6] . Please refer to Our Privacy Policy if you wish to receive more information on the manner in which We use cookies, the type of information We collect, how and for what purpose We use your information, and under what circumstances We disclose information. Our Privacy Policy[ZG7]  (including information on the use of cookies) is incorporated into and forms part of these GTCs.

11. OTHER IMPORTANT TERMS

11. 1. We may transfer this agreement to someone else

We may transfer Our rights and obligations under these GTCs to another organisation. We will ensure that the transfer will not affect your rights under these GTCs.

11.2. You need Our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these GTCs to another person if We agree to this in writing.

1.3. Nobody else has any rights under these GTCs

These GTCs are between you and Us. No other person shall have any rights to enforce any of its terms.

11.4. If a court finds part of these GTCs illegal, the rest will continue in force

Each of the paragraphs of these GTCs 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.

11.5. Even if We delay in enforcing these GTCs, We can still enforce Our rights later

If We do not insist immediately that you do anything you are required to do under these GTCs, or if We delay in taking steps against you in respect of your breaking these GTCs, 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.

11.6. Which laws apply to these GTCs and where you may bring legal proceedings

These GTCs are governed by the laws of the Netherlands and you can bring legal proceedings in respect of the Products in the competent courts of Amsterdam.

11.7. Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how We have handled any complaint, you may want to contact the alternative dispute resolution provider of the European Commission via their website at http://ec.europa.eu/consumers/odr/. The alternative dispute resolution provider will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.


11.8. Export control and sanctions

Swarovski will screen your personal data with relevant export control and sanctions lists. Screening will occur with every update of any sanctions list. You hereby certify 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 contract of sale 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 contract of sale will not come into force and Swarovski will neither be obliged to deliver any Goods nor will any compensation for non-performance be due. Open contracts of sale 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.

Last revised on June 2021

Copyright © 2021 Swarovski. All rights reserved.

SWAROVSKI and the SWAN logo are registered trademarks of Swarovski AG.