CUSTOMER INFORMATION AND GENERAL TERMS & CONDITIONS FOR THE UNITED STATES OF AMERICA (“USA”)
These general terms and conditions and any policies or documents to which a link is provided herein (hereinafter referred to as the “GTCs”) apply to all orders through https://www.swarovski.com/en-US/# (the "Website") mobile websites, and applications owned by and / or operated by or on behalf of Swarovski Canada Limited Swarovski Digital Business USA Inc. (hereinafter referred to as “Swarovski / We / Us / Our”). By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures and other communications that Swarovski provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.
Please read these GTCs carefully before ordering Products (as defined below) from the Website. By ordering Our Products, you indicate that you consent to and shall comply with:
a. These GTCs
This Website may only be used by persons residing in the USA. This Website may not be used by persons in jurisdictions where access to or use of this Website, or any part of it, is illegal or prohibited. If you are accepting these Terms on behalf of a legal entity other than yourself as an individual, including a business or government, you represent and warrant that you have full legal authority to bind that entity to these GTCs.
1.2. Contracting Party, Customer Service, and Warranty Claims
Swarovski Digital Business USA Inc.
One Kenney Drive
Cranston, Rhode Island 02920 USA
Registration number with the Rhode Island Secretary of State: 000667123
Federal Employer Identification Number (Tax number): 45-2251132
All complaints or warranty claims may be sent to this address. Swarovski's customer service department may be contacted using the following contact information:
Phone: + 1-800-426-3088 (Monday – Friday, 9:00 am - 6:00 pm, EST)
Some parts or all the Website or Products may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Products if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
Swarovski only sells Products to adults over the age of 18 through the Website who can purchase its Products using an approved method of payment, which Swarovski, in its sole discretion, may change from time to time. By purchasing a product using the Website, you represent to Swarovski that you are legally an adult and that you are authorized to make the purchase using the payment information you provide. If you are under 18 years of age, then do not use this Website or purchase Products without the consent of your parent or guardian. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Swarovski's Products through your computer. If We have reason to believe that you do not fulfill any of these requirements, We reserve the right to cancel your order.
1.4. Amendment to the GTCs
We reserve the right to make changes to the GTCs at any time and any changes will be effective from the publication of the new GTCs on the Website. You, and any use of this Website or Product purchase, will be subject to the version of the GTCs in force at the time you order Products from the Website.
2. ACCEPTANCE OF PURCHASE ORDERS
By completing the Check-Out process and clicking the “BUY NOW” button, you enter into a binding offer to purchase Products; however, all orders submitted by you are subject to acceptance by Us.
We are free, without liability, to refuse your offer to purchase for any reason in compliance with applicable laws. We may choose to not accept your purchase offer at our discretion, including for the following reasons:
a) non-availability of Product(s);
b) incorrectly priced Product(s);
c) incorrectly described Product(s);
d) if We are unable to obtain authorization of your payment;
e) if We receive a negative credit alert when you pay by your 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; and
h) if We have reason to believe that you are not a consumer but a commercial buyer.
2.2. Registration Process
When you create an account with Us, We may ask you to create and use a password to be able to access your information the next time you wish to purchase a Product. If you register an account with Us, you agree to (1) keep your username and password or any other Credentials always needed to login secure and confidential at all times, and (2) to comply with all security directions and recommendations given by Us. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by Us. We are not responsible for any unauthorized access to your account or any ramifications of that access. You agree to inform Us immediately at firstname.lastname@example.org if you become aware of or suspect any unauthorized use of your password or if your password becomes available to an unauthorized party.
Without prejudice to Our other rights and remedies, We may suspend your access to the Website without liability to you, if in Our reasonable opinion, such action is necessary for safeguarding the Website.
You agree that the content you provide when you register on the Website is not misleading and is true, accurate and complete in all respects and you will notify Our Customer Service via email to email@example.com of any changes to that content.
b) In the event prolonged inactivity causes your connection to the Website to fail, your selection of Products may be lost. In such case, you will be required to re-enter your selection.
2.3. Ordering Steps
As stated above in Section 2.1, all orders are subject to acceptance by Us.
Before you submit your order by clicking on the “BUY NOW” button, you will be given the opportunity to review your selection, check the total price of your order, correct any input errors and choose a payment and delivery method. Item availability, prices and delivery options may vary depending on the delivery destination.
After you have submitted your Product order, you will receive an order confirmation email with your billing and delivery address, order number, details of your chosen Products, final price and shipping mode. This email is solely a confirmation that We have received your order, not a confirmation that we have accepted and will fulfill your order.
We will confirm that we have accepted your order by
(i) sending an email confirming that the Products ordered have been dispatched; or
(ii) in the event you have selected the option “Click & Collect” – where this service is available - (as described in Section 3.4.), sending you an email confirming that the Products have been dispatched to the designated Swarovski Store and can be picked up within seven (7) business days from and including the date of the confirmation email; or
(iii) in the event you have selected the option “Click & Reserve” – where this service is available - (as described in Section 3.2.), sending you an email confirming that the Products have been reserved at the respective Swarovski Store and you visit Us within two (2) business days to purchase the Product in the Swarovski Store.
Note that variations in both the manufacturing processes We use and the display properties of the computer hardware you use to view the Website may affect the colors of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects. We may also make minor changes to the Products to reflect changes in relevant laws and regulatory requirements.
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.
When you are collecting Products you have purchased via “Click & Collect” you are required to bring to the Swarovski Store original photographic proof of your identity (such as a driver’s license) together with your payment card used to place the order (if applicable). Note that the option to collect Products in a Swarovski Store is only available from certain specified Swarovski Stores.
After your order has been submitted, We are not able to change it. If you wish to cancel your order or return the Product for a refund, see Section 7 below and further information on our Returns and Exchanges cancellation page here or contact Our Customer Service via email: firstname.lastname@example.org.
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”).
If you order a Pre-Order Product, you will be charged after your item has shipped. If you use any other payment method, you will be charged immediately upon completing checkout.
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). Note that “Click & Reserve,” and “Click & Collect” shall not apply to orders of Pre-Order Products. Pre-orders can be cancelled if your order status is not processing. You can find more information on canceling a pre-order here.
3.1. General Availability
Products are available if they are in stock. Swarovski reserves the right to limit the number of Products (or the number of a particular SKU) that may be sold to you. The level of stock availability shown will be updated regularly but it does not guarantee that the Product checked will be available when you check out or visit the designated Swarovski Store (if applicable to the option you have chosen). Note that Products in your shopping basket and on your Wishlist are not reserved and may be purchased by other customers and/or removed from your shopping basket. We reserve the right to change the Products offered for sale on the Website at any time without notice (but such changes will not apply to Products in respect of which you have submitted an order).
In the unlikely event the Products you have ordered are not available, We will notify you during the order process and you will be reimbursed via the payment method used to purchase the Product(s).
We are not liable if certain Products are not in stock or are not available.
3.2. 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, it will be reserved for you for two (2) business days from notification to you, in accordance with Section 2.3. You can purchase the Product in the applicable Swarovski Store. Prices in the Swarovski Stores may vary from the Prices displayed on the Website.
3.3. Click & Collect
We may give you the option of purchasing a Product online and collecting it from a designated Swarovski Store (“Click & Collect”). If the order is not collected within seven (7) business days of Us sending you a confirmation email, in accordance with Section 2.3., We will assume that it is unwanted and return the order, in which case Section 7.2. below will apply.
4. PRICES AND ADDITIONAL COSTS
4.1. Prices of Products
Swarovski reserves the right to change prices, terms, specifications, and warranties for products on this Website at any time without prior notice. All prices of Products on the Website are the prices for the Products only. They do not include any applicable taxes, customs, duties, levies, or the charge for delivery (if any).
The total price of your order, including all ancillary and delivery costs, will be shown at the end of the Check-Out process. By confirming the order, you state that you agree to the price for the Products. The price cannot be adjusted after the completion of the Check-Out process.
Swarovski attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Swarovski reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Swarovski will inform you of the error at which time you may cancel or reaffirm your order at your option.
4.3. Changes to Pricing
We may vary the prices of Products listed on the Website at any time and without any notice, but such changes will not apply to Products in respect of which you have submitted an order.
4.4 Swarovski Sale and Promotional Pricing Policy. We will periodically offer limited-time sales, extra savings, or other promotions, which are date-and-time-bound discounts while supply lasts (“Offers”). This policy applies to all Swarovski Offers unless communicated otherwise at the time of the Offer. OFFERS ARE NOT VALID FOR THE PURCHASES MADE IN PAST, BEFORE THE STARTING DATE OF THE OFFER. Offers are only valid on select, in-stock merchandise, while supplies last, at participating Swarovski owned retail stores, including outlets, partner owned retail stores, independent retailers, and www.swarovski.com, as communicated at the time of the Offer. Offers cannot be combined or used in conjunction with any other discount, including employee discount, or used on prior purchases. Offers cannot be redeemed for cash, applied to any credit card balances, used to purchase gift cards, or used towards delivery charges. Your use of any Offer constitutes your acceptance of this policy. No variance from this policy will be allowed except as may be otherwise communicated at the time of the Offer, or where legally required. Swarovski reserves the right to extend, modify, eliminate, or reduce any Offer at any time without prior notice. As certain exclusions apply to all Offers, including products which are not marked with the applicable discount, visit a participating store or www.swarovski.com for complete details of a particular Offer. All purchases are subject to Swarovski’s delivery and returns policies and Swarovski’s standard terms and conditions of sale, which continue to apply. If there is a conflict between this policy and Swarovski’s standard terms and conditions of sale, this policy will take priority to the extent necessary to resolve any conflict.
5. PAYMENT TERMS
5.1. Total Price
The purchase price for the products ordered by you through the Website is due when you submit your order through the Website. The total price for your order will be the purchase price of the Product(s) you have chosen including taxes and any additional costs (i.e. delivery costs etc.).
When Swarovski is required by law to collect applicable taxes relating to your order, you authorize Swarovski to charge the applicable taxes to your selected payment method.
5.2. Payment Methods
If you pay with a credit/debit card, you confirm that the credit/debit card that is being used is yours and is valid, and that all the credit/debit details you provide to Us, including payment information, name, and address details, are complete, correct, and accurate.
You further confirm that the credit/debit card is valid and the inputted 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.
If you would like more information on Klarna click here.
5.3. Debit Occurrence
According to the payment method you have chosen, we may authorize funds immediately after you submit your order or, if you choose the “Click & Collect” option, we may charge you when the products have been dispatched for delivery to the relevant Swarovski Store. Note that if you choose the “Click & Collect” option and your Product is available for same day pick up, you will be charged immediately.
5.4. Payment Conditions
For your security, the billing name and address must match the credit card or other method used for payment. Any PayPal or Klarna account used must be in the name shown on your government issued identification document. We reserve the right to cancel any order that does not comply with this or with our other security criteria.
We only accept payment in the form of USA currency.
6. DELIVERY AND RESERVATION OF TITLE
Your Product(s) will be delivered to the delivery address you provide by Our contracted delivery service. We will endeavor to dispatch your order in accordance with the estimated delivery times set out at Shipping Terms and Conditions or as otherwise specified in the Check-Out process as you submit your order.
The Products ordered will be delivered to the delivery address you provide by Our contracted delivery service. Ensure that you provide a valid and correct shipping address. We cannot be held responsible if that delivery address is incorrect or incomplete.
Changes to the shipping address are not permitted once your order has been placed.
If Our supply of the Products 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 minimize 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 products from Our Swarovski Stores, you can collect them from Us at any time during the opening hours of the relevant Swarovski Stores. Use Our Swarovski Store finder page at Swarovski Store Finder - Find a Store Near You for information on locations and opening hours.
Note that We do not deliver to hotels or PO boxes or APO/FPO addresses.
We do not ship orders or schedule deliveries on public holidays therefore deliveries may take longer than expected during these periods.
Upon receipt the shipment must be checked for accuracy and completeness.
We will make efforts to deliver the Products at a specific time if you have requested this, but generally cannot make binding promises to do so.
6.2. Reservation of Title
Until the purchase price is paid in its entirety, the Products remain Our property. If you choose the “Click & Collect” option, title in the Products will pass to you at the date and time of collection of such Products in the designated Swarovski Store following receipt of payment.
With receipt of the Product all risk of damage to, or loss of the Product shall pass to you. If you choose the “Click & Collect” option, all risk of damage to, or loss of the Products shall pass to you upon the collection of the Products in the designated Swarovski Store.
7. CANCELLATION AND RETURNS PROCESS
7.1. Cancellation Process
Cancelation of an order may be possible if you contact Us by phone or live chat within thirty (30) minutes of receipt of your order confirmation. Do not send an e-mail or use the contact form if you need to cancel your order as the time taken for us to receive your message will mean that the order is already being processed by our warehouse and cancellation will not be possible.
Our customer relations department is available from Monday to Sunday, from 8am to 1am EST, including holidays.
If cancelation is no longer possible, unwanted items can be returned in compliance with Our returns policy as described in Section 7.2. Alternatively, the parcel can also be refused upon arrival and our delivery partner will return the parcel to Our warehouse, with no extra charges to you. As soon as the Product reaches our warehouse, you will receive a return confirmation email and a full refund on the same payment method used to place the order.
7.2. Returns Process
You may return your online order up to 14 days after receipt (except for Gift Cards and Swarovski Masks if unpacked, due to hygienic reasons). To return your order follow the steps found on Our “Returns and Exchange” page, found here.
If you choose to return your Products, We shall reimburse to you all payments received from you, excluding shipping costs, if any. 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. 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.
Allow approximately fourteen (14) business days for Us to complete the returns process. Once your online return has been processed, you will receive a return confirmation email and the refund will be processed. Refunds can take up to ten (10) business days to show on your account. You can track your return parcel with the link provided by the return carrier.
Vouchers and customized Products generally cannot be replaced or returned. It is not currently possible to return Products purchased in Swarovski Stores through the Website.
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. Additionally, 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 USD$100.00) will be removed if the returned product(s) brings the total order value below USD$100.00 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, 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. LIMITED WARRANTY
For Swarovski in the US, we offer a one-year warranty for Jewelry and Accessories and a two year warranty for all other products. ANY WARRANTY IMPLIED BY STATE LAW ON THIS PRODUCT IS ALSO LIMITED IN DURATION TO THE LENGTH OF THIS EXPRESS WARRANTY. Some states, including New Jersey, do not allow limitations on how long an implied warranty lasts. Accordingly, if you live in these states, the above limitation on implied warranties does not apply to you.
Our warranty policy can be found here.
Swarovski's customer service department may be contacted seven days a week, between 8:00 am and 1:00 am EST at the following telephone numbers:
Phone: + 1-800-426-3088
For After Sale Services contact: email@example.com.
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. The rights of the consumers based on the consumer protection laws and product liability regulations in force are not affected by these GTCs.
IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, SWAROVSKI SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 3) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. AS SOME STATES OR JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME DAMAGES, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THIS AGREEMENT DEPENDING ON WHERE YOU ARE LOCATED. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, SWAROVSKI SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY YOU, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT(S).
Notwithstanding any language in this Section 9 to the contrary, Swarovski agrees that the limitation on liability for actions under or related to this Agreement will not apply to claims brought by New Jersey consumers for damages caused by Swarovski’s intentional, reckless or grossly negligent conduct.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND SWAROVSKI MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
You and Swarovski agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of these GTCs, your use of the Website, or to any products or services sold or distributed by Us or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Swarovski Digital Business USA Inc., Attn: Swarovski General Counsel, One Kenney Drive Cranston, Rhode Island 02920 USA . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the U.S. You or Swarovski may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Swarovski subject to the arbitrator's discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Swarovski customers, but is bound by rulings in prior arbitrations involving the same Swarovski customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.
The seat of arbitration shall be Providence, Rhode Island. The applicable law in such arbitration shall be that of Rhode Island.
The language of the arbitration shall be English.
10.2 Prohibition of Class, Representative, or Consolidated Actions
You and Swarovski agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Swarovski agree otherwise, the arbitrator may not join more than one party's claims and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Swarovski customers.
If for any reason a claim proceeds in court rather than in arbitration both you and Swarovski each waive any right to a jury trial. You and Swarovski also both agree that you or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to defend, indemnify and hold harmless The Swarovski Group, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website or Products; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of your Content or Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services. This defense and indemnification obligation will survive this Agreement and your use of the Website or Services.
11. DATA PROTECTION
Additionally, where you use PayPal or Klarna or other allowed payment methods as a payment method, your personal data will be handled in accordance with the PayPal, Klarna or other payment provider’s privacy policies (refer to Section 5).
12. OTHER IMPORTANT TERMS
12.1. We may transfer this agreement to someone else.
We may transfer Our rights and obligations under these GTCs to another Swarovski legal entity or third party with whom We have a legal relationship with. We will always ensure that the transfer will not affect your rights under these GTCs.
12.2. 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.
12.3. 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. These GTCs contain the entire agreement between you and Us and supersedes all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
12.4. If a court finds part of these GTCs illegal, the rest will continue in force.
Each of the Sections of these GTCs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
12.5. 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.
12.6. These GTCs may change.
We reserve the right to make changes to the Website and these GTCs at any time by updating this posting. By using the Website, you agree to be bound by the GTCs in effect at the time of your use or purchase. You may not modify, supplement, delete, or amend these GTCs in any manner without the express written agreement of Swarovski.
12.7. Excusable non-performance by Us.
If the performance of any of these GTCs or any obligation hereunder by Swarovski is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; (vii) epidemics; pandemics; communicable disease emergencies; or (viii) any other cause beyond its reasonable control, to the extent permitted by applicable law, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The Section headings used in these GTCs are for convenience only and do not form a part of these GTCs and no construction or inference shall be derived from them.
12.9. 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 Website, including but not limited to text, typefaces, names, product designs, logos, images, graphics, videos music, sounds, artworks, data, software, photographs, and other material (hereafter referred to as “Content”). All content is copyrighted as a collective work under the U.S. copyright laws and Swarovski owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such content. Nothing contained on the Website should be construed as granting any license or right to use any Content displayed on the Website. Except as expressly authorized or licensed, you may not copy, modify, from or in any way exploit any of the content, in whole or in part.
You may freely browse the Content on the Website, but you are only permitted to download, view, or use such Content from the Website for your own personal, non-commercial use given that the Content and all copyright or other proprietary notices are kept intact. Additionally, we ask you to add following notice on such reproductions: © Swarovski. All rights reserved.
Besides above permission, you may not modify, adapt, reproduce, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works or change the Website or its Content nor incorporate the Website or its content into any other website, online platform or similar. Any commercial use is forbidden without prior written permission from Swarovski.
12.10. Applicable Law and Venue.
By using this Website, you agree that the laws of the state of Rhode Island shall govern these GTCs without giving effect to any conflict of laws principles. Swarovski reserves the right to make changes to the Website and these GTCs at any time by updating this posting. By using the Website, you agree to be bound by the GTCs in effect at the time of your use or purchase.
12.11 Notice to New Jersey Residents
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. These GTCs are not intended to vary, diminish, or alter your rights under New Jersey law as they relate to limitations of liability or exculpation, dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties, contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these GTCs and New Jersey law, New Jersey law will govern.
12.12. 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 also certify that your purchase 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 OFAC’s List of Specially Designated Nationals and Blocked Persons (“SDN”) list. If your order of Products violates this clause or any trade law or export control regulations or sanctions, Swarovski will not be obliged to deliver any Products nor will any compensation for non-performance be due. Open orders shall be rescinded immediately. Any compensation for non-performance shall be excluded.
Last revised October 2021
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