Terms and Conditions Distance Sales Offline
TERMS & CONDITIONS
CUSTOMER INFORMATION AND GENERAL TERMS AND CONDITIONS FOR DISTANT SALE IN THE UNITED STATES OF AMERICA (“USA”) VIA PAY BY LINK
These general terms and conditions of distant sale in the USA 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 USA. By your use of Pay by Link or purchase of our products (“Products”) through Pay by Link, you agree to these Terms and Conditions. Please read them carefully. By using Pay by Link or purchasing Products through Pay by Link, 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 by Swarovski Retail Ventures Limited 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;
c. To the extent applicable to the purchase of Products through Pay by Link and not in conflict with, or superseded by, these GTCs, the Swarovski Digital Business USA Inc. Customer Information And Terms & Conditions For U.S.A.
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 USA is:
Swarovski Retail Ventures Ltd.
One Kenney Drive
Cranston, Rhode Island 02920 USA
Registration number with the Rhode Island Secretary of State: 000068760
Federal Employer Identification Number (Tax number): 05-0466595
Which is legally represented by Mr. Edward J. Capobianco, Vice President and General Counsel. 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)
In the unlikely event that you have any complaints about any Product(s) purchased via Pay by Link from the store(s) in the USA operated by Swarovski Retail Ventures Ltd. (hereinafter referred to as the “Store(s)”), you can contact Us in the Store from which you made your Pay by Link purchase, any of Our Store(s) in the USA, please use Our Swarovski Store finder page at Swarovski Store Finder - Find a Store Near You | Swarovski for information on locations and opening hours , or via email at the Customer Relations email address listed above.
Swarovski only sells Products to adults through the telephone 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 “Pay By Link”, you represent to Swarovski that you are an adult and that you are authorized to make the purchase using the payment information you provide. If We have reason to believe that you do not fulfill any requirements mentioned herein, We reserve the right to cancel your order.
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 | Jewelry, Watches and Crystal Decorations . 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
Please note, that all Products offered to be purchased via Pay by Link or in the Store(s) in the USA are an invitation to buy only and are not an offer or unilateral contract of sale from Our side. Any orders placed by you from a Store via “Pay By Link” constitute a binding offer by you to conclude a purchase with Swarovski. The binding purchase agreement comes into existence only when Swarovski accepts your order by sending you an order confirmation email with your delivery address, details of your chosen Products, final price and shipping mode, as indicated below in Section 2.2. d).
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 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;
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 USA.
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. 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 colors 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 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.
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.
3.1. 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 place your order.
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) (or the number of a particular SKU) 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 do not include any taxes payable or the charge for delivery (if any).
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
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. Total Price
The total price for Products ordered via “Pay By Link” is due when you submit your selected payment method and payment information through the “Pay By Link” link. 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 choose Pay by Link, payment will be by:
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 Occurrence
a) We may pre-authorize funds (together with the relevant taxes and delivery charges, if you choose delivery) 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 dispatched for delivery to, or reserved at, the relevant Swarovski Store; or
b) We may charge you immediately for Product(s) (together with the relevant taxes and delivery charges, if you choose delivery) once you access the Pay by Link link, complete and submit your name, address, and payment details, and your order is confirmed.
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.
Please note, that if you use Pay by Link you indicate that you expressly agree to have your personal information supplied by you checked by inquiries to the officially-authorized credit protection associations, credit institutions, credit inquiry agencies and third parties contracted by Swarovski for the purpose of confirming your identity. A credit check is not performed, and your credit rating will be unaffected.
We only accept payment in the form of USA currency.
6. DELIVERY AND RESERVATION OF TITLE
To ensure proper delivery of 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.
We do not ship orders or schedule deliveries on public holidays therefore deliveries may take longer than expected during these periods.
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 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.
Please note, that We do not deliver to hotels or PO boxes or APO/FPO addresses.
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.
With receipt of the Product(s) all risk of damage to, or loss of, the Product(s) shall pass to you.
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 physically return your Product(s) to any Swarovski Store within the Cancellation Deadline. Please use Our Swarovski Store finder page at Swarovski Store Finder - Find a Store Near You | Swarovski for information on locations and opening hours . You must take reasonable care that the products are not damaged during their return.
For more information on our return process for returns of Product(s) purchased via “Pay By Link”, which must be returned to a Swarovski Store, please contact Swarovski's customer service department. 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
7.2. Effects of cancellation
a) We shall reimburse to you all payments received from you, excluding delivery costs, if any.
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.
d) Where you have paid any duties or taxes directly to the relevant authorities on the Products you wish to return, We shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities.
e) Vouchers and customized Products can generally not be replaced or returned.
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 US$100.00) will be removed if the returned Product(s) brings the total order value below US$100.00. 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. 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:
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, INCIDENTIAL, 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. 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.
10. DATA PROTECTION
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 organization. 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.
11.3. 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. 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.
11.7. 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.
11.9. Which laws apply to these GTCs and where you may bring legal proceedings
These GTCs are governed by the laws of the state of Rhode Island s without giving effect to any conflict of laws principles. Swarovski reserves the right to make changes to these GTCs at any time by updating this posting. By using the “Pay By Link” service, you agree to be bound by the GTCs in effect at the time of your use or purchase.
11.10. Complete agreement
You may not modify, delete or amend these GTCs in any manner without the express written agreement of Swarovski.
11.11 Notice to New Jersey Residents
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following, or parts of the following, provisions in these Terms of Sale do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: Sections 8, 9, and 11.9. Specifically, nothing in these General Terms and Conditions of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to dispute resolution, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), 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 Terms of Sale and New Jersey law, New Jersey law will govern.
11.12. 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 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.
11.13. California Transparency in Supply Chains Act – Declaration
Swarovski Crystal Business (Swarovski) defines its basic principles to conduct business in a lawful and ethical manner and to support the right of all individuals to be free from slavery in the workplace.
Swarovski has adopted a Supplier Code of Conduct that outlines expectations for its suppliers, contractors, and other subcontractors to be followed in order to conduct business with Swarovski.
Swarovski expects suppliers to fully obey all national laws and regulations applicable in the country and other governmental authorities of any country in which they do business, and to treat the workforce fairly and with respect. The Supplier Code should be adhered by anyone who provides a product or service to Swarovski.
Swarovski may audit its suppliers to monitor compliance with the Supplier Code of Conduct and reserves the right to terminate the business relationship if violations of the law or basic international principles related to labor standards or ethical business practice become apparent.
Last revised in September 2021
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