CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR AUSTRALIA
1. The Swarovski website
Swarovski reserves the right to make changes to these General Terms and Conditions. The goods and prices on the Website are also subject to change. Customers should revisit this area of the Website immediately before placing an order. Any changes will only be effective once they are published on this 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 information 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 Australian customers is:
Swarovski Australia Pty Ltd
1/4D Huntley Street
ALEXANDRIA NSW 2015
If you have any complaints or wish to assert any of your rights in relation to goods purchased on this Website, please contact: Swarovski Australia Pty Ltd (1/4D Huntley Street, Alexandria NSW 2015, Australia), by emailing email@example.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 email or any other duplicative or unsolicited messages (for commercial use or otherwise);
• attempt to gain unauthorised 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 unauthorised 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 sites 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.
Unless Swarovski is otherwise advised by you, the user, registering your contact details automatically gives your consent to being contacted directly by us by phone or email (or by other electronic messaging means).
Please be aware that your information (including your contact information) is required to enable us to complete your purchase of Swarovski goods. By registering with Swarovski, or by placing an order using this Website, you are expressly consenting to such use of your data. Neither registration nor orders can be completed without this consent.
If you object, those parts of the Website that do not require registration will be available for your use. If you decide to register at a later date, you may view and modify your data anytime by selecting Profile from the website menu. Please see Appendix 1 for further information about our privacy practices.
5. Copyright and trademarks
Copyright in the Website and the contents included on the Website 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
• commercialise 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 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 the consumer guarantees in the Australian Consumer 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 endeavours 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 consumer guarantees under the Australian Consumer 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 a consumer guarantee 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.
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 wilful misconduct of Swarovski, or a breach of statutory consumer guarantees 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. The 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. Your credit 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.
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 able 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 it 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 customer is in violation of these Terms and Conditions, or if 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 (by entering your credit card details on the Website). 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.
Prepayment: For special orders (e.g. high order amount, Limited Editions) Swarovski offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.
Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.
In case the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Swarovski has the right to cancel your order.
An invoice will also be sent with your package. Prepayment is not available for Electronic Gift Cards.
Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Swarovski Crystal Online AG on behalf of Swarovski Australia Pty Ltd or, depending on the type of payment method used for the purchase of the goods and/or services, another payment processing service.
Your credit card transactions will be processed domestically but in exceptional cases may be processed by a European Acquirer. In such circumstances, these terms are an agreement between you and Swarovski Crystal Online AG. For any other type of purchases, these terms are an agreement between you and Swarovski Australia Pty Ltd directly.
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 this 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 under the consumer guarantees in the Australian Consumer Law.
Items purchased from the Website (with the exception of gift cards, used pierced earrings, Active Crystal headphones) may be returned within 30 days after the date of their receipt by you. To take advantage of this return policy you must be either:
• return the items in their original condition by mailing them back to Swarovski within 30 days of the date of their receipt by you; or
• notify Swarovski by email (firstname.lastname@example.org) (within 30 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 Australia Pty Ltd (1/4D Huntley Street, Alexandria NSW 2015, Australia)
within 30 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 under the consumer guarantees in the Australian Consumer 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 AUD 100) will be removed if the returned product(s) brings the total order value below AUD 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.
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 Australia Pty Ltd prior written consent.
10.9 Applicable law
Any purchase agreement shall be governed by the laws of New South Wales and all parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and Australia.
Collecting your personal information
Swarovski may collect personal information about you, including, for example, your contact details (such as name, email address, address, phone number), date of birth, gender and where necessary to effect a purchase, return or similar transaction, your credit card or banking details.
In particular, Swarovski may collect personal information:
• when you contact us with queries or issues;
• when you participate in our promotions or competitions;
• when you fill in questionnaires, surveys or contact forms;
• when your register your details with Swarovski;
• when you submit information through our Website, such as when you set up a user account, retrieve log-in information, join the Swarovski Crystal Society ("SCS") (or similar membership groups), make online orders or purchases or enter into other online transactions; or
• when you use the Website, in which case our system may automatically collect information relating to your visit to that Website, such as your IP address.
If you do not provide Swarovski with all requested personal information, we may be unable to assist you or provide you with our products and/or services, you may not be able to participate in our promotions or competitions or you may be unable to join the SCS (or similar membership groups).
Using your personal information
Our main purposes in collecting information about you are to:
• provide you with our products and/or services (including repairs and returns);
• respond to your queries;
• conduct promotions and competitions;
• conduct market research;
• keep you informed about our activities, products and services;
• allow you to join the SCS and other similar Swarovski-related memberships;
• operate our business efficiently; and
• improve our products and services.
We note that Swarovski may also use aggregated, anonymous data about its customers and/or website users as a group, for Swarovski's business purposes.
Using your personal information for marketing
We may use personal information you have provided to us, including your email address, to provide you with information in relation to new or updated products or services or special offers, promotions or competitions in which you may be interested.
If at any time you do not wish to receive such information from us, you may ask us to remove your name from our list by contacting us using our contact details below. Alternatively, if we send you such information by email, you can use the unsubscribe function in the email to inform us that you do not wish to receive such information from us by email. In either case, please allow 5 business days for your request to be processed.
Disclosing your personal information overseas
In order to deliver products and services to you and to improve our products and services, we may sometimes disclose your personal information to another company within or related to the Swarovski group (including those located in Switzerland, Australia, the US, Liechtenstein and Austria), affiliates and service providers.
Swarovski will not otherwise use or disclose any information about you without your consent, unless:
• the use or disclosure is required or permitted by law;
• we believe it necessary to provide you with products or services which you have requested;
• we believe it necessary to protect the rights, property or personal safety of another person or Swarovski; or
• the assets and operations of Swarovski's business are transferred to a third party.
Access and accuracy
Upon request, we will provide you with access to personal information that Swarovski holds about you, except in the limited circumstances in which it is permitted for us to withhold this information. To request access to your personal information, please contact us using our contact information below.
If at any time you wish to change personal information that is inaccurate, out of date or incomplete, please contact us using our contact information below and we will amend your record.
If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal, auditing or internal risk reasons.
Storage and security of your personal information
Swarovski will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date.
Unfortunately, however, no data transmission over the internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us through our Website and you use our Website at your own risk.
Your personal information is stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal information held by Swarovski.
Swarovski may use overseas facilities to process or back up its information. As a result, we may transfer your personal information to our overseas facilities for storage. However, this does not change any of our commitments to safeguard your privacy.
Usernames and passwords
You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used on our Website. Please notify Swarovski immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.
You are responsible for the security of your user name and password (or other log-in information) and you take responsibility to ensure the confidentiality of this information.
Links to other websites
What to do if you have a problem, question or complaint
Contact person: Customer Relations
Phone number: +61 2 8345 7200
Address: 1/4D Huntley Street, Alexandria, NSW 2015, Australia
In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If we fail to respond to your complaint within 30 days of receiving it in writing or if you are dissatisfied with the response that you receive from us, you may have the right to make a complaint to the Office of the Information Commissioner.