Customer Information and General Terms & Conditions of Sale for Canada
Title:1. GENERAL
1.1. Applicability 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_GB-CA/ (the "Website") mobile websites and applications owned by and / or operated by or on behalf of Swarovski Canada Limited (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 b. Our Website Terms of Use; and c. Our Privacy Policy. This Website may only be used by persons residing in Canada. 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.
1.1. Applicability 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_GB-CA/ (the "Website") mobile websites and applications owned by and / or operated by or on behalf of Swarovski Canada Limited (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 b. Our Website Terms of Use; and c. Our Privacy Policy. This Website may only be used by persons residing in Canada. 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.
1.2. Contracting Party, Customer Service, and Warranty Claims REGISTERED OFFICE: Swarovski Canada Limited 66 Wellington Street West, Suite 5300 TD Bank Tower Toronto, Ontario M5K 1E6 Canada MAILING ADDRESS: Swarovski Canada Limited 50 Sharpe Drive, Cranston, Rhode Island 02920 USA Ontario Corporation No.: 333218 Canada Revenue Agency Business No.: 105101745 Which is legally represented by Mr. Edward Capobianco, Director and Secretary. All complaints or warranty claims may be sent to this mailing address. Swarovski's customer service department may be contacted using the following contact information: Phone: + 1-833-530-2682 (Monday – Sunday and Holidays, 8:00 am - 1:00 am, EST) Fax: +1-800-870-5660 Email: customer_service_ca@swarovski.com
1.3. Eligibility Swarovski only sells Products to adults 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. 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 requirements mentioned herein, 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 contract of sale between Us, 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
2.1. Invitation Please note, that all Products offered on the Website are an invitation to buy only and are not an offer or unilateral promise from Our side. By completing the Check-Out process and clicking the “BUY NOW” button, you provide a binding offer to conclude a purchase contract, however, all orders submitted by you are subject to acceptance by Us. 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; and
h) if We have reason to believe that you are not a consumer but a commercial buyer.
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
a) When placing an order, you can use the “Guest Check-Out”, or you may register with Us. The difference between the two options is, that when you select the option “Register” you will have your information on file next time you wish to purchase a Product and do not need to enter the information again.
Both options require certain mandatory fields (name, surname, address, email address, phone number) on an order form. When you select the option “Register” 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. Where We do so, it is on the strict condition that you shall be responsible for ensuring that your password is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by Us and inform Us immediately 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 customer_service_ca@swarovski.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. Please 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.
2.3. Ordering Steps There is no binding contract to purchase formed until We have accepted your order as indicated in Section 2.3. g) below. You agree that once you have clicked the “BUY NOW” button, your orders on the Website are binding offers to purchase the Products listed in your shopping basket from Us on the basis of these GTCs (hereinafter “Product” or “Products”). Steps until acceptance of your order:
a) After choosing a Product and placing it into your shopping basket you will be forwarded to the payment and Check-Out page (hereinafter referred to as “Check-Out”). After selecting a payment and delivery method you will be able to activate the “BUY NOW” button at the end of the Check-Out process. By clicking on the “BUY NOW” button, you make a binding offer to conclude a purchase contract.
b) Before you submit your order, 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.
c) Item availability, prices and delivery options may vary depending on the delivery destination.
d) 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.
e) 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.
f) After your binding offer has been submitted to Us, 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 not an acceptance of your offer/order but solely a confirmation that We have received your order.
g) An acceptance of your offer/order and the conclusion of a purchase contract is indicated by:
(i) 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.), We have sent you an email confirming that the Products have been dispatched to the respective 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.), We have sent you an email confirming that the Products have been reserved at the designated Swarovski Store and you visit Us within two (2) business days to purchase the Product in the Swarovski Store; or
(iv) in the event you have been able to select the option “Buy Online & Pick Up In Store” for a Product - where this service is available (as described in Section 3.3.), We have sent you an email confirming that the Products ordered can now be picked up in the designated Swarovski Store within seven (7) business days from and including the date of the confirmation email; or (v) in the event you have been able to select the option “Pay by Link” for a Product: 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 using “Pay by Link”, 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 Products you have purchased via “Click & Collect” or “Buy Online & Pick Up In Store”, you may be required to bring to the Swarovski 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 applicable).
If you change your mind once you have purchased the Product(s), please see Section 7 for your rights to return the Product and receive a refund. Please kindly note, that the option to collect Products in a Swarovski Store is only available in certain countries from specified Swarovski Stores. Please note that after your order has been submitted, We are not able to change your order. In case you wish to cancel your order please see Section 7 for your right to cancel and further information on our Returns and Exchanges cancellation page here or contact Our Customer Service via email: customer_service_ca@swarovski.com.
(i) 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.), We have sent you an email confirming that the Products have been dispatched to the respective 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.), We have sent you an email confirming that the Products have been reserved at the designated Swarovski Store and you visit Us within two (2) business days to purchase the Product in the Swarovski Store; or
(iv) in the event you have been able to select the option “Buy Online & Pick Up In Store” for a Product - where this service is available (as described in Section 3.3.), We have sent you an email confirming that the Products ordered can now be picked up in the designated Swarovski Store within seven (7) business days from and including the date of the confirmation email; or (v) in the event you have been able to select the option “Pay by Link” for a Product: 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 using “Pay by Link”, 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 Products you have purchased via “Click & Collect” or “Buy Online & Pick Up In Store”, you may be required to bring to the Swarovski 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 applicable).
If you change your mind once you have purchased the Product(s), please see Section 7 for your rights to return the Product and receive a refund. Please kindly note, that the option to collect Products in a Swarovski Store is only available in certain countries from specified Swarovski Stores. Please note that after your order has been submitted, We are not able to change your order. In case you wish to cancel your order please see Section 7 for your right to cancel and further information on our Returns and Exchanges cancellation page here or contact Our Customer Service via email: customer_service_ca@swarovski.com.
2.4. Pre-Orders We may invite you from time to time to pre-order selected Products online before they are available from Swarovski stores or websites (“Pre-Order Products”). You agree that if you order a Pre-Order Product, you will be charged in case of use of a credit card after your item has shipped, in case of use of any other payment method you will be charged shortly after you place your order and before your item is dispatched. Kindly note that irrespective of the means of payment, in case you pre-order more than one type of product, you will be charged shortly after you place your order and before your item is dispatched. Notwithstanding the foregoing, your payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken. Pre-Order Products will be shipped within the period as stated on the product page (in most instances this will be at latest between 6-8 weeks from the date the order is placed). Please note that the following options offered on the Website shall not apply to orders of Pre-Order Products: “Click & Reserve”; “Buy Online Pick Up In Store”, and “Pay By Link”. Pre-orders can be cancelled before Pre-Order Products are shipped.
3. AVAILABILITY
3.1. General Availability Products are available as long as they are in stock. The level of stock availability shown will be updated regularly but it does not guarantee that the Product checked will be available when you visit the designated Swarovski Store (if applicable to the option you have chosen). 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). We also reserve the right to limit the number of Products that may be sold to you. 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. g), (iii). 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. Buy Online & Pick Up In Store We may give you the option (if applicable in your country) of purchasing a Product online and picking it up on the same business day in a designated Swarovski Store (“Buy Online & Pick Up In Store”). If the order is not collected within seven (7) business days of Us sending you a confirmation email, in accordance with Section 2.3. g), (iv), We will assume that it is unwanted, cancel the order and Section 7.2. will apply.
3.4. 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. g), (ii), We will assume that it is unwanted, cancel the order and Section 7.2. 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.
4.2. Mispricing 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.
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, and 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.
The purchase price for the products ordered by you through the Website is due when you submit your order through the Website, and 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
All information provided by you will be treated securely in accordance with all applicable data protection laws and Our Privacy Policy. 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 pay using PayPal, the PayPal Privacy Policy available on the PayPal website will also apply. If you pay using Google Pay, the Google Privacy Policy available on the Google website will also apply to your purchase. If you choose to pay using Afterpay, the Afterpay Privacy Policy available on the Afterpay website will also apply to your purchase. In some countries, we offer Alipay as a payment option. Where available, your purchase will be subject to the Alipay Privacy Policy and Terms and Conditions.
We also offer Apple Pay as a payment option for customers who use an iOS device and a Safari browser when checking out. If you choose to use Apple Pay as your payment option, the Apple Pay Privacy Policy will apply. If you use Klarna as a payment method, you may have the option to use different products of Klarna. It is at the discretion of Klarna to determine if you are eligible to use Klarna as a payment method and to tailor the payment options for you. See the Klarna Terms of Use for more information. Note, that We do not accept liability in respect of your use of Klarna as a payment method. In order to be able to offer you Klarna as a payment method, We need to pass to Klarna your personal information (name, billing and shipping address, email, phone number, date of birth, bank account or card details, personal ID number and order details). Your personal data will be handled in accordance with applicable law, Our Privacy Policy and Klarna's Privacy Policy. If you would like more information on Klarna click here.
All information provided by you will be treated securely in accordance with all applicable data protection laws and Our Privacy Policy. 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 pay using PayPal, the PayPal Privacy Policy available on the PayPal website will also apply. If you pay using Google Pay, the Google Privacy Policy available on the Google website will also apply to your purchase. If you choose to pay using Afterpay, the Afterpay Privacy Policy available on the Afterpay website will also apply to your purchase. In some countries, we offer Alipay as a payment option. Where available, your purchase will be subject to the Alipay Privacy Policy and Terms and Conditions.
We also offer Apple Pay as a payment option for customers who use an iOS device and a Safari browser when checking out. If you choose to use Apple Pay as your payment option, the Apple Pay Privacy Policy will apply. If you use Klarna as a payment method, you may have the option to use different products of Klarna. It is at the discretion of Klarna to determine if you are eligible to use Klarna as a payment method and to tailor the payment options for you. See the Klarna Terms of Use for more information. Note, that We do not accept liability in respect of your use of Klarna as a payment method. In order to be able to offer you Klarna as a payment method, We need to pass to Klarna your personal information (name, billing and shipping address, email, phone number, date of birth, bank account or card details, personal ID number and order details). Your personal data will be handled in accordance with applicable law, Our Privacy Policy and Klarna's Privacy Policy. If you would like more information on Klarna click here.
5.3. Debit Occurrence
According to the payment method you have chosen, either: - a) We may pre-authorize funds (together with the relevant taxes and delivery charges) immediately upon order on your credit card (unless you chose the “Scheduled Delivery” option) after you submit your order and charge you for Products purchased when they have been dispatched to you for delivery; b) We may charge you immediately for Products (together with the relevant taxes and delivery charges); c) when you chose the option “Click & Collect”, We may charge you (together with the relevant taxes) when the Products have been dispatched for delivery to the relevant Swarovski Store; d) when you chose the option “Buy Online & Pick Up In Store”, We may charge you immediately for products (together with the relevant taxes); or e) when you purchase a Product from a Swarovski Store using “Pay By Link” We may charge you immediately for Product(s) (together with the relevant taxes and delivery charges, once you access the Pay by Link link, complete and submit your name, address, and payment details, and your order is confirmed.
According to the payment method you have chosen, either: - a) We may pre-authorize funds (together with the relevant taxes and delivery charges) immediately upon order on your credit card (unless you chose the “Scheduled Delivery” option) after you submit your order and charge you for Products purchased when they have been dispatched to you for delivery; b) We may charge you immediately for Products (together with the relevant taxes and delivery charges); c) when you chose the option “Click & Collect”, We may charge you (together with the relevant taxes) when the Products have been dispatched for delivery to the relevant Swarovski Store; d) when you chose the option “Buy Online & Pick Up In Store”, We may charge you immediately for products (together with the relevant taxes); or e) when you purchase a Product from a Swarovski Store using “Pay By Link” We may charge you immediately for Product(s) (together with the relevant taxes and delivery charges, 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. 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.
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.
5.5. Consents Please note 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 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.
6. DELIVERY AND RESERVATION OF TITLE
6.1. Delivery
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. If you are using “Pay By Link” you need to inform Us via phone your selected delivery address. We will endeavor to dispatch your order within seven (7) business days from date of your order or as otherwise specified in the order confirmation email. The Products 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 cannot be held responsible if that delivery address is incorrect or incomplete. Please note, that 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. Please use Our Swarovski Store finder page at Swarovski Store Finder - Find a Store Near You | Swarovski for information on locations and opening hours. Please 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.
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. If you are using “Pay By Link” you need to inform Us via phone your selected delivery address. We will endeavor to dispatch your order within seven (7) business days from date of your order or as otherwise specified in the order confirmation email. The Products 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 cannot be held responsible if that delivery address is incorrect or incomplete. Please note, that 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. Please use Our Swarovski Store finder page at Swarovski Store Finder - Find a Store Near You | Swarovski for information on locations and opening hours. Please 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” or “Buy Online & Pick Up In Store”, 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” or “Buy Online & Pick Up In Store”, 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.
Until the purchase price is paid in its entirety, the Products remain Our property. If you choose the “Click & Collect” or “Buy Online & Pick Up In Store”, 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” or “Buy Online & Pick Up In Store”, 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 RIGHT / RETURNS
7.1. Cancellation Process
As a consumer, you have the right to cancel the contract of sale you have concluded with Us, prior to shipment of your order (the “Cancellation Right”) without giving any reason, as set out below. Your Cancellation Right begins on the date you place your order and ends at the time your order ships, or otherwise as may be permitted by applicable law. Cancellation of an order before it ships 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 before it ships as the time taken for us to receive your message will mean that the order is already being processed by our warehouse and cancellation of shipment will not be possible. Our customer relations department is available from Monday to Sunday, from 8am to 1am EST, including holidays: Phone: + 1-833-530-2682 Fax: +1-800-870-5660 Email: customer_service_ca@swarovski.com
As a consumer, you have the right to cancel the contract of sale you have concluded with Us, prior to shipment of your order (the “Cancellation Right”) without giving any reason, as set out below. Your Cancellation Right begins on the date you place your order and ends at the time your order ships, or otherwise as may be permitted by applicable law. Cancellation of an order before it ships 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 before it ships as the time taken for us to receive your message will mean that the order is already being processed by our warehouse and cancellation of shipment will not be possible. Our customer relations department is available from Monday to Sunday, from 8am to 1am EST, including holidays: Phone: + 1-833-530-2682 Fax: +1-800-870-5660 Email: customer_service_ca@swarovski.com
7.2. Returns
To return Product(s) (each, a “Return”), you must send a written notice to the address specified above in Section 3 or send an email notice to Swarovski Customer Service Department at: customer_relations_ca@swarovski.com (a “Return Notice”), or send the products back to the following address for delivery: Swarovski C/O UPS-SCS 1022 Champlain Avenue Burlington, Ontario L7L 0C2 Canada You may return your online order (except for Gift Cards and Swarovski Masks if unpacked, which, due to hygienic reasons, may not be returned) up to fourteen (14) days after the receipt of your Order, or if later, 14 days after the date of the Return Notice (the “Return Deadline”). Notwithstanding the foregoing, for purchases via “Pay by Link” You, or your identified designate, must physically return in person your Product(s) to any Swarovski Store within the Return 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. In case of any Return, you are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swarovski (“Return Shipping Costs”), to the extent permitted by applicable law. You must take reasonable care that the products are not damaged during their return. To return your order and for more information on our return policy and process other than for returns of Product(s) purchased via “Pay By Link” (which must be returned to a Swarovski Store), please visit our Returns Process and Policy page here or email Swarovski Customer Service Department at: customer_relations_ca@swarovski.com. 7
To return Product(s) (each, a “Return”), you must send a written notice to the address specified above in Section 3 or send an email notice to Swarovski Customer Service Department at: customer_relations_ca@swarovski.com (a “Return Notice”), or send the products back to the following address for delivery: Swarovski C/O UPS-SCS 1022 Champlain Avenue Burlington, Ontario L7L 0C2 Canada You may return your online order (except for Gift Cards and Swarovski Masks if unpacked, which, due to hygienic reasons, may not be returned) up to fourteen (14) days after the receipt of your Order, or if later, 14 days after the date of the Return Notice (the “Return Deadline”). Notwithstanding the foregoing, for purchases via “Pay by Link” You, or your identified designate, must physically return in person your Product(s) to any Swarovski Store within the Return 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. In case of any Return, you are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swarovski (“Return Shipping Costs”), to the extent permitted by applicable law. You must take reasonable care that the products are not damaged during their return. To return your order and for more information on our return policy and process other than for returns of Product(s) purchased via “Pay By Link” (which must be returned to a Swarovski Store), please visit our Returns Process and Policy page here or email Swarovski Customer Service Department at: customer_relations_ca@swarovski.com. 7
a) We shall reimburse to you all payments received from you, excluding (i) shipping costs to you, if any, and (ii) Return Shipping 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 by the Return Deadline, assuming that your have fulfilled Your obligation to return your Order by the Return Deadline.
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) Please retain your delivery note until you have received your refund.
g) It is not currently possible to return Products purchased in person at Swarovski Stores through the Website.
h) 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.
i) 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 CAD100.00) will be removed if the returned product(s) brings the total order value below CAD100.00 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, 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
Swarovski offers a one-year warranty for jewelry and accessories and a two-year warranty for all other products. NOT APPLICABLE TO QUÉBEC CONSUMERS - THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. To claim under this warranty, you may either visit a Swarovski store or return defective products to the address specified in Section 7.1 above following the returns process specified on the Returns Process and Policy page which can be accessed here Include in the returned materials a written statement with the following: your telephone number, your full address, the original receipt, and the nature of the defect. You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swarovski. In the event that your warranty claim is justified, Swarovski will refund to you the necessary costs of shipment through Canada Post. You must take reasonable care that the products are not damaged during their return. The risk of loss or damage to the products remains with you until the products are received at Swarovski’s facilities.
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. The rights of the consumers based on the consumer protection laws and product liability regulations in force are not affected by these GTCs. Not applicable to Québec consumers - Without limiting the generality of the foregoing, the total liability of Swarovski for any cause of action whatsoever arising from or related to these GTCs, this Website, Swarovski, or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (i) in respect of any particular claim, the amount paid to Swarovski for the purchase of products or provision of service related to the claim, if any; and (ii) in aggregate and in respect of all claims, the amount paid to Swarovski for the purchase of products through this Website in the two year period immediately preceding the claim, provided further that Swarovski shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Swarovski records, programs, or services or any use or misuse of any product by you. Not applicable to Québec consumers - You agree that under no circumstances shall Swarovski or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Swarovski records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some provinces may not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces, liability is limited to the fullest extent permitted by law. Subject to applicable law, the disclaimers, limitations, and exclusions set forth in these GTCs shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these GTCs, this Website, Swarovski, or the products offered on this Website, even if Swarovski is aware of or has been advised of the possibility of such loss or damage. You agree that all exclusions and limitations of liability in these GTCs apply to any claims against Swarovski as well as its related parties.
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. Not applicable to Québec consumers - Without limiting the generality of the foregoing, the total liability of Swarovski for any cause of action whatsoever arising from or related to these GTCs, this Website, Swarovski, or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (i) in respect of any particular claim, the amount paid to Swarovski for the purchase of products or provision of service related to the claim, if any; and (ii) in aggregate and in respect of all claims, the amount paid to Swarovski for the purchase of products through this Website in the two year period immediately preceding the claim, provided further that Swarovski shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Swarovski records, programs, or services or any use or misuse of any product by you. Not applicable to Québec consumers - You agree that under no circumstances shall Swarovski or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Swarovski records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some provinces may not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces, liability is limited to the fullest extent permitted by law. Subject to applicable law, the disclaimers, limitations, and exclusions set forth in these GTCs shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these GTCs, this Website, Swarovski, or the products offered on this Website, even if Swarovski is aware of or has been advised of the possibility of such loss or damage. You agree that all exclusions and limitations of liability in these GTCs apply to any claims against Swarovski as well as its related parties.
10. DATA PROTECTION
Your personal data will be collected, used and disclosed as set out in the consent you provide upon our collection of your personal data, as more particularly described in our Privacy Statement. 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 (including information on the use of cookies) is incorporated into and form part of these GTCs. Additionally, where you use PayPal or Klarna as a payment method, your personal data will be handled in accordance with the PayPal or Klarna privacy policy (please refer to sections 5.2(b) and (c)).
Your personal data will be collected, used and disclosed as set out in the consent you provide upon our collection of your personal data, as more particularly described in our Privacy Statement. 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 (including information on the use of cookies) is incorporated into and form part of these GTCs. Additionally, where you use PayPal or Klarna as a payment method, your personal data will be handled in accordance with the PayPal or Klarna privacy policy (please refer to sections 5.2(b) and (c)).
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 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.
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. 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. 11.4. 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.
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.
11.8. Headings. 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. 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, names, product designs, logos, images, graphics, videos and other artworks (hereafter referred to as “Content”). Nothing contained on the Website should be construed as granting any license or right to use any Content displayed on the Website. 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 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. SWAROVSKI and the SWAN logo are, among others, registered trademarks of Swarovski AG. The Swarovski Group monitors the use the of its trademarks and will take adequate measures to enforce against any form of intellectual property infringements. Not applicable to Québec consumers -
11.10. Applicable Law and Venue. By using the Website, you agree that the laws of the Province of Ontario shall govern the GTCs without giving effect to any conflict of law principles and further agree to attorn to the exclusive jurisdiction of the courts of the Province of Ontario and that the venue for any action, suit, or proceeding arising from or relating to these GTCs or our products shall be Toronto, Ontario, subject to the provisions on arbitration below. You agree that the United Nations Convention on Contracts for the International Sale of Goods and any local enactment thereof, including but not limited to the International Sales Conventions Act, shall not apply. You agree that any claim, action, dispute, disagreement, or controversy, at law or in equity, arising out of or relating to these GTCs, the Website, your use thereof, Swarovski, or any of the products shall, except to the extent expressly prohibited by law, be exclusively resolved by confidential, final, and binding arbitration by a sole arbitrator in an arbitration pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the city of Toronto, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand, or modify these GTCs, nor award damages in excess of compensatory damages permitted under these GTCs, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against Swarovski. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement. You also agree, except to the extent prohibited by law or for any application for injunctive relief, not to join any arbitration under these GTCs or to any other arbitration involving any other parties subject to these or a similar version of these GTCs, whether through class arbitration proceedings or otherwise. Except to the extent prohibited by law, Swarovski will have no liability to you for any claim or cause of action you may have arising from, connected with, or relating to these GTCs, this Website, your use thereof, or any related matters for which you give us more than six months’ notice after the claim or cause of action arises.
11.11. 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. These GTCs only become effective, if any export control and sanctions relevant screenings made by Swarovski at the time of dispatch of the ordered Products 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, these your order will not come into force and Swarovski will not be obliged to deliver any Products nor any compensation for non-performance will be due. Open orders shall be rescinded immediately. Notwithstanding the aforementioned, Swarovski shall be entitled to stop any delivery of Products, if any export control regulations and trade restrictions so require. Any compensation for non-performance shall be excluded. Last revised September 2021 Copyright © 2021 Swarovski. All rights reserved. SWAROVSKI and the SWAN logo are registered trademarks of Swarovski AG