CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR CANADA
Effective as of July 2020
1. Scope of application
This customer information and the terms and conditions set forth below (the “Terms and Conditions”) shall apply to use of this website, accessible at http://www.swarovski.com (hereafter referred to as the "Website"), provided by Swarovski Canada Limited (hereafter referred to as “Swarovski”, “the company”, or “its”) and all purchases of products made through the Website. By using the Website or purchasing products through the Website, you agree to these Terms and Conditions and further agree that all agreements, notices, disclosures, and other communications that Swarovski provides electronically satisfy the legal requirement that such agreements, notices, disclosures, and other such communications be in writing.
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. It is the sole responsibility of the user to determine whether his/her use of the Website is lawful. All users must comply with all applicable laws.
2. Parties, Customer Service, and Warranty Claims
Swarovski Canada Limited
66 Wellington Street West, Suite 5300
TD Bank Tower
Toronto, Ontario M5K 1E6
Swarovski Canada Limited
One Kenney Drive
Cranston, Rhode Island 02920
All warranty claims and notices to Swarovski may be sent to the above mailing address. Swarovski Customer Service Department may be contacted at:
Phone: + 1-833-530-2682 (Monday – Sunday and Holidays, 8:00 am - 1:00 am, EST)
3. Orders and Returns
Swarovski only sells products to adults who are able to purchase its products using an approved method of payment, which Swarovski, in its sole discretion, may change from time to time, issued to the actual buyer. By purchasing a product through the Website, you represent to Swarovski that you are an adult and that you are authorized to make the purchase using the payment information you provide. You represent and warrant that any products you purchase are for your own personal use and not for resale. 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.
Any orders placed on the Website constitute a binding offer by you to conclude a purchase with Swarovski. The binding agreement comes into existence only when Swarovski accepts your order on the Website by email, or by shipping the product(s) ordered.
Any products that are returned, as permitted under these Terms and Conditions, must be shipped to the following address:
Schenker of Canada (For Swarovski)
3210 Airway Drive, Doors 1 – 10
If you are not satisfied with your purchase for any reason up to 14 calendar days following your receipt of the ordered products, Swarovski will, upon receipt of the returned products, refund or credit the full purchase price (excluding shipping charges) you have paid for the ordered products, provided, however, products must be returned in unused, original condition. For more information on our return process, please visit: https://www.swarovski.com/en_GB-CA/s-customercaredetail/Customer-Care/#link_return or email Swarovski Customer Service Department at: email@example.com.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swarovski. You must take reasonable care to ensure 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.
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 CAD 100) will be removed if the returned product(s) brings the total order value below CAD 100. 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.
The prices on the Website are exclusive of all applicable taxes, customs, duties, and levies. 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. Reservations and Exceptions
Swarovski reserves the right to change prices, terms, specifications, product warranties, promotional offers, and any other part of the Website at any time without prior notice and without liability. Swarovski attempts to post accurate information; however, errors may sometimes occur. Swarovski does not warrant that the Website is accurate, complete, reliable, current, or error-free. Any such errors, inaccuracies, or omissions (including after an order has been submitted or accepted) for product specifications, descriptions, and pricing will be corrected when discovered and Swarovski reserves the right to revoke any stated price, term, or specification on the Website. If an error or inaccuracy is discovered after your order has been submitted or accepted, the company will inform you promptly upon its discovery, at which time you will have the option to cancel or confirm your order.
6. Product Availability
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.
Once Swarovski accepts your order, it will attempt to promptly fill the order, subject to available inventories. Should an item not be available, Swarovski kindly asks you to try again shortly or to visit your local Swarovski store or authorized Swarovski retailer.
7. Terms of Payment
All prices and other references to currency on the Website are shown in Canadian Dollars. The purchase price for the products ordered is due upon the shipment of your order by Swarovski. Upon shipment, Swarovski will charge the selected payment method for the purchase price, the cost of shipping and handling, and applicable taxes. If the charge is not authorized or accepted, Swarovski reserves the right to cancel your order without notice or liability. You may not make any set-off against Swarovski's claim for payment unless otherwise agreed to in writing by Swarovski.
8. Delivery, Reservation of Title, and ‘Click & Collect’
The products ordered by you will be delivered to either the store location requested by you or at the address entered by you through a delivery service selected by Swarovski. You agree that the products ordered and sent to you remain Swarovski's property until full payment has been received by Swarovski.
If you choose the Click & Collect option, we will keep your order in store for 14 calendar days after it has arrived. If the order is not collected, we will assume that it is unwanted, cancel the order and issue a refund via your original payment method.
Swarovski offers a one-year warranty for jewelry and accessories and a two-year warranty for all other products.
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 paragraph three above and 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 Swarovski determines 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.
You may assign your contractual rights under these Terms and Conditions to a third party only with Swarovski's prior written consent.
11. Applicable Law and Venue
By using the Website, you agree that the laws of the Province of Ontario shall govern the Terms and Conditions 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 Terms and Conditions 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 Sale of Goods Act (Ontario), 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 Terms and Conditions, 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 Terms and Conditions, nor award damages in excess of compensatory damages permitted under these Terms and Conditions, 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 Terms and Conditions or to any other arbitration involving any other parties subject to these or a similar version of these Terms and Conditions, 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 Terms and Conditions, 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.
12. Modifications and Waivers
Swarovski reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
You may not modify, supplement, delete, or amend these Terms and Conditions in any manner without the express written agreement of Swarovski.
No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties agree that these Terms and Conditions contain the entire agreement of the parties and supersede all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
13. Limitations of Liability
Subject to applicable law and without limiting the generality of the foregoing, the total liability of Swarovski for any cause of action whatsoever arising from or related to these Terms and Conditions, 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.
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 do 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 Terms and Conditions 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 Terms and Conditions, 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 Terms and Conditions apply to any claims against Swarovski as well as its related parties.
14. Proprietary rights
The content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material is protected by Canadian and international copyrights, trademarks, patent, or other proprietary rights. All content is copyrighted under applicable law and Swarovski owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.
15. Excusable non-performance
If the performance of any of these Terms and Conditions 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; or (vii) any other cause beyond its reasonable control, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.