TERMS AND CONDITIONS
CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR DISTANCE SALES IN THE UNITED KINGDOM VIA PAY BY LINK
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 “GTCs”) apply to all purchases by consumers via Pay by Link in the United Kingdom from Swarovski UK Ltd.. Swarovski UK Ltd and/or any and all other legal entities within the Swarovski Group of Companies will be referred to hereinafter as “Swarovski”/“We”/“Us”/“Our”.
Please read these GTCs carefully before ordering Products (as defined below). By ordering Our Products, you indicate that you consent to, and shall comply with:
a. these GTCs;
b. Our Privacy Policy
and you confirm that you are competent to enter into legally-binding contracts and are at least 18 years old. If We have reason to believe that you do not fulfill any requirements mentioned herein, We reserve the right to cancel your order.
1.2. Contracting Party
The seller of Swarovski Products in the United Kingdom is:
Swarovski UK Ltd
1st Floor, Building 4,
Chiswick Park
566 Chiswick High Road
London W4 5YE
UK
Company Registration Number: 835806
VAT number in UK: GB 490 360 746
In the unlikely event that you have any complaints about any Products purchased via Pay by Link from the Store(s) in the United Kingdom or in case you wish to assert statutory warranty claims you can contact Us at the above address or you can reach Our Customer Service via email at: customer_relations.gb@swarovski.com.
1.3. 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 Our 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.
2. ACCEPTANCE OF PURCHASE ORDERS
2.1. Invitation
Please note, that all Products offered by Swarovski for distance sales concluded via Pay by Link are an invitation to buy only and are not an offer or unilateral contract of sale from Our side.
By completing the payment process, you provide a binding offer to conclude a purchase contract, however, all orders submitted by you are subject to acceptance by Us in Our discretion.
We are free to not accept your order in Our discretion for any reason whatsoever without liability and in compliance with applicable laws.
Examples of when We may not accept your order include, but are not limited to:
a) non-availability of Products;
b) incorrectly priced Products;
c) incorrectly described Products;
d) if We are unable to obtain authorisation of your payment;
e) if We receive a negative credit report;
f) if there is reason to believe that you are in breach of the GTCs;
g) if there is reason to believe that you are involved in fraudulent or criminal activities of any kind;
h) if We have reason to believe that you are not a consumer but a commercial buyer.
If We are unable to accept your order, We will inform you of this and will not charge you for the Product.
Unfortunately, We do not accept orders from or deliver to addresses outside the United Kingdom.
2.2. Ordering Steps
There is no binding contract to purchase formed until We have accepted your order as indicated in paragraph 2.2(d) below.
Steps until acceptance of your order:
a) Item availability, prices and delivery options may vary depending on the delivery destination.
b) Variations in both the manufacturing processes We use and the display properties of the computer hardware you use to view the Products may affect the colours of the Products displayed 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.
c) We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing a freight forwarding service. In the event that We do accept any order and We subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing a freight forwarding service, We shall be entitled to cancel such order upon notice to you by email or telephone.
d) After your binding offer has been submitted to Us and you have successfully completed the payment via Pay by Link (NB terms and conditions of the Pay by Link service offered by Adyen must be reviewed and accepted to complete the purchase), 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.
When you are collecting from our stores the Products you have, you may be required to bring to the retail 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 paragraph 7 for your rights to return the Product and receive a refund.
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 Websites 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 Product(s) 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.
4. PRICES AND ADDITIONAL COSTS
4.1. Prices of Products
All prices of Products on the Websites are the prices for the Products only. They include any VAT payable but do not include the charge for delivery (if any).
4.2. Changes to Pricing
We may vary the prices of Products 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 total price for your order will be the purchase price of the Product(s) you have chosen including VAT and any additional costs (i.e. delivery costs etc.).
5.2. Payment Methods
Payment is possible via the Pay by Link service offered by Adyen. The terms and conditions of the Pay by Link service offered by Adyen must be reviewed and accepted to complete the purchase. Payment will be by:
a) Credit/debit card:
If you pay with a credit/debit card (by entering your payment data on the Websites of the respective payment provider), We reserve the right to validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. By providing such payment data, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Please note that this is done only to confirm your identity; a credit check is not performed, and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with all applicable data protection laws and Our Privacy Policy.
You confirm that the credit/debit card that is being used is yours and that all details you provide to Us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. If the institution that issued the credit card refuses to authorise payment to Us, We will not accept your order and We are not liable for any delays or for failure to deliver and We are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of Our processing of your credit/debit card payment in accordance with your order.
5.3. Debit
According to the payment method you have chosen, either: -
a) We may pre-authorise funds (together with the relevant 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 delivery charges);
unless We inform you that in respect of certain Products payment shall be taken in advance, when or shortly after you submit your order.
5.4. Payment Conditions
For your security, the billing name and address must match the credit card or other method used for payment. We reserve the right to cancel any order that does not comply with this or with our other security criteria.
5.5. Consents
Please note, that if you pay online you indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorised credit protection associations, credit institutions, credit inquiry agencies and third parties contracted by Swarovski.
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
If you choose, that We deliver your Product(s) to you, you need to inform Us via phone your selected delivery address. We will endeavor to dispatch your order within seven (7) days from date of your order or as otherwise specified in the order confirmation email.
The 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.
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 minimise 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, within seven (7) days, at any time during the opening hours of the relevant Swarovski Stores. Please use Our Swarovski Store finder page at https://www.swarovski.com/en_GB-GB/Store-finder/ for information on locations and opening hours.
Please note, that We do not deliver to hotels or PO boxes.
Upon receipt the shipment must be checked for accuracy and completeness.
If you so request, We will make efforts to deliver the Products at a specific time, but generally cannot make binding promises to do so.
6.2. Reservation of Title
Until the purchase price is paid in its entirety, the Products remain Our property. If you choose to pick up your Product(s) in one of Our Swarovski Store(s) 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(s) all risk of damage to, or loss of, the Product(s) shall pass to you. If you choose to pick up you Product(s), 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.
Please note that, to the extent permitted by applicable law, any commercial resale or distribution of Our Products sold is strictly prohibited.
7. CANCELLATION RIGHT
7.1. Cancellation Process
As a consumer, you have the right to cancel the contract of sale you have concluded with Us within 28 days from receiving your Products without giving any reason.
Your cancellation right begins on the date you place your order and ends 28 days after the date you receive your order (hereinafter referred to as “Cancellation Deadline”). You must either physically return your Product(s) to one the participating Swarovski Store(s) send off the Product(s) within the Cancellation Deadline.
Please note it is not possible to return customised Products, or pierced jewellery items for hygiene and safety reasons. This does not affect your statutory rights.
Steps for cancellation:
a) Allegro Logistics
Unit 3&3a
Blackfriars Road
Nailsea BS48 4DJ
Bristol
email: customer_relations.gb@swarovski.com
Products can also be returned to the relevant store; see below a list of the participating stores:
Swarovski Bicester Village
Unit 5C Bicester Village
OX26 6WD
UK
Swarovski Cheshire Oaks
Cheshire Oaks Designer Outlet Unit 108
CH65 9JJ
UK
Swarovski York Outlet
York Designer Outlet Unit 30A
YO19 4TA
UK
Swarovski Gunwharf Quays
Unit 3 Gunwharf Quays
PO1 3TZ
UK
Swarovski Silverburn
Barrhead Road, Silverburn
G53 6AG
Glasgow
Swarovski Braehead
Braehead Shopping Centre
G51 4BS
Glasgow
Swarovski Manchester Arndale Centre
Unit 7 Arndale Centre
M4 3AQ
Manchester
Swarovski Oxford Street West
487 Oxford Street West
W1C 2AU
London
Swarovski Cardiff
LG12
CF10 2ER
Cardiff
Swarovski Birmingham
Upper Mall East
The Bullring
B5 4BG
Birmingham
Swarovski Nottingham
101 Victoria Centre
NG1 3QB
Nottingham
Swarovski Watford
Intu Watford Unit 119
WD17 2TH
Watford
Swarovski Leeds Trinity
Unit 2.26 Leeds Trinity
LS1 5AR, Leeds
Swarovski Metro Centre
63 Cameron Walk Metro Centre Unit 36
NE11 9YR
Gateshead
email: customer_relations.gb@swarovski.com
To meet the Cancellation Deadline, it is sufficient for you to send your information to cancel an order (via email or letter) before the withdrawal period has expired. You may use the model cancellation form, but it is not obligatory.
b) Place the item(s) in the original shipping box. You have to take best efforts to send the Products back in their original condition with their original packaging and the return voucher must be attached to the Products.
c) Complete the return form (enclosed in the original parcel) and place it in the box.
d) Remove all other labels from the outside of the box.
e) Attach the the address mentioned above under lit. a) to the outside of the box and seal the parcel securely.
f) Take the parcel to the nearest post office and post it. Make sure you get a copy of the postal receipt for further reference.
g) If you have lost your return label, please email Us at: customer_relations.gb@swarovski.com and We will assist you.
MODEL CANCELLATION FORM
Please copy and paste the form below, complete the details and return the form either by registered post to Swarovski UK Ltd, 1st Floor, Building 4, Chiswick Park, 566 Chiswick High Road, London W4 5YE, UK or by email: customer_relations.gb@swarovski.com.
To:
Swarovski UK Ltd
1st Floor, Building 4,
Chiswick Park
566 Chiswick High Road
London W4 5YE
email: customer_relations.gb@swarovski.com
I [NAME] hereby give notice that I cancel my contract of sale for the following goods:
[SPECIFY GOODS]
Ordered on [DATE] and/or received on [DATE]
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is sent on paper):
Date:
7.2. Effects of cancellation
a) We shall reimburse to you all payments received from you.
b) We will reimburse in the same means of payment as for the initial transaction; in any event you will not incur any fees as a result of such reimbursement. Please note that if you pay fully by Gift Card, the amount paid can only be reimbursed as a Gift Card. If partial payment is made by Gift Card, the amount paid via your chosen payment method will be reimbursed first via the same payment method. Any remaining amount will then be reimbursed to your Gift Card.
c) Your refund will be made within fourteen (14) business days from the day on which We receive the Product back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Product back to Us.
d) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s) if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.
e) Please retain your delivery note until you have received your refund.
f) It is not currently possible to return Products purchased in Swarovski Stores through the Websites www.swarovski.com.
g) Please note that if you decide to return only part of an order that has been purchased with a discount/promotion offer applied, the discount/promotion offer will be re-calculated.
h) If you decide to return only part of an order that has been purchased with a discount/promotion offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount.
For example, a 10% discount (with a minimum purchase amount of £100) will be removed if the returned product(s) brings the total order value below £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.
8. WARRANTY
We warrant the Products are of merchantable quality and free from material or workmanship defects, provided they are subject to normal use. No additional guarantee is provided.
The warranty period is two years from receipt of the Product(s).
This warranty does not cover damage to Products caused by accident, misuse and abuse, modification, attempted repair, negligence after purchase, ordinary wear and tear and/or failure to follow the Product’s care advice.
In the unlikely event your Product(s) are found to be defective under this warranty, please contact customer_relations.gb@swarovski.com or visit your nearest Swarovski Store. You will be asked for proof of purchase (e.g. your purchase or gift receipt), so please ensure you retain this. You will have the option of receiving a replacement Product, if available, or a full refund.
For After Sale Services, please contact: customer_relations.gb@swarovski.com.
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. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your statutory rights in relation to the Product(s).
We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these GTCs, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking these GTCs or Our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen (for example, if you discussed it with Us during the sales process).
We are not liable for business losses. We only supply the Products for domestic and private use.
10. DATA PROTECTION
Your personal data will be processed in accordance with applicable law and Our Privacy Policy. 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 forms part of these GTCs.
Additionally, where you use Pay by Link from Adyen as a payment method, your personal data will be handled in accordance with the Adyen privacy policy.
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 organisation. We will ensure that the transfer will not affect your rights under these GTCs.
11.2. You need Our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these GTCs to another person if We agree to this in writing.
11.3. Nobody else has any rights under these GTCs
These GTCs are between you and Us. No other person shall have any rights to enforce any of its terms.
11.4. If a court finds part of these GTCs illegal, the rest will continue in force
Each of the paragraphs of these GTCs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5. Even if We delay in enforcing these GTCs, We can still enforce Our rights later
If We do not insist immediately that you do anything you are required to do under these GTCs, or if We delay in taking steps against you in respect of your breaking these GTCs, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date.
11.6. Which laws apply to these GTCs and where you may bring legal proceedings
These GTCs are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
11.7. Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how We have handled any complaint, you may want to contact the alternative dispute resolution provider We use. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk. The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
11.9. Export control and sanctions
Swarovski will screen the Customer’s personal data with relevant export control and sanctions lists. Screening will occur with every update of any sanctions list. The Customer hereby certifies that the present Purchase Order and the implementation thereof will not in any way benefit, directly or indirectly, any natural or legal person that is named on any relevant sanctions list, such as the “Consolidated list of persons, groups and entities” subject to EU financial sanctions and U.S. OFAC’s “List of Specially Designated Nationals and Blocked Persons (“SDN”)”.
This Purchase Order only becomes effective, if any export control and sanctions relevant screenings made by Swarovski at the time of dispatch of the ordered goods do not lead to a match. In case of any breach of this clause or any breach of trade law or export control regulations or sanctions, particularly in case that any screenings made by Swarovski lead to a match, this Purchase order will not come into force and Swarovski will neither be obliged to deliver any goods 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 goods, if any export control regulations and trade restrictions so require. Any compensation for non-performance shall be excluded.
Last revised on 21st February 2023
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