1.1. Applicability
These general terms and conditions of sale and any policies or documents to which a link is provided herein (hereinafter referred to as “GTCs”) apply to all purchases by consumers in Swarovski Stores in Ireland by Swarovski Ireland Ltd. (hereinafter referred to as the “Stores” or “Swarovski Stores”). Swarovski Ireland 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) or purchasing Products from the Stores. By purchasing Our Products, you indicate that you consent to, and shall comply with:
a. these GTCs
and you confirm that you are competent to enter into legally-binding contracts and are at least 18 years old. If We have reason to believe that you do not fulfill any requirements mentioned herein, We reserve the right to reject your purchase. .
1.2. Contracting Party
The Stores are operated by
Swarovski Ireland Ltd.
70 Sir Rogerson's Quay
IE-Dublin
Ireland
Company Registration Number: 422191
VAT number in Ireland: IE9571061M
Legally represented by its Managing Directors: Hayley Quinn and Milan Bukumirovic
IIn the unlikely event that you have any complaints about any Products purchased from the Stores or in case you wish to assert statutory warranty claims you can contact Us in Our Stores, at the above address or you can reach Our Customer Service via email at
Customer_Service_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:
Terms & Conditions | Swarovski.You, and any contract of sale between Us, will be subject to the version of the GTCs in force at the time you order or purchase Products from Our Stores.
2. ACCEPTANCE OF PURCHASE ORDERS
2.1. Invitation
Please note, that all Products offered in the Stores are an invitation to buy only and are not an offer or unilateral contract of sale from Our side.
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 Products displayed in Our Stores;
b) incorrectly priced Products in Our Stores;
c) incorrectly described Products in Our Stores;
d) if We are unable to obtain authorisation of your payment;
e) if We receive a negative credit report when you pay by credit card;
f) if there is reason to believe that you are in breach of the GTCs;
g) if there is reason to believe that you are involved in fraudulent or criminal activities of any kind;
h) if We have reason to believe that you are not a consumer but a commercial buyer.
2.2. Ordering Steps (when ordering online)
There is no binding contract to purchase formed until We have accepted your order as indicated in paragraph 2.2 c) below.
a) 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.
b) After your binding offer has been submitted to Us online, 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.
c) An acceptance of your offer/order and the conclusion of a purchase contract is indicated by: .
(a) an email confirming that the Products ordered have been dispatched; or
(b) in the event you have selected the option “Click & Collect” (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 this confirmation email; or
(c) in the event you have selected the option “Click & Reserve” (as described in section 3.2.), We have sent you an email confirming that the Products have been reserved at the respective Swarovski Store and you visit Us within two (2) business days to purchase the Product in the Swarovski Store; or
(d) in the event you have been able to select the option “Buy Online & Pick Up In Store” for a Product (if applicable and 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 Store.
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 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.
2.3.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 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 delivery options offered on the Swarovski website shall not apply to orders of Pre-Order Products: Click & Reserve; Buy Online Pick up in Store. The Click & Collect option will only be possible in certain countries and based on the delivery times mentioned on the product page. Pre-orders can be cancelled before Pre-Order Products are shipped.
3.1. General Availability
Products are available as long as they are in stock. The level of stock availability shown on our Swarovski website 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 in Our Store 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.
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 Swarovski 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 paragraph 2.2 c)(c). You can purchase the Product in the applicable Swarovski Store. Prices in the Swarovski Stores may vary from the Prices displayed on the Swarovski website:
Swarovski Official | Jewellery, Watches and Crystal Decorations.
3.3. Buy Online & Pick Up In Store
We may give you the option (if applicable) 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 paragraph 2.2 c)(d), We will assume that it is unwanted, cancel the order and paragraph 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 paragraph 2.2 c)(b), We will assume that it is unwanted, cancel the order and paragraph 7.2 will apply.
4. PRICES AND ADDITIONAL COSTS
4.1. Prices of Products
4.2. Mispricing
Please note that if a Product's correct price is lower than the price stated in Our Stores, subject to Our right to refuse an order pursuant to these GTCs, We will charge the lower amount. .
If a Product's correct price is higher than the price stated in Our Stores, We will charge the higher amount.
If We accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may terminate the contract, refund you any sums you have paid and require the return of any Products provided to you.
4.3. Changes to Pricing
We may vary the prices of Products listed in Our Stores at any time and without any notice, but such changes will not apply to Products in respect of which you have submitted an order.
5.1. Total Price
5.2. Payment Methods
Payment may be by:
a) Credit/debit card
If you pay with a credit/debit card, 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.
b) PayPal
I If you pay using PayPal, the PayPal
Privacy Policy available on the PayPal website will also apply. This sets out how PayPal collects, retains, processes, shares and transfers your personal data when you use PayPal’s services.
c) Klarna
We may offer Klarna as a payment method. 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. Please see the Klarna terms and conditions
here . 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 statement.
If you would like more information on Klarna please click
here.
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);
c) when you chose the option “Click & Collect”, We may charge (together with the relevant delivery charges) you when the Products have been dispatched for delivery to the relevant Swarovski Store; or
(d) when you chose the option “Buy Online & Pick Up In Store”, We may charge you immediately,
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. Any Alipay, 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 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 the Swarovski Store delivers your Product to you, you can select in the online Check-Out process your preferred delivery method from those offered for your selected delivery address. We will endeavor to dispatch your order in accordance with the estimated delivery times set out at
Shipping Options and Times, Scheduled Delivery and Regions Exempt From Delivery or as otherwise specified in the Check-Out process as you submit your order.
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.
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 the Click & Collect or Buy Online & Pick Up In Store option (where applicable), 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 option (where applicable), 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.
7.1. Cancellation Process
As a consumer, you have the right to cancel the contract of sale you have concluded with Us within 60 business days from receiving your Products without giving any reason – if you chose that the Swarovski Store delivers the Product to your designated delivery address.
Your cancellation right begins on the date you placed your order and ends 60 business days after the date you receive your order (hereinafter referred to as “Cancellation Deadline”). You must 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
UK
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 returns label and commercial invoice (enclosed in the original parcel) to the outside of the box and seal the parcel securely.
f) Take the parcel to the nearest post office and post it. The label is prepaid; therefore, the return is free of charge. Make sure you get a copy of the postal receipt for further reference.
MODEL CANCELLATION FORM
Please copy and paste the form below, complete the details and return the form either by registered post to Swarovski Ireland Ltd, 70 Sir Rogerson`s Quay, IE Dublin, Ireland or by email:
customer_relations.gb@swarovski.com.
To:
Swarovski Ireland Ltd.
70 Sir Rogerson's Quay
IE-Dublin
Ireland
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, including the costs of the least expensive type of standard delivery offered by Us (i.e. if you choose to have the product delivered at a higher cost, then We will only refund what you would have paid for the least expensive type of standard delivery offered).
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) Y 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 Swarovski Store. 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.
(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 EURO 100) will be removed if the returned product(s) brings the total order value below EURO 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.
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.
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.
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 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. 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.
11.4. If a court finds part of these GTCs illegal, the rest will continue in force
Each of the sectionss 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.Which laws apply to these GTCs and where you may bring legal proceedings
T 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 of the European Commission via their website at
http://www.netneutrals.eu. The alternative dispute resolution provider will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings
11.8. 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 April 2021
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