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客戶資訊、條件及條款 - 香港
1. 承約

本網站 www.swarovski.com.hk (“網站”)由施華洛世奇水晶線上公司(Swarovski Crystal Online AG)(“施華洛世奇”)提供,公司地址為Alte Landstrasse 411, Postfach 481, 8708 Männedorf/Switzerland。取覽本網站或其任何網頁,就意味著您同意下列條款和條件,它們可能不時更改。就此,施華洛世奇保留不時修改這些條款和條件的權利。如果您不滿意這些網頁的任何部分或任何或全部條款和條件,您唯一的、專有的權力是停止取覽本網站。

2. 資訊和資料的使用

如果在某一國家對某一人而言,從本網站發出出售的要約或要約邀請構成違法,則本網站在該國對於該人不應被視為出售的要約或要約邀請

3. 版權和商標

本網站展示的商標、商號、圖示和服務標記為施華洛世奇公司或其他方所有,未經施華洛世奇公司或擁有者書面允許不得使用。

本網站資料受版權保護。您取覽這些資料僅限於您個人使用的目的。未經我們事先書面同意,不得將任何這些資料作商業或公共目的更改、複製、在檢索系統存儲、傳輸、備份、傳播或以任何其他方式使用。

4. 資料保護

我們將以公平合法手段處理您的個人資料。資料將以電子和自動方式進行處理。我們僅將您的個人資料用於市場調研,以便改進我們的網站和產品類別,並將向您通報我們的市場活動。資料的存儲和處理由位於數個國家的施華洛世奇以及施華洛世奇集團成員公司進行,當中主要包括設在瑞士、奧地利和列支敦士登的公司總部。一旦您向我們登記了任何資料,就意味著您同意在未經您事先要求的情況下,我們可以通過電話或電子訊息與您直接聯繫。通過向我們登記,您也明確同意對您個人資料的上述使用。不給予上述同意您就不能登記,但您依然可以使用我們網站上無需登記的部分。您可以隨時聯繫我們的 客戶支援 以取消對於存儲和處理您個人資料的同意,取消將對未來生效。

5. 未成年人

施華洛世奇無法識別其網站取覽者和使用者的年齡。如果未成年人未經家長或監護人同意就向施華洛世奇提供個人資料,則有關家長或監護人應與我們的客戶支援聯繫,刪除並登出相關資料。

施華洛世奇或施華洛世奇集團任何其他成員公司均不對與本網站鏈結的任何其他網站的設置或內容負責。用戶需自行承擔取覽其他網站的風險,且受到對有關取覽適用的任何條款和條件的制約。儘就提供其他網站的超連結,施華洛世奇或施華洛世奇集團任何成員不應被視為對任何第三方或其在其網站上提供的服務/產品做出任何贊同、推薦、批准、保證或介紹,也不應被視為與該等第三方和網站有任何形式的合作。除非經施華洛世奇另行明確註明或同意,施華洛世奇並非您和外界網站供應商之間訂立的任何合同安排的一方。

鑒於互聯網的性質,交易可能受到中斷、傳輸停頓、傳輸延遲和傳輸資料錯誤的影響。對於施華洛世奇無法控制,可能影響您發送的資訊和交易的準確性或及時性的通訊設施故障,施華洛世奇不承擔責任。

施華洛世奇保留權利限制可售予顧客的產品數量(或某項 SKU 的數量)

若合理地相信顧客違反此等條款與細則,又或顧客從事欺詐或其他刑事活動,則施華洛世奇保留權利拒絕顧客的訂單。

8. 下載

我們對下列事項不作出任何陳述或保證:本網站可供使用且滿足您的要求,對網站的取覽不會被中斷,資訊的傳輸不會出現延遲、故障、差錯、遺漏或丟失,不會傳播病毒或其他具感染性或破壞性的特性,及您的電腦系統不會受到損害。您有全部責任對資料和/或設備提供充分保護和備份,並採取合理及適當預防措施掃描電腦病毒或其他破壞性特性。對於可能用於本網站的任何第三方軟體的準確性、可用性或性能,我們不做任何陳述或保證。

9. 免責聲明

儘管本網站所含之資訊資料是細心準備的,這些資訊和資料僅照“現狀”提供且沒有任何明示或默示的保證。尤其對於該等資訊和資料的無侵權、安全性、準確性、適宜於某一目的或沒有電腦病毒,不提供任何保證。施華洛世奇保留隨時更改網頁或取消對其取覽的權利。

取覽及/或使用從這些網頁獲取、由這些網頁提供或經這些網頁取得的任何資訊或資料,意味著您同意施華洛世奇將不會對您或任何他人就產生于或相關於此等資訊和/或資料的任何使用的任何直接、間接或後繼損失承擔任何責任,無論這些資訊和/或資料是從這些網頁獲取或提供的,還是您通過本網站提供的鏈結取覽互聯網上的其他資料而取得的。

上述除外情況和限制僅在法律允許的範圍內適用。

10. 其他適用條款

本網站中的某些網頁可能受到該網頁上標明的額外條款的約束。

11. 管轄法律和爭議解決

這些條款和條件受瑞士法律管轄。各方均服從蘇黎世州法院的非獨佔司法管轄權。

12. 一般性規定

如果這些條款和條件中任何部分被認定無法執行,則該無法執行的部分應盡可能被賦予最大限度的效力,且其餘部分應保持全面效力。

這些條款和條件的英文版本凌駕於任何中文版本(如有)。中文版本僅用作資料提供

CUSTOMER INFORMATION AND TERMS AND CONDITIONS

 

Please note that Online Shopping is not available in this country. You can view the website but it is not possible to make an order.

1. Applicability
These general terms and conditions apply to all orders through www.swarovski.com ("the Website"). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that you are competent to enter into legally-binding contracts and are at least 18 years old. We recognise rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.

2. Contracting Party
This Website for selling goods over the Internet is run by Swarovski Crystal Online AG, Alte Landstrasse 411, CH-8708 Männedorf, Switzerland. This is where you can place complaints or assert statutory warranty claims.
You can reach our Customer Service on any issues at: Customer_Service_LI@Swarovski.com

 

 

3. Formation of Contract
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Swarovski Crystal Online AG. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.

You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorised credit protection associations, credit institutions and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.

4. Availability
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor. 

There is no liability for lack of items in stock or for products not being available. 

Any commercial resale or distribution of Swarovski products sold on the Website is strictly prohibited.

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.

Please note that after your order is confirmed, no requests to change or cancel it can be considered.

5. Reservation of Performance for Undeliverable Goods
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.

6. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the checkout process. 

Swarovski products are sold by Swarovski Crystal Online AG, which has its headquarters in Switzerland. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.

7. Payment conditions
The purchase price for goods ordered is due when you place your order through Swarovski Crystal Online. Payment may be by credit card (by entering your card data on the Website) or for customers from Austria, Germany or Switzerland (including Liechtenstein) on account. You may settle our claims for payment only by using uncontested or final and unappealable receivables. 

If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.

Prepayment:

For special orders (e.g. high order amount, Limited Editions) Swarovski offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately. 

Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers. 

If the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Swarovski has the right to cancel your order. 

An invoice will also be sent with your parcel. Prepayment is not available for Electronic Gift Cards.

8. Delivery and Reservation of Title
The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 5-7 working days after the working day following your order. Please allow an additional delivery time of 2-3 working days for customised products. You can find our holidays, on which no orders are processed, in our Online Shop Assistant. If you so request, we will make efforts to deliver the goods at a specific time, but generally cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property.

Upon receipt the shipment must be checked for accuracy and completeness.

9. Right to Cancel
As a consumer, you may cancel your order without indicating any reasons within 14 days after receipt of the goods, thereby withdrawing from the contract. The 14-day period starts on the day after you receive the goods. If you exercise this right in a timely fashion, you are no longer bound by your order. Customised products are excluded from the right to withdraw.

You can find additional information and assistance in returning items that have been ordered and the return address for your country on our Website under “Customer Service – Return Policy”. The cancellation may be sent in writing or on another long-lasting storage medium to the address in clause 2 above or by sending the goods to the address listed on our Website under "Customer Service – Return Policy". Timely sending is sufficient to meet the deadline. The products must be in original condition with their original packaging and the return voucher must be attached to the products. 

If you cancel an order, you are obligated to return the goods to the address listed on our Website under "Customer Service – Return Policy“. Shipment is at the cost and risk of Swarovski Crystal Online AG, but for orders up to EUR 40, you must pay the regular costs (uninsured standard shipment) for the return shipment unless the goods delivered were not the ones ordered. The return shipment must be made no later than 14 days after cancellation has been announced. 

The costs will be reimbursed only if the goods are received unused and in original condition at the address indicated above. Please note that if you pay by Gift Card, the amount paid can be reimbursed only as a voucher. If partial payment is made by voucher, the voucher will first be recharged and then you will be credited. 

You must pay the ordinary costs for return if the goods delivered are the ones ordered and the price of the item to be returned is EUR 40 or less or, if the price of the item is higher, you had not paid the consideration or a contractually-agreed partial payment at the time you cancelled the contract. Otherwise, returns are free of charge for you. 

We will reimburse costs to ship to you and to return to us (if the cost of the goods is over EUR 40) only up to the amount of standard costs. 

Vouchers and customised products can generally not be replaced or returned.

It is not currently possible to return goods purchased in Swarovski shops through the Website.

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 100) will be removed if the returned product(s) brings the total order value below 100.

10. Warranty
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or - if the goods are still deliverable - that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that. 

For After Sale Services, please go to the local Customer Service offices listed on our Website under "Customer Services - After Sales Service”. 

The warranty period is two years from the time the goods are received.

11. Liability
Swarovski Crystal Online AG is only liable to you for damage caused intentionally or by gross negligence. 

This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorised actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb. 

Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Swarovski Crystal Online AG.

12. Severability Clause
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.

13. Prohibition against Assignment
You may assign your rights under this contract to third parties only with the consent of Swarovski Crystal Online AG.

14. Applicable Law
Contracts entered into under these General Terms and Conditions are subject to Swiss law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Zurich is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Swarovski Crystal Online AG is also authorised to sue at the customer's location

15. 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.
 

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