Customer Information and Terms and Conditions for Germany
Title:1.1. Applicability
1.2. Contracting Party
1.3. Amendment to the GTCs
2. Acceptance of Purchase Orders
2.1. Invitation
2.2. Registration Process
2.3. Ordering Steps
2.4. Pre-Order
3.1. General Availability
3.2. Click & Reserve
3.3. Buy Online & Pick Up In Store
3.4. Click & Collect
4. Prices and Additional Costs
4.1. Prices of Products
4.2. Mispricing
4.3. Changes to Pricing
5.1. Total Price
5.2. Payment Methods
5.3. Debit
5.4. Payment Conditions
5.5. Consents
5.6. Currency
6. Delivery and Reservation of Title
6.1. Delivery
6.2. Reservation of Title
7.1. Cancellation Process
7.2. Effects of Cancellation
11. 1. We may transfer this contract to someone else
11.2. You need Our consent to transfer your rights to someone else
11.3. Nobody else has any rights under these GTCs
11.4. If a court finds part of these GTCs illegal, the rest will continue in force
11.5. Even if We delay in enforcing these GTCs, We can still enforce Our rights later
11.6. Intellectual Property Rights
11.7. Which laws apply to these GTCs and where you may bring legal proceedings
11.8. Online dispute resolution for consumers
11.9. Export Control and Sanctions
11.10. Special Terms and Conditions for Creators Lab Products
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 orders through https://www.swarovski.com/de-EN, mobile websites and applications owned by and / or operated by or on behalf of Swarovski Crystal Online AG on behalf of Swarovski (Deutschland) GmbH and / or any and all other legal entities within the Swarovski Group of Companies, unless provided otherwise on the respective website (hereinafter referred to as the Websites"). Swarovski Crystal Online AG on behalf of Swarovski (Deutschland) GmbH 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) from the Websites. By ordering Our Products, you indicate that you consent to and shall comply with:
a. these GTCs
b. Our Websites Terms of Use; and
c. Our Privacy Policy
and you confirm that you are competent to enter into legally-binding contracts and are of the required age in your country to enter into legally binding contracts. 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 Websites for the sale of goods via the Internet, are operated by:
Swarovski Crystal Online AG
Alte Landstrasse 411
8708 Männedorf
Switzerland
Company Registration Number: Handelsregister Zurich, HRB CH-020.3.023.942-2
VAT number in Switzerland: 231'288
Legally represented by its Managing Director: Michele Molon
On behalf of
Swarovski (Deutschland) GmbH
Hüttenstrasse 27
87600Kaufbeuren
Germany
Company Registration Number: HRB 5963, Kempten / A
VAT number in Germany: DE 180 813 287
Legally represented by its Managing Director: Christoph Storck
In the unlikely event that you have any complaints about any Products purchased from the Websites 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_Service_DE@Swarovski.com.
If you select a shipping destination in the United Kingdom or outside of the European Union, please be informed that the respective country Terms and Conditions shall apply to your purchase and use of the Websites. A link to the applicable Terms and Conditions will be displayed at the respective country Websites and the check-out page. Furthermore, please note, that the invoice address needs to be in the country of the delivery destination.
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 the Websites. 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 Websites.
2. ACCEPTANCE OF PURCHASE ORDERS
2.1. Invitation
Please note, that all Products offered on the Websites 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 may not accept your order in the following cases:
a) non-availability of Products displayed on the Websites;
b) incorrectly priced Products on the Websites;
c) incorrectly described Products on the Websites;
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.
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 unauthorised use of your password or if your password becomes available to an unauthorised party.
Without prejudice to Our other rights and remedies, We may suspend your access to the Websites without liability to you, if in Our reasonable opinion, such action is necessary for safeguarding the Websites.
You agree that the content you provide when you register on the Websites is not misleading and is true, accurate and complete in all respects and you will notify Our Customer Service via email to Customer_Service_DE@Swarovski.com of any changes to that content.
b) In the event prolonged inactivity causes your connection to the Websites 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 Websites 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 Websites may affect the colours of the Products displayed on the Websites 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:
(a) an email confirming that the Products ordered have been dispatched; or
(b) 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 this confirmation email; or
(c) 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 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 - 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.
(e) 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, 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”, “Buy Online & Pick Up In Store” or Pay by Link, 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 or cancel your order. In case you wish to cancel your order please contact Our Customer Service via email: Customer_Service_DE@Swarovski.com. 2.4. Pre-Order
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 delivery options offered on the 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. 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 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 Websites (“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. lit. g), (c). You can purchase the Product in the applicable Swarovski Store. Prices in the Swarovski Stores may vary from the Prices displayed on the Websites.
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) days of Us sending you a confirmation email, in accordance with section 2.3. lit. g), (d), 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 fourteen (14) business days of Us sending you a confirmation email, in accordance with section 2.3. lit. g), (b), 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
All prices of Products on the Websites are the prices for the Products only. They include any VAT (or other sales taxes) payable but do not include the charge for delivery (if any). Please see Our information on Shipping Options and Times, Scheduled Delivery and Regions Exempt From Delivery.
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.
If your credit/debit card or other method of payment is not denominated in the currency of your purchase, the final price will be charged in the currency of your card. This will be calculated and charged by your card issuer. Swarovski has no control over these charges and cannot predict the amount. Please contact your issuing bank for further information before placing your order.
4.2. Mispricing
Please note, that if a Product's correct price is lower than the price stated on the Websites, subject to Our right to refuse an order pursuant to these GTCs, We will charge the lower amount and send you the Product.
If a Product's correct price is higher than the price stated on the Websites, We will, at our discretion, contact you for your instructions before We accept your order. 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 on the Websites 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
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.). Find out more about Shipping Options and Times, Scheduled Delivery and Regions Exempt From Delivery.
The total price for Products ordered is due when you submit your order through the Websites.
5.2. Payment Methods
Payment may be by:
a) Credit/debit card / Pay by Link
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. 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.
If your credit/debit card is not denominated in the currency of your purchase indicated on the Websites, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank and therefore We shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer charging you in a different currency other than the currency of your purchase as displayed on the Websites.
b) PayPal
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
In certain countries We may offer Klarna as a payment method. Depending on the country-Websites 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. Please see the Klarna terms and conditions here. Please kindly 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 statement.
If you would like more information on Klarna please click here.
d) Purchase on Account / Payment by Installments
For customers from certain countries We offer the option Purchase on Account / Payment by Installments.
*For the purposes of offering the payment method Purchase on Account / Payment by Installments We are cooperating with “payolution GmbH”, Columbusplatz 7-8, 1100 Wien, Austria, (hereinafter referred to as “payolution”) and “Bank Frick AG Landstrasse 14 9496 Balzers Lichtenstein" (hereinafter referred to as “Bank”), whereby an assignment of claim is made to the Bank and the following shall apply:
General remarks
1. We offer the payment type "payment by invoice" for our customers. For this purpose, an assignment of claim is made to the Bank Frick AG Landstrasse 14 9496 Balzers Lichtenstein (hereinafter "Bank").
2. The payment by invoice option is only available to consumers from 18 years old. With this service, you can purchase goods via the internet and will only need to pay after actually receiving the goods and the invoice.
3. The goods purchase contract shall only be formed between you and /us. The performance of the purchase contract is also subject to the agreements you reach with us. In particular, We remain responsible for general customer enquiries (e.g. on goods, delivery times, shipping), returns, complaints, warranty claims, any withdrawals from contract and for credit notes. When you choose payment by invoice, these terms and conditions shall apply in addition to the agreements and the GTCs you agree with Us within the scope of the purchase contract.
4. For the completion of a payment by invoice, we shall assign our claim against you for the payment of the purchase price to the Bank. You are hereby informed of this assignment of claim. In order to constitute full discharge of debts, all payments must be made to the Bank to the account indicated to you for this purpose. Goods shall remain the property of the Bank until full payment has been made.
5. payolution GmbH (https://www.unzer.com/en/unzer-payments/ ) is acting as the technical service provider and the service provider to verify your creditworthiness for the payment by invoice.
Payment modes
6. Should you withdraw from the purchase contract on the basis of a special agreement with Us or on the grounds of statutory provisions, return the goods, claim a price reduction or have any other reason not to make your payment, whether in whole or in part, the Bank shall in this case reassign the claim against you to Us. A definitive agreement on the payment will then be reached with us, or the contract cancelled.
Warning: consequences of outstanding payments
7. For delayed payments for payment by invoice, interest on arrears to the amount agreed and costs for appropriate warnings shall be payable. In the event of an unsuccessful internal dunning process, the Bank may transfer the outstanding claim to a debt collection agency for collection. In this case, you may be charged legal costs by debt collection agencies and if necessary for legal representation.
8. Should a provision of these GTCs be invalid, this shall not affect the validity of the other provisions of these GTCs.
Please see the Privacy Policy of payolution here.
e) Other payment methods
You will see the different payment methods offered by Us at the Check-Out page and you can choose a payment method available in your country. We reserve the right, to add or remove payment methods from time to time to Our discretion. You may settle Our claims for payment only by using uncontested or final and unappealable receivables.
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 you (together with the relevant delivery charges) 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.
5.6. Currency
We accept payment in the payment currency specified for the country of your selected delivery destination. For more info see Shipping Options and Times, Scheduled Delivery and Regions Exempt From Delivery.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Websites, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Websites.
6. DELIVERY AND RESERVATION OF TITLE
6.1. Delivery
In the Check-Out process you can select 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. 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 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 at any time during the opening hours of the relevant Swarovski Stores. Please use Our Swarovski Store finder page 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.
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 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 on the Websites 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 thirty (30) days from receiving your Products without giving any reason.
Your cancellation right begins on the date you place your order and ends thirty (30) 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) Please inform Us:
Swarovski (Deutschland) GmbH
Hüttenstrasse 27
87600 Kaufbeuren
Germany
Email: Customer_Service_DE@Swarovski.com
For purchases via Pay by Link, please return the Product to the Store you have ordered your Product from.
To meet the Cancellation Deadline, it is sufficient for you to send your information to cancel an order (via email or letter) before the Cancellation Deadline 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 (not applicable for purchases with Pay by Link. Please address the return parcel to the address stated above) 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 (not applicable for purchases with Pay by Link); therefore, the return is free of charge (not applicable for purchases with Pay by Link);. 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_Service_DE@Swarovski.com and We will send you a new label.
MODEL CANCELLATION FORM
Please copy and paste the form below, complete the details and return the form either by registered post to Swarovski (Deutschland) GmbH, Hüttenstrasse 27, 87600 Kaufbeuren, Germany or by email: Customer_Service_DE@Swarovski.com.
To:
Swarovski (Deutschland) GmbH
Hüttenstrasse 27
87600 Kaufbeuren
Germany
Email: Customer_Service_DE@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, 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) Your refund will be made within thirty (30) days from the day on which We receive the Product(s) back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Product(s) back to Us.
(d) Where you have paid any duties or taxes directly to the relevant authorities on the importation of 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) 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.
(f) Please retain your delivery note until you have received your refund.
(g) If the item which you are returning was purchased in a currency other than your local currency, any refund will be paid in the same currency as purchased. Due to fluctuations in currency exchange rates the amount refunded may be higher or lower than the original price paid.
(h) Vouchers and customized Products can generally not be replaced or returned.
(i) It is not currently possible to return Products purchased in Swarovski Stores through the Websites.
(j) 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.
(k) 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 EUR 100) will be removed if the returned product(s) brings the total order value below EUR 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_Service_DE@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_Service_DE@Swarovski.com.
9. LIABILITY
Swarovski is only liable to you for damage caused intentionally or by gross negligence.
This limitation of liability does not exclude Our liability (i) for death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.
Subject to the above, We will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these GTCs for any:
- economic losses (including without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
- loss of goodwill or reputation; or
- special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these GTC.
The limitations of liability also do not apply to the breach of cardinal obligations, i.e. to those obligations that are essential to these GTCs, which, if disregarded, would jeopardize the achievement of the contractual purpose. However, liability for slightly negligent breaches of cardinal obligations is limited to typical and foreseeable damage..
Subject to the above, the aggregate liability under the GTCs whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Products you have ordered from Us.
10. DATA PROTECTION
Your personal data will be processed in accordance with 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.
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. 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 Websites, 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 Websites should be construed as granting any license or right to use any Content displayed on the Websites.
You may freely browse the Content on the Websites, but you are only permitted to download, view or use such Content from the Websites 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 Websites or its Content nor incorporate the Websites 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.
11.7. These GTCs are governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Munich is the exclusive venue for all disputes that may arise from or in connection with these GTCs. This does not affect your legal rights as a consumer in the country in which you are located. Swarovski (Deutschland) GmbH is also authorized to sue at the customer's location.
11.8. Online dispute resolution for consumers
The consumer resident in Germany must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). 11.9. 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.
11.10. Special Terms and Conditions for Creators Lab Products
Swarovski may from time to time offer selected limited and exclusive products made with Swarovski crystals from B2B customers of Swarovski. Kindly note that the following special terms will apply: Delivery options, regions and times may vary from our standards and will be further specified on the product detail page. For Creators Lab Products sold online we are only able to accept online returns. This also applies to any returns of defective products. Please note that we might not be able to repair or replace the product. In such case, we will provide a full refund. Click & Collect and the “Buy Online & Pick up in Store” options may not be available for the Creators Lab Products.
Last revised on 16th August 2021
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SWAROVSKI and the SWAN logo are registered trademarks of Swarovski AG