TERMS & CONDITIONS
CUSTOMER INFORMATION AND GENERAL TERMS AND CONDITIONS FOR DISTANT SALE IN THE UNITED STATES OF AMERICA (“USA”) VIA PAY BY LINK
These general terms and conditions of distant sale in the USA via Pay by Link and any policies or documents to which a link is provided herein (hereinafter referred to as “Pay by Link GTCs”) apply to all purchases by consumers via Pay by Link in the USA. By your use of Pay by Link or purchase of our products (“Products”) through Pay by Link, you agree to these Terms and Conditions. Please read them carefully. By using Pay by Link or purchasing Products through Pay by Link, you agree that all agreements, notices, disclosures and other communications that Swarovski provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing by Swarovski Retail Ventures Limited and/or any and all other legal entities within the Swarovski Group of Companies will be referred to hereinafter as “Swarovski”/“We”/“Us”/“Our”.
Read these Pay by Link GTCs carefully before ordering Swarovski Product(s). By purchasing Our Product(s) via Pay by Link, you indicate that you consent to, and shall comply with:
a. These Pay by Link GTCs;
d. To the extent applicable to the purchase of Products through Pay by Link and not in conflict with, or superseded by, these Pay by Link GTCs, the Swarovski Digital Business USA Inc. Customer Information And Terms & Conditions For U.S.A. You confirm that you are competent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 seller of Swarovski Products via Pay by Link in the USA is:
Swarovski Retail Ventures Ltd.
One Kenney Drive
Cranston, Rhode Island 02920 USA
Registration number with the Rhode Island Secretary of State: 000068760
Federal Employer Identification Number (Tax number): 05-0466595
All complaints or warranty claims may be sent to this address. Swarovski's customer service department may be contacted using the following contact information:
Phone: + 1-800-426-3088 (Monday – Friday, 9:00 am - 6:00 pm, EST)
If you have any complaints about any Product(s) purchased via Pay by Link from store(s) in operated by Swarovski Retail Ventures Ltd. (hereinafter referred to as the “Store(s)”), you can contact Us in the Store from which you made your Pay by Link purchase or any of Our Store(s) in the USA, or via email at the Customer Relations email address listed above. Use Our Swarovski Store finder page at Swarovski Store Finder – Find a Store Near You for information on locations and opening hours.
We may impose eligibility rules regarding the use of Pay By Link from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use Pay By Link or Products if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
Swarovski only sells Products to adults over the age of 18 through the telephone who can purchase its Products using an approved method of payment, which Swarovski, in its sole discretion, may change from time to time. By purchasing a product using Pay By Link, you represent to Swarovski that you are an adult and that you are authorized to make the purchase using the payment information you provide. If you are under 18 years of age, then do not use this Website or purchase Products without the consent of your parent or guardian. If We have reason to believe that you do not fulfill any requirements mentioned herein, We reserve the right to cancel your order.
1.3. Amendment to the Pay by Link GTCs
We reserve the right to make changes to the Pay by Link GTCs at any time and any changes will be effective from the publication of the new Pay by Link GTCs on the Website. You, and any use of this Website or Product purchase, will be subject to the version of the Pay by Link GTCs in force at the time you order or purchase Products via Pay by Link.
2. ACCEPTANCE OF PURCHASE ORDERS
By placing any order from a Store via Pay By Link you enter into a binding offer to purchase Products; however, all orders submitted by you are subject to acceptance by Us.
We are free, without liability, to refuse your offer to purchase for any reason in compliance with applicable laws. We may choose to not accept your purchase offer at our discretion, including for the following reasons:
a) non-availability of Product(s);
b) incorrectly priced Product(s);
c) incorrectly described Product(s);
d) if We are unable to obtain authorization of your payment;
e) if We receive a negative credit alert when you pay by your credit card;
f) if there is reason to believe that you are in breach of the Pay by Link 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 offer to purchase, We will inform you of this and will not charge you for the Product(s).
Note that We do not accept orders from or deliver to addresses outside of the USA.
2.2. Ordering Steps (when ordering by phone)
As stated above in Section 2.1, all orders are subject to acceptance by Us. Item availability, prices and delivery options may vary depending on the delivery destination.
After you submit your binding offer to purchase Products 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 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.Note that variations in both the manufacturing processes We use and the display properties of the computer hardware you use to view the selection of Product(s) may affect the colors of the Product(s) 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.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.If you change your mind once you have purchased the Product(s), see section 7 for your rights to return the Product(s) and receive a refund.
3.1. General Availability
Products are available as long as they are in stock. The level of stock availability may be provided to you by the respective Store you call and will be updated regularly. It does not guarantee that the Product(s) checked will be available when you place your order.
We reserve the right to change the Product(s) offered for sale in Our Store(s) at any time without notice (but such changes will not apply to Product(s) in respect of which you have submitted an order). We reserve the right to limit the number of Product(s) (or the number of a particular SKU) that may be sold to you.
In the unlikely event the Products you have ordered are not available, We will notify you and you will be reimbursed via the payment method used to purchase the Product(s).
We are not liable if certain Product(s) are not in stock or are not available.
4. PRICES AND ADDITIONAL COSTS
4.1. Prices of Product(s)
All prices of Product(s) in Our Store(s) are the prices for the Product(s) only. They do not include any taxes payable or the charge for delivery (if any).
The total price of your order, including all ancillary and delivery costs, will be confirmed at the end of your order 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 order process.
Swarovski attempts to share accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Swarovski reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Swarovski will inform you of the error at which time you may cancel or reaffirm your order at your option.
4.3. Changes to Pricing
We may vary the prices of Product(s) listed in Our Store(s) at any time and without any notice, but such changes will not apply to Product(s) in respect of which you have submitted an order.
5. PAYMENT TERMS
5.1. Total Price
The total price for Products ordered via Pay By Link is due when you submit your selected payment method and payment information through the Pay By Link link. The total price for your order will be the purchase price of the Product(s) you have chosen including taxes and any additional costs (i.e. delivery costs etc.).
When Swarovski is required by law to collect applicable taxes relating to your order, you authorize Swarovski to charge the applicable taxes to your selected payment method.
5.2. Payment Methods
If you choose to purchase Product(s) via Pay by Link, payment will be by credit/debit card.
If you pay with a credit/debit card, you confirm that the credit/debit card that is being used is yours and is valid, and that all the credit/debit details you provide to Us, including payment information, 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 authorize 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 Occurrence
We may charge you immediately for Product(s) (together with the relevant taxes and delivery charges, if you choose delivery) once you access the Pay by Link link, complete and submit your name, address, and payment details, and your order is confirmed.
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.
We only accept payment in the form of USA currency.
6. DELIVERY AND RESERVATION OF TITLE
Your Product(s) will be delivered to the delivery address you provide by Our contracted delivery service. We will endeavor to dispatch your order in accordance with the estimated delivery times set out at Shipping Terms and Conditions 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. Ensure that you provide a valid and correct shipping address. We cannot be held responsible if that delivery address is incorrect or incomplete.
Changes to the shipping address are not permitted once your order has been placed.
If Our supply of the Product(s) 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 minimize 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.
Note, that We do not deliver to hotels or PO boxes or APO/FPO addresses.
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 Product(s) remain Our property.
With receipt of the Product(s) all risk of damage to, or loss of, the Product(s) shall pass to you.
7. RETURNS PROCESS
It is not currently possible to return Product(s) purchased in Swarovski Store(s) through the Swarovski Website. Unwanted items purchased via Pay By Link can be returned to a Swarovski Store.
You may return your Pay By Link order in store up to 14 days after receipt (with the exception of Gift Cards and Swarovski Masks if unpacked, due to hygienic reasons). We shall reimburse to you all payments received from you, excluding delivery costs, if any. 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. 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.
Allow approximately fourteen (14) business days for Us to complete the returns process. Refunds can take up to ten (10) business days to show on your account.
For more information on our return process for returns of Product(s) purchased via Pay By Link contact Swarovski's customer service department. Swarovski's customer service department may be contacted seven days a week, between 8:00 am and 1:00 am EST at the following telephone numbers:
Phone: + 1-800-426-3088
Where you have paid any duties or taxes directly to the relevant authorities on 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.
Vouchers and customized Products can generally not be replaced or returned.
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. Additionally, 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 US$100.00) will be removed if the returned Product(s) brings the total order value below US$100.00. In case of a promotion with staggered prices, always the lowest amount will be refunded. For Product(s) 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, 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. LIMITED WARRANTY
For Swarovski in the US, we offer a one year warranty for Jewelry and Accessories and a two year warranty for all other products. ANY WARRANTY IMPLIED BY STATE LAW ON THIS PRODUCT IS ALSO LIMITED IN DURATION TO THE LENGTH OF THIS EXPRESS WARRANTY. Some states, including New Jersey, do not allow limitations on how long an implied warranty lasts. Accordingly, if you live in these states, the above limitation on implied warranties does not apply to you.
Our warranty policy can be found here.
Swarovski's customer service department may be contacted seven days a week, between 8:00 am and 1:00 am EST at the following telephone numbers:
Phone: + 1-800-426-3088
For After Sale Services, contact: firstname.lastname@example.org.
Nothing in these Pay by Link GTCs shall have the effect of excluding or limiting in any way Our liability to you where it would be unlawful to do so. The rights of the consumers based on the consumer protection laws and product liability regulations in force are not affected by these Pay by Link GTCs.
IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, SWAROVSKI SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 3) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. AS SOME STATES OR JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME DAMAGES, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THIS AGREEMENT. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, SWAROVSKI SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY YOU, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT(S).
Notwithstanding any language in this Section 9 to the contrary, Swarovski agrees that the limitation on liability for actions under or related to this Agreement will not apply to claims brought by New Jersey consumers for damages caused by Swarovski’s intentional, reckless or grossly negligent conduct.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND SWAROVSKI MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
You and Swarovski agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of these Pay by Link GTCs, your use of the Pay by Link service, or to any products or services sold or distributed by Us or through the Pay by Link will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Swarovski Digital Business USA Inc., Attn: Swarovski General Counsel, One Kenney Drive Cranston, Rhode Island 02920 USA . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the U.S. You or Swarovski may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Swarovski subject to the arbitrator's discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Swarovski customers, but is bound by rulings in prior arbitrations involving the same Swarovski customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.
The seat of arbitration shall be Providence, Rhode Island. The applicable law in such arbitration shall be that of Rhode Island.
The language of the arbitration shall be English.
10.2 Prohibition of Class, Representative, or Consolidated Actions
You and Swarovski agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Swarovski agree otherwise, the arbitrator may not join more than one party's claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Swarovski customers.
If for any reason a claim proceeds in court rather than in arbitration both you and Swarovski each waive any right to a jury trial. You and Swarovski also both agree that you or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to defend, indemnify and hold harmless The Swarovski Group, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Pay by Link service or Products; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of your Content or Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Pay by Link. This defense and indemnification obligation will survive this Agreement and your use of Pay by Link.
11. DATA PROTECTION
12. OTHER IMPORTANT TERMS
12. 1. We may transfer this agreement to someone else.
We may transfer Our rights and obligations under these Pay by Link GTCs to another Swarovski legal entity or third party with whom We have a legal relationship with. We will ensure that the transfer will not affect your rights under these Pay by Link GTCs.
12.2. You need Our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Pay by Link GTCs to another person if We agree to this in writing.
12.3. Nobody else has any rights under these Pay by Link GTCs
These Pay by Link GTCs are between you and Us. No other person shall have any rights to enforce any of its terms. These Pay by Link GTCs contain the entire agreement between you and Us and supersedes all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
12.4. If a court finds part of these Pay by Link GTCs illegal, the rest will continue in force
Each of the paragraphs of these Pay by Link 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.
12.5. Even if We delay in enforcing these Pay by Link 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 Pay by Link GTCs, or if We delay in taking steps against you in respect of your breaking these Pay by Link 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.
12.6. These Pay by Link GTCs may change.
We reserve the right to make changes to the Website and these Pay by Link GTCs at any time by updating this posting. By using the Website and the Pay by Link service, you agree to be bound by the Pay by Link GTCs in effect at the time of your use or purchase. You may not modify, supplement, delete, or amend these Pay by Link GTCs in any manner without the express written agreement of Swarovski.
12.7. Excusable non-performance by Us.
If the performance of any of these Pay by Link GTCs or any obligation hereunder by Swarovski is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; (vii) epidemics; pandemics; communicable disease emergencies; or (viii) any other cause beyond its reasonable control, to the extent permitted by applicable law, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The Section headings used in these Pay by Link GTCs are for convenience only and do not form a part of these Pay by Link GTCs and no construction or inference shall be derived from them.
12.9. 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 the Website, including but not limited to text, typefaces, names, product designs, logos, images, graphics, videos music, sounds, artworks, data, software, photographs, and other material (hereafter referred to as “Content”). All content is copyrighted as a collective work under the U.S. copyright laws and Swarovski owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Nothing contained on the Website should be construed as granting any license or right to use any Content displayed on the Website. Except as expressly authorized or licensed, you may not copy, modify, from or in any way exploit any of the content, in whole or in part.
You may freely browse the Content on the Website, but you are only permitted to download, view or use such Content from the Website 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, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works or change the Website or its Content nor incorporate the Website or its content into any other website, online platform or similar. Any commercial use is forbidden without prior written permission from Swarovski.
12.10. Applicable Law and Venue. Pay by Link GTCs
These Pay by Link GTCs are governed by the laws of the state of Rhode Island without giving effect to any conflict of laws principles. Swarovski reserves the right to make changes to these Pay by Link GTCs at any time by updating this posting. By using the Pay By Link service, you agree to be bound by the Pay by Link GTCs in effect at the time of your use or purchase.
Pay by Link GTCs12.11 Notice to New Jersey Residents
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. These Pay by Link GTCs are not intended to vary, diminish or alter your rights under New Jersey law as they relate to limitations of liability or exculpation, dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties, contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Pay by Link GTCs and New Jersey law, New Jersey law will govern.
12.12. 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 certify that the present Purchase Order 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”)”. If your order of Products violates this clause or any trade law or export control regulations or sanctions, Swarovski will not be obliged to deliver any Products nor will any compensation for non-performance be due. Open orders shall be rescinded immediately. Any compensation for non-performance shall be excluded.
Last revised in October 2021
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