Terms & Conditions UK
The Terms and Conditions set out below apply to all use of the Swarovski UK Ltd. (“Swarovski”) website www.atelierswarovski.com (the “Website”) and to the purchase of Swarovski products (“Products”) through the Website.
Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from our Website.
By using the Website or purchasing Products through the Website, you:
● agree to and accept these Terms and Conditions, and acknowledge that you are bound by them; and
● 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.
You should print a copy of these Terms and Conditions for future reference.
If you do not accept these Terms and Conditions then you will not be able to purchase any Products through the Website.
2. Your Order
Swarovski only sells Products to persons over 18 years old who can purchase Products using a Sage Pay account.
Our Website is only intended for use by persons resident in the UK or the Channel Islands. We cannot accept orders from addresses outside the UK or the Channel Islands.
By purchasing a Product using this Website, you confirm to Swarovski that you are:
● at least 18 years of age;
● authorized to make the purchase using the credit card / debit card / Sage Pay account information that you provide;
● legally capable of entering into a binding contract;
● resident in the UK / Channel Islands; and
● accessing the Website from that country.
When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Swarovski Products through your computer.
3. Formation of Contract
Offers to purchase must be submitted on the Website. Swarovski is entitled to refuse orders placed or to postpone them, at its discretion.
After placing an order for Products, you will receive an order acknowledgement (per email) from Swarovski confirming receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes a binding offer by you to Swarovski to buy a Product. All orders are subject to acceptance by Swarovski, and Swarovski will confirm such acceptance to you by sending an email that confirms that your order has been dispatched by Swarovski. The binding contract between Swarovski and you (“Contract”) will only be formed when Swarovski sends you that dispatch confirmation.
The contract only relates to those Products contained in the order whose dispatch Swarovski has confirmed by the dispatch confirmation. Swarovski is not obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate dispatch confirmation.
4. Variation to Specifications
Swarovski may change its Product specifications at any time. Information appearing online, such as color and dimensions, is indicative and will be binding only when referenced in the order acknowledgement.
Deviations due to manufacturing process are permissible.
5. Pricing and Payment
All indicated prices are in GBP (Great Britain Pounds), standard packaging included and not binding. Prices are subject to change without notice. You shall pay Swarovski’s standard prices in effect on the date of delivery. Changes to prices will not affect orders which have been accepted by Swarovski.
Prices are inclusive of VAT at the applicable rate.
The Website contains a large number of Products and, despite our best efforts, it is possible that some Products listed may be incorrectly priced. We normally verify prices as part of our dispatch procedures. Where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Website, we may contact you for instructions before dispatching the Product or reject your order and notify you that we are rejecting it.
Where the pricing error is obvious and could have been reasonably recognised by you as an error, we do not have to provide the Product(s) to you at the incorrect (lower) price.
Credit card / debit card payment is the only form of payment Swarovski accepts for Products ordered by you through the Website. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Swarovski.
On the Website, payment will be handled by Sage Pay. Swarovski accepts debit cards and major credit cards (currently all VISA and MASTERCARD products and UK DOMESTIC MAESTRO – card acceptance might be subject to change). Payment options will also be indicated on the check-out payment page of Sage Pay.
The purchase price for the Products ordered by you is due upon confirmation that your order has been dispatched by Swarovski (dispatch confirmation). Swarovski will release the charge of the purchase price of the Product(s) (including the cost of shipping and handling and applicable taxes) to the credit card / debit card account you identified when your order was placed.
You may not make any set off against Swarovski’s claim for payment unless the amount set off is not disputed by Swarovski or has been the subject of a final and binding judgment against Swarovski.
6. Parties to the Transaction, Customer Service, and Warranty Claims
Our details are:
SWAROVSKI UK Ltd, registered in England & Wales (Company No 00835806) whose registered office is at Perrywood Business Park, Honeycrock Lane, Salfords, Surrey RH1 5JQ England. Our VAT Number is GB 490360746.
All complaints or warranty claims may be sent to the following address:
Atelier Swarovski, 2nd Floor, 21 Sackville Street, W1S 3DN London, United Kingdom.
Swarovski’s customer service department may be contacted using the following contact information:
Phone: +44 (0) 1737 856 814
7. Duties and Taxes
You are responsible for all duties, taxes, custom charges, shipping, handling or other governmental charges imposed by any foreign, federal, state or local authority relating to your order (if applicable), and you authorize Swarovski to charge the applicable charges to your credit card / debit card.
8. Reservations and Exceptions
Swarovski reserves the right to change prices, terms, specifications and warranties for Products on this Website at any time without prior notice. Swarovski attempts to post accurate information, but errors may sometimes occur. Any such errors in Product specifications, descriptions, availability and/or pricing will be corrected when discovered and Swarovski reserves the right to correct any errors, inaccuracies or omissions, including after an order has been accepted. Swarovski will inform you of an error at which time you may cancel or reaffirm your order (at the correct price) at your option.
9. Product Availability
On www.atelierswarovski.com you may check whether the Product is available. Once Swarovski confirms receipt of your order, Swarovski will endeavor to promptly accept and fulfil your order subject to available stock. Should an item not be available, we will get in contact with you to offer you alternative options.
10. Delivery, Shipment and Reservation of Title
The Products ordered by you will be delivered only to the delivery address entered by you, through a delivery service selected by Swarovski. Please note that it is not possible to deliver the Products to P.O. Boxes.
All goods are dispatched from Swarovski’s office at 2nd Floor, 21 Sackville Street, London, UK and send to the delivery address entered by you. Each shipment shall be a separate and independent transaction and may be individually invoiced.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
For Products ordered on the Website and delivered within the mainland United Kingdom or the Channel Islands, you must pay the respective shipping costs for next day delivery (approximately GBP 9; the exact amount will be stated in the order acknowledgement). Next day delivery is available for orders received before 1 p.m. (GMT) Mondays to Thursdays.
11. Right to Cancel the Purchase
If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy. Your cancellation must be in writing or other durable medium. Refunds will be made as soon as possible but in any event within thirty (30) days of cancellation.
With the ordered Product you will receive a printed packing list. We request that you specify the reason for the return. Please return the Products with their original packaging, packed securely and shipped back to us, using the adhesive address-label provided and fill out the returns form online (which can be found under “View Your Order History” of the “My Account” section of the Website). The direct cost of return must be borne by you.
To cancel the purchase, you must return the Product to the following address:
c/o Online Store Returns
2nd Floor, 21 Sackville Street
London, W1S 3DN
You must take reasonable care that the Products are not lost or damaged while in your custody or during their return. The Products must be returned in the same unaltered condition as they were when delivered to you.
Where Products are supplied with hygiene seals (e.g. earrings), security tags or similar, you must exercise reasonable care by (i) not removing the seal / tag when examining the Product and (ii) refrain from trying the Product on. We are unable to accept the return of a Product with the hygiene seal / security tag damaged or removed, unless the Product has been defective and is covered by our warranty.
12. Warranty and Limitation of Liability
Swarovski warrants for a period of two years, beginning on the date of your receipt of the Products, that its Products conform with their description, are of satisfactory quality and free from defects in materials and workmanship, and are reasonably fit for the purpose of which products of that kind are commonly supplied. This warranty is extended only to you, as the purchaser of the Products, and not to any subsequent owner of the Products.
You may return any defective Product to us within two years of the date of your receipt of the Product for replacement (subject to product availability) or a full refund, at Swarovski’s option.
Please return defective Product to:
c/o Online Store Returns
2nd Floor, 21 Sackville Street
London, W1S 3DN
Include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the Products and the nature of the defect.
You are responsible for the direct costs of and arrangements for the return of the Product to Swarovski. Where Swarovski determines that your warranty claim is justified, Swarovski will refund to you the direct costs of return (to the maximum of the standard rate for sending through Royal Mail Delivery). You must take reasonable care that the Product is not damaged during the return.
Swarovski’s customer service department may be contacted, Monday to Friday, 9:00 a.m. to 5:00 p.m. (GMT) using the following contact information:
Phone: +44 (0) 1737 856 814
NOTHING IN THIS PROVISION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION OF LIABILITY
If Swarovski fails to comply with these Terms and Conditions, Swarovski is only liable to you for the purchase price of the Product(s) and for any losses that you suffer as a direct result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which were or could reasonably be foreseen as consequence of such failure (‘foreseeable losses’).
However, we are not liable for losses that result from our failure to comply with these Terms and Conditions that are a:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
Nothing prevents claims for loss of or damage to your physical property that are foreseeable losses or any other claims for loss which arise as a direct result of any breach (‘direct losses’) and which are not excluded by (a) to (f) above.
Nothing in these Terms and Conditions excludes or limits Swarovski’s liability for:
(a) death or personal injury caused by Swarovski’s negligence or that of its personnel;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
EXCEPT AS STATED IN THESE TERMS AND CONDITIONS SWAROVSKI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
THE EXPRESS WARRANTIES IN THESE TERMS AND CONDITIONS REPRESENT SWAROVSKI’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. SWAROVSKI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT(S) WHETHER FORSEEABLE LOSSES OR OTHERWISE.
The exclusion or the limitation of liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Swarovski, its Affiliates (as defined below) and its / their respective employees or authorized representatives.
NOTHING IN THIS PROVISION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
13. Transfer of Rights and Obligations
Each Contract and these Terms and Conditions are personal to you. You may only transfer (assign) or dispose of your contractual rights under any Contract and these Terms and Conditions to a third party with Swarovski’s prior written consent (which Swarovski may withhold at its discretion).
14. Applicable Law
By using this Website, you agree that the laws of England shall govern any Contract and these Terms and Conditions, and that any disputes will be subject to the non-exclusive jurisdiction of the courts of England.
Swarovski has the right to make changes to the Website and to these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your purchase.
Swarovski will process your name, address, date of birth and e-mail address (your “personal data”) fairly and lawfully.
The processing will be carried out by electronic and automated means. We will save and use your personal data to (1) handle orders, (2) keep you informed about our market activities, (3) render services for market research and improve our website and our product range, (4) update our records and maintain your accounts with us, and (5) display content such as shopping lists or saved designs and recommend merchandise and services that might be of interest to you.
You agree explicitly that your personal data will be saved and processed by Swarovski UK Ltd., to help us personalize and continually improve your shopping experience at www.atelierswarovski.com. Furthermore you agree that your personal data may be transferred, throughout the EU/EEA to D. Swarovski KG, Swarovski AG, and also to Daniel Swarovski Corporation AG (Switzerland) and these companies will save and process your personal data.
By registering with us you are expressly consenting to such use of your personal data. You cannot register without giving this consent. You can, however, use those parts of our website that do not require registration.
You can revoke your consent to the storage and the processing of your data at any time by contacting our customer support email@example.com, with effect for the future.
17. Disclaimers and Limitations of Liability Relating to Use of the Website
The Website is provided on an “AS IS,” “as available” basis. Neither Swarovski nor its affiliates, subsidiaries, or designees nor any of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively “Affiliates”) gives any assurance or warranty that use of the Website will be uninterrupted or error-free. Neither Swarovski nor its Affiliates gives an assurance or warranty as to the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Swarovski or its Affiliates be liable for any loss or damage of any kind that result from the use of or inability to use the Website, including but not limited to reliance by you or any other user on any information contained in or obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, cyber attacks or unauthorized access to Swarovski records, programs or services. The foregoing limitation of liability applies whether arising in contract, tort (including negligence) or otherwise.
18. Proprietary Rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “content”) are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the UK 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. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
19. Complete Agreement
You may not modify, delete or amend these Terms and Conditions in any manner without Swarovski’s express prior written agreement (which Swarovski may withhold at its discretion). We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
20. Events outside our Control
Swarovski is not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside Swarovski’s reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Swarovski’s reasonable control, including (without limitation):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility or severe restriction of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility or sever restriction of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
Swarovski’s performance under any Contract shall be suspended for the period that the Force Majeure Event continues, and Swarovski will have an extension of time for performance for the duration of that period. Swarovski will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If Swarovski fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if Swarovski fails to exercise any of the rights or remedies to which it is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with your obligations.
A waiver by Swarovski of any breach by you does not mean that Swarovski waives any subsequent breach by you. No waiver by Swarovski of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provision of a Contract are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
23. Third Party Rights
A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
24. Written Communications and Notices
Applicable laws require that some of the information or communications Swarovski sends to you should be in writing. When using the Website, you accept that communications with Swarovski will be mainly electronic. Swarovski will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Swarovski provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Swarovski may give notice to you at either the e-mail or postal address you provide to Swarovski when placing an order or as stated above. Notice will be deemed received and properly given immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
The section headings used in these Terms and Conditions are for convenience only and do not affect interpretation of these Terms and Conditions.