Terms & Conditions

Customer information and terms & conditions for Canada

1. Scope of application

This customer information and these General Terms and Conditions shall apply to all orders placed through this Chamilia Online-Store and Operator Website www.chamilia.com and related websites (the "Website"). Placing an order with Operator indicates your acceptance of these terms and conditions.

Changes to these General Terms and Conditions will only be effective if they are confirmed by Operator in writing. This also applies to any changes to this written form clause.

2. Parties, customer service and returns

This Website, for the sale of goods via the Internet, is operated in Co-operation with Chamilia LLC. by Swarovski Crystal Online AG, Alte Landstrasse 411, CH-8708, Männedorf, Switzerland, (“Operator”) which is legally represented by Arno Ebner, Managing Director.

Customer Service Department may be contacted using the following contact information: Email: shophelp.eur@chamilia.com

3. Conclusion of a purchase agreement

Any orders made by you on the Website constitute a binding offer to conclude a purchase agreement with Operator. The binding purchase agreement only comes into existence when Operator accepts your order either on the website or by sending you an email or written communication, or by dispatching the goods ordered.

The goods and price information on the Website is subject to change without notice. You will be charged the price displayed on the Website at the time of your order.

4. Reservation of performance in case of goods being unavailable, Restrictions

If goods you ordered are not available within thirty days of your order, Operator can withdraw from the purchase agreement even if it has confirmed acceptance of your order. If the company withdraws from the purchase agreement, it will immediately inform you and will immediately refund the amount already paid by you for these goods.

In the case when a customer may receive a “gift with purchase” in connection with his/her order, please note the following restrictions shall apply:  only one gift with purchase may be issued per customer; gifts with purchase are provided on a limited basis and only while supplies last; gifts with purchase cannot be returned for a refund or credit towards any order; and in case of any return of a product associated with a gift with purchase, the gift with purchase must be returned in order for customer to receive a full refund. 

Operator reserves the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.

Operator reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities.

5. Price and additional costs

The total amount of your order, including all taxes and additional costs such as packaging and delivery, is displayed on the screen prior to, or at the end of, the checkout process.

6. Terms of payment

The purchase price for the goods ordered becomes due upon the shipment of your order with Operator. Payment may only be effected by credit card (by entering your credit card details on the Website). You may not make any set off against Swarovski’s claim for payment unless the amount set off is not disputed by the company or has been the subject of a final and binding judgment against Operator.

7. Delivery and reservation of title

The goods will be delivered to the delivery address as stated by you and through a delivery service appointed by Operator. Operator will make every effort to deliver the goods on the date you requested, but this cannot be guaranteed. The goods remain Operator’s property until full payment is received.

8. Right to cancel the purchase agreement

As a consumer, you have the right to cancel this purchase agreement up to 14 days after receipt of the goods by you. No reason needs to be stated. If you exercise this right of withdrawal, you are no longer bound to the agreement and Swarovski will refund any payments you have made with respect to this agreement.
You can obtain further information and assistance regarding Operator’s return policy by choosing "My Account - Returns" from the Website menu. In order to cancel the agreement, it is sufficient to send a notice in writing, or on a permanent data carrier, within two weeks to the address specified above in paragraph two, or to send the goods back to the address: SCL/SCO, 80 Gough Road, Unit 2, Markham ON L3R 6E8, Canada.

If you cancel the purchase agreement, you must return the goods within thirty days of the cancellation of the order. The goods returned are dispatched at the expense and risk of Operator, but you must take reasonable care of the goods until they are dispatched.

For Product Starter Sets: In case you exercise your right to cancel the purchase, kindly note that the Operator does not accept returns of single pieces out of a Starter Set but only the whole Set.

9. Warranty

The warranty period is two years after the receipt of the goods by you. Should the delivered goods prove defective within this period, you may cancel the purchase agreement or, if the product is still available, make a request a product’s replacement by giving Operator notice at the address specified in paragraph two. No independent guarantee is granted beyond the foregoing. The rights of the consumers based on the consumer protection laws in force are not affected.

10. Limitation of liability

Operator is not liable for any damage, unless such damage has been caused by intent or by gross negligence. In no event shall Operator be liable for indirect damage.

If Operator, notwithstanding the foregoing, be liable for damage, then liability will be limited to the purchase price.

The above liability limitations apply to all claims for damages no matter what the legal grounds may be, inclusive of tortuous acts; they do not apply to potential liability according to the regulations on product liability. The rights of the consumers based on the consumer protection laws in force are not affected.

The exclusion or the limitation of the liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Operator.

11. Prohibition of assignment

You may assign your contractual rights to a third party only with Operator's prior written consent.

12. 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, patents, and/or other proprietary rights. All content is copyrighted to the fullest extent allowed by law, 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.

In case you use our Design Your Own Tool (“DYO”) and design your own jewelry piece, you hereby explicitly grant Operator a non-exclusive, royalty-free and unlimited right to use the design. Additionally, you acknowledge that your account where your designs may be saved are not password protected. For this reason you hereby explicitly waive any claim whatsoever against Operator, Chamilia LLC. or any legal successors in case your design or a similar design is used by a third party.

13. Applicable law

The agreements concluded under the inclusion of these General Terms and Conditions are subject to the laws of Canada under the exclusion of a possible reference to foreign law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

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