GENERAL

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.crystalswan.co.ke/, mobile websites and applications owned by and / or operated by or on behalf of Crystal Swan Ltd, unless provided otherwise on the respective website (hereinafter referred to as the “Websites”).

Please read these GTCs carefully before ordering Products from the Website. By ordering our Products, you indicate that you consent to and shall comply with:

• these GTCs
• our Privacy Policy
• any other relevant policies or notices on our site and you confirm that you are competent to enter into legally-binding contracts and are of the required age in Kenya 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.

 

Amendment to the GTCs

We may update these GTCs at any time. Any changes take effect upon being published on our Websites. Your order will be subject to the version in effect at the time of purchase.

ACCEPTANCE OF PURCHASE ORDERS

Invitation

Please note, that all Products offered on the Websites are an invitation to buy only and are not an offer or unilateral contract of sale 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 in Our discretion.

We are free to not accept your order in Our discretion for any reason whatsoever without liability and in compliance with applicable laws.

 Examples of when We may not accept your order include, but are not limited to: 

• Product unavailability
• Pricing or description errors
• Payment authorization failure
• Negative credit report
• Suspected breach of GTCs or fraud
• Commercial resale attempts

 

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 Swarovski@crystalswan.co.ke 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.

Ordering Steps

There is no binding contract to purchase formed until We have accepted your order as indicated in section 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.

When you are collecting Products you have purchased on this website, 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).

Please note that after your order has been submitted, We are not able to change or cancel your order.

AVAILABILITY

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 Website at any time without notice. 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 and you will be reimbursed via the payment method used to purchase the Product(s) through the payment service provider.

We are not liable if certain Products are not in stock or are not available.

PRICES AND ADDITIONAL COSTS

Prices of Products

All prices of Products on the Website 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 and delivery timelines.

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.

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.

 

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.

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.

 

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.

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.

If you have asked to collect the products from a specific Nairobi Swarovski Store, you can collect them from Us at any time during the opening hours of the relevant Swarovski Stores, allowing 2-3 working days for the product to moved to your preferred store location, if that is even possible. Alternatively, you will be informed of the store to arrange collection from if your order is urgent.

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 Website is strictly prohibited.

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 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 repair service, if available.

DATA PROTECTION

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.

We may transfer this agreement to someone else

We may transfer Our rights and obligations under these GTCs to another Crystal Swan 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.

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.

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.

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.

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.

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.

Besides above permission, you may not modify, adapt, reproduce 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 Crystal Swan Limited

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.