general terms and conditions
These general terms and conditions apply to all orders through www.lolaandgrace.com ("the Website"). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that your are competent to enter into legally-binding contracts and are at least 18 years old. We recognize rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
2. Contracting Party
This Website for selling goods over the Internet is run by Swarovski Crystal Online AG, Alte Landstrasse 411, CH-8708 Männedorf, Switzerland. This is where you can place complaints or assert statutory warranty claims.
You can reach our customer service on any issues at: firstname.lastname@example.org
3. Formation of Contract
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Swarovski Crystal Online AG. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor.
There is no liability for lack of items in stock or for products not being available.
Any commercial resale or distribution of Swarovski products sold on the Website is strictly prohibited.
Please note that after your order is confirmed, no requests to change or cancel it can be considered
5. Reservation of Performance for Undeliverable Goods
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.
6. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process.
lolaandgrace products are sold by Swarovski Crystal Online AG, which has its headquarters in Switzerland. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
7. Payment conditions
The purchase price for goods ordered is due when you place your order through Swarovski Crystal Online. Payment must be by credit card (by entering your card data on the Website) or PayPal. You may settle our claims for payment only by using uncontested or final and unappealable receivables.
If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.
8. Delivery and Reservation of Title
The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 5-7 working days after the working day following your order. You can find our holidays, on which no orders are processed, in our Online Shop Assistent. If you so request, we will make efforts to deliver the goods at a specific time, but generally cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property.
Upon receipt the shipment must be checked for accuracy and completeness.
9. Right of Withdrawal
As a consumer, you may cancel your order without indicating any reasons within 14 days after receipt of the goods, thereby withdrawing from the contract. The 14-day period starts on the day after you receive the goods. If you exercise this right in a timely fashion, you are no longer bound by your order.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us; also you will need to take over the return costs for the return of goods with a combined order value of less than 40 EUR), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You can get additional information and assistance in returning items that have been ordered and the return address for your country on our Website under “Customer Service – Return Policy”. The cancellation may be sent in writing or on another long-lasting storage medium to the address in clause 2 above or by sending the goods to the address listed on our Website under "Customer Service – Return Policy“. Timely sending is sufficient to meet the deadline. The products must be in original condition with their original packaging and the return voucher must be attached to the products.
If you cancel an order, your are obligated to return the goods to the address listed on our Website under "Customer Service – Return Policy“. Shipment is at the cost and risk of Swarovski Crystal Online AG, but for orders up to EUR 40, you must pay the regular costs (uninsured standard shipment) for the return shipment unless the goods delivered were not the ones ordered. The return shipment must be made no later than 14 days after cancellation has been announced.
The costs will be reimbursed only if the goods are received unused and in original condition at the address indicated above. You are liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. We may require payment of such diminished value also if after reimbursement an inspection has unveiled your mishandling.
You must pay the ordinary costs for return if the goods delivered are the ones ordered and the price of the item to be returned is EUR 40 or less or, if the price of the item is higher, you had not paid the consideration or a contractually-agreed partial payment at the time you cancelled the contract. Otherwise, returns are free of charge for you.
We will reimburse costs to ship to you and to return to us (if the cost of the goods is over EUR 40) only up to the amount of standard costs.
It is not currently possible to return goods purchased in lolaandgrace shops through the Website
The statutory warranty period for defects in materials or workmanship is two years from the time the goods are received. If there is such a defect in the goods delivered, you may demand the repair of the product. If the repair of the product is not possible you may at your opinion demand that the contract be revoked or - if the goods are still deliverable - that they be replaced with the same type of good without any defects. Also, an independent guarantee may apply to the product purchased by you – please check for your country on our Website under “Service – Warranty”.
For After Sale Services, please go to the local customer service offices listed on our Website under "Customer Services - After Sales Service”.
Swarovski Crystal Online AG is only liable to you for damage caused intentionally or by gross negligence.
This limitation of liability applies to all claims for damages, regardless of the legal basis, including but not limited to unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb.
Exemption from or limitation of liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Swarovski Crystal Online AG.
A registration of your personal details with lolaandgrace/Swarovski or the conclusion of a purchase contract with lolaandgrace/Swarovski or contact in any other electronic form with lolaandgrace/Swarovski means that you agree to Swarovski saving and storing your personal details in accordance with the present declaration on data protection without any prior written approval on your part. Swarovski can record, process, save, store, reveal and use your personal details.
Swarovski will only use your personal details including the product numbers of the purchased items for the following purposes: processing your purchases; sending information about marketing activities, products and services; and supporting market research for the improvement of the Swarovski product range, services and internet appearance as well as mandates granted to third parties for carrying out assignments and services in this connection (e.g. repairs). Swarovski will process, reveal and use your personal details in a secure, appropriate and legal form according to Swiss law. Processing is undertaken by electronic or automatic means. Your personal details will be recorded and used by Swarovski Crystal Online AG, which has been authorised to process these personal details and is also responsible for the processing of such details. You hereby grant approval that your personal details can be revealed to, processed by and used by other companies of the Swarovski Group in various countries and in particular by the companies in Switzerland (Daniel Swarovski Corporation AG), in Austria (D. Swarovski KG) and Liechtenstein (Swarovski AG). We do not share customer details with any third parties outside of the Swarovski Group without previously advising you and requiring your special approval. You can at all times request information concerning your personal details and can cancel your approval of the saving, storing and using of your personal details for the future.
For this purpose, please contact Customer Care team at: Swarovski Crystal Online AG (Alte Landstrasse 411, CH-8708, Männedorf, Switzerland, Email: email@example.com
13. Severability Clause
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.
14. Prohibition against Assignment
You may assign your rights under this contract to third parties only with the consent of Swarovski Crystal Online AG.
15. Applicable Law
Contracts entered into under these General Terms and Conditions are subject to Swiss law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Zurich is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Swarovski Crystal Online AG is also authorized to sue at the customer's location.