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Terms & Conditions

 

CUSTOMER INFORMATION AND TERMS & CONDITIONS

1. Scope of application

The Terms and Conditions set forth below shall apply to all use of Optics Yellowstone Website www.opticsyellowstone.com (the "Website") and purchase of products through the Website. By your use of the Website or purchase of products through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the

Website, you agree that all agreements, notices, disclosures and other communications that Optics Yellowstone provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.

2. Your order

Optics Yellowstone only sells products to adults through the Website who can purchase its products using a credit card or PayPal. By purchasing a product using the Website, you represent to Optics Yellowstone that you are an adult and that you are authorized to make the purchase using the credit card/PayPal account information you provide. 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 Optics Yellowstone products through your computer.

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. When processing electronic payments, in order to provide an extra level of security to you, Optics Yellowstone may contact you to verify certain aspects of your order before shipment.

3. Parties to the transaction, customer service, and warranty claims

Optics Yellowstone Business USA Inc.

Gardiner, Montana USA

Federal Employer Identification Number (Tax number): This is legally represented by Mr. Doug McLaughlin the owner.

All complaints or warranty claims may be sent to this address.

Optics Yellowstone customer service department may be contacted using the following contact information:

Phone: 1-406-224-5277 (Monday – Friday, 9:00am to 5:00pm US Mountain Standard Time)

Email:customerservice(at)opticsyellowstone.com

4. Completion of a purchase

Credit card or PayPal 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. The binding purchase agreement comes into existence only when Swarovski accepts your order on the Website by sending you an e-mail or written communication, or by shipping the products ordered.

The purchase price for goods ordered is due to Swarovski Digital Business USA, Inc. when you place your Order through the Website. Payment may be by credit card, through our payment service provider Global Collect or PayPal through our payment service provider PayPal.

Depending on the type of credit card and acquiring bank, payments may be subject to a “cross-Border transaction fee”. By accepting the order you explicitly accept to bear the costs of such “cross-border transaction fee”.

 Kindly note that Optics Yellowstone has no influence on such fee. 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 card refuses to make payment to us, we are not liable for delays or for failure to deliver.

5. Taxes

When Optics Yellowstone is required by law to collect applicable taxes relating to your order, you authorize Optics Yellowstone to charge the applicable taxes to your credit card.

 

6. Reservations and exceptions

Optics Yellowstone reserves the right to change prices, terms, specifications and warranties for products on this Website at any time without prior notice. Optics Yellowstone attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and optics

Yellowstone 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, Optics Yellowstone will inform you of the error at which time you may cancel or reaffirm your order at your option.

The Optics Yellowstone products are for civil use only. Optics Yellowstone may cancel any order if optics Yellowstone suspects that the product will not be used for civil purposes or if any export restrictions apply.

7. Product availability

Once Optics Yellowstone accepts your order, it will attempt to promptly fill the order subject to available inventories. Should an item not be available, we kindly ask you to try back again or visit your local authorized Swarovski Optik retailer.

8. Terms of payment

The purchase price for the products ordered by you is due upon the shipment of your order by Optics Yellowstone. Upon shipment, Optics Yellowstone will charge the credit card or PayPal account you identified when your order was placed for the purchase price, the cost of shipping and handling and applicable taxes. You may not make any set off against Optics Yellowstone’s claim for payment unless the amount set off is not disputed by Optics Yellowstone or has been the subject of a final and binding judgment against Optics Yellowstone.

Prepayment: For special orders Optics Yellowstone offers the possibility to pay via prepayment.

Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.

Please send your check by mail in accordance with the payment instructions listed in the checkout, using your order number as payment reference. Be sure to print out a copy of your order confirmation and attach it to the check.

In case the payment is not cleared in our bank account within 15 banking days after receiving the order confirmation, Optics Yellowstone has the right to cancel your order.

An invoice will also be sent with your package.

9. Delivery and reservation of title

The products ordered by you will be delivered to the address entered by you through a delivery service selected by Optics Yellowstone. You agree that the products ordered and sent to you remain Optics Yellowstone property until full payment has been received by Optics Yellowstone. Deliveries may, however, be delayed through force majeure, inherent system faults/failures or unforeseen irregularities on the part of our delivery partners. Optics Yellowstone can assume no liability in such cases.

As a precaution, Optics Yellowstone therefore recommends that you place orders to be delivered to remote locations as early as possible.

10. Right to cancel the purchase

You may cancel this purchase for any reason up to two weeks following your receipt of the ordered products. If you cancel this purchase, Optics Yellowstone  will, upon receipt of the returned products, refund or credit any payments you have made for the ordered products.

The right to cancel the contract does not apply to products made to your specifications or which are clearly personalized. You cannot return such a product or ask for replacement.

You may obtain further information and assistance concerning the return of the products ordered by selecting "MY ACCOUNT" from the Website menu. To cancel the purchase, you must send a written notice to the address specified above in paragraph 3 within two weeks of your receipt of the products, or send the products back to the following address for delivery within two weeks of your receipt of the products:

Optics Yellowstone 

Attn: Optics Yellowstone Returns

309 Stone Street

Gardiner, Montana

59030 USA

If you cancel the purchase by written notice, you must return the products to this address within 14 days of the cancellation.

In case you cancel the purchase you are responsible for the costs of and arrangements for the shipment of the products to be sent back to Optics Yellowstone. You must take reasonable care that the products are not damaged during their return. 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.

11. Warranty and limitation of liability

LIMITED WARRANTY

A limited warranty may apply to the product purchase by you. Our warranty policy can be found on the Website under “Service – Warranty”.

Optics Yellowstone customer service department may be contacted from Monday to Friday, between 9:00 am and 5:00 pm Mountain Standard Time at the following telephone numbers:

Phone: 1-406-224-5277

Email: customerservice(at)opticsyellowstone.com

OPTICS YELLOWSTONE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

 

THIS WARRANTY REPRESENTS OPTICS YELLOWSTONE'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 THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY, FROM STATE TO STATE.

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 Optics Yellowstone.

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.

12. Applicable law

You may assign your contractual rights under these Terms and Conditions to a third party only with Optics Yellowstone's prior written consent.

13. Applicable law By using this Website, you agree that the laws of the state of Rhode Island shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Swarovski reserves the right to make changes to the Website and 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 use or purchase.

14. Privacy

Swarovski will use your personal data (including the product numbers of purchased items) to process the order(s) which you have placed and for market research to improve its product range. The data is stored and processed by Optics Yellowstone and by the companies of the Swarovski Group in Switzerland and elsewhere. The data will not be sold to or shared with any other third parties. Optics Yellowstone may send you select advertisements for Swarovski products or notices of special promotions and other opportunities to buy Swarovski products. If at any time you do not wish to receive Swarovski product advertisements or notices of future Swarovski promotions, please contact Optics Yellowstone customer support or use the “unsubscribe” option at the bottom of each promotion or advertisement email.

15. Disclaimers and limitations of liability relating to use of the website

 The Website is provided on an "AS IS," "as available" basis. Neither Optics Yellowstone nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the

Website will be uninterrupted or error-free. Neither Optics Yellowstone nor its affiliates warrant 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 Optics Yellowstone or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on 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 or unauthorized access to Swarovski records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

16. 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 U.S. copyright laws and Optics Yellowstone 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.

 Complete agreement

You may not modify, delete or amend these Terms and Conditions in any manner without the express written agreement of Optics Yellowstone.

18. Headings

The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.

NOTE:

California Transparency in Supply Chains Act – Declaration

Optics Yellowstone Business (Swarovski) defines its basic principles to conduct business in a lawful and ethical manner and to support the right of all individuals to be free from slavery in the workplace.

Optics Yellowstone has adopted a Supplier Code of Conduct that outlines expectations for its suppliers, contractors, and other subcontractors to be followed in order to conduct business with Swarovski products.

Swarovski expects suppliers to fully obey all national laws and regulations applicable in the country and other governmental authorities of any country in which they do business, and to treat the workforce fairy and with respect. The Supplier Code should be adhered by anyone who provides a product or service to Swarovski.

Swarovski may audit its suppliers to monitor compliance with the Supplier Code of Conduct and reserves the right to terminate the business relationship if violations of the law or basic international principles related to labor standards or ethical business practice become apparent


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