Terms of Use and Sale

Terms of Use and Sale
Terms and Conditions of Website Use

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.fossil.co.uk ("our site ") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click the "I Accept" checkbox under the payment information in the checkout process if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

INFORMATION ABOUT US

Our site is operated by Fossil (UK) Limited ("we/us/our"). We are registered in England and Wales under company number 3062442 and with our registered office and main trading address at Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH. Our VAT number is GB 785 4070 11.

WHERE YOU LIVE AND YOUR STATUS

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside of the United Kingdom. Some restrictions are placed on the extent to which we accept orders from specific countries.

By placing an order through our site, you warrant that:

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • you are resident in the United Kingdom; and
  • you are accessing our site from the United Kingdom.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

Please see our guide for instructions on how to place an order.

Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched ("the Despatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Despatch Confirmation.

The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

We reserve the right to refuse any order you place at our sole discretion.

OUR STATUS

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. Further information on your statutory rights can be found at www.consumerdirect.gov.uk.

DELIVERY

Your order will normally be delivered in 4 - 6 working days after you have placed your order. In any event, the order will be fulfilled within 30 days of the date of the Despatch Confirmation unless there are exceptional circumstances.

For Paypal orders, delivery shall always be made to the account holder’s address.

Current delivery charges will be displayed at the checkout and included in your total order amount.

We will email you as soon as the order has been despatched.

RISK AND TITLE

The Products will be at your risk from the time of delivery. Please note that you will need someone to sign for and accept delivery of the Products.

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.

PRICE AND PAYMENT

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by UK credit or debit card, or by PayPal. We will charge your account when we receive your order. If at time of despatch any item(s) is out of stock, we will refund the cost.

CANCELLING AN ORDER BEFORE DESPATCH

If you change your mind after placing an order for Products, you can cancel it or, where it consists of a number of Products, any part of an order, any time before we send you the Despatch Confirmation. No charges will be incurred. Please Contact Us and give us your name, address and order number to cancel your order.

CONTRACT CANCELLATION

If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy (set out below).

To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, unused, complete, and in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. Where the Product is an item such as earrings, taking reasonable care includes (without limitation) not wearing the Product and not opening the see-through, sealed packaging of the Product. If you fail to comply with this obligation, we may have a right of action against you for compensation.

You will not have any right to cancel a Contract for the supply of any Product which has been personalised for you or at your request, unless we are at fault.

This provision does not affect your statutory rights. For further information on your statutory rights, please see www.consumerdirect.gov.uk.

OUR REFUNDS POLICY

If you wish to return Products to us, please telephone or email us. We will then send you address labels for use when returning the Products to us. You must return the Products by a means protected by insurance covering the value of the Products and by a method that requires a signature from us to acknowledge our receipt of the returned Products. Alternatively we will arrange for collection at your cost.

When you return a Product to us:

  • because you have cancelled the Contract between us within the 7 day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including any delivery charges paid by you to us for delivery of the Product to you. You will be responsible for the cost of returning the item to us.
  • for any other reason permitted on our Returns and Exchanges page (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of any refund to which you are entitled via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including the reasonable cost incurred by you in returning the item to us.
We will refund any money received from you using the same method originally used by you to pay for your purchase.

OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will remain so for a period of 24 months from the date of delivery.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss or corruption of data; or
  • waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to us at our registered office, set out above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in above. Notice will be deemed received and properly served immediately when posted on our 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OUR CONTROL

We will not be 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 our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our 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.

WAIVER

If we fail, 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 we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations

A waiver by us of any default shall not constitute a waiver of any subsequent default.

Waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing as specified above.

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods or changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

TERMS AND CONDITIONS OF WEBSITE USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING OUR WEBSITE, WHICH IS SITUATED AT WWW.FOSSIL.CO.UK ("OUR SITE").

These terms and conditions are issued by Fossil (UK) Limited (company number 3062442) ("we/us/our").

INTRODUCTION

Our address is at Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH. Contact us via telephone or email. Our VAT number is GB 785 4070 11.

These terms and conditions are deemed to include our Privacy Policy and are collectively known as "these Terms". We process information about you in accordance with this privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

By accessing any part of our site, you will be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave our site immediately.

We may revise these Terms at any time by updating this posting. You should check our site from time to time to review the then current version of the Terms, because they are binding on you. Certain provisions of this legal notice may be superseded or supplemented by express legal notices or terms located on particular pages on our site.

These Terms can only be modified with our prior written consent.

LICENCE

You are permitted to print extracts from our site for the sole purpose of using our site. You must not however copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material on our site without our prior written consent.

Unless otherwise stated, the copyright, and other intellectual property rights (including without limitation all trade marks, service marks and trading names) in all material on our site (including without limitation photographs, code, text, files, names and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from our site other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use our site automatically terminates and you must immediately destroy any downloaded or printed extracts from our site.

Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS

Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice.

Whilst we endeavour to ensure that our site is normally available 24 hours a day, due to the nature of software and the internet, we do not warrant that your access to, or the running of, our site shall be uninterrupted or error-free. We shall not be liable if for any reason our site (in part or otherwise) is unavailable at any time or for any period.

Access to our site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. If you become aware of any unauthorised use of such code or password, you must notify us immediately of such unauthorised use.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Terms of Sale and Use.

VISITOR CONDUCT

You are prohibited from posting or transmitting to or from our site any material:

  • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  • for which you have not obtained all necessary licences and/or approvals; or
  • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse our site (including, without limitation, by hacking).

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of as described above.

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use our site and that your computer system is compatible with our site.

LINKS TO OTHER WEBSITES

Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our site, you do so entirely at your own risk.

WARRANTY

Whilst we endeavour to ensure that the information on our site is correct, we do not warrant the accuracy and completeness of the material on our site. We may make changes to the material on our site at any time without notice. The material on our site may be out of date, and we make no commitment to update such material. We also do not warrant that such material will be free from infection, viruses and/or similar code.

The information provided on our site is for general interest only and does not constitute specific advice.

The material on our site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly we provide you with our site on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to our site.

LIABILITY

Nothing in these Terms will be deemed to exclude or limit in any way our liability:
  • for death or personal injury caused by our negligence;
  • under section 2(3) of the Consumer Protection Act 1987;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Subject to the terms listed above, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.

Subject to the terms listed above, we accept no liability for any loss suffered as a result of your use of our site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss or corruption of data; or
  • waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the English courts.

NOTICES

All notices shall be given:
  • to us, by email to onlinestore@fossil.co.uk or by post to our address set out above or as may be amended from time to time;
  • to you, by email to any email address that you may from time to time provide us.
All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.

GENERAL

We may from time to time change the content of our site or suspend or discontinue any aspect of our site, which may include your access to it. Subject to us notifying you to the contrary, any amendments or new content to our site will be subject to these Terms.

These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

Issue Date: August 2008