This document (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the products ("Products") listed on our website www.fossil.com.au ("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.
INFORMATION ABOUT US
Our site is operated by Fossil (Australia PTY LTD)("we/us/our"). We are registered in Australia and our ABN is 44072935614 and with our registered office and main trading address at 122-126 Old Pittwater Road, Brookvale, NSW 2100.
WHERE YOU LIVE AND YOUR STATUS
Our site is only intended for use by people resident in Australia, using an Australian Bank issued credit card.
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts;
you are at least 16 years old;
you are resident in Australia; and
you are accessing our site from Australia.
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 for sale and purchase of the Product 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.
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 to the maximum extent permissible by law. This disclaimer does not affect your statutory rights against the third party seller. Further information on your statutory rights can be found at www.consumerlaw.gov.au.
Your order will normally be delivered in 5 - 7 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.
Delivery shall always be made to the payment card-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.
You acknowledge that we are entitled to register a security interest under the Personal Property Securities Act 2009 (Cth).
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 GST.
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.
Payment for all Products must be by Australian credit card. We will charge your credit card at time of Invoicing. If at time of despatch any item(s) is out of stock, we will amend the amount invoiced accordingly.
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.
Changes or cancellations can be made prior to the order being invoiced at our warehouse. No charges will be incurred. Please contact us and provide your name, address and order number, and a Customer Care representative can help to confirm whether the change or cancellation can be made pending the processing stage of your order.
We are unable to cancel the contract after the order has been despatched and you have received the despatch confirmation. To cancel the contract after this time you must follow our Refunds Policy. In this case, you will receive a full refund of the price paid for the Products, less the delivery cost, in accordance with our Refunds Policy.
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, in accordance with our Refunds Policy.
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.consumerlaw.gov.au.
OUR REFUNDS POLICY
If you wish to return Products to us, please follow instructions on the Return Slip provided with your purchase. 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 14 day cooling-off period (see our Web Purchase Returns Policy), 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. 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.
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 in accordance with the warranties explicitly stated at https://www.fossil.com/au/en/customer-care/warranty-and-repairs.html
This warranty is in addition to any statutory rights which you may have. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired and replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 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.
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.
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 paragraph 12. 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 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.
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 in accordance with paragraph 13.
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.
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.
Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, 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.
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 the law of New South wales, Australia. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of “NSW South Wales”, Australia.
Issue Date 2013