These are 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 print a copy of these terms and conditions for future reference.
2. INFORMATION ABOUT US AND HOW TO CONTACT 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.
You can contact us by telephoning our customer service team at 0203 868 5986 (Monday – Friday, 9am – 5pm, call charges may vary according to service provider) or by writing to us at email@example.com or Fossil UK Ltd, Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH.
3. HOW WE MAY CONTACT YOU
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Where we are required to give you notice in writing or we refer to providing you with written notice this includes us giving you notice by email.
4. 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 buy and pay for a Product. All orders are subject to our acceptance. Our acceptance of your order will take place when we send you an email confirming that the Product(s) have been despatched, at which point a contract will come into existence between you and us in respect of those Products which have been despatched. Please note that the automatic confirmation email you receive is only an acknowledgment of your order and is not acceptance by us.
We will not be obliged to supply any other Products which may have been part of your order until we have sent you a despatch confirmation email in respect of those Products.
If we are unable to accept your order (or part of your order), we will inform you of this in writing and will not charge you for that Product(s). This might be because the Product is out of stock, the Product is unavailable for collection at the desired store, fraud prevention (if we suspect the purchase may be fraudulent) or because we have identified an error in the price or description of the Product. If payment has already been taken, this will be refunded to you.
The delivery time depends on the chosen shipping method. The delivery times stated on the site are approximate delivery times. In any event, the order will be fulfilled within 30 days of the date of the despatch confirmation email unless there are exceptional circumstances. The delivery is made by a shipping service provider independent of us.
We offer a free standard delivery service. Your order will be delivered in approx. 4 - 6 working days (meaning Monday to Friday, excluding Saturday, Sunday and public holidays) after you place the order. For personalised Products, this delivery period is extended by 1 - 2 working days
Current delivery charges will be displayed at the checkout and included in your total order amount.
Our site is solely for the promotion and sale of Products in the UK. We only deliver to addresses within the UK, excluding Isle of Man and Channel Islands.
6. SELF DELIVERY / PICKUP
The customer has the opportunity to order goods online and pick them up in a store of choice. Fossil sends the customer an automatic confirmation of receipt of the order by e-mail. The contract is concluded in accordance with § 4, but is subject to the dissolving condition that the customer does not pick up the ordered goods within the set period. As soon as the goods ordered for collection are ready, the customer will be contacted via e-mail. For collection in store, the customer must present a valid identity card as well as the e-mail with the pick-up request. Goods ordered are ready for collection for seven days from the date of dispatch of the collection invitation. In the case of non-collection of the goods within this period, the contract is invalid due to the occurrence of the dissolving condition.
If goods ordered for collection are not available in the desired store, Fossil reserves the right not to accept the order, so that no contract is concluded. The customer will be informed by e-mail. Any payments already booked will be refunded to the customer in this case.
6. OWNERSHIP AND RESPONSIBILITY
The Products will be your responsibility from the time we deliver the Products. Please note that you will need someone to sign for and accept delivery of the Products – this will be proof of delivery. The Products will be deemed delivered once our carrier has delivered the Products to you at the address you gave us (or it has been delivered to a neighbour or safe place) or once you have (or someone on your behalf has) collected it from our store or the carrier's depot.
You will own the Products once we have received payment in full (including delivery charges).
7. PRICE AND PAYMENT
The price of any Products (which includes VAT) will be the price indicated on the order pages when you placed your order.
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 described, pictured or 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 contact you for instructions before we accept your order.
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 email. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
Payment for all Products must be by credit or debit card, or by PayPal. We will charge your account once the Products are despatched. If at the time of despatch any Product(s) are out of stock, we will refund you the price of that out of stock Product(s).
8. LEGAL RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013)
You have the legal right to change your mind within 14 days and receive a refund. This right will expire after 14 days from the day on which you receive, or a third party (other than the carrier) receives, the Products. You do not have a right to change your mind in respect of any Product which has been personalised for you or specially manufactured for you or Products which have been supplied in sealed packages for hygiene reasons, such as earrings, where the seal has been broken.
To exercise your legal right to change your mind you must inform us via our contact details above, before the 14 day period expires. Please state that you wish to exercise your legal right to change your mind and include your full name, address and order number. You may also use the included cancellation form, but it is not compulsory.
Effects of changing your mind
If you exercise your legal right to change your mind, we will refund you the price you paid for the Products (including the costs of delivery) by the method you used for payment. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery but you choose to have the Product delivered via express delivery at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of any Products supplied, if this has been caused by unnecessary handling by you (i.e. more than would be normal in a retail shop to establish the nature, characteristics and functioning of the Products). If we refund the price paid before we are able to inspect the Products and later discover you have used or handled them in an unacceptable way, you must pay us an amount that reflects our loss because of your unacceptable handing or use.
We will make the refund without undue delay, and not later than -
- a) 14 days after the day we receive back from you the Products supplied, or
- b) (if earlier) 14 days after the day you provide us with evidence that you have returned the Products, or
- c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to change your mind.
You must return the Products to us either in person or by post to: Bleckmann UK Logistics, c/o FOSSIL GROUP ECOMM RETURNS, Broadermoor Road Unit 11D, SN3 4WB, Swindon. To send the Products back to us you must use the self-print return label. You can print out the return label yourself via your customer account. If you do not use our self-print label you will have to pay the direct cost of returning the Products. You must send off the Products to us within 14 days of telling us you wish to exercise your legal right to change your mind.
This does not affect your legal rights in relation to faulty or misdescribed Products. For further information on your legal rights, please click here.
Model cancellation form
To Bleckmann UK Logistics, c/o FOSSIL GROUP ECOMM RETURNS, Broadermoor Road Unit 11D, SN3 4WB, Swindon:
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*)/for the provision of the following service*,
Ordered on*/received on*,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
* Delete as appropriate.
-- end of cancellation policy --
9. RETURNS (OTHER THAN THE LEGAL RIGHT TO CHANGE YOUR MIND)
You may return any new, unused, complete (with all original packaging, instructions, warranty booklets, certificates, accessories and, if applicable, with an undamaged seal), saleable and in original condition (as it was received by you) Products to us within 30 days of receipt, and we'll give you a refund. Refunds will be credited to your original method of payment. This does not affect your legal rights to change your mind or where the Products are faulty or misdescribed.
To return a Product by post, use our self-print return label. You can print out the return label yourself via your customer account. If you have any problems downloading the return label or if you do not have access to a printer, you may contact our customer service team using the details above to request a returns label. If you do not use our self-print label you will have to pay the cost of returning the Products.
The following Products cannot be returned and no refund will be issued (unless faulty or not as described): (a) Products which have been personalised for you or specially manufactured for you; (b) watches designed by you (“design your watch”); (c) Products which have been supplied in sealed packages for hygiene reasons, such as earrings, where the seal has been broken; and (d) gift cards ("Excluded Products").
10. DELAYS OUTSIDE OF OUR CONTROL
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
11. OUR RESPONSIBILITY INCLUDING FOR LOSS OR DAMAGE SUFFERED BY YOU AND ANY GUARANTEES
We are under a legal duty to supply Products that are in conformity with this contract.
A guarantee exists for the Products delivered by us only if such guarantee was expressly given.
Our liability for losses you suffer as a result of us breaking this contract is strictly limited to the purchase price of the Product you purchased.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. TRANSFER OF THESE TERMS
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
14. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15. OUR RIGHT TO CHANGE THESE TERMS
We may make changes to these terms 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.
The policies and terms and conditions in force at the time that you order Products from us will apply, 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 a despatch confirmation email, but if we do, you may contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received within 14 days.
16. LAWS WHICH APPLY AND WHERE LEGAL PROCEEDINGS MAY BE BROUGHT
There terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed via the following link: http://ec.europa.eu/consumers/odr