Legal and Privacy

FOSSIL GENERAL PRIVACY NOTICE EU

Last updated on May 25, 2018

At Fossil UK Ltd, (“Fossil”, “we”, “us” or “our”) we value your data protection rights. In this Notice we provide you with both a brief summary of which personal data we use when you visit our website and purchase our products and about your rights, and an in depth explanation starting with section 1. below.

Service Provision

We and our service providers process personal data related to you in order to provide you with the full range of services and features of our website. This includes data for the setting up of a customer account and data required to receive products and services.

Analytics

We and our service providers track and run analyses of the usage of the website and, if you subscribed to it, of our newsletter to understand how they are used and improve them.

Marketing

We can use your data for marketing purposes to provide you with personalized offers about our products and services, unless you opt-out.

Recipients

Our service providers and Fossil Group members also access your data in order to provide services to you as described in this Privacy Notice.

Your rights

Your rights include the right to access, correct, and delete your information, and, if applicable, withdraw your consent, object to, or restrict the processing.

Location of your data

Data we use will be primarily stored in the United States with us and our cloud service providers, if necessary, either in accordance with the EU-, and the Swiss- U.S. Privacy Shield Framework or subject to other appropriate safeguards.

1. What personal data do we use for which purposes and on which legal basis?

In order to provide you with our services and the full range of features of our website we and our service providers use your data (including your name, email address, password and IP address) for the following purposes:

  • When you create a customer account, to manage your account, to provide access to your shopping cart, to display purchased, reserved and registered products, or to present other products presumably of interest to you, to verify your identity if you forgot your password and to process your product reviews.
  • When you choose to provide us further information, such as date of birth, address, personal settings, a wish list and your gender to enable us to personalize both your profile and our recommendations for you.
  • When you order goods online, in this case we additionally need your address, telephone number and payment information, to process your purchase, send you confirmations, verify transactions for fraudulent activity, and to process returns, repairs and exchanges of products.
  • When you purchase a product in a Fossil retail store and request an e-receipt to process your request.
  • When you participate in loyalty programs, recommend our products to others, redeem a gift card, or when we offer you discounts and bonuses etc. we use this information in addition to purchase-related information to determine whether you are eligible for additional discounts and special offers.
  • When you ask us to forward a wish list to a friend or when you provide us the contact details of this friend we will use it as well to process your request.
  • When you contact us to answer your requests, provide customer support and handle your inquiry.
As far as this processing is necessary for the performance of the contract with you it is based on Art. 6 (1) b of the EU General Data Protection Regulation (GDPR). Voluntary information is processed under Art. 6 (1) f GDPR, our legitimate interest to offer a functionally appealing and user-friendly website. In addition, GDPR allows for the processing required by law, and, thus, e.g. to answer your inquiries via the means provided without undue delay.
 

In principle, we delete information related to your

  • account upon your request and after three years of inactivity,
  • purchase after expiry of the relevant legal retention period,
  • participation in loyalty programs, recommendations etc. after three years.

Certain of our processing activities we want to explain to you in more detail:

1.1 Credit check

We want to offer you the possibility to order on account. For this purpose CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 München, Germany ("credit agency") runs a credit check for us, based on your name, date and place of birth, (previous) address, information about previous payment problems, references about fraudulent behaviour, information from public registers or bulletins. Using mathematical-statistical procedures the credit agency determines how likely it is that our customer will pay our bill. On the sole basis of an automated decision (without manual checking), only a positive result will make available the option "order on account". This processing is based on our legitimate interest (Art. 6 (1) f GDPR) to offer different ways for payment. We do not store this information.

1.2 Interest based advertising

To select which marketing information may be of interest to and to personalize ads and offers for you, on the grounds of Art. 6 (1) f GDPR, we

  • use publicly available information (e.g. from your social media profiles)
  • analyze your account information and how you use our services including our website, ads on third party websites and our newsletter
  • use information of your redemption of a gift card, entering of a sweepstake, contest, or competition, or of your participation in a survey
  • use information collected by our service providers (e.g. Adobe or Google)
  • send you promotional emails for products similar to your prior purchases, or contact you via other channels of electronic communications, unless you opted-out. For any other contact for direct marketing purposes (e.g. further emails, newsletter, SMS messages) we will ask for your consent.

In principle, we delete such advertising related data after a maximum retention period of three years.

1.3 Your reviews and shared content

When you post a product review on, or upload an image or other material to our website or when you share content with us on third party websites, such as social networks, based on our legitimate interests (Art. 6 (1) f GDPR), we publish and use this information on our and third party websites. We delete such data after 5 years. We do not control and do not assume responsibility for the use of information by such third party websites. For information about their use of your information, please visit their privacy policies.

Please also note that you must own the intellectual property rights in the content you upload to our website and share with us and must not violate rights of others (e.g. intellectual property or data protection rights). In uploading you grant us, and our respective service providers, a royalty-free, unrestricted, non-exclusive, perpetual, irrevocable, sub-licensable, transferrable and worldwide license to use, edit, copy, adapt, translate, publish, display, make available, communicate and distribute the content partially or in whole, and to incorporate it in other works for any purposes such as advertising, marketing and promotions and in any form, media or technology known today or later developed.

1.4 Cookies and Other Technologies

Every time you visit our website, our system stores data related to your browser, its version, the operating system of your computer, your IP address, date, length and time of your visit, the website you accessed before and the one you visit following links on our website. We base this processing on our legitimate security interest (Art. 6 (1) f GDPR) and delete log files without undue delay, the latest after 6 months after the session has ended.

In addition, we use cookies and other technologies such as pixel tags. Cookies are small files stored on your computer's hard drive. Pixel tags, also known as web beacons, are invisible files, which can be contained in web pages or emails, and which request information about your computer, such as e.g. the browser used. We base the processing on our legitimate interest (Art. 6 (1) f GDPR) in providing a website with special functionalities, optimizing it and ensuring the security of our IT. Cookies have an expiry date.

Before we explain to you which categories of cookies and other technologies (all together we call "Cookies") we use, we want to point out that you can

  • generally reject browser Cookies via the settings of your browser, or
  • disable certain categories of Cookies under this link (If so, an opt-out cookie will be installed on your computer preventing all data traffic through the corresponding category of Cookies)

Please note that certain functionalities of our website and services may not be accessible to you if you disable the use of certain Cookies.

1.4.1 Functional Cookies

Based on our legitimate interest to improve our website (Art. 6 (1) f GDPR) we use Cookies to enable and facilitate the entry to and the use of our website, e.g. to optimize the display of country-specific content in your national language, including third party Cookies. This includes a social plugin provided by Gigya, Inc., 2513 East Charlestone Road, Mountain View, CA 94043 United States (“Gigya”), for a single sign on service enabling you to log in to your Fossil customer account using your social media identity for authentication. Gigya uses on our behalf data including IP address, page views, browser type, interactions with Gigya’s services, the previous webpage and social actions such as sharing and commenting, for delivery facilitation of our service and for internal reports.

Other services we use for increasing functionality are e.g. Adobe Scene 7 by Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland ("Adobe"), Youtube and Google Maps, both provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA ("Google").

1.4.2 Social Cookies

We use Cookies to enable you to share our website and content such as information about our products on social media platforms. These include Facebook, Pinterest, Twitter, Instagram and Google+. We use these share buttons to make it easier for you to spread information about content you like via social media. If you click on such a button you will be lead to the social media platform directly.

1.4.3 Analytical Cookies

Without linking it to your name, but storing it with an ID number on the basis of Art. 6 (1) f GDPR we use information about our services you use and how you use them (e.g. articles you clicked on in our emails or on our website). We use this information to learn about shopping preferences to tailor our offers and websites, to resolve problems with websites, products and services, to analyze trends and statistics and to present our content in the most appealing and user-friendly way for you. 

→ You can disable analytical Cookies under this link. 

  • We use Google Analytics, an analysis service provided by Google to store "analytical cookies" on your computer on our behalf. In order to use Google Analytics, we send anonymized information about e.g. your usage of our website and the terminal devices used to Google, where the data is aggregated and analyzed to provide meaningful reports for us. We do not combine data from Google Analytics with any of your personal information, neither does Google merge them with data about you. As it can occur that your personal data is transferred to the USA, Google self-certified its adherence to the EU-U.S. Privacy Shield Framework. 

You can object by installing a browser plugin clicking here.

  • We use Adobe Analytics (Omniture), an analysis service of Adobe. Adobe stores Cookies on your computer to process information about you and your usage of our website on our behalf. We transmit your IP address after it is pseudonymized prior to the geolocalization and replaced by a generic IP address before storage. For the exceptional cases in which personal information is transferred to the United States, Adobe has self-certified to the EU-U.S. Privacy Shield Framework. 

You can object following this link.

  • We use Clicktale Heatmaps and Session replays, a customer experience analytics service of ClickTale Ltd, 2 Shoham St., Ramat-Gan 52521, Israel (“Clicktale”). The Clicktale service uses Cookies to help us obtain details about the usage of our website. Clicktale my receive your IP address. We only use Clicktale service to record information such as mouse clicks, scrolling activity, mouse movements as well as non-personally identifiable information text you enter on our website. Israel is deemed  a country that offers an adequate level of data protection. If your data is being transferred to the United States, Clicktale complies with the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Click here to disable ClickTale.

1.4.4 Marketing Cookies

We cooperate with third party service providers placing ads on our behalf on their websites. These providers use Cookies to monitor your usage of and interaction with our website and ads. We base the use of this kind of Cookies exclusively on your consent (Art. 6 (1) a GDPR). 

You can disable marketing Cookies under this link. 

Please note that if you maintain a user account with third party service providers (e.g. facebook) they may be able to identify you.

  • We use Bluecore, a retail marketing platform for performance-driven email provided by Bluecore, Inc., 116 Nassau Street, 10038 New York, USA (“Bluecore”). Bluecore collects your email address, IP address, customer ID, purchase history data and other profile information when you visit our website, or when we share historical information about a user by using Cookies. Bluecore may also collect information about your physical location (e.g. geolocation of IP, postal code) when you visit our website via your mobile device or computer. Bluecore creates a single unified user view by mapping your on-site behavior and email engagement activity to the email address and Cookie ID. Bluecore complies with both the EU-U.S. and the Swiss-U.S. Privacy Shield Framework.
  • We use Certona Product Recommendations, an advertising service for customized product discovery provided by Certona Corporation, 10431 Wateridge Circle, Suite 200, San Diego, CA 92121, USA (“Certona”). Via your use of our website Certona collects your IP address, products viewed and purchased and your opt-in/out preference to help us personalize your experience on our website, giving you relevant product recommendations and targeted emails. Certona also collects your email address shared with us with our explicit approval. Your data will be transferred to Certona’s servers located in the United States. The transfer is based on a contract including EU Commission’s standard contractual clauses. 
  • We use Criteo Dynamic Retargeting, an analysis and advertising service provided by Criteo SA, 32 Rue Blanche, 75009 Paris, France ("Criteo"). Criteo places Cookies on your browser allowing for the analysis of trends and the identification of your interests. Criterio processes your IP address for e.g. fraud prevention. If also processes your email address, creating an individual code ("hash") from it when you log in to your customer account for the purpose of cross-device-identification. Criteo displays our ads on websites of its business partners that may also place Cookies on your browser. It cooperates with different platform providers (e.g. Adform, Adscale or Improve Digital) which also may set respective Cookies. 

To opt-out from Criteo click on this link.

  • We partner with Datalogix, a marketing service provided by Oracle 500 Oracle Parkway, Redwood City, CA 94065, United States (“Oracle”). Datalogix helps us measure the effectiveness of our online marketing and provide you the most relevant messaging and offers. Datalogix uses your personal data such as contact and purchases data, usage information and your IP address in order to improve audience targeting and measure sales impact. We use profiles and interest segments created by Datalogix for marketing campaigns to try to make the content and ads you receive more relevant. These profiles are created through the use of Cookies including cross-device technology. Datalogix can share your marketing information with third party service providers in order for those service providers to perform business functions for Oracle or on behalf of Oracle customers. Oracle complies with the EU-U.S. and the Swiss-U.S. Privacy Shield Framework.   

You can install an opt-out cookie following this link

  • We use DoubleClick Campaign Manager, an analysis service provided by Google to improve advertising based on what is relevant to you, to improve reporting on campaign performance and to avoid showing ads you have already seen. DoubleClick places a Cookie on your browser. Depending on your settings, information associated with Cookies used in advertising may be added to your Google account. For detailed description of Google's processing go to "Google Analytics".  

To opt-out from receiving personalized ads from Google click here.

  • We partner with Google Remarketing Adwords to display ads to visitors of our website on third party websites. To avoid repetition in displaying ads, to stop and detect click fraud and to show you relevant ads, based on websites you have visited before, Google uses Cookies. Google stores i.a. your web request, IP address, browser type and language, date and time of your request. Google also places one or more Cookies uniquely identifying your browser. Google stores your data mainly for improvement of the services and for security reasons.This data is being anonymized by removing part of the IP address (after 9 months) and cookie information (after 18 months).

To prevent Google from collecting data for behavioral advertising you may change the settings on this page

  • We integrate a so-called custom audience pixel provided by Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook") into our websites ("pixel"). The pixel collects data about the usage of our websites (e.g. which pages you have visited) and sends them in hashed form to Facebook. The data are used for statistical and market research purposes to understand how users behave after clicking on an ad placed on the Facebook website. This enables us to measure the effectiveness of our marketing campaigns run on Facebook websites (conversion tracking) and target our advertising to groups created by Facebook. We can also show you advertisements via your Facebook feed, according to your website usage you may find interesting. If you visit our website after you visited Facebook we can only identify you and assign this information to your customer account if you, e.g., place an order.
  • We use Responsys, a service provided by Oracle (more information above under “Datalogix”). Responsys helps us to manage and orchestrate our marketing interaction with you across email, mobile, social, display and the web. We use Responsys to send you newsletter or e-receipts. Responsys may collect your personal information, contact and purchases data, usage information and your IP address.

You can opt-out from this analysis by clicking the unsubscribe link on each email.

2. Where do we get personal information from?

Most of the personal data we process we received by you, be it because you entered it during the registration process, placing an order, or because we tracked your usage of our website or newsletter etc. However, we also may receive information about you from other sources, such as, Fossil Group member companies, and, if publicly available, from third party websites. In some cases we receive personal information about you from our service providers e.g. from FullContact Inc., Facebook, Google, Responsys.

3. When do we share personal information?

We will share your personal information in the following cases:

3.1 Legal obligation and internal purposes

We disclose your personal information (i) in order to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal processes, including requests to meet national security or law enforcement requirements; (ii) in order to protect and defend the rights or property of us or third parties; or (iii) in an emergency, in order to protect the safety of our employees or any person.

3.2 Joint processing within Fossil Group

Your information will be combined with other personal information that Fossil Group companies have obtained about you (e.g. wearable data, purchase details of your wearable device, other goods you have purchased on a company website). We will also make your data available to Fossil Group companies if required to provide warranty and other after-sale services to you (for information about Fossil Group member companies click here.)

3.3 Sharing with third parties

We involve other companies for the provision or the hosting of services, who are permitted to use personal information only on our behalf and must not use it for their own purposes, unless permitted by law.

We share the data with service providers

  • providing customer care services (e.g. Zendesk Inc.)
  • for functional, social, analytical technologies and technologies enabling behavioral marketing (1.4)
  • using data cleansing techniques in order to ensure that your data such as your address are correct (e.g. Acxiom Corporation)
  • providing payment services (e.g. PayPal S.à r.l, et Cie, S.C.A)
  • for transport and logistic services (e.g. Deutsche Post DHL Group)
  • providing hosting and general IT services (e.g. Amazon Web Services, Inc. and Google, Inc.)
  • for social media services (e.g. Facebook or Google)
  • providing credit checks (1.1)
  • for direct marketing campaigns (e.g. Oracle, Google, Facebook).

4. For how long do we use personal information?

We will retain your personal information as long as necessary to provide you with functionality and services as described above under chapter 1. In some situations and to the extent necessary, however, we may keep some of your personal information for longer. Examples include the defense against, or the establishment of, legal claims and legal obligations (e.g. tax law, or the principle of accountability, which requires us to demonstrate that our processing complies with applicable data protection laws). In order to verify whether you opted out or in to marketing activities, we e.g. store your respective choice (e.g. via a cookie or a declaration).

5. What are your rights?

On our website you will find the section "My account", where you can change your personal data stored with us.  

We encourage you to address any inquiries or concerns regarding our use of your information using our contact details displayed in 10. Like this you also may exercise your right to request (i) access to, (ii) correction of, (iii) deletion of, and (iv) restriction of personal information we hold about you. You also have the right to (v) data portability (to receive data you provided in a machine readable format) and, where applicable, (vi) withdrawal of your consent, (vii) opt-out from receiving marketing notifications, and (viii) object to the processing we base on our legitimate interests. Apart from this you have to right to (ix) lodge a complaint with the responsible data protection authority.

6. Data Storage in the U.S.

Personal information we collect will be primarily stored in the United States with Fossil Group member companies and our cloud service providers in accordance with the EU-, and Swiss-U.S. Privacy Shield Framework. To the extent permitted by applicable law (including EU law) we also use and transfer personal information in and to other countries and territories. Your information may thus be subject to U.S. and foreign laws and accessible to U.S. and foreign governments, courts, law enforcement and regulatory agencies.

In order to provide an adequate level of protection, Fossil Group, Inc., complies with the EU-U.S.- and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce, to which Fossil Group has certified that it adheres to the Privacy Shield Principles. As a consequence, Fossil Group is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. If there is a conflict between this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program please visit https://www.privacyshield.gov/welcome. To view Fossil Group’s certification on the Privacy Shield list, please visit www.privacyshield.gov/list. Fossil Group’s subsidiaries, including Fossil Partners, LP and Misfit, Inc., also adhere to the Privacy Shield Principles.

If your information is subject to the Privacy Shield, and you do not believe Fossil Group has adequately addressed your privacy concerns, you can address your concerns to the DMA free of charge as follows:

DMA, Privacy Shield, 1333 Broadway, Suite #301, New York, NY 10018

To file a complaint/inquiry:
https://thedma.org/resources/consumer-resources/privacyshield-consumers/

For information about the DMA and their Privacy Shield program visit: https://thedma.org/resources/consumer-resources/privacyshield-consumers/

In cases where the issue cannot be resolved by us or through the DMA you may invoke binding arbitration as further described in the Privacy Shield.

7. international Transfers

In addition to the service providers described under chapter 1.4 we cooperate with service providers located outside the EU or the EEA (see e.g. the list in chapter 3.3), all of which are Privacy Shield certified. Where this is not the case we make sure we base our contract upon standard contractual clauses, which grant an adequate level of data protection, unless another adequacy decision applies.

8. What happens if we Change this Privacy Notice?

This Privacy Notice is effective as of May 25, 2018 and may be updated from time to time. We will notify you of material changes by posting a prominent notice on our website or by sending you an email. If your personal information is subject to the Privacy Shield, and if we decide to use your information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized by you, we will notify and provide you with the opportunity to opt-out of our use of your information for that purpose.

9. Our referral to other websites

Whenever we provide links to other websites on our website, this is in the interest of our users or should be understood as a courtesy to the third party provider. Pages to which we link and pages that link to our website are not under our control. In such cases we are neither responsible for the content of these pages nor for compliance with the applicable data protection regulations of those providers. We recommend that you carefully read the privacy statements of these third parties to learn how your personal information is stored, used or shared.

10. Who are we and how can you contact us?

This website is provided by Fossil UK Ltd, Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH , United Kingdom, T.: +44 (0) 2038685989, e-mail: ukenquiries@fossil.com.

You can get in touch with our data protection team and the responsible data protection officer we designated in every case required by law per email using privacy@fossil.com.

TERMS AND CONDITIONS

TERMS OF USE AND SALE
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.skagen.com ("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.

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 and pay for 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 Your acceptance from the carrier. 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 at the current UK rate.

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 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 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.

CONTRACT CANCELLATION
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 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.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail, quoting the Order Number). You may also use the attached model cancellation form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). You will have to bear the direct cost of returning the goods.

You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate to us your cancellation from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

The goods must be in new, unused condition, and complete with all packaging, instructions, warranty booklets and certificates where supplied. We may make a deduction from the reimbursement for loss in value of any goods supplied, if any parts are missing or the loss is the result of unnecessary handling by you (i.e. more than would be normal in a retail shop to establish the nature, characteristics and functioning of the goods).

We will make the reimbursement without undue delay, and not later than -
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier. We will make the 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 the reimbursement.

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 or use the online cancellation form. 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 14 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, subject to condition, 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.

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.SKAGENWATCH.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 trademarks, 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 the paragraph 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.

ALTERNATE DISPUTE RESOLUTION
An Online Dispute Resolution Platform has been introduced by the European Commission. You may access this platform via the follow link: http://ec.europa.eu/consumers/odr/

NOTICES
All notices shall be given:

to us, by email to onlinestore@skagenwatch.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: June 2014