Legal and Privacy

PRIVACY AND SECURITY

PRIVACY AND SECURITY
Our site is operated by Fossil (UK) Limited (company registration number 3062442) ("We" or "Us"). We are committed to protecting and respecting your privacy.

This policy (together with our terms of use and sale and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Fossil (UK) Limited of Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH.

Our nominated representative for the purpose of the Act is Bob Kay.

PERSONAL INFORMATION WE COLLECT FROM YOU
We may collect and process the following data about you:

  • Information that you provide by filling in forms on our site www.skagen.com (our site). This includes information provided at the time of registering to use our site or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of transactions you carry out through our site and of the fulfilment of your orders.
  • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access.

IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to:

  • Estimate our audience size and usage pattern
  • Store information about your preferences, and so allow us to customise our site according to your individual interests
  • Speed up your searches
  • Recognise you when you return to our site

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may also use cookies, over which we have no control.

WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION
We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you, and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this by leaving checked the box to receive e-mail offers.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please ensure you are not subscribed to the e-mail newsletters.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Fossil (UK) Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and sale and other agreements; or to protect the rights, property, or safety of Fossil (UK) Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by NOT subscribing to e-mail newsletters. You can also exercise the right at any time by contacting us.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to our Online Store Team.

SAFE HARBOR CERTIFICATION
If you choose to provide us with personally identifiable information, you consent to the transfer and storage of that information on our servers located in the United States. Fossil adheres to the Safe Harbor Privacy Principles as established by the U.S. Department of Commerce and approved by the European Commission. For more information about the Safe Harbor program, visit the Department of Commerce's Safe Harbor. http://export.gov/safeHarbor/

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.

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.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