FOSSIL GLOBAL PRIVACY POLICY

Last updated on August 13, 2019

At Fossil Group, Inc., its affiliates and subsidiaries (collectively “Fossil”, “Fossil Group”, “we”, “us” or “our”) we value your data protection rights. To find out which entity is responsible for the data processing in your case please refer to section 12 below. In this Global Privacy Policy we provide you with both a brief summary (in the box below) and anin-depth explanation (starting with section 1. below) of how we handle Personal Information. Since our privacy practices may vary among the countries in which we operate to reflect global practices and legal requirements, country-specific variations will be noted below.

This Global Privacy Policy describes:

  • Personal Information we collect in our stores, our websites, through our call-centers or through our repair centers, and the purposes for which we use it.

  • Personal Information we collect in order to handle your job application.

  • Personal Information we transfer to third parties.

  • Rights you have and how you can execute such rights.

“Personal Information” is information that can be used either directly or indirectly to identify you. Examples of Personal Information include your name, your email address and the items you purchased.

Please note that this Global Privacy Policy does not apply to Personal Information we collect through any of our Apps or wearable technology devices. Please refer to the Privacy Policies of our App(s) for privacy information related to our wearable apps and devices. 

For information on how we use cookies and similar technologies please visit our Cookie Policy.

  • 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 we offer. This includes data necessary to set up a customer account and data required to receive products and services. 

  • Marketing

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

  • Recipients 

We and our service providers access your data in order to provide services to you as described in this Privacy Notice. 

  • Your rights 

If you are a resident of the EU or the European Economic Area (EEA) you have the right to access, correct, and delete your information, 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, we and our service providers use your data (including your name, email address and IP address) for the following purposes: 

  • When you create an online 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 confirmation or back-in-stock notification and scan transactions for fraudulent activity. 

  • When you order goods to be picked-up in one of our stores, we need contact details such as name and email address of a pick up person other than you. 

  • 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 share a product or wish list via our homepage to a friend or when you provide us with the contact details of a friend we will use it only to process your request.

  • When you share any pictures/materials with us for publication on social media for such publication.

  • When you enter a sweepstake, contest/competition, or promotion sponsored by us to administer the sweepstakes, contest/competition or promotion.

  • When you return or exchange a product or when you send us your product for warranty or repair service, to process the request and any communication in connection with this.

  • When you contact us to answer your requests, provide customer support and handle your inquiry.

In principle (unless we have a legal or other legitimate reason to maintain it), we delete information related to you 

  • upon your request,

  • after expiry of the relevant legal retention period,

  • once we do not have any business purpose for retaining the data anymore.

In addition to those just described, we want to explain certain of our processing activities to you in more detail:

1.1 Recruiting process

We process your data in order to handle your job application if you apply for a job with us. For the application process we collect the information included in your CV/resume and cover letter, such as contact details, academic background, job history, skills and competencies, salary details, the IP address from the device you are applying from etc. Your data will not be kept for longer than it is necessary for the application process, employment or as required by applicable law.

1.2 Video surveillance

We process your data gained from video surveillance in some of our stores and campuses for security, loss and fraud prevention. We share this data in the cases described in section 3. The duration of the data storage depends on the governing national law unless storage is otherwise permitted (see section 4).

1.3 Credit check in Germany and Austria

For our customers in Germany and Austria we offer the possibility to order on account. For this purpose CRIF Bürgel GmbH, Leopoldstraße 244, 80807 Munich, 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 behavior, 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".

1.4 Interest based advertising

We may contact you for direct marketing purposes via email, mail, or other electronic communication methods (e.g. social media) unless you have opted-out from receiving direct marketing messages. For certain types of direct marketing methods (e.g. text messaging), we will obtain your explicit consent prior to sending you direct marketing messages. To select which marketing information may be of interest to you and to personalize ads and offers 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, participation in a sweepstake, contest, competition, or survey, 
  • use information collected by our service providers or partners (e.g. Google).
  • use information collected when you request an e-receipt in our stores or fill out an onboarding form.

1.5 Cross-device targeting

In order to save your preferences, analyze your usage of our websites, provide interest-based advertising to you and deliver tailored ads across multiple devices, we try to link the different devices you are using to you. Technically, we are storing cookies on all the devices you are using and match those cookies within our internal database.

1.6 Log files, Cookies and similar 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 use this information for our legitimate security interest and we delete log files without undue delay.

For information about our use of Cookies and similar technologies please see our Cookie Policy.

1.7 Your reviews and shared content

When you post a product or seller review 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, we publish and use this information on our and third party websites. We do not control and do not assume responsibility for the use of information by such third party websites.

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 the 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, transferable 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.

1.8 Legal Basis (EU)

Please find below the legal basis for every processing activity as required in the EU. 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). This applies to the recruiting process and all general activities, described under 1., unless expressly set forth otherwise in the following:

On Art. 6 (1) f GDPR (legitimate interests) we base the processing of

  • voluntarily provided information to offer a functionally appealing and user-friendly services website,
  • data gained from video surveillance to improve our service and for security, loss and fraud prevention,
  • data related to a credit check to offer different ways for payment,
  • log files for security reasons,
  • your data for promotional emails we sent you for products similar to your prior purchases to provide you with information presumably of interest for you. 

For any other direct marketing purposes (e.g. further emails, newsletters, text messages) we will ask for your consent (Art. 6 (1) a GDPR). In addition, GDPR allows the processing required by law (e.g. to answer your inquiries via the means provided without undue delay).

2. Where do we get Personal Information from?

Most of the personal data we process we received from you or your actions, be it because you entered the data during the registration process, placed an order, applied for a job vacancy or because we track your usage of our website or newsletter etc. However, we also may receive information about you from other sources, such as, Fossil Group companies, and, if publicly available, from third party websites. In some cases we receive Personal Information about you from our service providers and partners, e.g. from Facebook, Google etc.

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

  • 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,
  • in order to protect and defend the rights or property of us or third parties,
  • 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, goods you have purchased on a company website or from a store, repair transactions). We will also make your data available to Fossil Group companies if you apply for a job with us (for information about Fossil Group companies click here www.fossilgroup.com. We base this joint processing on an intra group agreement, allocating the responsibilities of the respective group entities. According to this agreement, each Fossil Group company will be responsible for the data processing related to its own business operations and will remain responsible for the personal data jointly processed with others. For you as our customer this means that the Fossil entity you are in touch with is responsible for processing your data and answering your requests. If you are not sure about the entity responsible in your case please contact privacy@fossil.com.

3.3 Links to Third-Party Websites and Services

On some pages we allow you to share Personal Information with third parties, such as social networks like Facebook. In these instances you are agreeing to the data being shared and the shared data being subject to the privacy policies of the third party. We do not control and do not assume any responsibility for the use of Personal Information by such third parties. For more information about the third party’s purpose and scope of their use of Personal Information in connection with sharing features, please visit the privacy policies of such third parties.

3.4 Third party advertising

We use third-party service providers to display advertisements across the internet. These advertising service providers may collect information about your visits to our website and your interaction with our products and services, as well as your visits to other websites. Such information does not include your name, address, email address but may contain browser-related information.

3.5 Public Disclosure

Any Personal Information that you include in the text of a product review may be made public in the product review section of our product pages. We may also share the information contained in your wish list with your friends and family as instructed by you or make it public on our Website in case you enable this function. Wish lists made public can be found by searching for your name or email address on our websites.

3.6 Sharing with third parties

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

As follows a list of categories of recipients together with the respective purposes:

  • to enable the functionality of our online application portals (e.g. IBM);
  • to provide customer care services (e.g. Zendesk);
  • providing hosting and general IT services (e.g. Amazon Web Services and Google); 
  • using data cleansing techniques in order to ensure your data, such as your address, is correct (e.g. Acxiom Corporation);
  • for functional, social, analytical technologies and technologies enabling behavioral marketing (for more details please refer to our Cookie Policy); 
  • providing credit checks (see section 1.3);
  • for social media services (e.g. Facebook or Google);
  • providing payment services (e.g. PayPal, et Cie, S.C.A, First Data Merchant Services, Paymetric, CyberSource, Google, Apple);
  • for transport and logistics services (e.g. DHL, FedEx);
  • for direct marketing campaigns (e.g. Oracle, Google, Facebook);
  • to administer sweepstakes, contests and competitions.

We may transfer your Personal Information to a third party in the event of a transfer of all or some of our assets to a third party. If your information is subject to the Privacy Shield (for more information on Privacy Shield please refer to Section 6 below) we will provide you with an opportunity to reject the transfer of your Personal Information in such cases.

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 section 1, as long as reasonably necessary to further our legitimate interests or as long as we are required by law. 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, for example, we store your respective choice (e.g. via a cookie or a declaration).

5. What are your rights?

With regard to Personal Information that you have provided or that has been collected under this Privacy Policy, you may opt-out of uses for direct marketing purposes, such as correspondence from us about our products and promotions. Please consider that if you exercise your opt-out choices, it may take up to ninety (90) days for your opt-out choices to be fully effective. To exercise your opt-out rights, please contact us at privacy@fossil.com.

5.1 Your additional rights provided by EU law

By contacting us as set forth in section 12 below in the EU you 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. Additionally, you have the right to right to (ix) lodge a complaint with the responsible data protection authority.

6. Data Storage in the U.S., Privacy Shield

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, we comply with the EU-U.S.- and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce. We have certified that we adhere to the Privacy Shield Principles. As a consequence, we are 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 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 we have adequately addressed your privacy concerns, you can address your concerns free of charge to an independent recourse mechanism listed below:

https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

In cases where the issue cannot be resolved by us or by the EU Data Protection Authorities you may invoke binding arbitration as further described in the Privacy Shield.

7. International Transfer (EU)

We cooperate with service providers located outside the EU or the EEA (see examples in the list in section 3.6), most of which are Privacy Shield certified. Where this is not the case we make sure we process your Personal Information based on contracts with standard contractual clauses, approved by the European Commission, unless we transfer your Personal Information to a country that was officially recognized by the EU as having adequate protection for processing of Personal Information or pursuant to another exception allowing the transfer as permitted by applicable law.

8. Age Requirements and Children’s Online Privacy Protection Act (“COPPA”)

We do not knowingly collect, maintain or use Personal Information about children under 16. Persons under the age of 16 may not use our Website without supervision from a responsible adult. We will never request Personal Information from a child under 16 without verifiable parental consent. If we become aware that a child under 16 has sent Personal Information without prior parental consent, we will remove his or her Personal Information from our records.

9. Access to and your rights regarding your Personal Information

This website gives you the ability to view and change the Personal Information you provided to us within the My Account section of the website. You may access information we hold about you, request a correction where data is incorrect or a deletion of your data, unless we have to keep your data for legal reasons. We encourage you to address any concerns you may have regarding our use of your Personal Information by using the contact details provided below.

10. What happens if we Change this Privacy Notice?

This Privacy Notice is effective as of August 13, 2019 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 you and provide you with the opportunity to opt-out of our use of your information for that purpose.

11. Links to and from other websites

Whenever we provide links to other websites on our website, this is in the interest of our users and should be understood as a courtesy. Pages to which we link and pages that link to our websites 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.

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

Please address any questions, concerns, inquiries, complaints, or requests regarding our practices concerning Personal Information to Fossil at:

Telephone Number: +1 (800) 449-3056

Fossil Group
Attention: Chief Compliance & Risk Officer
901 S. Central Expressway
Richardson, TX 75080, USA

You can also 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.

Our EU representative is FESCO GmbH, Natzing 2, 83125 Eggstätt, Germany. You can either contact our EU representative sending an email to eu-privacy@fossil.com or calling +49-89-7484 6815.

This website is provided by Fossil UK Ltd, Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH , United Kingdom, T.: +44 (0) 2038685986, e-mail: ukenquiries@fossil.com.

TERMS AND CONDITIONS

1. INTRODUCTION

These are the terms and conditions on which we supply any of the products ("Products") listed on our website www.skagen.com/en-gb ("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 onlinestore@fossil.co.uk 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.

5. DELIVERY

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.

Standard delivery

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.

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. 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 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.

 

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),

Date

*  Delete as appropriate.

 -- end of cancellation policy --

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.