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.
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.
We can use your data for marketing purposes to provide you with personalized offers about our products and services, unless you opt-out.
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.
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.
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
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
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.
Click here to disable ClickTale.
1.4.4 MARKETING COOKIES
→ 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.
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.
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:
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 Kindgom, T.: +44 (0) 44-0-8444-123-277, Fax: +44 (0) 8444-123-278, e-mail: firstname.lastname@example.org.
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 email@example.com.
TERMS AND CONDITIONS
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 firstname.lastname@example.org or Fossil UK Ltd, Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH.
3. HOW WE MAY CONTACT YOU
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Where we are required to give you notice in writing or we refer to providing you with written notice this includes us giving you notice by email.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Please see our guide for instructions on how to place an order.
Your order constitutes an offer to buy and pay for a Product. All orders are subject to our acceptance. Our acceptance of your order will take place when we send you an email confirming that the Product(s) have been despatched, at which point a contract will come into existence between you and us in respect of those Products which have been despatched. Please note that the automatic confirmation email you receive is only an acknowledgment of your order and is not acceptance by us.
We will not be obliged to supply any other Products which may have been part of your order until we have sent you a despatch confirmation email in respect of those Products.
If we are unable to accept your order (or part of your order), we will inform you of this in writing and will not charge you for that Product(s). This might be because the Product is out of stock, the Product is unavailable for collection at the desired store, fraud prevention (if we suspect the purchase may be fraudulent) or because we have identified an error in the price or description of the Product. If payment has already been taken, this will be refunded to you.
The delivery time depends on the chosen shipping method. The delivery times stated on the site are approximate delivery times. In any event, the order will be fulfilled within 30 days of the date of the despatch confirmation email unless there are exceptional circumstances. The delivery is made by a shipping service provider independent of us.
We offer a free standard delivery service. Your order will be delivered in approx. 4 - 6 working days (meaning Monday to Friday, excluding Saturday, Sunday and public holidays) after you place the order.
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),
* 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.