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Legal and Privacy

PRIVACY AND SECURITY

PRIVACY POLICY
This Privacy Policy was posted on July, 25, 2017.
At Fossil ("Fossil", "we" or “us”), we respect and protect your privacy rights. This Privacy Policy describes:
Personal Information we collect in our stores, our websites, or by any of our service providers through our website or in our stores, and purposes for which we use it.
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 items you purchased (provided we can connect them to your email/customer account).
Please note that this Privacy Policy DOES NOT apply to information we collect through any Fossil App or Fossil branded wearable technology device.  Please refer to the Privacy Policies in the Fossil App(s) for privacy information related to our wearable technology apps and devices.

WHEN WE COLLECT PERSONAL INFORMATION
We receive Personal Information from or about you depending on the nature of your activities, especially in the following cases:
Website:
Sign-up/Registering: We store the information that you provide to us, when
you create an account at our website (including email, name, date of birth and additional information you may voluntarily provide us such as your general interests, or when you create a wish list). We will also collect this information when you sign-up using a social media log in, such as via Facebook or Google+. We do not collect or store your social media password information if you sign up using a social media log in.

Electronic Receipt Registration:
You give us your name and email address in our stores to receive an electronic receipt for your purchase.
Transactions:
We collect details of purchases on our websites or in stores if you join our loyalty programme, elect to receive an electronic receipt (date, price and products purchased) as well as when you return or exchange a product or when you send us your product for warranty or repair service and any communication in connection with this.

Visiting our website/Using emails:
We store details of your visits to websites (such as pages visited, browser details, your IP address) and your interactions with any emails that we send to you. For more information, see our Cookies Section. We also collect information you share via our website, such as to request marketing materials, obtain a lost password, take an online survey or write an online review of our products.
Sweepstakes, Contest, or Promotion Registration: You provide your name and contact information to enter a sweepstakes, contest/competition, or promotion sponsored by us.

Social Media Sharing: You share any pictures/materials with us for publication on social media.

Referral Programs: When you refer or invite friends, family or others to participate in promotions, contests, competitions, or other referral programs we may offer, we collect the contact information that you share about these individuals.

HOW WE USE PERSONAL INFORMATION
Transactions/Provision of Services:
Transactions:
We use your Personal Information to process your purchases, send you confirmations or electronic receipts (if you requested this), screen transactions for fraudulent behaviour, and handle any returns, exchanges or repairs to your products, to respond to customer service requests, and for any related communications.

Administer Websites:
We use your Personal Information to administer your website accounts such as to enable you to access your shopping bag, to see products you purchased from us, products you saved for later, products you registered (which may earn you rewards to redeem at stores), or to show you other products that may interest you. We also may use your Personal Information to provide other services, such as to process catalog requests, to process email marketing requests, to provide you with promotional offers, verify your identity in the event you lose your password, or process your product reviews.

Customer Loyalty Program:
When you enter our loyalty programme we process personal data such as your purchases to determine and provide you with loyalty rewards.

Referral Programs:
When you refer products or promotions to other persons we use such data to provide you with discounts/special offers we specified for such a referral. We can also collect the number of referrals and the purchases brokered by your referrals to determine if you are eligible for further discounts/special offers in accordance with the terms and use of our referral programme. We may send an email or communication to the referral’s provided contact information, but we do not permanently store their information for future marketing purposes unless we obtain the referred party’s consent.


Sweepstakes or Contests:
When you enter a sweepstake, contest, or competition we sponsor, we process your Personal Information to enable your participation.

Analytics: We may store details of your visits to our websites and your electronic interactions with any emails that we send to you ("Usage Data") under a pseudonym (i.e. not under your name but under an ID number), including the pages you visited and services you used. If you want to object to the collection of such Usage Data please send an e-mail to ukenquiries@fossil.com. We use such Usage Data to help us learn more about our users’ shopping preferences, to be able to tailor our offers and websites according to your interests and preferences, to help us address problems with and improve our site design, products and services, to analyse trends and statistics and to present content in the clearest and most friendly manner for you.

Marketing:
We may contact you for direct marketing purposes per email, or via other electronic communication methods (e. g. social media) unless you have opted-out from receiving further direct marketing messages (see below for your opt-out options). For certain types of direct marketing methods (e.g. text messaging), we will obtain your explicit consent prior to sending you direct marketing messages. We may use your Personal Information for other marketing and market research purposes to learn more about our customers and users.

Securing our assets:
We may also use Personal Information to protect the security or integrity of our websites and our business.

Other: We may use and collect Personal Information for any purpose associated with or related to the above purposes.

USE OF PERSONAL INFORMATION FOR MARKETING PURPOSES
As indicated above, we may use your Personal Information for marketing and market research purposes to learn more about our customers and users as well as for direct marketing purposes. We will only contact you for direct marketing purposes in accordance with applicable laws, meaning that:

You may receive letters from us, unless you have opted-out of this;
You may receive e-mails from us for products similar to the ones you have purchased, unless you have opted-out of this; and
Any further direct marketing contact with you (such as further e-mails, SMS messages) requires your prior explicit consent. When we send you marketing material we will only market our own products from categories such as Watches, Bags, Wallets, Jewellery and Gifts to you. You may opt-out of our use of your Personal Information for marketing, market research, or direct marketing purposes at any time by sending an email to ukenquiries@fossil.com.

COOKIES AND OTHER TECHNOLOGIES
We are using cookies and other technologies like pixel tags for purposes described below. Cookies are small files which are sent from the website and then stored on the hard drive of your device. Pixel tags, also called web beacons are clear image (i.e. non-visible) files that may be placed on a website or in an email and request information from your device such as your browser type (also referred to as "Cookies").

You can control many tracking tools, including cookies, from your browser. In particular, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our websites.

Additionally, some Internet browsers have a ‘do not track’ feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to such signals.

TYPES OF COOKIES
We use session Cookies that expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) and persistent Cookies which remain on your hard drive until you erase them or they expire. How long a persistent Cookie remains on your browser depends on how long the visited website has programmed the Cookie to last or they can be stored for longer.

We use Cookies for different purposes, which can be categorised as follows:

• Functional Cookies: These Cookies are required for the website to function and for you to use our services. They include, for example, Cookies that enable you to log in, use a wish list or store products in a shopping cart. They may also enable us to recognize you when you return to our site and store information about your preferences, so they allow us to customize our site according to your individual preferences (such as the language chosen by you).

• Analytical Cookies: These Cookies analyse how users navigate around the website (pages visited, links used etc.) or how they use emails we sent to them. They enable us to better understand interests of users and to improve our website and services

Google Analytics:
This Website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). The information generated by the cookie is usually sent to a Google server in the USA. On our behalf, Google will use this information to evaluate your use of the website and to compile reports on website activities. The IP address transmitted by your browser is not collated with other data by Google. You can learn more about Google Analytics here: www.google.com/policies/privacy/partners/.You can prevent transmission of data relating to your use of the Website (including your IP address) to Google by downloading and installing the browser plug-in available at the following link.

Click Tale & Adobe Analytics:
We are also using ClickTale and Adobe Analytics to obtain details about the usage of our website. In order to do so both services – just like Google Analytics – are tracking your activities using cookies. You may disable the ClickTale service at the following link:  http://www.clicktale.net/disable.html. You may disable Adobe Analytics using the following link:  http://www.adobe.com/privacy/opt-out.html.

Third party advertising: We use third-party service providers to display advertisements (banners or links) on our behalf across the internet. These advertising service providers may collect information about your visits to our website and your interactions 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.

Currently, we use cookies from the following advertising delivery partners:

Criteo SA, whose privacy policy can be accessed by vistiting their website at the following link: http://www.criteo.com/privacy/. Each banner will include a link to Criteo’s Privacy Policy page that will include information on how to disable Criteo service. Criteo also creates a unique code (a "hash") from your email address if you log in on our website to be able to identify users across various devices.

Google: You can find more information about Google's re-marketing practices by clicking on this link: http://www.google.de/policies/technologies/ads/. If you want to prevent Google from setting cookies and collecting data for behavioural advertising, you may deactivate this setting by visiting this page.

Facebook: Through the use of the Facebook Pixel integrated on certain pages of our website, we are able to measure the effectiveness of our Facebook marketing campaigns (conversion tracking) and to create custom audiences of users who have visited our website. We will use those custom audiences to improve the targeting of our Facebook campaings. The Pixel is sending "Event Data" to Facebook to permit Facebook to track - on our behalf - the way visitors use our website.
You can opt-out from this by using the following links about online advertising:

Digital Advertising Alliance in the US
http://www.aboutads.info/choices/

Digital Advertising Alliance of Canada in Canada
http://youradchoices.ca/choices

European Interactive Digital Advertising Alliance in Europe
 http://www.youronlinechoices.com

DISCLOSURE/SHARING OF PERSONAL INFORMATION
We may disclose or share your data with other companies for the purposes described in this Policy. These other companies might be members of Fossil group (e.g. subsidiaries) or other third party providers, which may be based in other jurisdictions than your country of residence. Third party providers perform various and different services, like a shipping company that delivers a package, a payment service provider that enables us to manage multichannel payment transactions, or a company that helps facilitate our direct marketing communications. In these instances, we will need to share your Personal Information with these companies. Further examples of other services are online surveys, credit checks and supporting and maintaining our IT infrastructure. Where we engage service providers that use Personal Information on behalf of us we will use reasonable measures to contractually ensure that Personal Information is only used for the purposes defined by us and (provided that your Personal Information is subject to the Privacy Shield) we will remain liable for the requirement that processing of Personal Information by a service provider is consistent with our instructions unless we are not responsible for such inconsistent processing.

Any Personal Information that you include in the text of a product review may be made public in the product review section of the Website.

The information contained in your wish list may be shared with the friends and family that you instruct us to share it with.

We may share your Personal Information where necessary in order to comply with any legal obligation, legal requests by public authorities, including requests to meet national security or law enforcement requirements, to protect and defend us, our subsidiaries and affiliates and all of our officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim or dispute or in order to enforce or apply our terms of use and sale and other agreements.

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, provided that the third party agrees to adhere to terms similar to those of this Privacy Policy. If your information is subject to Privacy Shield we will provide you with an opportunity to reject the transfer of your Personal Information in such cases.

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 is subject to the privacy policies of the third parties. 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.

We may disclose aggregated, non-personal information about website users without restriction.

RETENTION PERIOD
We will keep your Personal Information for as long as necessary for the purposes described above or as long as we are required by law. After this your Personal Information will be deleted. We cannot remove your Personal Information when there is a legal storage requirement, such as accounting rules or when there are other legal grounds to keep the data, such as an ongoing contractual relationship.

SECURITY
The security of your Personal Information is important to us. Accordingly, while no set of privacy and security standards or safeguards is 100% secure, we take steps to ensure any information that you share with us is kept secure and strictly confidential in accordance with this policy. We take various precautions to protect information from loss, misuse and unauthorised access, collection, use, disclosure, copying, modification, alteration, destruction or similar risks.

LINKS TO OTHER MATERIALS
If you are offered a link to connect to a third-party website, it is for the convenience of our website visitors. Sites linked to and from this website are not necessarily under the control of us and we have no responsibility for the content or privacy practices of any such linked site or service. We recommend that you read the privacy policies of those third parties to see how your information is handled, processed, or shared.

OPT-OUT PROCEDURES
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.
You may opt-out by contacting us through the different options we provide in chapter “How to contact us”. Your opt-out choices do not apply to any communication which is not promotional in nature.

If you do not exercise your opt-out or "do not share" choices upon registration on one of our websites, it may take up to ninety (90) days for your opt-out choices to be fully effective.


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.

PRIVACY SHIELD
As Fossil Group, Inc. is a US based company, Personal Information will be primarily stored in the United States. In order to provide an adequate level of protection according to EU laws, Fossil Group, Inc., complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework Principles as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of all personal data from the European Union and Switzerland to the United States, respectively. Fossil has certified that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access and recourse, enforcement and liability and is supervised by the U.S. Federal Trade Commission (FTC). If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Fossil's certification, please visit https://www.privacyshield.gov/welcome.To view Fossil’s certification on the Privacy Shield list, see the U.S. Department of Commerce’s Privacy Shield certification list located at https://www.privacyshield.gov/list. Fossil Group’s subsidiaries, including Fossil Partners, LP, also adhere to the Privacy Shield Principles.
If your Personal InformationData is subject to the Privacy Shield, and you do not believe Fossil has adequately addressed your privacy concerns, you can also address your concerns regarding the use of your Personal Information to the Direct Marketing Association (DMA) https://thedma.org/  free of charge.
DMA contact information:
Privacy Shield Line
DMA
1333 Broadway, Suite #301
New York, NY 10018
To file a complaint/inquiry: https://thedma.org/shield-complaint-form/
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 alternative dispute resolution proceedings you may invoke binding arbitration as further described in the Privacy Shield.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy was posted on July 25, 2017. Any changes we may make to our Privacy Policy in the future will be posted on this page and, when appropriate, notified to you by email.

HOW TO CONTACT US
Please address any questions or concerns, enquiries, complaints, requests to access or correct your Personal Information, or requests to limit the processing of your Personal Information regarding our Privacy Programme or our practices concerning Personal Information to: Fossil.de.
Fossil (UK) Ltd
Featherstone House
Featherstone Road
Wolverton Mill
Milton Keynes
MK12 5TH
Fossil Partners
Attention: Chris King
Chief Compliance Officer
901 S. Central Expressway
Richardson, TX 75080
USA
E-mail: CorporateCompliance@fossil.com

TERMS AND CONDITIONS

TERMS OF USE AND SALE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.skagen.com ("our site ") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click the "I Accept" checkbox under the payment information in the checkout process if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

INFORMATION ABOUT US
Our site is operated by Fossil (UK) Limited ("we/us/our"). We are registered in England and Wales under company number 3062442 and with our registered office and main trading address at Featherstone House, Featherstone Road, Wolverton Mill, Milton Keynes, MK12 5TH. Our VAT number is GB 785 4070 11.

WHERE YOU LIVE AND YOUR STATUS
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside of the United Kingdom.

By placing an order through our site, you warrant that:

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • you are resident in the United Kingdom; and
  • you are accessing our site from the United Kingdom.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

Please see our guide for instructions on how to place an order.

Your order constitutes an offer to us to buy and pay for a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched ("the Despatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Despatch Confirmation.

The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

We reserve the right to refuse any order you place at our sole discretion.

OUR STATUS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. Further information on your statutory rights can be found at www.consumerdirect.gov.uk.

DELIVERY
Your order will normally be delivered in 4 - 6 working days after you have placed your order. In any event, the order will be fulfilled within 30 days of the date of the Despatch Confirmation unless there are exceptional circumstances.

For PayPal orders, delivery shall always be made to the account holder’s address.

Current delivery charges will be displayed at the checkout and included in your total order amount.

We will email you as soon as the order has been despatched.

RISK AND TITLE
The Products will be at your risk from the time of Your acceptance from the carrier. Please note that you will need someone to sign for and accept delivery of the Products.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT at the current UK rate.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly described, pictured or priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by UK credit or debit card, or by PayPal. We will charge your account when we receive your order. If at time of despatch any item(s) is out of stock, we will refund the cost.

CONTRACT CANCELLATION
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. You will not have any right to cancel a Contract for the supply of any Product which has been personalised for you or at your request, unless we are at fault.

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

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

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

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

We will make the reimbursement without undue delay, and not later than -
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

This provision does not affect your statutory rights. For further information on your statutory rights, please see www.consumerdirect.gov.uk.

OUR REFUNDS POLICY
If you wish to return Products to us, please telephone or email us or use the online cancellation form. We will then send you address labels for use when returning the Products to us. You must return the Products by a means protected by insurance covering the value of the Products and by a method that requires a signature from us to acknowledge our receipt of the returned Products. Alternatively we will arrange for collection at your cost.

When you return a Product to us:

because you have cancelled the Contract between us within the 14 day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, subject to condition, including any delivery charges paid by you to us for delivery of the Product to you. You will be responsible for the cost of returning the item to us.
for any other reason permitted on our Returns and Exchanges page (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of any refund to which you are entitled via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including the reasonable cost incurred by you in returning the item to us.
We will refund any money received from you using the same method originally used by you to pay for your purchase.

OUR LIABILITY
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will remain so for a period of 24 months from the date of delivery.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss or corruption of data; or
  • waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

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

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