Terms & Conditions of Sale

TERMS AND CONDITIONS OF SALE 

 

1. INTRODUCTION

 

(1) These are the terms and conditions on which we supply any of the products ("Products") listed on our website www.fossil.com/en-be/, ("our Website") to you. Please read these terms and conditions carefully before ordering any Products from our Website. You should print a copy of these terms and conditions for future reference.

 

(2) For orders placed online on our Website, we only conclude agreements in the English language.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

 

  1. Our Website is operated by Fossil Group Europe GmbH ("we/us/our"). We are registered in Switzerland under the company number CHE-111.699.344 and with our registered office and main trading address at Riehenring 182, 4058 Basel, Switzerland.

 

  1. You can contact us by telephoning our customer service team at +32 28086245, call charges may vary according to the service provider) or by writing to us at [email protected].

 

3. HOW WE MAY CONTACT YOU

 

  1. 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.

 

  1. 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

 

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

 

  1. You may choose Product(s) from the range in our Website and select them by clicking on the “add to bag” button. By clicking on “place order”, you submit a binding offer to purchase the Product(s) in the shopping cart. 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 dispatched, at which point a contract will come into existence between you and us in respect of those Products which have been dispatched.

 

  1.  We will send you an automatic confirmation of receipt by email, stating your order, for you to print out using the “print” function. Please note that the automatic confirmation email you receive is only an acknowledgment of your order and is not an acceptance by us. 

 

  1. 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.

 

  1. 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

 

  1. The delivery time depends on the chosen shipping method. The delivery times stated on the Website are approximate delivery times. In any event, the order will be fulfilled within 30 days of the date of the dispatch confirmation email unless there are exceptional circumstances. The delivery is made by a shipping service provider independent of us.

 

  1. Standard delivery

We offer a free standard delivery service. Your order will be delivered in approx. 2 - 4 working days (meaning Monday to Friday, excluding Saturday, Sunday and public holidays) after you place the order. For personalized Products, this delivery period is extended by 1 - 2 working days

 

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

 

  1.   We only deliver to addresses within Belgium.

 

6. OWNERSHIP AND RESPONSIBILITY

 

  1.  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 once you have (or someone on your behalf has) collected it from the carrier's depot.

 

  1.  All Products delivered by us remain the property of Fossil until payment has been made in full.

 

7. PRICE AND PAYMENT

 

  1.  The price of any Products (which includes VAT) will be the price indicated on the order pages when you placed your order.  

 

  1.  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 dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching 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 dispatch confirmation email. In case of a clear pricing error, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

 

(3) Payment for all Products must be by credit card, Paypal or Bancontact. We will charge your account once the Products are dispatched. If at the time of despatch any Product(s) are out of stock, we will refund you the price of the out of stock Product(s).

 

8. LEGAL RIGHT OF WITHDRAWAL

 

You have the legal right to withdraw from this contract within 14 days without giving any reason and receive a refund. This right will expire after 14 days from the day on which you receive, or a third party authorized by you (other than the carrier) receives, the Products. 

 

You do not have a right to change your mind in respect of any Product which has been personalised for you or specially manufactured for you or Products which have been supplied in sealed packages for hygiene reasons, such as earrings, where the seal has been broken.

 

To exercise the right of withdrawal you must inform us of your decision to withdraw from this contract by an unequivocal statement via our contact details below, before the 14 day period expires. Please state that you wish to exercise your legal right to change your mind and include your full name, address and order number. You may use the attached model withdrawal form, but it is not obligatory.

 

Effects of changing your mind

 

If you withdraw from this contract, we will refund you the price you paid for the Products (including the costs of delivery) by the method you used for payment. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.  For example, if we offer standard delivery but you choose to have the Product delivered via express delivery at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of any Products supplied, if this has been caused by unnecessary handling by you (i.e. more than would be normal in a retail shop to establish the nature, characteristics and functioning of the Products). If we refund the price paid before we are able to inspect the Products and later discover you have used or handled them in an unacceptable way, you must pay us an amount that reflects our loss because of your unacceptable handling or use.

We will make the refund without undue delay, and not later than -

a) 14 days after the day we receive back from you the Products supplied, or

b) (if earlier) 14 days after the day you provide us with evidence that you have returned the Products, or

c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to change your mind.

You must return the Products to us either in person or by post to: FESCO GmbH, Retour E-com, Gewerbegebiet Natzing 2, 83125 Eggstätt, Germany. To send the Products back to us you must use the self-print return label. You can print out the return label yourself via your customer account. If you do not use our self-print label you will have to pay the direct cost of returning the Products. You must send off the Products to us within 14 days of telling us you wish to exercise your legal right to change your mind. The deadline is met if you send back the goods before the period of 14 days has expired.

This does not affect your legal rights in relation to faulty or misdescribed Products. For further information on your legal rights, please click here.

 

Model withdrawal form

 

To Fossil Group Europe GmbH, Retour E-com, Riehenring 182, 4058 Basel, Switzerland or via phone +32 28086245 or email to [email protected]:

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 --

 

 9.  RETURNS (OTHER THAN THE LEGAL RIGHT OF WITHDRAWAL)

 

  1.  You may return any new, unused, complete (with all original packaging, instructions, warranty booklets, certificates, accessories and, if applicable, with an undamaged seal), saleable and in original condition (as it was received by you) Products to us within 30 days of receipt, and we'll give you a refund. Refunds will be credited to your original method of payment. This does not affect your legal rights of withdrawal or where the Products are faulty or misdescribed. The statutory warranty rights shall not be limited by the voluntary right of return.

 

  1.  To return a Product by post, use our self-print return label. You can print out the return label yourself via your customer account. If you have any problems downloading the return label or if you do not have access to a printer, you may contact our customer service team using the details above to request a returns label. If you do not use our self-print label you will have to pay the cost of returning the Products.

 

  1. The following Products cannot be returned and no refund will be issued (unless faulty or not as described): (a) Products which have been personalized for you or specially manufactured for you; (b) watches designed by you (“design your watch”); (c) Products which have been supplied in sealed packages for hygiene reasons, such as earrings, where the seal has been broken; and (d) gift cards ("Excluded Products").

 

 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 minimize 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

 

(1) We are under a legal duty to supply Products that are in conformity with this contract. 

 

(2) The statutory provisions shall apply.

 

(3) A warranty shall only exist for the merchandise delivered by us if such a warranty has been expressly given; the statutory warranty claims shall remain unaffected by a warranty.

 

(4) Our liability for losses you suffer as a result of us breaking this contract is strictly limited to the purchase price of the Product (including the costs of delivery, if any) 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, including (without limitation) loss of revenue or income, loss of profits, loss of data, loss of business, etc. 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 the Products.

We are not liable for business losses. We only supply the Products for domestic and private use. 

 

12. TRANSFER OF THESE TERMS

 

  1.  We may transfer our rights and obligations under these terms to another organization. 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.

 

  1.  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

 

13. DATA PROTECTION

 

For more information on how we collect and use your personal information, please read our Privacy Policy and Cookie Policy.

 

14. 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.

 

15. 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.

 

16. 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 dispatch 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.

 

17. APPLICABLE LAWS AND ONLINE DISPUTE RESOLUTION

 

(1) These terms shall be governed by Swiss law to the exclusion of the Vienna Sales Convention and the conflict of law rules. Mandatory applicable consumer protection provisions remain reserved. 

 

(2) The place of jurisdiction shall be Basel. Mandatory applicable consumer protection provisions remain reserved. 

 

(3) The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed via the following link: https://ec.europa.eu/consumers/odr/