TERMS OF USE

GENERAL

Welcome to www.fossil.com/in/en/. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these "Terms of Use"), govern your access to and use of www.fossil.com/in/en/, including any content, functionality and services offered on or through this website (the "Site").

Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE INDIA LAWS AND REGULATIONS. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.

 

INFORMATION ABOUT US

This Site is operated by Fossil India Pvt. Ltd (“Fossil”, “we” or “us"). We are incorporated under the Companies Act 1956 and with our registered office and main trading address at 621, 12th Main, Indiranagar, 2nd Stage, Bangalore – 560008.

SITE TRANSACTIONS

(A) OUR RIGHTS

We reserve the right to refuse any order you place with us for any product on the Site (“Product”). We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(B) WHERE YOU LIVE AND YOUR STATUS

Our Site is only intended for use by people resident in India. We do not accept orders from individuals outside of India.

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 India; and

You are accessing our site from India.

(C) ORDER AND DELIVERY

All orders that you place for the Products are subject to acceptance by us.  We reserve the right to refuse any order or any part thereof at our sole discretion.  We will not be obliged to supply any products not accepted by us.  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 our order confirmation unless there are exceptional circumstances.

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.

(D) 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 GST at the current rate at time of ordering.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order 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 delivery procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when delivering 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 delivering 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 an order 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 made by the payment methods available on the Site only. We will charge your account when we receive your order. If at time of delivery any item(s) is out of stock, we will refund the cost.

(E) RETURN POLICY

You may not cancel any order that has been accepted by us by an order confirmation.  However, you may return any Product under our Return and Exchange Policy.

(F) PRODUCT WARRANTY

We provide the limited standard product warranty for any Product purchased from us through our Site as set forth in the warranty card/book.  Please refer to the warranty card/book for detailed information about the product warranty and how you can obtain the warranty services.

SITE USAGE POLICY

(A) SECURITY

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;

Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;

Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

Sending unsolicited e-mail, including promotions and/or advertising of products or services;

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

(B) GENERAL RULES

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

(C) VIOLATIONS

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the "Contents") whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Fossil Group, Inc., and/or its parents, subsidiaries and affiliates (collectively, "Fossil Group") or other parties that have licensed to or otherwise permitted their material to be used by Fossil Group. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and

all worldwide right, title and interest in and to the Site and its Contents are owned by Fossil Group or used with permission. Fossil.com, FOSSIL, the FOSSIL logos, FIFTY* FOUR FOSSIL, FOSSIL 1954, FOSSIL Q, ARKITEKT, BIG TIC, BLUE, F² and all other trademarks appearing on this Site are trademarks of Fossil Group or are licensed or used with permission of the owner by Fossil Group. You agree not to display or use such trademarks without Fossil Group’s prior written permission. Fossil Group disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may share content from the Site with the use of the social media links (i.e. “Share:” “Pin It” and “Tweet”) provided on our Site.  You may also share content from the Site via email through the use of our Email a Friend link.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without the prior written consent of Fossil or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of Fossil or the owner of such material. All rights not expressly granted herein by Fossil to you are reserved by Fossil and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

PRODUCT INFORMATION

The Products displayed on the Site may also be available in select department and/or company-owned stores in India and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and we make no representations or warranties that any of the Products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in Indian Rupee.

COLORS

We have made every effort to display as accurately as possible the colors of our Products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Fossil Group on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Fossil Group’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Fossil Group of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Fossil Group is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

For Fossil's policy related to the formal submission of ideas, please see Fossil's idea submission policy.

YOUR PRIVACY RIGHTS

If you elect to provide FOSSIL with your email address and check the box to receive marketing emails, You agree that Fossil may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Fossil’s products or services, or for such other purpose(s) as we deem appropriate. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Please send any concerns regarding our products or services by clicking here.

INDEMNIFICATION

You agree to defend, indemnify and hold Fossil Group harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from: (i) your use of and access of the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Site caused damage to a third party.

LINKS TO OTHER WEB SITES

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Fossil Group does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Fossil makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Fossil Group. Your linking to this Site, off-site pages or other sites is at your own risk and without the consent of Fossil.

DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOSSIL ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOSSIL OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, SUCH AS LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OR PROFITS, LOSS OR CORRUPTION OF DATA, EVEN IF FOSSIL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION AND SERVICE AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL

APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOSSIL IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

INACCURACY DISCLAIMER

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability, shipping, store locations and job postings. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Fossil will use commercially reasonable efforts to provide accurate and updated information. However, Fossil cannot and does not guarantee the accuracy of such information. Furthermore, Fossil may provides a Careers section on the Site for your information. Information, such as title, benefits, status, etc., regarding any positions listed in the Careers section is informational only and is subject to change without notice. Finally, through the Site, Fossil provides the capability for you to upload and download files from/to your computer. Although Fossil takes the security precautions outlined in the Terms of Use and Privacy Policy, there can be no guarantee that files you download from the Site will be corruption free, will not be intercepted by pirates, or will meet your needs and expectations.

DISCLAIMERS OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOSSIL MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. ALL INFORMATION AND MATERIALS AVAILABLE ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, FOSSIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO YOUR USE OF THIS SITE. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT

WILL BE UNINTERRUPTED OR ERROR FREE. FOSSIL DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The above disclaimers of warranties do not apply to Fossil’s limited standard product warranty for Products.

 

LIMITATION OF OUR LIABILITY

Our liability for losses you suffer as a result of us breaking these Terms of Use and/or your purchases of our Products through the Site is strictly limited to the purchase price of the Product(s) you purchased giving rise to the cause of action.

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.

JURISDICTION

This Site and the Contents thereof are displayed solely for the purpose of promoting Fossil’s products and services available in India. This Site is operated by Fossil India Pte Ltd and is hosted and managed by Fossil Group, Inc. on behalf of Fossil India Pte Ltd. in the United States of America. Fossil makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of India, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by a competent court in Mumbai, India.

 

NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

 

Fossil will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fossil's copyright agent the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim has been infringed upon

A description of where the material that you claim is infringing is located on the site

Your address, telephone number, and e-mail address

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

Fossil Group, Inc.

General Counsel – Intellectual Property

901 S. Central Expressway

Richardson, TX 75080

Attn: DMCA Copyright Agent

VIA EMAIL: legal@fossil.com

MODIFICATIONS TO TERMS OF USE

Fossil, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as "Additional Terms") will be effective immediately and incorporated into these Terms of Use upon notice

thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

TERMINATION

You may terminate these Terms of Use at any time by discontinuing use of the Site. Fossil also may terminate your use of this Site at any time, whether with or without prior notice, by cancelling your account or deny your access to the Site, if in Fossil’s sole discretion you fail to comply with any term or provision of these Terms of Use.

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 purchase order or these Terms of Use 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 purchase order or these Terms of Use 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 may be performed despite the Force Majeure Event.

 

NOTICES

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 herein. 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

Each of these Terms of Use and the purchase orders accepted by us (each a “Contract”) constitute a contract 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.

 

WAIVER

Fossil’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Fossil’s right to subsequently enforce such a provision or any other provision of these Terms of Use, nor will any delay or omission on the part of Fossil to exercise or take advantage of any right or remedy that Fossil has or may have hereunder, operate as a waiver of any right or remedy.

SEVERABILITY

In the event that any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Last Updated: December 1, 2017