Country
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.fossil.co.za ("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.
INFORMATION ABOUT US
S. Keren Watch
Group cc has been the distributor for Fossil, Inc. in South Africa
and Sub-Saharan Africa since 1991. The company's head office,
warehouse and service centre is situated at 7 Liddle Street, Victoria
Junction, Green Point, Cape Town.
VAT Number:
4210217123 ; CK Number 2004/018471/23
WHERE
YOU LIVE AND YOUR STATUS
Our site is only intended
for use by people resident in South Africa. We do not accept orders from
individuals outside of South Africa.
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 South Africa; and
- you are accessing our site from South Africa.
Please see our guide for instructions on how to place an order.
Your order constitutes an offer to us to buy 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 web sites 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.
DELIVERY
Your order will normally be
delivered in 5 - 7 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.
Delivery shall always be made to the payment
card-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 delivery. 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 GST.
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 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 South African credit card. We will charge your
credit card when we receive your order. If at time of despatch any
item(s) is out of stock, we will refund the cost.
CANCELLING AN ORDER BEFORE DESPATCH
If you change your mind after placing an order for Products, you can
cancel it or, where it consists of a number of Products, any part of
an order, any time before we send you the Despatch Confirmation. No
charges will be incurred. Please Contact
Us and give us your name, address and order number to cancel your
order.
CONTRACT CANCELLATION
We are unable
to cancel the contract after the order has been despatched and you
have received the despatch confirmation. To cancel the contract after
this time you must follow our Refunds
Policy (set out in paragraph 10). In this case, you will receive a
full refund of the price paid for the Products, less the delivery
cost, in accordance with our Refunds Policy.
To
cancel a Contract, you must inform us in writing. You must also
return the Product(s) to us immediately, unused, complete, and in the
same condition in which you received them, and at your own cost and
risk. You have a legal obligation to take reasonable care of the
Products while they are in your possession. Where the Product is an
item such as earrings, taking reasonable care includes (without
limitation) not wearing the Product and not opening the see-through,
sealed packaging of the Product. If you fail to comply with this
obligation, we may have a right of action against you for
compensation.
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.
This provision does not affect your statutory rights. For further
information on your statutory rights, please see please advise.
OUR REFUNDS POLICY
If you wish to
return Products to us, please follow instructions on the Return Slip
provided with your purchase. 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 paragraph 9.1), 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. 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.
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.
- 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
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 paragraph 12. 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.
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 in accordance with
paragraph 13.
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 partyâs 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 South African law. Any dispute arising from, or related
to, such Contracts shall be subject to the non-exclusive jurisdiction
of the courts of South Africa.
Issue Date 2008
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