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Terms and Conditions of Sale

 

THE FOSSIL STORE™ Legal notice
THE FOSSIL STORE™ privacy policy
THE FOSSIL STORE™ terms and conditions of use
THE FOSSIL STORE™ terms and conditions of sale
THE FOSSIL STORE™ cookie policy
THE FOSSIL STORE™ Processing time

THE FOSSIL STORE™ International shipping
THE FOSSIL STORE™ return policy

THE FOSSIL STORE™ Intellectual property rights
THE FOSSIL STORE™ Secure Payment

 

A beautiful fossil harpes trilobite for sale

  

General terms and conditions of sale

Date: Jan 2024

1. General provisions

1.1. THE FOSSIL STORE™ is incorporated under the laws of England and wales, with registered office available on request.(“THE FOSSIL STORE™”, “we”, “us”, “ our”), sells, and a consumer (“you”) purchases, THE FOSSIL STORE™ products (“products”) through the website https://www.thefossilstore.com/ (“ website”).

1.2. Our general terms will apply to any contract for the sale of products by THE FOSSIL STORE™ to you through the website (“contract”).

1.3. THE SALE OF PRODUCTS THROUGH THE WEBSITE IS ONLY AVAILABLE TO CONSUMERS, MEANING NATURAL PERSONS WHO ACT FOR PURPOSES OF PERSONAL CONSUMPTION (I.E, FOR PURPOSES EXTRANEOUS TO THEIR TRADE, BUSINESS, CRAFT AND PROFESSION AND NOT FOR PROFIT). IF YOU ARE UNDER THE AGE OF MAJORITY, YOU MUST EXPRESSLY CONFIRM THAT YOU HAVE OBTAINED THE CONSENT OF A PARENT OR LEGAL GUARDIAN TO PURCHASE A PRODUCT, BEFORE SUBMITTING AN ORDER.

1.4. By using and buying from our website you agree to our general terms and to the terms of use of our website (“conditions”) before placing an order. We therefore advise you to read these documents carefully, and in particular our general conditions, before proceeding with any purchase. If you do not agree to our general terms and/or the terms, you should not order any products from the website.

1.5. We reserve the right to amend or update all or part of our general terms from time to time, and when we do so, we will publish the revised version of our general terms and indicate the “last updated” date at the top of such revised general terms. The contract between you and us is governed by our general active terms at the time you place an order.

1.6. Our general terms should be read alongside, and are in addition to, our privacy policy which tells you how we use your personal data, and our cookie policy.

2. Product information and availability

2.1. Information on our products (along with the corresponding product codes) and relevant prices are available on the website.

2.2. Pictures of the products displayed on the website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device’s display of our products accurately reflects them. In particular, the colors, fabric, shade, grain, texture of the products shown on your screen may vary from those on the actual product. Therefore, you should rely exclusively on the description of the products and their characteristics as mentioned on the website.

2.3. We reserve the right, in our sole discretion, to limit the quantities and/or types of any products available on the website per person, household or per order. These restrictions may include orders placed by, or under, the same account, the same payment method and/or orders that use the same billing and/or shipping address. Orders with more than two (2) identical products of a high value, and, or; reaches a number of ten (10) products, we may review your order.

2.4. We may change or discontinue a product or any of its features, as described on the website, at any time without notice (this does not affect the products for which an order acceptance, as defined below, has already been issued at the time of the change). During the purchasing process, we will inform you if your order cannot be processed, in whole or in part, due to the unavailability of one or more ordered products. If one or more ordered product(s) are unavailable, your order will be totally or partially cancelled (as the case may be), and you shall pay only the price of the available product(s).

2.5. In the event your connection to the website fails, your selection of products may be lost. In such case you will be required to re-enter your selection. Please note that products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a product following a failure or loss of your connection to the website.

3. Prices

3.1. Prices of products are indicated on the website in british pound and are inclusive of any applicable vat, sales taxes or other taxes. Prices do not include delivery charges, which, if any, shall be added to the price of the products and will be communicated to you during the checkout process before you confirm your order.

3. Customs Duties

3.2. For countries outside of the United Kingdom: Customs duties are your responsibility.

The amount displayed on the website is not including your local tax and customs duties. It is the customs value of the purchase made by you. You are fully responsible and liable to pay all applicable import tax and customs duties as importer of record to the relevant authorities as determined by the authorities of the delivery destination country/region, and we shall have no responsibility or liability in connection with the foregoing. Prices include a disbursement covering the delivery charges / transport costs to the delivery address given by you unless stated delivery fees are stated elsewhere on our website.

3.3. We make all reasonable efforts to ensure that all prices for the products displayed on the website are correct. In the unlikely event of a product being miss priced (incorrect price or typographical error in the price shown), we will reject your order and notify you of this.

3.4. Without prejudice to the above, we reserve the right to change the products prices at any time and without notice, but such changes will not apply to products for which we have received a purchase order. This provision does not apply to announcement of a price reduction.

4. Placing an order - formation of the contract

4.1. When placing an order, you may be required to create an account/profile with us and will be asked to complete certain required fields. By choosing "Create account", you confirm that you agree to our privacy policy.

To purchase products on the website you must follow our instructions on how to place an order:

(I) select the product(s) you are interested in buying and choose the size, color (if more than one varient is available) and quantity (subject to the restrictions set forth in section 2.3),

(ii) include the selected products in the basket by clicking “add to cat/bag”,

(iii) fill in the order form with your personal information (name, address, email, telephone, shipping/billing address),

(iv) select your payment method,

(v) accept our general terms and conditions if prompted,

(vi) if applicable, confirm that you have read and understood our privacy policy as a guest,

(vii) place your order through the website by clicking “proceed to payment”.

4.2. Before placing your order, you may be given an opportunity to review your selection, check the total price and correct any errors.

4.3. By placing an order, you agree to pay the price of the ordered products.

4.4. The information about the products and their prices that is displayed on the website does not represent an offer by us but rather an invitation to offer. Any and all orders submitted by you are subject to our acceptance. Once you place your order, we will acknowledge it by email (“order receipt confirmation”). This order receipt confirmation does not, however, mean that your order has been accepted. On legitimate grounds, as per the below, we may choose not to accept your order, in whole or in part:

(I) we are unable to obtain authorisation for your payment; or

(ii) fraudulent, illegal or unauthorised activities, including suspected purchases for commercial purposes, are reported or suspected; or

(iii) the ordered product/s is/are not available or the relevant price has been miss priced (incorrect price or typographical error in price shown).

The contract between us and you will indeed only be concluded if and when you receive from us an email notification confirming the shipment of your order ("Order acceptance"). The order acceptance shall be sent to the email address provided by you in the order which also contains all information relating to the transaction.

4.5. The order acceptance will include the order number, all the information required by applicable law, including without limitation, basic information on the purchased products, the price and the shipping address. The details of your accepted orders are available under “my account” or “my profile” if you have created an account/profile.

4.6. Once you receive the order receipt confirmation you can no longer cancel or modify your order without prejudice to your statutory rights according to sections 9 and 11.

5. Payment

5.1. If applicable; You must pay the price of the products (including applicable vat, sales taxes or other taxes), the cost of any additional services you order (e.g; additional costs for personalised products), if applicable, and the associated delivery charges, if any.

5.2. We accept payments made in the currency specified for the country/region of the shipping destination with the payment methods proposed to you before you confirm your order. We may offer methods of payment (such as klarna or paypal) for which you shall accept payment service provider’s terms and conditions. These terms and conditions can be found by clicking on the link communicated to you before you confirm your order. We accept no liability in respect of your use of the payment method concerned with other third-party companies. Such payment methods may not be available for all purchases and whether you are eligible to use it as a payment method will be determined by payment service provider on a case by case basis.

5.3. You will be charged before your order has shipped. The products remain our property until full payment of the purchase price has settled.

5.4. If your payment cannot be processed for any reason, we will cancel your order and our contract with you will end immediately, without liability to you. We will inform you of this in writing.

5.5. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.

5.6. For each order, we will issue an electronic invoice for the purchased products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order.

6. Pre-order of products

6.1 From time to time, we may offer the possibility to pre-order certain selected products on the website before they are available to purchase from the shop, gallery or the website (“pre-order products”). The twenty one (21) days delivery term set out in section 7.4 will apply to pre-order products only when we notify you that the pre-order product is available/has shipped.

6.2 Please note that for pre-order products, payment is processed at the time of the reservation of the pre-order product.

7. Shipping, delivery and collection

7.1. The purchased products will be delivered exclusively from the UK; "tracked / signed for and insured", unless otherwise stated. A damaged product must be reported to us on the same day as the delivery arrival.

7. Alternate Address

7.2. The purchased products shall be delivered by a courier service selected by us (“courier”). Products shall be delivered either to the address indicated by you in the order form or to our gallery, offering a pick-up service in the United Kingdom only. We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you wether addressed to a billing or alternate shipping address. Please note that we will not deliver to PO boxes, address of freight forwarders, or hotels (we may exceptionally accept to deliver the product(s) to select PO's and or, a hotel but, please note that such a delivery is, in any event, is subject to our prior and express approval).

7.3. The purchased products will be shipped out only after we receive your payment in full. If we do not receive your payment in full we can delay or refuse dispatching of the products without liability to you.

7.4. We will take all reasonable steps to deliver the purchased products as communicated to you during the checkout process before you confirm your order, except if a force major event (I.E. Diseases, pandemics, epidemics, natural disasters, closure due to causes not attributable to the parties, strikes, riots, acts of war, governmental acts issued as a result of such events, fires, earthquakes, or other similar disasters occurs or if, as mentioned under article 7.2 above, any delivery problem arises as a consequence of incomplete or incorrect address details supplied by you). If the delivery has not occurred within twenty one (21) days of the order acceptance due to the above mentioned events, you will be promptly notified as to the above circumstances and entitled to specify a later date for delivery and, if this cannot be met, you may terminate the contract and we shall refund you all sums paid under the contract within forty eight (48) days from the date you terminate the contract.

7.5. Upon delivery of the products by the courier, we recommend that you (or the person designated by you):

(I) verify that the number of packages delivered corresponds to that indicated on the delivery note;

(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;

Any claim with respect to damage to packages or discrepancies in the number of packages must be notified the same day as the delivery arrival in compliance with applicable law.

7.6. You can track the status of your shipment by clicking on the link included in the order acceptance email that was sent to you when you placed your order with us.

7.7. If you have opted to collect the products at your selected store, you will have a limited period of time indicated to you by email, to collect them. In order to collect the products in store you will need to show your order confirmation and a personal identity document. If you have designated a person to collect the products, such person will have to provide a proxy duly signed by you together with a copy of your personal identity document). If you (or a person designated by you to collect the products) fail to collect the products within this timeframe, we will be entitled to cancel the contract and refund the price of the products to you.

7.8. Products are sent Tracked / signed for and insured where applicable. A signature will be required when you receive your delivery. If you are not in to take delivery of your parcel, the courier will normally leave a calling card; providing options to collect your package/s or have a re-delivery by your local post office or courier to a time that suits you, or you can follow the instructions on the calling card to collect your parcel direct from the courier. We do accept responsibility for late arrivals of deliveries due to customs procedures and lost items - you must contact the couriers for late or lost items using the tracking information provided.

8. Risk

8.1. The risk of loss of, damage to, and/or destruction of, the products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the products at the delivery address given by you or upon the collection of such products by you, or such person designated by you from your selected store.

9. Right of withdrawal and returns

9.1. You have the right to withdraw from the contract without giving a reason within twenty one (21) days from the date on which you (or the person designated by you) take physical possession of the products or, in case of multiple packages delivered for the same order, the last package delivered.

9.2. The right of withdrawal does not apply to orders for personalised products and for products identified on our website as non-returnable (“ non-returnable products”) without prejudice to your statutory rights according to section 11.

9.3. To exercise your right of withdrawal, you must inform us with written notice to THE FOSSIL STORE™, Wyresdale Park, Snowhill Ln, AONB, Scorton, PR3 1BA, United Kingdom; or email info@thefossilstore.com of your decision to withdraw from the contract by an unequivocal statement.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired (see section 9.1).

You may use the model withdrawal form at the end of our general terms, but it is not mandatory.

9.4. If you withdraw from the contract, we shall refund you all amounts received from you, excluding delivery charges, without undue delay and in any event not later than forty four (44) days from the date on which we receive the product/s back in their original condition. We will refund you using the same payment method that you used when you placed your initial order, unless you have expressly agreed otherwise, and with exception to our acceptance; in any event, you will not incur any fees as a result of such reimbursement other than delivery and restocking fees incurred to us. We withhold reimbursement until we have received the products back.

9.5 You shall send back the products (or hand them over to us at our shops or gallery) to the address indicated in the instructions enclosed with the return label, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline is met if you send back the products before the period of 14 days has expired.

9.6 You will have to bear the direct cost of the delivery to you and returning the products back which will be deducted from your refund.

9.7. The products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories and related documents (e.g; instructions booklet, product certificates, etc.) if any.

9.8. If a returned product does not meet the conditions for its return, as listed in section 9.7 above, we will send back such product to you to the address you indicated in the return form, or if such address is not valid, to the address communicated by you when you placed the order. This return will occur within fourteen (14) days from the date we informed you of the rejection of the returned products, unless a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs.

9.9. You are liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

9.10. The provisions of sections 9.1 to 9.9 will apply in addition to our return policy.

9.11. Outsourced, discounted and SALE products are nonrefundable.

10. Exchange of products

10.1. Without prejudice to your statutory rights according to sections 9 and 11, and with the exception of non-returnable products, we accept exchanges of products purchased on the website within twenty one (21) days after the date of delivery, pursuant to the procedure set out in our returns policy.

We only allow exchanges on products to the same value unless a further payments is made to reflect that of a total amount on a higher valued product.

10.2. All exchanges are subject to availability of the new product requested. Products may be exchanged only once.

10.3. We reserve the right to reject the returned products and decline exchange if any returned product for exchange does not meet the conditions set out in section 9.5.

10.4. Any fees or charges, or other costs whatsoever, incurred as a result of your exercising your right of exchange in accordance with this section 10, shall be your responsibility and paid by you unless the products are faulty or defective.

11. Lack of conformity - defects

11.1. If you find that a product sold by us on the website has defects, is not as described or is incomplete, (excluding displays, stands, metal fabrications; (fabricated with imperfections due to natural and unique processes), fossils, minerals, and any other material that is natural; (correlation to natural form and preservation) please contact us immediately by sending an email to info@thefossilstore.com.

11.2. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the citizens advice website www.adviceguide.org.uk. The consumer rights act 2015 says goods must be as described, fit for purpose and of satisfactory quality. We are only obliged to provide recourse to you if the product does not last for its expected lifetime. Up to an accepted legal requirement of twenty one (21) days following delivery: if the product is faulty, we can action the refund process once the product has been returned. You cannot make a claim if more than twenty one (21) days have passed from the delivery date.

11.3. Damage, alteration or modification to the products caused by you is not a defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural products (such as metal, stone, mineral, leather, fabric or paper) are inherent to the product and not defects.

11.4. In the event you request the repair, replacement or return of a product due to defect, we will bear the delivery costs for returning the products to be repaired or replaced, as well as any costs to deliver back to you the repaired or replaced product.

12. Our responsibility to you

12.1. Nothing in these general terms seeks to exclude or limit our liability for:

Personal injury or death resulting from our negligence;
Fraud or fraudulent misrepresentation;
Breach of any obligations implied by applicable consumer protection laws; or
Any other cause of action which cannot be limited or excluded by us under applicable law.
12.2. If we fail to comply with these general terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract wade made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted these general terms. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you including for any loss of profit, loss of business, business interruption, or loss of business opportunity.11.3. We are not responsible for any delay or failure to perform any of our obligations under these general terms if the delay or failure is caused by a force major event or arises from any cause which is beyond our reasonable control.

12.3. If you do not comply with the eligibility conditions set out in article 1, we are not liable towards you for any damage or loss caused by us.

13. Guarantee of authenticity and intellectual property rights

13.1. We guarantee the authenticity of all products purchased on our website.

13.2. THE FOSSIL STORE™ trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the products, trade or business names, domain names and urls are and remain the exclusive property of THE FOSSIL STORE™ (company registered), and are protected by applicable copyright, trademark, or other intellectual property laws around the world. THE FOSSIL STORE™ reserves all such rights.

14. Promotions and special offers

14.1. We may offer you promotions and special offers from time to time. The terms of such promotions and special offers will be specified on the website (e.G. start and end date of the promotions and offers; minimum order value, if any). Promotions and offers cannot be used in conjunction with any other promotion or offer and sale items are nonrefundable. To receive the discount or offer applied, you must place your order within the specified date range. The promotional or special offer code must be entered at the time of checkout.

14.2. Exceptionally, we can reserve the right to refuse to allow you to participate in the promotion or special offer on legitimate grounds (for example, if we think you are acting fraudulently).

15. Personalised products

15.1. Please review your personalised text carefully before submitting your order. Once your payment is validated, the personalized text you requested will be reproduced strictly as submitted by you and may not be modified.

15.2. We remind you that the right of withdrawal does not apply for personalised products, in accordance with section 9.2.

15.3. Personalised products shall not include any content that:

Infringes anyone's copyright;

Infringes any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;

Breaches any applicable law (including, without limitation, any criminal law) or regulation;
Is false, inaccurate, misleading, harmful, offensive, abusive, threatening or defamatory;

Misrepresents identity or impersonates any person;

Includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person;

Contains material which is, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group or is otherwise inappropriate;

May harass, upset, embarrass, alarm or cause needless annoyance, inconvenience or distress to any person; Gives the impression that it emanates from or has been approved by us;

Promotes or assists any unlawful act; or

Impacts our brand in a negative way.


15.4.We may refuse your order without liability to you if you do not comply with the conditions set out in this section.

16. Applicable law and jurisdiction

16.1. Our general terms and, therefore, the contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of england and wales.

16.2. Any disputes arising out of, or relating to, our general terms and the contracts shall be submitted to the jurisdiction of the courts where you reside or your domicile is located.

17. Contact us

For further information and assistance with the website, you may contact us in one of the following manners:

By sending us a communication to Wyresdale Park, Snowhill Ln, AONB, Scorton, PR3 1BA, United Kingdom.
By sending us an email at info@thefossilstore.com.
By requesting a call back to the above email.

18. Notices

Any notice to be given under our general terms or the contracts will be in writing. We will contact you by email, telephone, sms or provide you with information by posting notices on our website.

- - - - - - -

Model withdrawal/cancellation form

(complete and return this form only if you wish to withdraw from the contract)
To THE FOSSIL STORE™; info@thefossilstore.com
I/we(1) hereby give notice that I/we(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(1) delete as appropriate