This document (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the products ("Products") listed on our virtual retail stores ("our stores") on any third party social media or messaging and chat platforms including where applicable, platforms such as WhatsApp, Line, WeChat, Kakao, Facebook, and Instagram (each, a “Platform”, and collectively the “Platforms”) to you. Please read these terms and conditions carefully before ordering any Products from our stores. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
When using our stores, you may from time to time be redirected to our website to purchase Products. Please note that the terms and conditions for the website will apply to your visit and any such purchase of Products on our website.
INFORMATION ABOUT US
Our site is operated by Fossil Time Malaysia Sdn Bhd ("we/us/our"). We are registered in Malaysia and our registration number is 200201012501 (580164-U) and with our registered office and main trading address at Suite 14.02, 14th Floor, Menara Atlan, 161B, Jalan Ampang 50450, Kuala Lumpur.
WHERE YOU LIVE AND YOUR STATUS
Our site is only intended for use by people residing in Malaysia. We do not accept orders from individuals outside of Malaysia.
By placing an order through our stores, you warrant that:
- you are legally capable of entering into binding contracts; and,
- you are at least 18 years old;
- you are resident in Malaysia; and
- you are accessing our site from Malaysia.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Please see our guide for instructions on how to place an order.
Your order on the stores constitutes an offer to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you, either by (a) sending you an e-mail that confirms that the Product has been dispatched, or (b) sending you a message on the relevant Platform that confirms that the Product has been dispatched (“the Dispatch Confirmation”). The contract for sale and purchase of the Product between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We reserve the right to refuse any order you place at our sole discretion.
We may provide links and content on our stores 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 stores will be of satisfactory quality, and any such warranties are disclaimed by us to the maximum extent permissible by law. This disclaimer does not affect your statutory rights against the third party seller.
Your order will normally be delivered in 5 - 7 working days after your order has been shipped out. In any event, the order will be fulfilled within 30 days of the date of the Dispatch Confirmation unless there are exceptional circumstances.
Delivery shall always be made to the address as provided by you to us on the relevant Platform for such delivery.
Current delivery charges will be displayed at the checkout and included in your total order amount.
We will either email you or send you a message on the relevant Platform after the order has been dispatched.
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 stores from time to time, except in cases of obvious error. These prices include applicable taxes.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our stores contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our stores may be incorrectly 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 stores, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
Payment for all Products must be by a Malaysia credit card. We accept Visa and Master credit cards. We will charge your credit card when you place an order. If at time of dispatch any item(s) is out of stock, we will refund the amount to your credit card accordingly within 14 business days.
CANCELLING AN ORDER BEFORE DISPATCH
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 Dispatch Confirmation. No charges will be incurred. Please contact us by messaging us on the relevant Platform and give us your name, address, and order number to cancel your order.
OUR EXCHANGE POLICY
We are committed to making your shopping experience a success and trusts that you will be happy with your purchase. However, if the product is faulty or significantly different to that described, we are happy to provide you with an exchange. Please follow the steps outlined below.
If your watch needs to be repaired under warranty - please book an appointment with our watch repair centre here.
If the online order that you have received arrived faulty, please email us at firstname.lastname@example.org with your order number, within 7 days after you have received the product. We will advise you on the next steps.
Refunds or exchanges due to a change of mind are not allowed.
We warrant to you that any Product purchased from us through our stores are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will remain so in accordance with the warranties explicitly stated at https://fossil-msia.myshopify.com/pages/faqs
COMMUNICATIONS WITH US THROUGH THE STORE
Any communication sent by you to us via the, including, but not limited to, any data, questions or answers, voice recordings, video recordings, images, comments, suggestions, materials or the like (“Communications”) are governed by these terms and conditions. You may not send us Communications that are illegal, defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, discriminatory, infringing any copyright, database right, design, trade mark, deceitful, in breach of any legal duty, or is threatening, misrepresents your identity, promotes violence or illegal activity or gives the impression that it emanates from us.
We collect personal information in order to process your order and may, for this purpose, disclose such information to third parties, including, but not limited to, our service providers. Your purchase of the Products is conditional on providing this information.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our stores, you accept that communication with us will be mainly electronic. We will contact you including (a) by e-mail, (b) by providing you with information by posting notices on our website, or (c) through the relevant Platform where you access our stores or (d) by telephone or chat messaging. 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.
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 the paragraph titled “Written Communications” above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail or message 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, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee, and in the case of a message, that such message was sent to your messaging or chat account or telephone number.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract 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, pandemic, 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 endeavors 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.
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 the paragraph titled “Notices” above.
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.
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.
Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, 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.
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
These terms and conditions were posted on 17 August 2021.
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 Dispatch 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).
NO THIRD PARTY RIGHTS
These terms and conditions are intended to bind you and us as to each other and are not intended to and do not create rights in any other person or confer upon any other person any benefits, rights or remedies, and no person is or is intended to be a third party beneficiary of any of the provisions of these terms and conditions.
LAW AND JURISDICTION
Contracts will be governed by the law of Malaysia. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.