Michele.com is the official website for the MICHELE Brand, a brand owned by Fossil, Inc. We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the Michele.com web site (the "Site") constitutes your agreement to be bound by these terms. 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.
We reserve the right to refuse any order you place with us. 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.
Site Usage Policy
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, Inc., and/or its parents, subsidiaries and affiliates (collectively, "FOSSIL"). 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 or used with permission. Michele.com, MICHELE, the MICHELE logos and all other trademarks appearing on this Site are trademarks of FOSSIL or are licensed or used with permission of the owner by FOSSIL. You agree not to display or use such trademarks without Fossil's prior written permission.
Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
MICHELE's products displayed on the Site may also be available in select department and/or company-owned stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and FOSSIL makes 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 U.S. Dollars and represent manufacturer's suggested resale prices for the United States.
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 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's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FOSSIL of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. FOSSIL 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.
Please send any concerns regarding our products or services to service@MICHELE.com
You agree to defend, indemnify and hold FOSSIL harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
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 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.
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. 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, 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, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. EVERYTHING 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. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME EXCLUSIONS MAY NOT APPLY.
Unless otherwise specified and except to the extent MICHELE's products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting MICHELE's products and services available in the United States and select foreign markets. This Site is controlled and operated by FOSSIL from its offices in Richardson, Texas.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Texas.
Certain activities provided via the website may be covered by U.S. Patent 6,091,956
Notices for Reporting and Making Claims of Copyright Infringement
FOSSIL will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). 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:
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:
General Counsel - Intellectual Property
901 S. Central Expressway
Richardson, Texas, 75080
Attn: DMCA Copyright Agent
VIA EMAIL: firstname.lastname@example.org
This Agreement is effective unless and until terminated by either you or FOSSIL. You may terminate this Agreement at any time by discontinuing use of the Site. FOSSIL also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in FOSSIL's sole discretion you fail to comply with any term or provision of this Agreement.