TERMS & CONDITIONS
Please read these terms and conditions carefully before using this fitflop.com website (”Website”). Our Website is operated by FitFlop Limited, a limited company registered in England & Wales under company number 06436347, whose registered office is at Eight Floor, 6 New Street Square, London EC4A 3AQ and trading address at 210 New Kings Road, London SW6 4NZ, United Kingdom and whose VAT number is 918504324 (”FitFlop” ‘our’, ‘we’ or ‘us’).
In particular, we draw your attention to the Nature of Our Website section (below), our Acceptable Use Policy and our Exclusion of Liability Statement
This page (together with the documents referred to on it) tells you the terms and conditions on which we allow access to and use of our Website and/or supply any of the services or any of the products listed on our Website (”Products“) to you. These terms and conditions also apply to any correspondence between us. For the avoidance of doubt, any reference to terms and conditions shall include all documents referred to on this page and within the text of any such documents also. To the extent that these terms and conditions (or any part of them) are made available in languages other than English, the English language version takes priority.
Please read these terms and conditions carefully before using our Website or ordering any Products from our Website as, in accessing and using our Website or ordering any Products through our Website, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
These terms and conditions may be modified from time to time but, should this happen; they will be posted on our Website.
If you do not wish to be bound by these terms and conditions then you must not use our Website. If you refuse to accept these terms and conditions, you will not be able to order any Products or services from our Website.
Nature of our Website and Service Availability
Our Website is an online service and is provided on an ‘as is’ basis. To the extent permitted by applicable law and subject always to our Exclusion of Liability Statement, FitFlop makes no representations or warranties of any kind with respect to our Website or its contents and disclaims all such representations and warranties. This does not affect your legal rights as a consumer, nor does it affect your legal or contractual contract cancellation rights. The content contained in our Website is subject to change from time to time without further notice.
Please note that our Website is available only to entities, persons or individuals that can form legally binding contracts under applicable law.
By accessing or using our Website, you warrant to us that you are over eighteen (18) years old and legally capable of accessing and using our Website in your country of residence.
Our Website is not intended for children or minors under the age of eighteen (18) years without the permission of a parent or guardian. In addition, you must be at least eighteen (18) years of age to make a purchase on our Website.
Availability of Website
If the need arises, we may suspend access to our Website or close it, or any part of it, indefinitely and without further notice to you or any third party.
Unless otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
Subject always to our Exclusion of Liability Statement, information, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. In particular, third party testimonials posted on our Website may not be monitored/pre-approved by us and may contain inaccuracies. Subject always to our Exclusion of Liability Statement, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
Whilst every effort is made to ensure that our Website is accurate and up to date and subject always to our Exclusion of Liability Statement, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website.
Our Intellectual Property
We are the owner and/or licensee of the “FitFlop” trade and brand name, trade mark and get-up. Unless otherwise expressly stated, copyright and any other intellectual property rights in our Website, including, but not limited to, all images, software, designs, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, brand features, branding, trademarks, product selection, arrangement, product names and other material or content included in or supplied as part of our Website and coordination of such content on our Website (together defined as “Copyright Material”), is owned by FitFlop (or our group companies) or is licensed to FitFlop from third parties.
No permission is given in respect of the use of any Copyright Material and such use may constitute an infringement of the holder’s rights.
For further information, see our Intellectual Property Policy.
Personal Information About You and Your Visit to Our Website
Content Provided by You
All material, including but not limited to reviews, feedback, stories, photographs, artwork, images, which you contribute to our Website (“Contribution”) and any interactive services associated with it is subject to our Acceptable Use Policy. By using our Website and making any Contribution, you agree to be bound by our Intellectual Property Policy.
Transactions Concluded Through Our Website
Contracts for the supply of goods formed through our Website, or as a result of visits made to our Website by you, are governed by these Terms and Conditions and, in particular, by our Conditions of Supply. By placing any order for any of our Products, you agree to be bound by these Terms and Conditions (including, in particular, our Conditions of Supply).
Competitions and other Sales Promotions
From time to time, we may conduct competitions and other sales promotions on our Website. Such competitions and sales promotions, and your entry into them, shall be subject to separate competition rules.
Our Website Changes Regularly
We shall be entitled to change, alter, modify or withdraw our Website (including any applicable terms and conditions and the documents referred to in them) at anytime without notice. We shall not be liable to you or any third party for any such change, alteration, modification or withdrawal of our Website. Your continued use of our Website following such change shall be deemed your acceptance of such change to our Website. If you do not agree to or accept any change to our Website, (including any applicable terms and conditions), please stop using our Website immediately.
If you place an order for Products through our Website, 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).
Exclusion of Liability
We shall be liable to you in respect of the use of our Website and any of the materials, information, content, Products and services on it only insofar as is stated in these terms and conditions. In particular, our liability to you shall be limited in accordance with our Exclusion of Liability Statement. Please note that this does not affect your legal rights as a consumer, nor does it affect your legal or contractual contract cancellation rights.
By offering material, content, information, Products or services via our Website, no solicitation is made by us to any person to use such material, content, information, Products or services in any jurisdiction where the provision of such material, content, information, Products or services may be prohibited by law. In listing your place of residence and address in our applicable form or subscription, you are representing to us that you are entitled to use our Website and the material, content, information, Products or services on our Website without restriction by the laws of your residence or applicable jurisdiction. This is a representation on which we rely prior to granting you access to our Website and use of our material, content, information, Products or services.
Compliance with Laws
We have used our best endeavours to ensure that our Website complies with English law. However, subject always to our Exclusion of Liability Statement, we make no representations that the material, content, information, Products or services on our Website are appropriate or available for use in locations outside England & Wales. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material, content, information, Products or services offered through our Website are contrary to, or infringe on, any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
If making any of our Products or any part of our Website available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, access and/or those Products are not offered for sale to you. You accept that if you live outside England & Wales, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.
If any of these terms and conditions, or any provisions of a contract concluded under these terms and conditions, 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 applicable law.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will generally 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 legal rights.
Unless otherwise stated in these Terms and Conditions, all notices given by you to us must be given to FitFlop Limited at INFO.EU@FITFLOP.COM. We may give notice to you by posting it on the Website or at either the e-mail or postal address you provide to us. 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
Any contract between you and us concluded under these terms and conditions, including a contract for the sale of Products to you, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any such 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 any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions, including any contract between you and us concluded under these terms and conditions, such as, but not limited to, a contract for the sale of Products to you, that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event may include for example (but 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 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 endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under any contract may be performed despite the Force Majeure Event.
These terms and conditions including the documents referred to in them (in each case as amended from time to time) constitutes the entire agreement between us and you in relation to use of our Website and/or supply any of the services or any of the Products to you and supersedes all previous agreements in respect of the same.
If we fail, at any time during the term of any contract between you and us concluded under these terms and conditions, such as, but not limited to, a contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that 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 or these terms and conditions, 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.
No 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 Notices section of these Terms and Conditions.
These terms and conditions, as well as any contract in respect of a transaction carried out through our Website, are governed by English law. Any dispute (including non-contractual disputes) which cannot be resolved between us shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
We are committed to protecting and respecting your privacy and recognising your need for appropriate protection and management of personally identifiable information or other personal information you share with us including any information about you or by which you can be identified, such as your name, address, telephone number, photographs, credit card information, birth date, gender, occupation, personal interests etc (“Personal Information”).
This policy sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.
For the purpose of the UK Data Protection Act 1998 (the “Act”), the data controller is FitFlop Limited of Eighth Floor, 6 New Street Square, London, EC4A 3AQ (“FitFlop”, “we”, “us” or “our”). FitFlop is registered as a data controller with the UK Information Commissioner’s Office (“ICO”). Our data processing notification details and registration information can be inspected on the ICO’s website.
When you buy Products (as defined in our terms and conditions) and services from this website (“Website”), we may record your details to ensure that we comply with legal and contractual requirements, or are able to contact you, resolve any queries and process your orders to completion. We may also need to activate any urgent Product recalls or provide information to you urgently.
We will only use your Personal Information as is required to provide sell or supply Products or the relevant services and any additional services that may be reflected in our Website (“Services”), or as permitted by data protection law, or for any other purposes as requested by or agreed with you.
The Services will include collecting relevant payment and complying with your order, providing you with emails which you have elected to receive following access or purchase of Products or subscription to the Services, keeping you informed by email of any additional services, promotion or Products and/or services similar to those subscribed or purchased by you, and complying with our legal requirements. The Personal Information we collect and its use is further detailed below.
Where you have consented to receive emails, or you have subscribed to our Website or in respect of any Services, if you do not want to be contacted in the future about any promotional or marketing offers, please let us know (free of charge) by sending an email to email@example.com and we will stop sending you any promotional emails.
If you have contacted us or submitted queries via email, we will use the information solely to respond to these emails and in relation to the Products or Services.
Information We May Collect From You
For each visitor to our Website, our web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We may track the Internet domain address from which people visit us and analyze this data for trends and statistics.
There may be times (such as when you purchase or order a Product, subscribe to Services, register to receive catalogues, or to participate in competitions, user reviews, contests, or promotions, etc) at which we ask you to provide certain information about yourself such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests and other Personal Information. Whether or not to provide such information is completely your own choice, but if you choose not to provide this information, you may be unable to purchase Products, or access certain services, offers and content on our Website.
If you contact us, we may keep a record of that correspondence. We also maintain a record of your online Product purchases.
We may also collect, and our third party providers of advertisements and content may collect, certain user information such as information relating to computer location, URL and IP address and domains, your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website.
You should be aware that as our Website is being monitored, we may collect this information even if you do not register with us and may capture information about your visit that will help us improve the quality of our service.
When you use our Website, purchase Products, register and subscribe for our Services (or as required), you may have to complete a subscription process including a registration form and provide Personal Information.
Children and Minors
FitFlop does not knowingly collect or solicit Personal Information from children and minors. Anyone under the age of 14 will not be knowingly allowed to register for any Service on our Website, purchase Products or participate in any Service on our Website.
If you are under 14, please do not attempt to register on our Website or send any Personal Information to us. This is information about you, including your name, e-mail or home address, house telephone number, mobile number or other contact details. No one under the age of 14 may provide any Personal Information to our Website or receive any Services on the Website.
In the event that we become aware or informed that we have collected Personal Information from a child under the age of 14 without verification of parental consent, we will delete that information as quickly as possible.
Minors of 14 years old or older should make sure that they ask their parents for permission before sending any information about themselves to anyone over the Internet including to FitFlop.
IP Addresses and Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our Website.
Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any Personal Information you transmit to or from our Website, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.
Ordering online using your credit card details can be just as safe as ordering goods over the telephone. Where we have one, our Website will display any issued Secure Server Digital Certificate by a relevant online Certification Authority such as VeriSign.
To prevent unauthorised access, maintain accuracy of our records and data to ensure proper use of information, we have put in place appropriate physical, electronic and managerial procedures to protect, secure and safeguard the personal data and information we collect or on through our Website.
We are taking and will endeavour to continue to take all reasonable steps in order to protect our information and all personal data obtained by or provided to FitFlop. However, FitFlop cannot guarantee the security of any Personal Information or data disclosed to it or collected by it as we have no control over the public or third party network through which Personal Information may be sent to our website.
Store Your Personal Information
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your information transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Use We Will Make of Your Personal Information
We use information held about you in the following ways:
- to ensure that content from our Website is presented in the most effective manner for you and for your computer;
- to provide you with information, Products or Services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and us;
- to allow you to participate in interactive features of our Service, when you choose to do so; or
- to notify you about changes to our Service.
Your e-mail information is not shared with other organizations for commercial purposes. We do not partner with or have special relationships with any ad server companies. We use the Personal Information you provide in connection with the Services we provide and internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new Products, services and offers, and providing you with information from and about our Website, FitFlop or related companies.
We may contract with third party companies, sub-contractors, service providers, agents or other persons to provide certain services including credit card processing, shipping, data management, web development, promotional services, etc (“Service Providers”). We call them our Service Providers and we shall be entitled to provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop our Website and our Services or Products and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
From time to time we may provide your Personal Information to our customer service agencies for research and analysis purposes so that we can monitor and improve our Website, online experience, Products or Services (or as the case may be) we provide. We or our Service Providers may contact you by post, e-mail or telephone (or as required) to ask you for your feedback and comments on our Website, Products or Services.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your Personal Information, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your Personal Information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your Personal Information.
Where permitted by applicable law, we, our group companies or related third parties may also wish to provide you with information about special features of our Website or any other service or Products we think may be of interest to you. If you would rather not receive this information, please send an e-mail message to the contact details as indicated below.
Product and Promotional Information
When you access certain pages of our Website, purchase Products or register for competitions or other Services, you will be given the opportunity to receive information from by post, e-mail or telephone, about Products, promotions or special offers which we feel may be of interest to you.
In the event that you do not wish to be contacted for such purposes, ensure that you tick (or don’t tick as appropriate) the appropriate box as you go through the registration or other process.
You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing us at firstname.lastname@example.org or telephoning us on the contact details provided.
When entering any of our contests or prize draws, you will have to provide your name, email address and mailing address and if you win, we will send the prize to the contact address or details provided.
As part of entry into a prize draw, competition, contest or other promotion on our Website, you may also be included in our FitFlop newsletter or subscription list to receive notice of or information on new or updated Products, marketing materials, promotions, special offers and new additions to our Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
Disclosure of Your Personal Information
We may disclose your Personal Information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your Personal Information to third parties:
- in the event that you have consented to our disclosing your Personal Information, or for other purposes (relating to the primary purpose for collecting that information, including the processing of your personal data or Personal Information by our agents or data processors) that is reasonably expected including the sale or disposal of any part of our business or rights; or
- if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of FitFlop, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your Personal Information for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your Personal Information for such purposes or if we intend to disclose your Personal Information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access or modify Personal Information held about you. Where applicable, you can exercise these rights at any time by contacting us at firstname.lastname@example.org. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
This section sets out certain specific terms between you and us under which you may access our Website and use it as a shopping resource or participate in or use the services or resources provided.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any of your Contribution (as defined in the Content Provided by You section) as well as to its whole.
Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); comply with applicable laws. Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material or promote violence; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right, trade mark or any other intellectual property right of any other person; be likely to deceive any person; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; give the impression that they emanate from us, if this is not the case.
You may use our Website only for lawful purposes.
You may not use our Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards including as set out in this document or the provisions of these Terms and Conditions; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You warrant that your Contribution complies with the Terms and Conditions of our Website and indemnify us for any breach of this warranty.
Ownership of Your Contribution
If you are making a Contribution, please note that we reserve the right not to publish your Contribution on our Website (We will not post swears, spam or other unsuitable content).
By making a Contribution:
1. You agree that we have the right to use, copy, distribute, edit, shorten, publish and disclose to third parties your Contribution (including your name and the town/city you are from) for any purpose, including but not limited to for advertising and promotional purposes in our information and/or marketing materials, worldwide, for the duration of any copyright subsisting in your Contribution and without payment of any compensation, royalty or other fee;
2. To the fullest extent permitted by applicable law, you waive your moral rights in your Contribution throughout the world;
3. You warrant that you own all copyright and other rights in your Contribution, including, but not limited to, any intellectual property rights and image rights;
4. You agree and acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including, without limitation, copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including, without limitation, anyone whose likeness is included in your Contribution);
5. You agree that, if requested, you will sign, or will procure that any third party will sign, any documents necessary to transfer the copyright or any other rights in the Contribution to us; and
6. Subject always to our Exclusion of Liability Statement, you release us from any and all claims, liabilities, responsibilities, or damages arising from using, copying, distributing, editing, shortening, publishing, disclosing and/or transmitting the Contribution.
Your Contribution shall be considered non-confidential and non-proprietary. You agree that we may disclose your details to any third party which is claiming that your Contribution to our Website constitutes a violation of their intellectual property rights or other legal rights.
Your Account With Us
Please ensure that the details you provide us with in respect of your account with us are correct and complete and inform us immediately of any changes to the information that you provided when registering.
If you choose, or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to accept responsibility for all activities that occur under your account or password.
You should inform us immediately if you have any reason to believe that your password or any other breach of security regarding our Website that comes to your attention has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have hailed to comply with the provisions of the Terms and Conditions of our Website.
Links to Other Websites
Users of our Website may have access to other sites in order to provide information, access to Products or value to users. Where we provide such links to other websites or resources, we do so for you to access them at your sole discretion.
Subject always to our Exclusion of Liability Statement, we do not accept any responsibility for the content of any external websites which we link to or which may link to our Website. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites.
Accordingly, you acknowledge and agree that access to any external or linked websites shall be at your sole risk. By accessing such external linked websites, you accept and undertake to us that you have chosen to enter website at your sole discretion and risk. You accept and acknowledge that we shall do not directly or indirectly recommend or endorse the contents of such websites. We shall not under any circumstances be responsible for the availability of such external sites or resources.
By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content. We shall have no liability whatsoever for any loss, offence or damage suffered or resulting from any use of such sites or in connection with your use of any external linked website, including in respect of any reliance placed by you on any comments, representations, marketing or advertising materials, Products, services or other materials. If you wish to link to our Website, please contact LEGAL@FITFLOP.COM.
Interference with Our Website
You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
You must not knowingly transmit any data send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Anyone misusing our Website by knowingly introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful, or attacking our Website via a denial-of-service attack or a distributed denial-of service attack, or attempting to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to any Website may be committing a criminal offense. We will report this to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the entrant’s identity to them. In addition, such an entrant breaches civil law and we reserve the right to seek damages and costs (including but not limited to, legal fees) from any such person to the fullest extent permitted by law.
We may from time to time provide interactive services on our Website, including, without limitation: chat rooms; bulletin boards; user comment functionalities; Product or service review facilities; and any other interactive services (“Interactive Services”).
We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and, subject always to our Exclusion of Liability Statement, we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of these terms and conditions, whether the service is moderated or not.
Suspension and Termination
We will determine whether there has been a breach of this Acceptable Use Policy through your use of our Website. When a breach of this Policy has occurred, we may take such action as we deem appropriate, including but not limited to: immediate, temporary or permanent withdrawal of your right to use our Website; immediate, temporary or permanent removal of any posting or material uploaded by you to our Website; issue of a warning to you; legal proceedings against you.
EXCLUSIONS OF LIABILITY STATEMENT
The exclusions and limitations in this section apply only to the extent permitted by applicable law and none of your legal rights as a consumer (if applicable) that cannot be excluded or limited are affected. Nothing in this section (or in these terms and conditions generally) limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.
We will not be responsible or liable to you for any damage caused by, or loss of, any third party content or material uploaded or transmitted through our Website including in particular any third party content or comments, photos, Product reviews, endorsements, opinions, comments, testimonials or any other specific online user activities. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through our Website (including Contributions, comments, photos, Product reviews, endorsements, opinions or testimonials) or any non-compliance with, or breach of, these terms and conditions by you or any other liabilities arising out of your use of our Website, or the use of our Website by any other person using your shopping account and/or your personal data and information.
Using our Website
We will do our best to ensure that all material and information published on our Website is accurate. However, the Website is provided on an “as is” and “as available” basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect will be fixed promptly or at all.
Commentary and other materials posted on our Website are not intended to constitute advice upon which any reliance should be placed. Further, we will not be responsible for any loss of content or material that you upload or otherwise transmit through the Website.
The Products offered or promoted on our Website are not medical products or medical devices. Notwithstanding any third party content or promotional or marketing material, the Products should be used by you as directed (and subject to such precautions as notified) to you from time to time by us, whether through the Website or otherwise, and the Products may produce different results for different users.
We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
We will be responsible for any losses you suffer as a result of us breaching these terms and conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Website, or a contract for the sale of Products by us to you was formed. However, to the extent permitted by applicable law: (a) where any claim relates to the sale/supply of Products by us to you, our liability for losses you suffer is limited to the purchase price of the Product you purchased; and (b) we will not be responsible for any loss of profits, revenue, contracts, anticipated savings, data, goodwill, wasted expenditure or any other indirect or consequential loss (whether caused by negligence, breach of contract or otherwise) that was not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of Products by us to you was formed.
We exclude liability for actions taken in response to breaches of our Acceptable Use Policy. The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
INTELLECTUAL PROPERTY POLICY
By accessing our Website, you acknowledge and agree that all Copyright Material (as defined in the Our Intellectual Property section) shall at all times remain our property and/or the intellectual property rights therein shall at all times be vested in us or our related entities or third party licensors.
Using Our Copyright Material
You are permitted to access and use the Copyright Material on our Website for your own personal reference and non-commercial use and for placing orders for Products with us. However, you may not: modify; copy; reproduce; republish; upload; post; transmit; or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to: text; graphics; video; messages; code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire, or where expressly permitted under applicable laws. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.
Any unauthorised use of our Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.
Requests to Use Copyright Material
Our Website may incorporate third party content and we may be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.
If you are seeking permission to use any Copyright Materials other than as expressly permitted by this copyright notice, please contact our legal department (email: LEGAL@FITFLOP.COM) and we will request relevant information to allow us to review the request. If your request is approved, that approval will be subject to specified terms set out in such grant and you may be required to execute a licence or other agreement prior to use of such Copyright Materials.
Intellectual Property in your Contribution
Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.
CONDITIONS OF SUPPLY
Our Website is only intended for use by people resident in the European Union (excluding Germany) (the “Territory”). We do not accept orders from individuals outside the Territory.
Products listed on our Website are subject to availability (although we will do our best to ensure that all material and information published on our Website is accurate). If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (including email). If you have already paid for the Product or service, we will refund you in full as soon as reasonably possible.
By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the Territory; and
(d) You are accessing our Website from within the Territory.
The Contract Between Us
You can check and correct any input errors in your order up until clicking the “Place Order” button on the payment and delivery page. The contract between us shall be concluded in English. To the extent that these terms and conditions (or any part of them) are made available in languages other than English, the English language version shall take priority.
The details of your specific contract will not be filed by FitFlop, but details of your order history will be available through your “My Account” page.
You are required to provide us with your email address when placing an order (or when registering an account with us). We will notify you by email as soon as possible to confirm that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us (taking account, for example, of you meeting the eligibility criteria set out above, stock availability, identification of a pricing or product description error, our ability to obtain authorisation for your payment and the risk of fraud), and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. The contract 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.
The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error. These prices include VAT and other sales taxes but exclude delivery costs, which will be added to your order before your payment is finalised. Prices and delivery charges displayed are valid and effective only in the Territory.
Prices are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.
Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website 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.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Unless otherwise expressly stated, such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
You can pay by MasterCard, Visa credit, Visa debit, Visa Electron, JCB, Maestro, Solo and PayPal. In placing your order with a credit/debit card, you confirm that the card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products or services. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order or be under any obligation to deliver the relevant Products, we will not be obliged to inform you of the reason for the refusal and we will not be liable for non-delivery of the Products ordered. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Your credit /debit card will be charged when we dispatch your order from our warehouse.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within thirty (30) days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Products that are the subject of an unpaid order.
Your Right to Cancel
If you are contracting as a consumer within the Territory, you may cancel an order at any time (and without having to give any reason) within fourteen (14) days (or, if longer, ten working days), beginning on the day after you received the relevant Products (please see the Cancellations section below for more information on your cancellation right). In this case, you will receive a full refund of the price paid for the Products in accordance with the Returns section.
In addition to your cancellation right set out above, you may return any Products purchased from our Website within twenty-eight (28) days of the dispatch date in accordance with the terms set out in the Returns section.
Our Right to Cancel Orders
We reserve the right cancel orders where, for example, you have breached these terms and conditions or where we have a reasonable suspicion of fraud. If we cancel an order, it will be without charge to you.
Delivery & Returns
Subject to availability, we will use all reasonable means to deliver the Product(s) you have ordered within the time stated for the delivery service you have selected after your order is accepted by us. Due to the size of some of the Products or large quantities ordered we may have to split your order and you might receive multiple parcels. Please note you will only be charged once for delivery.
The confirmation of dispatch email will contain an ‘order tracking number’ and a link to the website of our nominated courier to enable you to track the status of your delivery. We aim to dispatch the goods as soon as practicably possible and in most instances (if the item is in stock) this is within one working day. Any dates we specify for delivery of goods are approximate and, subject always to our Exclusion of Liability Statement, we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay.
Delivery options, charges and arrangements
Express Shipping € 12
France - Paris
France - All Other Locations
Ireland Republic of
|Standard Shipping €7|
|Shipping Destination||Zone||Delivery Time|
|Czech Republic||4||3 days|
|Ireland, Republic Of||1||2 days|
For security reasons the precise timing of a delivery cannot be specified. All deliveries require a signature to confirm receipt (for your own benefit, please INSPECT THE PRODUCTS THOROUGHLY BEFORE SIGNING).
Once delivered, the Product(s) ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
We strongly advise you to thoroughly check your Products upon receipt, please read through and sign the “Proof of Delivery” (POD) and sign in the relevant sections as this will protect your interests, regarding any claim concerning short delivery and/or damaged and/or defective goods found on delivery, or concerning damaged or defective goods found at a later date. We do not accept any claims for damage to Products caused by you the customer.
In order to make sure you receive your goods as soon as possible, if you are not at home when we try to deliver we might leave your parcel with one of your neighbours. If we do this we will leave a card stating where the parcel has been left. In case we cannot reach you or your neighbours to receive your parcel we will leave a card in your letterbox to notify you that we tried to deliver your parcel. Please follow the instructions on the card to schedule a delivery day. You will find the contact details on the card.
Right to Cancel
If you are contracting as a consumer within the Territory, you may cancel an order at any time (and without having to give any reason) within fourteen (14) days (or, if longer, ten (10) working days), beginning on the day after you received the relevant Products.
If you decide to cancel your order, please contact our Customer Services Department on +44 (0)845 359 9884 (standard local call charges will apply) or via email to: email@example.com. You can also contact the Customer Services Department by post at: FitFlop Ltd, Customer Service Department, The Point, 210 New Kings Road, London SW6 5NZ, United Kingdom. If you contact us by phone, please be ready to quote your order number. Also, if you contact us by email or post, please make sure that you include your order number in the email/letter.
We try to dispatch all orders within forty-eight (48) hours of receipt, so if you do change your mind, make sure you notify us as soon as possible. If your order has already been dispatched or delivered, then you’ll need to follow our Returns Procedure to return the Products to us. Should we dispatch out but not receive a cancelled order back, we reserve the right to have the relevant Products collected at your cost.
It's important that returned Products are in the best possible condition, so please take reasonable care of them and keep all packaging. (If you’re trying footwear on for fit, you should stay indoors while you walk around in them)
For details on payment of refunds and delivery charges, please see our Returns section below.
In addition to your right to cancel orders (see the Cancellation section), customers may return Products for any reason within twenty-eight (28) days of the dispatch date. This is in addition to your legal rights as a consumer.
If you wish to return any Products purchased on our Website please package them well to prevent any damage during transport and send the parcel back to the return address shown on the paperwork included with your delivery. If for any reason you cannot find the return address, please use the following address:
FITFLOP.COM RETURNS DEPARTMENT
c/o DHL Supply Chain
Please ensure that you COMPLETE the RETURNS NOTE on the reverse of your dispatch note and include it inside your package. We recommend that you use a “signed for” delivery method and obtain proof of postage. Sorry, but items purchased from our Website may not be returned via any of our retailer partners, as selections and styles vary from retailer to retailer.
We encourage to you to indicate the REASON FOR RETURN on the returns note using the CODES provided and, in the case of a fault or error on our part, please provide a full description in the space provided. We appreciate your feedback and will use it to improve our service.
If you have any difficulty or have any other queries regarding the returns procedure, our Customer Services Department will be able to assist at firstname.lastname@example.org or on +44 (0)845 359 9884.
Please Look after the Products
It's important that returned Products are in the best possible condition, so please take reasonable care of them and keep all packaging.
In all cases, except where an item is faulty or where you have cancelled your order in accordance with the Cancellation section, the item(s) returned must be in their original and saleable condition without having been worn outdoors. This includes all packaging and labelling. (If you’re trying footwear on for fit, may we suggest you stay inside while you walk around in them?)
All Products will be inspected on return.
If we have sent you the wrong items, or your order is faulty (see the Faulty or Damaged Products section below), damaged or not as described on arrival, please contact us. We will refund the postal charges you incur to return such items. Please make sure that you obtain proof of postage from your post office, and we will credit your account as soon as possible.
If you cancel an order in accordance with the Cancellation section, we will NOT (unless otherwise stated) refund the postal charges you incur to return such items.
For all other returns, the initial delivery charge IS NON-REFUNDABLE (unless otherwise stated) and you must also pay the postal charges for returning the Products (i.e. this will NOT be refunded by FitFlop).
If you cancel an order in accordance with the Cancellation section we will refund the price paid (including any applicable initial delivery charge) to the original payment method within thirty (30) days of your notice of cancellation.
For all other returns, on receipt at our warehouse, standard inspection checks will be carried out on the returned Products and, once approved, a refund to the original payment method for the price paid will be issued (note that except where we have sent you the wrong items, or your order is faulty, damaged or not as described on arrival, we will not (unless otherwise stated) refund the initial delivery charge or the postal charges you incur to return such items). Please allow up to ten (10) working days from receipt for this refund to be made.
We cannot accept liability nor can we take responsibility for any bank charges that you may have incurred during the order process.
FAULTY PRODUCTS & RECALLS
Faulty or Damaged Products
Nothing in this section affects your legal rights as a consumer under applicable laws. If any Product you purchase is damaged or faulty when delivered, we may offer an exchange or refund as appropriate, in accordance with your legal rights. Please note that if the damage to a Product is deemed to be malicious (who, you ask, would want to attack an innocent FitFlop item?), no refund (not Product, nor delivery charge, nor return postage) will be made.
If you believe a Product is faulty, you should notify our Customer Service Department (see the Returns section) and return the Product in accordance with the Returns section.
We have taken reasonable steps to display, as accurately as possible, the colours and other detailing of our products in the images that appear on the Website. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
In the extremely unlikely event we recall a product(s), you agree to cooperate fully with us and will provide all reasonable assistance in the event as required by us. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.