Terms & Conditions
Introduction
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.
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. 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 statutory 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. You acknowledge and agree that FitFlop make no warranty that our Website will be timely or defect and error free, meet your requirements or will be uninterrupted. We do not warrant that any servers or equipment will be free of viruses or bugs or that any defect will be fixed promptly or at all.
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.
Website Content
Unless otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
Information posted on our Website, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. 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, 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 proprietor and/or licensee of the “FitFlop” trade and brand name, trade mark and get-up in. Unless otherwise expressly stated, copyright and any other rights contained in our Website, including but not limited to all images, software, design, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, copyrighted designs or other brand features, branding, trade marks, selection, arrangement, product names, copyright and all other intellectual property rights in all material or content supplied as part of our Website and coordination of such content on our Website (”Copyright Material”) and other content on our Website, is owned by FitFlop Limited or licensed by or to FitFlop Limited from third parties.
No permission is given by FitFlop 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
We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
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 our Conditions of Supply. By placing any order for any of our Products, you agree to be bound by our Conditions of Supply.
Competitions
From time to time, we may conduct competitions on our Website. Such competitions and your entry into them shall be subject to the 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), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation as set out in our Conditions of Supply. In such event, 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.
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, or liability to you shall be limited in accordance with our Exclusion of Liability Statement.
Legal Restrictions
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 the laws of England and Wales. However, we make no representations that the material, content, information, Products or services on our Website are appropriate or available for use in locations outside the United Kingdom. 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 the United Kingdom, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.
Severability
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 law.
Written Communications
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 contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given to FitFlop Limited at info@fitflop.com. We may give notice to you 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 the terms of 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 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 the terms of 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 (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; iImpossibility 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.
Entire Agreement
These terms and conditions including the document referred to in them (as amended from time to time) constitutes the entire agreement between us and you in relation to use of our Website and supersedes all previous agreements in respect of your use of our Website.
Waiver
If we fail, at any time during the term of any contract between you and us concluded under the terms of 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 Notice section of these terms and conditions.
Governing Law
The terms and conditions of our Website as well as any contract in respect of a transaction carried out through our Website are governed by English law. Any dispute, which cannot be resolved between us, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
