General
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.
