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Unless otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use. 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. In accordance with our Limitation of Liability Statement , we therefore disclaim 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.
We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Any changes made will apply to any new session you start on the Website after the changes are made, or one hour after the changes are made (whichever is sooner). Continued use of the Website shall be deemed your acceptance of such changes.
All trademarks, service marks and trade names of Fitflop used in the Website (including but not limited to the Fitflop name) are trademarks or registered trademarks of Fitflop USA LLC or its affiliates or their licensors. They may not be used without our prior written permission. The entire content included in the Website, including but not limited to text, graphics or code is copyrighted as a collective work, and all such content is otherwise subject to copyright protection, under the United States and other copyright laws, and is the property of Fitflop (the “Copyright Materials”). The Website content and the collective work include works that are licensed to Fitflop USA LLC and/or its affiliates. Copyright 2014, Fitflop. ALL RIGHTS RESERVED.
All material, including, but not limited to, reviews, feedback, stories, testimonials, photographs, artwork and 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 these Terms and Conditions and, in particular, by our Intellectual Property Policy.
You agree to fully 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 as more fully described in our Acceptable Use Policy.
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 ).
From time to time, we may conduct competitions on the Website. Those competitions and your entry into them will be governed by separate competition rules (the main ones are here).
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 Limitation of Liability Statement.
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.
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 statutory or any other purposes, you agree to this electronic means of communication.
Unless otherwise stated in these Terms and Conditions, all notices given by you to us must be given to FITFLOP USA LLC at INFO.US@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.
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.
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.
These Terms and Conditions including the documents referred to in them (in each case, as amended from time to time) constitute 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 written or oral 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.
Your use of this Website shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to New York Uniform Commercial Code Section 1-101 et. seq. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Products) shall be in the state or federal courts located in New York County, New York USA. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Products) must be commenced within two (2) years after the claim or cause of action arises. Fit Flop's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. FITFLOP may assign its rights and duties under this Agreement to any party at any time without notice to you.
Last modified: 17 May 2019
FitFlop USA LLC (“We”) are committed to protecting and respecting your privacy and recognizing 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, comments, 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. This policy applies to information we collect:
It does not apply to information collected by us offline, or collected by any third party.
Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.
When you buy Products and services from our Website, our Website 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, mobile messages, 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 follow the instructions in the promotional message or let us know by sending an email to INFO.CA@FITFLOP.COM and we will stop sending you any promotional messages.
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, unless you have agreed otherwise.
We collect several types of information from and about our Website users. This includes information:
We collect this:
We have provided some more detail below:
There may be times when we ask you to fill in a form on our Website (such as when you purchase or order a Product, subscribe to service, register to receive catalogues, or to participate in competitions, user reviews, contests, or promotions, etc). This might include certain information about yourself such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc.
If you contact us, we may keep a record of that correspondence.
We also maintain a record of your online Product purchases. Whether or not to provide such information is completely your own choice. But if you choose not to provide this information we request, you may be unable to purchase Products, or access certain services, offers and content on our website.
As you navigate through and interact with our Website, automatic data collection technologies collect certain information about your device, browsing actions and patterns. This information may include personal information (or it may be matched with personal information collected in other ways). We do this to deliver a better and more personalised service for you. The technologies we use to do this may include cookies, Flash Cookies and Web Beacons. Our web server also 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.
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 otherwise required), you may have to complete a subscription process including a registration form and provide Personal Information.
We use information held about you in the following ways:
(a) to ensure that content from our site is presented in the most effective manner for you and for your computer.
(b) to provide you with information, Products or services that you request from us.
(c) to carry out our obligations arising from any contracts entered into between you and us.
(d) to allow you to participate in interactive features of our service, when you choose to do so.
(e) to notify you about changes to our service or your account.
(f) in other ways we may describe when you provide the information.
(g) for any other purpose with your consent.
We may disclose personal information that we collect or you provide:
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 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.
We strive to provide you with choices regarding your personal information. You can take the following control over your information:
When you access certain pages of our Website, purchase Products or register for competitions or other service, you will be given the opportunity to receive information from by post, e-mail or telephone (including mobile messages such as SMS), 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 check the appropriate box as you go through the registration or other process. We may also sometimes contact you to enable you to review products that you have ordered. You can opt out of each of these types of messages at any time.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative on the NAI's website.
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, specials and new additions to our Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
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.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us:
(a) to estimate our audience size and usage pattern;
(b) to store information about your preferences, and so allow us to customise our Website according to your individual interests;
(c) to speed up your searches; and
(d) to recognise you when you return to our Website.
This website is not intended for children and we do not knowingly collect data relating to children.
If you are under 13, please do not send any information to us. No one under the age of 13 may provide any personal information to our Website or receive any services on FITFLOP Website.
If we become aware that we have collected Personal Information from a child under the age of 13 without parental or guardian consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at info.CA@fitflop.com.
Minors of 13 years old or older should make sure that they ask their parents or guardians for permission before sending any information about themselves to anyone over the Internet including to FITFLOP.
We employ industry-standard security measures to protect the loss, misuse, and alteration of the information under our control. In addition, we utilize a licensed system for credit card authorization and fraud detection. We use industry standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal information.
Although we make good faith efforts to store information collected by us in a secure operating environment, we cannot guarantee complete security. Information collected by FITFLOP will be maintained for a length of time appropriate to our needs.
You agree that you do not object to us contacting you for any of the purposes of processing your orders, statistical or survey purposes to improve our Website and its services to you, provision of website content and advertisements to you, administration of our Website and where you consent, to notify you of Products or special offers that may be of interest to you. You consent to such contact whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under any applicable law, rule, regulation, order or similar act of a governmental body.
Policy changes will apply only to information collected after the date of the change.
You have the right to:
Asking us not to process your personal data for marketing purposes:
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data 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.
Asking us for access to your personal data
If you have registered for an online account, you can view many types of your personal data by navigating to your profile. You can request for access to personal data by sending us an email at firstname.lastname@example.org. Please clearly explain the information you are requesting. Please note that we can only respond to access requests that we receive in writing. We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We try to respond to requests within one month. Occasionally it may take us longer than a month if your request is complex or you have made several requests. In this case, we will notify you and keep you updated.
Asking us to correct or delete your personal data
If you have registered for an online account, you can update, correct or delete many types of your personal data by amending details on your profile. You can also request that we correct or delete personal data by sending us an email at email@example.com. Please clearly explain the information you are requesting that we delete or correct. Please note that we can only respond to access requests that we receive in writing. We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We try to respond to requests within one month. Occasionally it may take us longer than a month if your request is complex or you have made several requests. In this case, we will notify you and keep you updated.
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.
This policy sets out certain 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 well as to its whole.
You may use our Website only for lawful purposes.
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).
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
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 at your sole discretion.
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.
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 on our Website (“Interactive Services”).
You agree to fully 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 comments, photos, Product reviews, endorsements, opinions, testimonials) or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of our Website, or the use by any other person accessing our Website using your shopping account and/or your personal data and information.
Our site is only intended for use by people resident in Canada. We do not accept orders from individuals outside Canada.
By placing an order through our Website, you warrant that:
You can check and correct any input errors in your order up until clicking the “Place Order” button on the payment and delivery page.
In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Fitflop shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Fitflop shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fitflop shall issue a credit to your credit card account in the amount of the incorrect price.
You can pay by MasterCard, Visa, American Express 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, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. 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.
You may return any Products purchased from our Website in accordance with the terms set out in our Delivery and Returns Policy.
We reserve the right to cancel orders at our discretion. If we cancel an order, it will be without charge to you.
EXCEPT AS EXPLICITLY SET FORTH HEREIN REGARDING PRODUCTS, THE WEBSITE AND THE PRODUCTS PURCHASED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITFLOP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FITFLOP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FITFLOP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
We do not and cannot review all communications and materials posted to or created by shoppers and customers accessing the Website and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, if any, the Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on the Website. You may not post or otherwise distribute content to the Website which Fitflop in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Fitflop or another party, illegal, or otherwise inconsistent with our Content Standards or objectionable to Fitflop. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
The Products offered or promoted on the Website are not medical products or medical devices, and may produce different results for different users. 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.
We will not be responsible for any losses you suffer as a result of us breaching these terms and conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, or when the contract for the sale of Products by us to you was formed. However, to the extent allowed by law, where any claim relates to the supply of Products by us to you, our liability for losses you suffer is limited to the purchase price of the Product you purchased.
We exclude liability for actions taken in response to breaches of our Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
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 review these policies before you use these websites.
By accessing our Website, you acknowledge and agree that all Copyright Materials shall at all times remain our proprietary property and/or shall at all times be vested in us or our related entities or third party licensors.
You are permitted to access and use the Copyright Materials on our Website for your own personal reference and non-commercial use and for placing an order 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. Our status (and that of any identified contributors) as the authors of the Copyright Materials must always be acknowledged.
Our Website may incorporate third party content and we are 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.