TERMS & CONDITIONS

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.

To use our Website, you must be:

• able to enter into legally binding contracts under applicable law

• at least eighteen (18) years old

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.

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 “Intellectual Property 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 Intellectual Property Material and such use may constitute an infringement of the holder’s rights.

For further information, see our Intellectual Property Policy, below.

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.

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, below. 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, below.

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 and other sales promotions on our Website. Such competitions and sales promotions, and your entry into them, shall be subject to separate competition rules.

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 any time without notice. Subject always to our Exclusion of Liability Statement, we shall not be liable to you or any third party for any such change, alteration, modification or withdrawal of our Website. These changes will be applicable to any new session on the Website initiated by you after the change has been made and, in any case, one hour after the changes have been made. Your continued use of our Website 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.

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).

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, below. Please note that this does not affect your legal rights as a consumer, nor does it affect your legal or contractual contract cancellation rights.

We aim to ensure that our Website complies with English and German 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 and Germany. 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 and Germany, 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. This condition does not affect your legal rights.

Unless otherwise stated in these terms and conditions (or otherwise notified by FitFlop from time to time), 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.

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. 

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 Notice 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.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident (eg. as a consumer based in Germany, you may have a right to use German law and German courts instead). Nothing in these terms and conditions, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

Legal restrictions for customers based outside Germany: 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.

Delivery charges will be displayed on the order page before payment is requested. Our current delivery charges and delivery time frames by shopping destination are available on our Delivery Information page.

For security reasons the precise timing of a delivery cannot be specified. All deliveries require a signature to confirm receipt.

Once delivered, the Product(s) ordered will become your property (provided they have been paid for in full - in case of breach of contract or failure to pay, we retain title to the goods and are entitled to take possession of them) and your responsibility. 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. unless the Product was faulty when it became your property. We do not accept any claims for damage to Products caused by you.

We would always suggest checking your Products upon receipt - just in case!

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.

In addition to your right to cancel orders (see the Cancellation section), customers may return Products that have not yet been worn outdoors and are still in their original condition for any reason within twenty-eight (28) days of the dispatch date. This is in addition to your legal rights as a consumer. Any order returned 6 months or longer after the purchase date will not be entitled to a refund

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 following the instructions at https://www.fitflop.com/eu/en/returns-and-refunds

Please COMPLETE the RETURNS’ NOTE on the reverse of your dispatch note and include it inside your package.

If you are arranging your own return, we recommend that you use a “signed for” delivery method and obtain proof of postage. 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.

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.

If you have any difficulty or have any other queries regarding the returns procedure, our Customer Services Department will be able to assist at INFO.EU@FITFLOP.COM or on +44 (0)845 359 9884.

It's important that returned Products are in the best possible condition, so please take reasonable care of them.

The item(s) returned must be in their original 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?). Please note that this obligation to keep and return original packaging does not apply for the return of damaged Products or for orders cancelled in accordance with the Cancellation section.

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.

If you are contracting as a consumer within the Territory, you are entitled to cancel an order at any time (and without having to give any reason) within fourteen (14) days, beginning on the day after you received the relevant Products.

French: S'il réside sur le Territoire lors de la conclusion du contrat, le consommateur a le droit de notifier à l'entreprise qu'il renonce à l'achat, sans pénalités et sans indication de motif, dans les 14 jours calendrier à dater du lendemain du jour de la livraison du bien ou de la conclusion du contrat de service.

Dutch: Indien woonachtig op het Territorium wanneer de overeenkomst wordt afgesloten heeft de consument het recht aan de onderneming mee te delen dat hij afziet van de aankoop, zonder betaling van een boete en zonder opgave van motief binnen 14 kalenderdagen vanaf de dag die volgt op de levering van het goed of op het sluiten van de dienstenovereenkomst.

If you decide to cancel your order, you must contact our Customer Services Department before the end of the fourteen (14) day cancellation period on +44 (0)845 359 9884 (standard call charges will apply) or via email to: cancellations@fitflop.com (in text form). You can also contact the Customer Services Department by post at: FitFlop Ltd, Customer Service Department, 4th Floor, Foundry Building, 2 Smiths Square, London W6 8AF, United Kingdom. To help with identifying your order, we would be grateful if you could quote your order number.

If you cancel your order we will reimburse any payments that we have received from you, including standard delivery charges (if applicable and with the exception of additional costs resulting from your choice of any mode of delivery which is more expensive than the cheapest mode of delivery on offer) without undue delay and in any event no later than 14 days upon receipt of your notification of revocation. We will use the same mode of payment for reimbursement that you have used for your initial payment, unless something different has been explicitly agreed with you.

We may withhold reimbursement until we have received the Products or you have supplied evidence of having sent back the goods, whichever is the earliest.

To return the Products to us, please follow our Returns Procedure without undue delay and in any event no later than 14 days from the day on which you have notified us of the cancellation. The deadline is met if you dispatch the goods before the period of 14 days has expired.

You will have to pay the direct cost of returning the goods. You are only liable for any reduced value of the goods that results from handling of the goods in such way that exceeds what is necessary to check the goods.

You can (though you do not have to) use the below cancellation form:

To: FitFlop Ltd, The Point, 210 New Kings Road, London (England) SW6 4NZ, United Kingdom, E-Mail: info.eu@fitflop.com I/We (*) hereby give notice that I/We (*) revoke from my/our (*) contract of sale for the following goods __________________(*)

Ordered on: __________________(*)/ received on __________________(*)

My Name : ________________________________________________________ My address: ______________________________________________________

Date: _____________________________________________________________

Signature (only in case of notification on paper):

(*) Delete as appropriate.

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 by a competent court, 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 their instructions.

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.

RECALLS

In the extremely unlikely event we recall a Product, 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 suspect there is a possibility of products needing to become the subject of a recall.

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 children 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 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 (e.g. spam).

You warrant that your Contribution complies with these terms and conditions and indemnify us for any breach of this warranty.

If you are making a Contribution, please note that we reserve the right not to publish your contribution on our Website (for example, we will not post swear words, 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 and permit FitFlop to use your contribution globally for promotional purposes;

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.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.

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 you have failed to comply with these terms and conditions.

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 and sole risk.

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.

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.

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 the Website or any other computer software or hardware.

Anyone misusing our Website by knowingly introducing viruses, Trojan horses, 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 commit a criminal offence. To the extent that they do, we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user’s identity to them (and users expressly consent to any such disclosure). In addition, such a user may breach 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”).

Pursuant to this terms and conditions third parties are forbidden from providing any harmful or illegal content or content that infringes any third party rights. While we are under no obligation to monitor or moderate any Interactive Service we provide, we will seek to delete any content that has been identified as infringing these terms and conditions in a timely manner. If you identify any such content please contact us at info.eu@fitflop.com. Our Exclusion of Liability Statement applies.

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.

Our Website is only intended for use by people resident in the European Union (the “Territory”). We do not accept orders from individuals outside the Territory

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 eighteen (18) years old; 

(c) You are ordinarily resident in the Territory; and

(d) You are accessing our Website from within the Territory.

In order to enter into a contract with FitFlop, you need to:

• select an item and size,

• add the item to your bag,

• register an account with us, log in to your account with us, or continue as a guest. You are required to provide us with your email address when placing an order (or when registering an account with us).

• choose a mode of delivery

• choose a mode of payment and enter your payment details

You can check and correct any input errors in your order up until clicking the "Order now" (or similar) button on the payment and delivery page.

By clicking on “Order now” (or similar) you are placing a binding order. By releasing the order you bindingly declare intent to buy the respective products. We will then send you a confirmation of receipt, though this does not contain acceptance of such order. A purchase agreement comes into force when FitFlop charges your payment method.

We will notify you by email as soon as possible to confirm that we have received your order. Please note that orderswe are under no obligation to deliver your order if:

• you do not meet the eligibilty criteria set out above
• we are unable to obtain authorisation for your payment
• we reasonably suspect fraud
• our suppliers fail to deliver stock correctly or on time, despite us having followed proper ordering practice at our end
We will inform you of this without undue delay, and where applicable, refund any payments made by you. We do not assume the risk of having to procure ordered merchandise elsewhere (procurement risk). We are obliged only to make deliveries from our available stock. The contract between us shall be concluded in English. 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 also able to print out and save these Terms and Conditions by selecting the usual commands in your web browser (usually File -> Print).

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism, and will only use your information in accordance with our Privacy Policy.

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, PayPal and Apple Pay. 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.

Apple Pay is a trademark of Apple Inc.

In addition to your cancellation right set out above and below, 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.

Occasionally we may need to cancel an order at our discretion (for example, in the unlikely event of a product recall). If this becomes necessary, it will be without charge to you.

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), beginning on the day after you received the relevant Products (please see the Cancellations section above for more information on your cancellation right).

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.

Additionally, for customers based in Germany: nothing in this section excludes our liability for (d) intentional or gross negligence on our part or by our legal representatives in performance; or (e) breach of fundamental contractual obligations. To the extent that the breach of fundamental contractual obligations is unintentional, our liability for damages shall be limited to typically predictable damage. Our liability under the Product Liability Act remains unaffected. Any liability not expressly provided for above shall be disclaimed.

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.

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 that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the Products. This does not affect your legal rights as a consumer, nor does it affect your cancellation rights.

Warranties for customers based in Germany: Statutory warranty provisions pursuant to §§ 434 ff. German Civil Code (BGB) govern our liability for defects but subject to the remainder of this Exclusion of Liability Statement.

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 (except in the case of gross negligence or wilful misconduct by FitFlop or our legal representatives, or for customers based in Germany, for claims under the Product Liability Act); 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.

By accessing our Website, you acknowledge and agree that all Intellectual Property 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.

You are permitted to access and use the Intellectual Property Material on our Website for your own personal 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 Intellectual Property 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.

Our Website may incorporate third party content and we may be unable to grant permission for you to use any such third party content.

If you are seeking permission to use any Intellectual Property Material other than as expressly permitted by this section, 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 and you may be required to enter into a licence or other agreement prior to use of such Intellectual Property Material.

Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.