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Welcome to FitFlop.eu / FitFlop.com/eu (“Website”).
These terms: Please read these terms and conditions carefully before using the Website or ordering any Products as, in accessing and using our Website or shopping 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.
In particular, we draw your attention to the Nature of Our Website section, our Acceptable Use Policy and our Exclusion of Liability Statement.
This page 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. When we say ‘terms and conditions’, that includes all documents referred to on this page and within the text of any such documents also.
Last modified: 07.10.2019. These terms and conditions may be modified from time to time but, should this happen, they will be posted on our Website. Changes will not apply retrospectively unless you agree to it.
Who are we: Our Website is operated by FitFlop Limited, a limited company registered in England & Wales under company number 06436347, whose registered office is at Eighth 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 114865805 (“FitFlop” “our”, “we” or “us”).
NEW CUSTOMER SIGN UP OFFER
Sign up to enjoy 20% off your first order, valid on full price shoes only*. Apply code NEWADDICT on your basket.
*You must create an account with the same email address, be logged in to your account and enter the code in the online basket. One use per customer. Valid for new customers. It cannot be applied to previous purchases nor combined with any other offers. Excludes Sale, Clearance, Outlet and Limited Edition products (Loosh Luxe). Additional product exclusions apply. Offer may be withdrawn or modified by us at any time.
Unless otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
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.
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.
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.
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.
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 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.
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.
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.
We will always do our best to meet delivery times, but sometimes there can be delays outside of our control, such as logistics and weather delays. If you have any questions or concerns, please contact our Customer Services team at email@example.com.
The confirmation of dispatch email will contain an ‘order tracking number’ and a link to the website of our nominated courier to enable you to track the status of your delivery. We aim to dispatch the goods as soon as practicably possible and in most instances (if the item is in stock) this is within one working day. Subject always to our Exclusion of Liability Statement, we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay.
Due to the size of some of the Products or large quantities ordered we may have to split your order and you might receive multiple parcels. Please note you will only be charged once for delivery.
In case of default in acceptance or other breach of duties to cooperate by you we are entitled to claim any resulting damage, if any. Further damages are reserved. In this case, the risk of loss or damage to the goods passes to you at the time of such default or breach of duty to cooperate.
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: firstname.lastname@example.org (in text form). You can also contact the Customer Services Department by post at: FitFlop Ltd, Customer Service Department, The Point, 210 New Kings Road, London SW6 5NZ, United Kingdom. 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: email@example.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: ______________________________________________________
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.
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.
FitFlop Limited is the company responsible for your personal data (the “data controller”).
We have a privacy team which is responsible for privacy. If you have any questions or if you wish to exercise your legal rights please contact us using the details below:
Email address: firstname.lastname@example.org
Postal address: FitFlop Limited, 210 New Kings Road, London SW6 4NZ, United Kingdom. Attention: Data Privacy Team
This version was last updated on May 22nd 2019.
Sometimes we may make changes to this policy reflect how we process your data. If those changes are important, we will make this clear on our website, or by getting in touch to let you know.
We may collect, use, store and/or transfer different kinds of info about you:
We also collect, use and share information that cannot be used to identify you. If we combine or connect this with your personal data so that it can identify you, we treat the combined data as personal data which will be used in accordance with this policy.
We do not collect any sensitive personal data, for example your race, ethnicity or religious beliefs.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product order but we will notify you if this is the case at the time.
We use different ways to collect data including through:
Please Contact us if you need further details.
We use your personal data in a number of different ways, and only when the law allows us to. Most commonly, we use personal data:
We have set out below in more detail a description of all the ways we use personal data, and the reasons why we do so. There may be times where there is more than one reason why we are using your data. Please Contact us if you need details about the specific reason.
|Purpose||Type of data||Why?|
|To register you as a new customer|| ||So that we can perform a contract with you (to process your registration or purchases, grant you access to services, process any requests)|
|To take payments, give refunds, deliver your order and provide customer service|| || |
|To manage our relationship with you which will include: |
(b) Asking you to leave a review or take a survey
| || |
|To enable you to take part in a competition, complete a survey or find out what you like|| || |
|To enable you to register an account with us and participate in online activities such as reviews, testimonials and endorsements|| || |
So that we can run our business (to allow you to participate in interactive features of our site, study how customers use our products/services, to develop them and give you what you want)
This may include information from Facebook where you choose to use Facebook social sign on.
|To run, improve and protect our business and this website and to prevent and detect fraud|| || |
|To personalise our website for you|| || |
|To show adverts to you and make recommendations for you|| || |
If you’ve signed up for it or if you have purchased products from us and you have not opted out, we might send you marketing messages by email, text or post to keep you up to date on all things FitFlop. Sometimes we might also use your information to work out which products or offers might be relevant for you.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think may be of interest to you. This is how we decide which products and offers may be relevant for you.
We try to give you choices around marketing. You can stop receiving messages at any time by:
Bear in mind it might take a few days while we process your request. When you opt out of receiving these messages, this will not stop messages that are sent because of a product purchase (such as an order confirmation).
Like many other companies, we advertise on other sites online so that you can see our products and offers. We use various digital marketing networks and advert technologies when we do this.
We and our partners use technology such as cookies on our site to personalise content and ads, provide social media features, and analyse our traffic.
You can change your mind and change your consent choices at any time by clicking here
We will only use your personal data for the purposes for which we collected it or for another reason that is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We do not sell your data – we are committed to respecting your privacy.
However we may have to share your personal data with some companies where it is an essential part of providing our services, as set out below:
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Bear in mind that when we interact with you through social media platforms, we can not control these platforms. Please review and adjust your privacy settings on these platforms.
This website is not intended for children and we do not knowingly collect data relating to children.
If you are under 16, please do not send any information to us.
If we become aware that we have collected Personal Information from a child under the age of 16 without parental or guardian consent, we will delete that information.
If you are under 18 but over 16, please make sure you ask your parents or guardians for permission before sending any information to us.
Some of our suppliers are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to a ‘need to know’ basis. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our Website.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we have no control over the public network through which personal information may be sent to our website. Once we receive your transmission, we will do our best to protect its security on our systems. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Ordering online using your credit card details can be just as safe as ordering goods over the telephone. Where we have one, our Website will display any issued Secure Server Digital Certificate by a relevant online Certification Authority such as VeriSign.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for.
We always consider the amount, nature, and sensitivity of the personal data, the potential risk unauthorised use of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means.
You have rights relating to your personal data. These may include a right to:
Some of these rights (such as the right to withdraw consent) can be exercised by clicking links we provide in messages. Others (such as the right to request correction of your data) can be exercised by amending details on your profile.
If you wish to exercise any of your rights, please contact us at email@example.com and clearly explain the information you are requesting.
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.
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.
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).
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).
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.
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.
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 (“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 firstname.lastname@example.org. 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
By placing an order through our Website, you warrant that:
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:
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.
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.
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.
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 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.
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.
Our Website may incorporate third party content and we may be unable to grant permission for you to use any such third party content.
Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.
FitFlop may, with your permission, use user-generated images, video or other content posted to social media sites such as Instagram and Twitter (“User Generated Content”). You can provide your permission to FitFlop to use your User Generated Content by replying to our social media posts with #TeamFitFlop. By providing your permission, you:
We will use commercially reasonable efforts to give you credit for your content and provide a link back to your social media account when applicable. However you agree that such credit is not mandatory and your permission for us to use your content is not contingent upon such credit being given.
In no event shall FitFlop be liable for any third party claims, losses of any nature or damages, including but not limited to direct, indirect or punitive damages arising out of the use of the User Generated Content. 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 our use of the User Generated Content. If you believe your work has been copied in a way that constitutes an infringement of your intellectual property rights, please report it to us at email@example.com These terms are governed by the laws of England and Wales. Any dispute (including non-contractual disputes) which cannot be resolved between us shall be subject to the exclusive jurisdiction of the courts of England and Wales. If you do not agree to these terms, please do not reply to our social media posts with #TeamFitFlop.