TERMS & CONDITIONS AND PRIVACY POLICY

The Website is provided on an 'as is' basis. This means that, to the extent permitted by law, we make no representations or warranties of any kind with respect to the Website or its contents. This does not affect your legal rights as a consumer, nor does it affect your legal or contractual cancellation rights. We will be changing the content of the Website regularly.

Please note that the Website is available only to people who can form legally binding contracts under applicable law. In particular, by accessing or using the Website, you warrant to us that you are over 18 years old and legally capable of accessing and using the Website in your country of residence, or that if you are under 18 you have the permission of a parent or guardian. You must be at least 18 to make a purchase on the Website.

Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.

Unless we state otherwise, all content published on the Website is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website is accurate and up to date, we cannot warrant that the content is complete and accurate. We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or posted by a third party (e.g. testimonials and comments), or from any connection problems.

We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Any changes made will apply to any new session you start on the Website after the changes are made, or one hour after the changes are made (whichever is sooner). Continued use of the Website shall be deemed your acceptance of such changes.

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

For further information, see our Intellectual Property Policy.

We process information about you in accordance with our Privacy Policy, below.

All material which you contribute to the Website, including reviews, feedback, stories, testimonials, and images (‘Contribution’), is subject to our Acceptable Use Policy as part of these terms and conditions.

Contracts for the sale of Products formed through the Website, or as a result of your visits to the Website, are governed by these terms and conditions, including our Conditions of Supply.

All such contracts are 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 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 the contract.

From time to time, we may conduct competitions on the Website. Those competitions and your entry into them will be governed by separate competition rules (the main ones are here).

None of the Products, services, or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products, services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.

We have done our best to ensure that the Website complies with the laws of England and Wales. However, we make no representations that the Products, services, and content on the Website are appropriate or available for use outside England and Wales.

If you are visiting the Website from a location outside England and Wales, you are responsible for compliance with all applicable laws. If use of the Website, or use of any Products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately.

If making any of our Products available in your jurisdiction or to you is prohibited, those Products are not offered for sale to you. You accept that if you live outside England & Wales, you must satisfy yourself that you are lawfully able to access and/or purchase or use our Products.

How We will Communicate with You info@fitflop.com. We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address, or three days after the date of posting of any letter.

When using the 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 the Website. By using the Website you agree to this means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

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) constitute the entire agreement between us and you in relation to use of the 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.

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 Notices section of these terms and conditions. A waiver by us of any default shall not constitute a waiver of any other default.

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 allowed by law.

The terms and conditions, as well as any contract in respect of a transaction carried out through the Website 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.

Delivery charges will be displayed on the order page before payment is requested. The time frames shown for delivery are subject to availability and are not guaranteed.

Delivery can be made to the majority of UK addresses excluding P.O. Boxes. Unfortunately at this time we cannot take orders for delivery to British Forces Post Offices (BFPO), Freight Forwarders, International addresses.

The following area postcodes have extended delivery lead times as shown:

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

Once delivered and paid for in full, the Product(s) ordered will become your property and your responsibility and, 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 delivery.

We strongly advise you to thoroughly check your Products upon receipt. Please read through and sign the "Proof of Delivery" (POD) as this will protect your interests regarding any claim concerning short delivery and/or damaged and/or defective goods found on delivery, or concerning damaged or defective goods found at a later date. We do not accept any claims for damage caused by you.

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 replacement delivery day.

In addition to your right to cancel, you may return Products for any reason within 28 days of the dispatch date. This is in addition to your legal rights as a consumer.

If you wish to return any Products, please package them well to prevent any damage during transport and send the parcel back to the return address shown on the paperwork included with your delivery. If for any reason you cannot find the return address, please use the following address:

Please ensure that you complete the returns note on the reverse of your dispatch note and include it inside your package. We recommend that you use a ‘signed for’ delivery method and obtain proof of postage. Unfortunately, items purchased from the Website may not be returned via any of our retailer partners, as selections and styles vary from retailer to retailer.

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.

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@fitflop.com or on 0207 751 3694.

You must obtain a receipt for your return package at the Post Office counter, which can be used to track the Product(s) you are returning. Unfortunately we cannot accept liability for returned goods that we don’t receive, or for those that get damaged in shipping on their return.

Please Look After the Products

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

In all cases, except where an item is faulty or where you have cancelled your order in accordance with the Cancellation section, the item(s) returned must be in their original and saleable condition without having been worn outdoors. This includes all packaging and labelling.

All Products will be inspected on return.

Returned Products are your responsibility until they reach our warehouse, so make sure you package them up well to prevent any damage or lost shoes during shipping.

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.

If you cancel an order in accordance with the Cancellation section we will refund the price paid (including the amount of the minimum delivery charge) to the original payment method within 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 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.

Items purchased may not be returned via any of our retailer partners.

In the UK you have the legal right to cancel your order within 14 days following your receipt of the goods. Refunds for orders cancelled under the provisions of the Consumer Contracts Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau).

If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:

You have the right to cancel your contract with us at any time before the expiry of 14 days from the date of receipt of the products, providing the product are returned unworn, unmarked and in a resalable condition (i.e. in original form). You will receive a full refund of the purchase price (and the amount of the basic delivery charge). This is not intended to be a full statement of all your rights under the Consumer Contracts Regulations. Full details of your rights under the Consumer Contracts Regulations are available from your local Citizens' Advice Bureau or your Local Authority's Trading Standards Office.

If you wish to cancel an order before it has been sent, please call the Customer Service team on 0800 8560 148 within a very short period of time after the order has been placed. Our team is available between 09:00 and 17:30 Monday to Friday. In addition, under the Consumer Contracts Regulations you have 14 days following your receipt of the goods to cancel your order with us. If you decide to cancel your order, you must let us know in writing as soon as possible (please contact: FitFlop Ltd, Customer Service Department, The Point, 210 New Kings Road, London SW6 5NZ) or via email (to: cancellations@fitflop.com), quoting your order number. Please contact our Customer Service Department on 0207 751 3694 for further assistance.

If you choose to exercise you right to cancel, you will need to return the entire order at your cost (although if we offer free returns on the order then you can use this to return it). We try to ship all orders within 48 hours of receipt, so if you do change your mind, make sure you notify us as soon as possible.

In all cases goods must be in their original condition and will be inspected on arrival. Should we ship out but not receive a cancelled order back, we reserve the right to have it collected at your cost.

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.

The following terms (“Contest Terms”) apply to our promotions, contests, prize draws or competitions (”Contest“) and operate in addition to any specific rules or provisions (“Contest Rules”) notified to you

in respect of each Contest. In the event of a conflict between Contest Rules and the Contest Terms, the Contest Rules shall prevail.

These standards apply to all and part of any Contribution (as defined in the Content Provided by You section of the terms and conditions) you make. Please note that we reserve the right not to publish any particular Contribution on the Website.

Contributions must:

Be accurate

· Where they state opinions, be genuinely held

Contributions must not:

· Contain anything defamatory, obscene, offensive, hateful, threatening, or inflammatory

· Contain or promote sexually explicit material or violence

· Be used for deception, or to mislead as to your identity or affiliations

· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

· Infringe anyone else’s copyright, trademark, or other intellectual property rights

· Promote or suggest anything unlawful, including copyright infringement or computer misuse

· Be made in breach of any legal duty, including a contractual duty or duty of confidence

· Be likely to harass, upset, embarrass, alarm, or annoy another person

· Give the impression that they come from us when they do not

By making a Contribution:

· you agree that we have the right, at our discretion, to use, copy, distribute, edit, publish, and disclose to third parties your Contribution (including your name and town, if given) for any purpose, including for advertising and promotional purposes, on or off our products, worldwide, for the duration of any copyright subsisting in your Contribution, without payment of any fee, royalty, or other compensation

· to the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world

· you warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights

· you acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution)

· you agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us

· subject always to our Limitation of Liability Statement, you release us from any and all claims, liabilities, or damages arising from our use of the Contribution (including in relation to privacy and image rights)

· Your Contribution will 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 is a violation of their intellectual property rights or other legal rights.

If you open an account with us, please ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.

If you are given a username, 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 anyone else. 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 the 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 username or password at any time if we believe you have failed to comply with these terms and conditions

You may only use the Website for lawful purposes.

You may not use the Website:

in any way that breaches any law or regulation in any way that is fraudulent

· for the purpose of harming or attempting to harm children or minors in any way

· to send, receive, or use any material which does not comply with our content standards

· to transmit, or procure the transmission of, any unsolicited or unauthorised promotional material or similar (e.g. spam).

Where we provide links to other websites or resources, you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).

We shall have no liability whatsoever for any loss, offence or damage resulting in connection with your use of any external linked website or resources, including in respect of any reliance placed by you on any comments, representations, advertising materials, products, or services.

If you wish to link to the Website, please contact info@fitflop.com.

You must not attempt to interfere with the proper working of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device. You must not transmit any material containing viruses, Trojans, worms, spyware, adware, or any other harmful programs or code.

Anyone misusing the Website in this way may be committing a criminal offence and 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. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.

We may from time to time provide interactive services on the Website, including forums and user comment areas (‘Interactive Services’).

We have no obligation to monitor or moderate any Interactive Service. In particular, we will have no liability to you for any loss or damage incurred by using or relying on any Interactive Service in breach of these terms and conditions.

When we think that a breach of this Policy has occurred, we may take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.

By submitting a Contribution or using this Website, you warrant that you are in compliance with the standards set out in this policy, and that you will compensate us for any losses we suffer in the event of a breach of this warranty.

FitFlop Limited is the company responsible for your personal data (the “data controller”).

We have a privacy team which is responsible for personal data. If you have any questions or if you wish to exercise your legal rights please contact us using the details below:

Email address: info.uk@fitflop.com

Postal address: FitFlop Limited, 210 New Kings Road, London SW6 4NZ, United Kingdom. Attention: Data Privacy Team

This version was last updated on 8 January 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 other means such as email.

We may collect, use, store and/or transfer different kinds of personal data about you:

• Identity data: includes name, title, date of birth and gender
• Contact data: includes billing address, delivery address, email address and phone numbers
• Financial data: includes bank account and payment card details
• Transaction data: includes details about your order history and payments
• Technical data: includes IP address browser, time zone setting, computer location, data on the connection of you to the Website, and operating system
• Usage Data: includes information about how you use our website, products and services
• Marketing and Communications Data: includes your preferences in receiving marketing from us

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 methods to collect data from and about you including through:

• Direct interactions: you may give us your Identity, Contact and Financial Data by filling in forms or corresponding with us. This includes information you provide when you:
  • Search for or purchase a Product
  • Register to receive marketing
  • Participate in competitions, reviews, feedback, contests, promotions or other social functions
  • Create an account
  • Contact us
• Automated interactions: as you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
• Third parties: we may receive personal data about you from various third parties as set out below:
  • Analytics providers based inside the EU or UK
  • Advertising networks based inside and outside the EU or UK
  • Search information providers based inside the EU or UK
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the EU or UK.
  • Identity and Contact Data from data brokers or aggregators based inside the EU or UK
  • Digital customer experience delivery providers based inside or outside the EU or UK
  • Affiliate network publishers (such as partners who run competitions for us) based inside or outside the EU or UK
  • Social media providers based inside the EU or UK.

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:

• Where we need to perform a contract with you.
• Where it is necessary for us to run our business (our "legitimate interests").
• Where we need to comply with a legal obligation.
• Where you consent to us doing so. You have the right to withdraw your consent at any time by emailing info.uk@fitflop.com.

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 we are relying on to process your personal data.

We try to give you choices around marketing and advertising. You can stop receiving these messages at any time by following the unsubscribe link in a promotional email, or by e-mailing us at info.uk@fitflop.com.

When you opt out of receiving these messages, this will not apply to personal data provided because of a product purchase. Bear in mind it might take a few days while we process your request.

We use cookies on our website. You can find our Cookies Policy 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:

• Companies in the FitFlop group: Sometimes different companies in our group are responsible for different activities
• IT service providers and web developers: These help us run our business
• Payment processors: These provide payment services
• Customs, regulators, fraud prevention, law enforcement agencies and other governmental authorities: These help protect you and our business
• Shipping and warehousing providers: These get your purchases to you
• Customer service agencies: These help us monitor and improve our website, online experience, products or services
• Promotional service providers: These provide promotional services
• Professional advisers including lawyers, bankers, auditors, and insurers based: These provide consultancy, banking, legal, insurance and accounting services
• Companies approved by you: These include social media sites
• Other third parties: These include third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

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 13, 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 13 without parental or guardian consent, we will delete that information.

If you are under 18 but over 13, please make sure you ask your parents or guardians for permission before sending any information to us.

We share your personal data within the FitFlop group of companies. This sometimes involves sharing your data outside the European Economic Area (EEA). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

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:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

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:

• Request access to your personal data
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Withdraw consent
• Complain to your regulator – in the UK, the Information Commissioner's Office

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 info.uk@fitflop.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.

We want everyone who uses the Website to have a positive and safe online experience – in this section we set out the terms under which you may access the Website and use the services and resources we provide on it. We ask that you comply with the spirit of these terms as well as the letter.

These standards apply to all and part of any Contribution (as defined in the Content Provided by You section of the terms and conditions) you make. Please note that we reserve the right not to publish any particular Contribution on the Website.

Contributions must:

Be accurate

· Where they state opinions, be genuinely held

Contributions must not:

· Contain anything defamatory, obscene, offensive, hateful, threatening, or inflammatory

· Contain or promote sexually explicit material or violence

· Be used for deception, or to mislead as to your identity or affiliations

· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

· Infringe anyone else’s copyright, trademark, or other intellectual property rights

· Promote or suggest anything unlawful, including copyright infringement or computer misuse

· Be made in breach of any legal duty, including a contractual duty or duty of confidence

· Be likely to harass, upset, embarrass, alarm, or annoy another person

· Give the impression that they come from us when they do not

You may only use the Website for lawful purposes.

You may not use the Website:

in any way that breaches any law or regulation in any way that is fraudulent

· for the purpose of harming or attempting to harm children or minors in any way

· to send, receive, or use any material which does not comply with our content standards

· to transmit, or procure the transmission of, any unsolicited or unauthorised promotional material or similar (e.g. spam).

 By making a Contribution:

1. you agree that we have the right, at our discretion, to use, copy, distribute, edit, publish, and disclose to third parties your Contribution (including your name and town, if given) for any purpose, including for advertising and promotional purposes, on or off our products, worldwide, for the duration of any copyright subsisting in your Contribution, without payment of any fee, royalty, or other compensation

2. to the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world

3. you warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights

4. you acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution)

5. you agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us

6. subject always to our Limitation of Liability Statement, you release us from any and all claims, liabilities, or damages arising from our use of the Contribution (including in relation to privacy and image rights)

7. Your Contribution will 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 is a violation of their intellectual property rights or other legal rights.

If you open an account with us, please ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.

If you are given a username, 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 anyone else. 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 the 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 username or password at any time if we believe you have failed to comply with these terms and conditions

Where we provide links to other websites or resources, you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).

We shall have no liability whatsoever for any loss, offence or damage resulting in connection with your use of any external linked website or resources, including in respect of any reliance placed by you on any comments, representations, advertising materials, products, or services.

If you wish to link to the Website, please contact info@fitflop.com.

You must not attempt to interfere with the proper working of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device. You must not transmit any material containing viruses, Trojans, worms, spyware, adware, or any other harmful programs or code.

Anyone misusing the Website in this way may be committing a criminal offence and 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. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.

We may from time to time provide interactive services on the Website, including forums and user comment areas (‘Interactive Services’).

We have no obligation to monitor or moderate any Interactive Service. In particular, we will have no liability to you for any loss or damage incurred by using or relying on any Interactive Service in breach of these terms and conditions.

When we think that a breach of this Policy has occurred, we may take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.

By submitting a Contribution or using this Website, you warrant that you are in compliance with the standards set out in this policy, and that you will compensate us for any losses we suffer in the event of a breach of this warranty.

This section sets out the conditions under which we will supply Products to you through the Website.

Although we do our best to ensure that all material and information published on the Website is accurate, all Products are subject to availability. 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.

To place an order through the Website, you warrant that you are at least 18 years old, legally capable of entering into binding contracts, and resident in the UK. We do not accept orders on this Website from people outside the UK.

You can check and correct your order at any point up until you have clicked the ‘Place Order’ button on the payment and delivery page. Details of your order history will be available through your ‘My Account’ page.

The contract between us shall be concluded in English. If these terms and conditions (or any part of them) are made available in languages other than English, the English language version shall take priority.

You are required to provide us with your email address when placing an order (or when registering an account with us). We will notify you by email as soon as possible to confirm that we have received your order. Please note that all orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an e-mail confirmation that the Product has been dispatched (‘Dispatch Confirmation’). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. The contract between us (‘Contract’) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

During the checkout process, you will be asked to complete your payment details. All fields shown 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 it in accordance with our Privacy Policy.

The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. These prices include VAT and any other applicable 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 United Kingdom.

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.

We may from time to time offer promotional discount codes (either directly or via third parties) which will apply to 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. Codes must be correctly entered at the checkout to be valid.

Only one discount code may be used per order. Discount codes may not be used against delivery prices or gift vouchers unless otherwise stated.

You can pay by MasterCard, Visa credit, Visa debit, Visa Electron, JCB, Maestro, Solo and PayPal. In placing your order with a credit or 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 may 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.

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 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 any Products that are the subject of an unpaid order.

Very occasionally we may need to cancel an order at our discretion. If this becomes necessary, it will be without charge to you.

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

In this section we set out what we are and are not liable to you for in the provision of the Website and our Products. This section applies to all our terms and conditions.

The terms in this section apply only to the extent allowed by law and do not affect your statutory rights as a consumer. Nothing in these terms and conditions 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.

We will not be responsible or liable to you for any damage caused by any Contribution, or the loss of any Contribution. You agree to fully compensate us and our employees, agents, and suppliers for all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of any Contribution, or any non-compliance with or breach of these terms and conditions by you, or any other liabilities arising out of your use of the Website, or the use of the 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 the 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 third party content accessed on or through 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 the Website are not intended to constitute advice upon which any reliance should be placed. To the fullest extent permitted by law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

The Products offered or promoted on the Website are not medical products or medical devices, and may produce different results for different users. Notwithstanding any third party content or promotional or marketing material, the Products should be used by you as directed (and subject to such precautions as notified) to you from time to time by us, whether through the Website or otherwise.

We warrant to you that any Product purchased from us through the 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 any right to cancel.

We will not be responsible for any losses you suffer as a result of us breaching these terms and conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, or when the contract for the sale of Products by us to you was formed. However, to the extent allowed by law, where any claim relates to the supply of Products by us to you, our liability for losses you suffer is limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, including for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

To the fullest extent permissible by applicable laws, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:

(a) loss of income or revenue 

(b) loss of business 

(c) loss of profits or contracts 

(d) loss of anticipated savings 

(e) loss of data 

(f) loss of data, or 

(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We accept no liability, to the extent allowed by law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of our Products by persons in jurisdictions outside the United Kingdom or who are nominees of or trustees for citizens, residents or nationals of other countries.

We exclude liability for actions taken in response to breaches of our Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the 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.

In this section we set out the terms relating to our intellectual property, and your use of and interaction with it.

We are the owner and/or licensee of the ‘FitFlop’ and ‘FF2’ trade and brand names, trade marks, related marks, and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as ‘Copyright Material’), is owned by or licensed to us or one of our group companies.

By accessing the Website, you acknowledge and agree that all Copyright Material shall at all times remain our property and/or shall at all times be vested in us or our related entities or third party licensors.

You are permitted to access and use the Copyright Material on the Website for your own personal and non-commercial use and for placing orders for Products with us. However, you may not modify, copy, reproduce, upload, or distribute, by any means, any material or information on or downloaded from the Website without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.

Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.

The Website may incorporate third party content and we may be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.

If you are seeking permission to use any Copyright 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 set out in such grant and you may be required to enter into a licence or other agreement prior to use of such Copyright Materials.

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