TERMS & CONDITIONS AND PRIVACY POLICY

These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any of them, may be modified, amended, supplemented or terminated by us without notice at any time for any reason. The provisions relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. If you do not agree to or accept any change to our Website, (including any applicable Terms and Conditions), please stop using our Website. If you place an order for Products through our Website, you will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

As more fully set forth in our Limitation of Liability Statement, our Website is an online service and is provided on an ‘as is’ basis. Except as explicitly set forth in our Limitation of Liability Statement, Fitflop makes no representations, warranties or conditions of any kind with respect to our Website or its contents and disclaims all such representations, warranties and conditions. The content contained in our Website is subject to change from time to time without further notice. Please note that our Website is available only to entities, persons or individuals that can form legally binding contracts under applicable law.

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

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 otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use. Information, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. In particular, third party testimonials posted on our Website may not be monitored/pre-approved by us and may contain inaccuracies. In accordance with our Limitation of Liability Statement , we therefore disclaim liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

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

All trademarks, service marks and trade names of FITFLOP used in the Website (including but not limited to the FITFLOP name) are trademarks or registered trademarks of FITFLOP USA LLC or its affiliates or their licensors. They may not be used without our prior written permission. The entire content included in the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of FITFLOP (the “Copyright Materials”). The collective work includes works that are licensed to FITFLOP USA LLC and/or its affiliates. Copyright 2011, FITFLOP. ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with the Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the Website or to purchase Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of FITFLOP.com is strictly prohibited, unless authorized by FITFLOP USA LLC. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Website. Any other intellectual property on the Website, including but not limited to patents, issued or pending, are the sole property of FITFLOP USA LLC or its affiliates or their licensors.

For further information, see our Intellectual Property Policy.

While every effort is made to ensure that our Website is accurate and up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website, except to the extent, if any, explicitly set forth in our Limitation of Liability Statement.

We process information about you in accordance with our Privacy Policy . By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

All material, including, but not limited to, reviews, feedback, stories, testimonials, photographs, artwork and images, which you contribute to our Website (“Contribution”) and any interactive services associated with it is subject to our Acceptable Use Policy. By using our Website and making any Contribution, you agree to be bound by these Terms and Conditions and, in particular, by our Intellectual Property Policy.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through our Website as more fully described in our Acceptable Use Policy.

Contracts for the supply of goods formed through our Website, or as a result of visits made to our Website by you, are governed by these Terms and Conditions and, in particular, by our Conditions of Supply . By placing any order for any of our Products, you agree to be bound by these Terms and Conditions (including, in particular, our Conditions of Supply ).

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

We shall be liable to you in respect of the use of our Website and any of the materials, information, content, Products and services on it only insofar as is stated in these Terms and Conditions. In particular, our liability to you shall be limited in accordance with our Limitation of Liability Statement.

If any of these Terms and Conditions, or any provisions of a contract concluded under these Terms and Conditions, are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by applicable law.

Unless otherwise stated in these Terms and Conditions, all notices given by you to us must be given to FITFLOP USA LLC at INFO.US@FITFLOP.COM. We may give notice to you by posting it on the Website or at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Any contract between you and us concluded under these Terms and Conditions, including a contract for the sale of Products to you, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any such contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions, including any contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event may include for example (but without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

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 endeavors 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 our Website and/or supply any of the services or any of the Products to you and supersedes all previous agreements written or oral in respect of the same.

If we fail, at any time during the term of any contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices section of these Terms and Conditions.

Your use of this Website shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to New York Uniform Commercial Code Section 1-101 et. seq. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Products) shall be in the state or federal courts located in New York County, New York USA. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Products) must be commenced within one (1) year after the claim or cause of action arises. Fit Flop's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. FITFLOP may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

At this time, we cannot ship or bill orders outside of the United States, or accept credit cards issued from a bank outside of the United States.

Customers are responsible for any applicable duties and taxes levied on the delivery of their orders and, except as set forth in the Terms and Conditions, for all charges related to returning or exchanging Products.

UPS Ground Service $5.95

Customers can typically expect delivery within 2-5 business days after the order is processed, pending credit card approval.

HI and AK customers please allow for additional delivery time when choosing this method of shipping.UPS is our preferred method for HI and AK customers.

2-Day UPS Air Service ($15.95)

Customers can expect delivery in 2 business days on orders placed prior to 3pm EST Monday - Friday, pending credit card approval. Orders placed after 3pm EST will ship the following business day.

UPS is our preferred method for HI and AK customers.

Next Day Air UPS service ($38.95)

Customers can expect next business day delivery for orders placed prior to 3pm EST Monday - Friday, pending credit card approval. Orders placed after 3pm EST will ship the following business day.

Additional Notes:

Business days are M - F. Holidays are excluded.

We (or the shipping company delivering your Product) will make available to you notifications to keep you up-to-date on the location of your package. Once you place an order, you will receive an order confirmation message. We’ll also send a notification once your order leaves our warehouse.

 

Products purchased on our Website may be returned unless the Product is marked "Final Sale".

If you wish to return a Product purchased on our website, please follow the return instructions provided on the paperwork included with your parcel. You can RETURN any eligible items that you've ordered online from FITFLOP.COM WITHIN [28] days of the shipment.

Products in our SALE (clearly identified on our website) can be returned to the warehouse up to 28 days from the date of purchase using the prepaid UPS label that comes with your package. Please note that using the included prepaid return label will deduct $6.39 from your refund.

Some of the marked-down products on website are offered on a FINAL SALE basis. FINAL SALE items cannot be returned or exchanged unless the wrong product has been sent. ALL FINAL SALE products are clearly labelled on our website and no returns paperwork will be included your parcel.

Please COMPLETE the RETURN FORM on the reverse of your receipt and include it inside your package.

You should obtain a receipt for your return package from USPS, which can be used to track the item(s) you are returning, should for some reason they not arrive at our warehouse. We unfortunately cannot accept liability for returned goods that we don’t receive, or for those that get damaged in shipping on their return.

In all cases, except where an item is faulty, the item(s) returned must be in their original and saleable condition without having been worn outdoors. This includes all packaging and labelling. (If you’re trying them on for fit, may we suggest you stay inside while you walk around in them?)

All footwear will be inspected on return.

Goods 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.

The initial SHIPPING & HANDLING charge incurred in ordering the Product(s) being returned IS NON-REFUNDABLE (unless otherwise stated).

PLEASE indicate the REASON FOR RETURN 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.

We process refunds for Products within 14 days of receipt, and will notify you by email when your return has been processed.

In the odd instance that items have been shipped to you that do not conform to your original order, we will refund your both your shipping & handling charge incurred in ordering the Product(s) being returned and return postage. Please use the USPS returns label provided on your receipt (retaining your proof of postage for reimbursement).

Sorry, but items purchased from FITFLOP.com 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 service, customer services will be able to assist at INFO.US@FITFLOP.COM or on 877-861-1988. Please send all returns to the following address:

If you wish to cancel an order before it has been sent, please call the Customer Service team on 877 861 1988 within a very short period of time after the order has been placed. Our team is available between 8:30am-6:00pm (EST) Monday to Friday.

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.

Last modified: 17 May 2019

FitFlop USA LLC (“We”) are committed to protecting and respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information or other personal information you share with us including any information about you or by which you can be identified, such as your name, address, telephone number, photographs, credit card information, birth date, gender, occupation, personal interests, etc, (”Personal Information”)

This policy sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be processed by us. This policy applies to information we collect:

• On this Website, 
• in email, text, and other electronic messages between you and this Website
• when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by us offline, or collected by any third party.

Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.

When you buy Products and services from our Website, our Website may record your details to ensure that we comply with legal and contractual requirements, or are able to contact you, resolve any queries and process your orders to completion. We may also need to activate any urgent Product recalls or provide information to you urgently.

This data and Personal Information will not be used to send marketing offers or shared with any other business other than those identified in our Terms and Conditions or this Privacy Policy.

We will only use your Personal Information as is required to provide, sell or supply Products or the relevant services and any additional services that may be reflected in our Website (”Services”), or as permitted by data protection law, or for any other purposes as requested by or agreed with you.

The Services will include collecting relevant payment and complying with your order, providing you with emails which you have elected to receive following access or purchase of Products or subscription to the services, keeping you informed by email of any additional services, promotion or Products and/or services similar to those subscribed or purchased by you, and complying with our legal requirements. The Personal Information we collect and its use is further detailed below.

Where you have consented to receive emails or you have subscribed to our Website or in respect of any services, if you do not want to be contacted in the future about any promotional or marketing offers, please let us know by sending an email to INFO.US@FITFLOP.COM and we will stop sending you any promotional emails.

If you have contacted us or submitted queries via email, we will use the information solely to respond to these emails and in relation to the Products or services.

We collect several types of information from and about our Website users. This includes information:

• 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

In particular, FitFlop’s ecommerce website has collected the following categories of personal information from its consumers within the last twelve (12) months:

 

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	No
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	Yes
G. Geolocation data.	Physical location or movements.	No
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No
I. Professional or employment-related information.	Current or past job history or performance evaluations.	No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No

 

We collect this:

• directly, when you send it to us;
• automatically, when you navigate our Website (eg IP addresses, cookies);
• from third parties, such as:

• Analytics providers
• Advertising networks
• Search information providers
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services
• Identity and Contact Data from data brokers or aggregators
• Digital customer experience delivery providers
• Affiliate network publishers (such as partners who run competitions for us)
• Social media providers. We allow you to sign up and log in to FitFlop.com using your Facebook account. If you choose to do so, we will collect, store and use any information we receive from Facebook in accordance with this privacy policy. We may receive your email address, gender, birthday and age range from your Facebook profile. We may use this information to enable you to log in to our website, personalise our website for you and to make recommendations for you. We will ask your permission to do so, andyou can stop sharing this information with us by removing our access to your Facebook account.

We have provided some more detail below:

There may be times when we ask you to fill in a form on our Website (such as when you purchase or order a Product, subscribe to service, register to receive catalogues, or to participate in competitions, user reviews, contests, or promotions, etc). This might include certain information about yourself such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc.

If you contact us, we may keep a record of that correspondence.

We also maintain a record of your online Product purchases. Whether or not to provide such information is completely your own choice. But if you choose not to provide this information we request, you may be unable to purchase Products, or access certain services, offers and content on our website.

As you navigate through and interact with our Website, automatic data collection technologies collect certain information about your device, browsing actions and patterns. This information may include personal information (or it may be matched with personal information collected in other ways). We do this to deliver a better and more personalised service for you. The technologies we use to do this may include cookies, Flash Cookies and Web Beacons. Our web server also automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We may track the Internet domain address from which people visit us and analyze this data for trends and statistics.

We may also collect, and our third party providers of advertisements and content may collect certain user information such as information relating to computer location, URL and IP address and domains, your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website.

You should be aware that as our Website is being monitored, we may collect this information even if you do not register with us and may capture information about your visit that will help us improve the quality of our service.

When you shop on our Website, we will ask you to input and will collect Personal Information from you. We will treat all your Personal Information as confidential and will keep it on a secure server. We reserve the right to disclose the Personal Information in the circumstances set out in this Privacy Policy.

When you use our Website, purchase Products, register and subscribe for our services (or as otherwise required), you may have to complete a subscription process including a registration form and provide Personal Information.

We gather this Personal Information to allow us to process your registration, process any requests or payments you may make, administer your contract or relationship with us. We also collect the Personal Information in order to grant you access to the online Services, monitor your usage of our site and Services, and/or participation in online activities including reviews, testimonials or endorsements. The information is also collected for such other uses as are expressly set out in this Privacy Policy, whether in connection with our Website, our Products or services or our business.

 

We use information held about you in the following ways:

(a) to ensure that content from our site is presented in the most effective manner for you and for your computer.

(b) to provide you with information, Products or services that you request from us.

(c) to carry out our obligations arising from any contracts entered into between you and us, process your requests, purchases, transactions, and payments and prevent transactional fraud.].

(d) to allow you to participate in interactive features of our service, when you choose to do so.

(e) to notify you about changes to our service or your account.

(f) to provide, support, personalize, and develop our Website, products, and services, and for testing, research and analysis.

(g) To create, maintain, customize, and secure your account with us.

(h) To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

(i) to personalize your experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

(j) to help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

(k) to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

(l) in other ways we may describe when you provide the information.

(m) for any other purpose with your consent.

We may disclose personal information that we collect or you provide:

•  to our subsidiaries or affiliates;
•  to third party companies, sub-contractors, service providers, agents or other persons to provide certain services including credit card processing, shipping, data management, web development, promotional services, etc (”Service Providers”). We call them our Service Providers and we shall be entitled to provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FitFlop's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FitFlop about our Website users is among the assets transferred;
• to our customer service agencies for research and analysis purposes so that we can monitor and improve our Website, online experience, Products or services (or as the case may be) we provide. We or our Service Providers may contact you by post, e-mail or telephone (or as required) to ask you for your feedback and comments on our Website, Products or services;
•  to fulfil the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information;
• with your consent;
•  to comply with a court order, law or legal process, to respond to a government request, to enforce our terms and agreements, or if we believe disclosure is necessary or appropriate to protect FitFlop’s rights, property or the safety of our customers or others.

In the preceding 12 months, FitFlop has disclosed the following categories of personal information for a business purpose: Category A (Identifiers), Category B (California Customer Records personal information categories), Category D (Commercial Information) and Category F (Internet or other similar network activity).

In the preceding twelve (12) months, FitFlop has not sold personal information.

Your e-mail information is not shared with other organizations for commercial purposes. We do not partner with or have special relationships with any ad server companies. We may use aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop our Website and our services or Products and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

We strive to provide you with choices regarding your personal information. You can take the following control over your information:

• Tracking technologies: you can set your internet browser to refuse all or some cookies. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional offers from FitFlop: if you do not wish to have your email address or contact information used to promote our products, you can opt out by (i) checking the relevant box located on the form where we collect your data or (ii) updating your account information. If we have sent you a promotional email or mobile message, you can unsubscribe at any time by following the instructions in the messages your receive, or by contacting FitFlop.

When you access certain pages of our Website, purchase Products or register for competitions or other service, you will be given the opportunity to receive information from by post, e-mail or telephone, about Products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you check the appropriate box as you go through the registration or other process

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative on the NAI's website.

When entering any of our contests or prize draws, you will have to provide your name, email address and mailing address and if you win, we will send the prize to the contact address or details provided.

As part of entry into a prize draw, competition, contest or other promotion on our Website, you may also be included in our FITFLOP newsletter or subscription list to receive notice of or information on new or updated Products, marketing materials, promotions, specials and new additions to our Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

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 may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us:

(a) to estimate our audience size and usage pattern;

(b) to store information about your preferences, and so allow us to customise our Website according to your individual interests;

(c) to speed up your searches; and

(d) to recognise you when you return to our Website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website.

Please note that our advertisers may also use cookies, over which we have no control.

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. No one under the age of 16 may provide any personal information to our Website or receive any services on FITFLOP Website.

If we become aware that we have collected Personal Information from a child under the age of 16 without parental or guardian consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 16, please contact us at info.us@fitflop.com.

We employ industry-standard security measures to protect the loss, misuse, and alteration of the information under our control. In addition, we utilize a licensed system for credit card authorization and fraud detection. We use industry standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal information.

 

Although we make good faith efforts to store information collected by us in a secure operating environment, we cannot guarantee complete security. Information collected by FITFLOP will be maintained for a length of time appropriate to our needs.

 

If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see “Last modified” at the top of this policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. If we make material changes to how we use personal information, we will notify you by email and/or through a notice on our home page.

 

You agree that you do not object to us contacting you for any of the purposes of processing your orders, statistical or survey purposes to improve our Website and its services to you, provision of website content and advertisements to you, administration of our Website and where you consent, to notify you of Products or special offers that may be of interest to you. You consent to such contact whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under any applicable law, rule, regulation, order or similar act of a governmental body.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info.us@fitflop.com.

 

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.

You can review and change your information by logging into your account profile.

You can also contact us on info.us@fitflop.com to request access to, correct or delete certain of your personal information.

In order to protect your privacy, we take steps to verify your identity before granting you access to your private information or enabling you to make corrections. We will accomplish this through the use of passwords and personal data.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

From January 1, 2020, you can exercise the below rights by contacting us on info.us@fitflop.com or via phone on 877 861 1988, Mon-Fri: 8:30am-6:00pm. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

1.      Access to Specific Information and Data Portability

You have the right to request that FitFlop disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

2.       Data Deletion Requests

You have the right to request that FitFlop delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Non Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

This policy sets out certain terms between you and us under which you may access our Website and use it as a shopping resource or participate in or use the services or resources provided.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any of your Contribution as well as to its whole.

Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); comply with applicable law in the USA and in any country from which they are posted; Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material or promote violence; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; give the impression that they emanate from us, if this is not the case.

You may use our Website only for lawful purposes.

You may not use our Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors 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 this document or the provisions of 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 (spam).

You warrant that your Contribution complies with the Terms and Conditions of our Website and indemnify us for any breach of this warranty.

If you are making a Contribution, please note that we reserve the right not to publish your Contribution on our Website (We will not post swears, spam or other unsuitable content).

By making a Contribution:

1. you agree that we have the right to use, copy, distribute, edit, shorten, publish and disclose to third parties your Contribution for any purpose, including but not limited to for advertising and promotional purposes in our information and/or marketing materials;

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

3. you are agreeing and acknowledging that our use of the Contribution will not constitute infringement of any of your rights, including, without limitation, copyright, defamation, privacy, publicity rights, or those rights of any third party;

4.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; and

5. you release us from any and all claims, liabilities, responsibilities, or damages arising from using, copying, distributing, editing, shortening, publishing, disclosing and/or transmitting the Contribution.

Your Contribution shall be considered non-confidential and non-proprietary. We have the right to disclose to any third party which is claiming that any Contribution to our Website constitutes a violation of their intellectual property rights

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

If you choose, or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to accept responsibility for all activities that occur under your account or password.

You should inform us immediately if you have any reason to believe that your password or any other breach of security regarding our Website that comes to your attention has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have hailed to comply with the provisions of the Terms and Conditions of our Website.

Users of our Website may have access to other sites in order to provide information, access to Products or value to users. Where we provide such links to other websites or resources, we do so for you to access at your sole discretion.

We do not accept any responsibility for the content of any external websites which we link to or which may link to our Website. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites.

Accordingly, you acknowledge and agree that access to any external or linked websites shall be at your sole risk. By accessing such external linked websites, you accept and undertake to us that you have chosen to enter website at your sole discretion and risk. You accept and acknowledge that we shall do not directly or indirectly recommend or endorse the contents of such websites. We shall not under any circumstances be responsible for the availability of such external sites or resources.

By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content. We shall have no liability whatsoever for any loss, offence or damage suffered or resulting from any use of such sites or in connection with your use of any external linked website, including in respect of any reliance placed by you on any comments, representations, marketing or advertising materials, Products, services or other materials. If you wish to link to our Website, please contact INFO.US@FITFLOP.COM.

You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

You must not knowingly transmit any data send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Anyone misusing our Website by knowingly introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful, or attacking our Website via a denial-of-service attack or a distributed denial-of service attack, or attempting to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to any Website may be committing a criminal offense. We will report this to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the entrant’s identity to them. In addition, such an entrant breaches civil law and we reserve the right to seek damages and costs (including but not limited to, legal fees) from any such person to the fullest extent permitted by law.

We may from time to time provide interactive services on our Website, including, without limitation: chat rooms; bulletin boards; user comment functionalities; Product or service review facilities; and any other interactive services on our Website (“Interactive Services”).

We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.

Our site is only intended for use by people resident in the USA. We do not accept orders from individuals outside the USA.

Products listed on our Website 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.

By placing an order through our Website, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(c) You are resident in the USA;

(d) You are accessing our site from the USA.

You can check and correct any input errors in your order up until clicking the “Place Order” button on the payment and delivery page.

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order for the Product has been fulfilled (“Sale 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 Sale Confirmation.

The Contract will relate only to those Products whose fulfillment we have confirmed in the Sale 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 Sale Confirmation.

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

In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, FITFLOP shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. FITFLOP shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, FITFLOP shall issue a credit to your credit card account in the amount of the incorrect price.

Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.

You can pay by MasterCard, Visa, American Express and PayPal. In placing your order with a credit/debit card you confirm that the card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products or services. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Your credit /debit card will be charged when we fulfill your order from our warehouse.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before order fulfillment. If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within thirty (30) days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Products that are the subject of an unpaid order.

You may return any Products purchased from our Website in accordance with the terms set out in our Delivery and Returns Policy.

We reserve the right to cancel orders at our discretion. If we cancel an order, it will be without charge to you.

EXCEPT AS EXPLICITLY SET FORTH HEREIN REGARDING PRODUCTS, THE WEBSITE AND THE PRODUCTS PURCHASED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITFLOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FITFLOP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FITFLOP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITFLOP AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY (A) DIRECT DAMAGES IN EXCESS OF THE FEES PAID OR PAYABLE BY YOU TO FITFLOP WITH RESPECT TO THE TRANSACTION GIVING RISE TO THIS LIMITATION OF LIABILITY OR (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THESE LIMITATIONS SHALL APPLY TO ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT, INDEMNITY OR OTHERWISE.

We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

We do not and cannot review all communications and materials posted to or created by shoppers and customers accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, if any, the Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on the Website. You may not post or otherwise distribute content to the Website which FITFLOP in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of FITFLOP or another party, illegal, or otherwise objectionable to FITFLOP. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

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

We 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 our Website and is compatible with our Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

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

You are permitted to access and use the Copyright Materials on our Website for your own personal reference and non-commercial use and for placing an order with us. However, you may not: modify; copy; reproduce; republish; upload; post; transmit; or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to: text; graphics; video; messages; code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. Our status (and that of any identified contributors) as the authors of the Copyright Materials must always be acknowledged.

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

Our Website may incorporate third party content and we would 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 Materials other than as expressly permitted by this copyright notice, please contact our legal department (email: INFO.US@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 execute 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.