TERMS & CONDITIONS

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, and all such content is otherwise subject to copyright protection, under the United States and other copyright laws, and is the property of Fitflop (the “Copyright Materials”). The Website content and the collective work include works that are licensed to Fitflop USA LLC and/or its affiliates. Copyright 2014, Fitflop. ALL RIGHTS RESERVED.

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, publication, 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.

When using our Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on our Website. For contractual statutory or any other purposes, you agree to this electronic means of communication.

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

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

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

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 two (2) years after the claim or cause of action arises. Fit Flop's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. FITFLOP may assign its rights and duties under this Agreement to any party at any time without notice to you.

CanPar Ground Service $9.95

Customers can typically expect delivery within 5-8 business days after the order is processed, pending credit card approval.

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.

Once your order has been placed, we will be unable to amend any details or cancel your order.

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.

Last modified: 17 May 2019

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

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

• 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 unless you agree to this, 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, mobile messages, or you have subscribed to our Website or in respect of any services, if you do not want to be contacted in the future about any promotional or marketing offers, please follow the instructions in the promotional message or let us know by sending an email to INFO.CA@FITFLOP.COM and we will stop sending you any promotional messages.

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

We 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, and that they limit their use of such information for the performance of services for FitFlop;
• 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 (as the case may be) we provide. We ask such agencies to confirm that their privacy practices are consistent with ours, and that they limit their use of such information for the performance of services for FitFlop. 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.

Your e-mail information is not shared with other organizations for commercial purposes. We do not partner with or have special relationships with any ad server companies. We use the Personal Information you provide in connection with the services we provide and internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new Products, services and offers, and providing you with information from and about our Website, FITFLOP or related companies.

We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop our Website and our services or Products and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

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.

To help us improve our privacy policy and practice, please give us your feedback. You may email us or write to us at INFO.CA@FITFLOP.COM or

If we decide to change our privacy policy, we will post those changes on this page.

Policy changes will apply only to information collected after the date of the change.

This Privacy Policy and Security Statement was last updated 03/12/2014.

If you have any questions, feedback or complaints about our privacy policy, or if you would like to exercise your legal rights, please email us at INFO.CA@FITFLOP.COM.

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 Canada 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, infringe another’s publicity rights, 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, provincial, 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: (i) any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or any communication that is not compliant with Canada’s Anti-Spam Law (CASL).

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, adapt, publish, transmit, translate, 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, trademark 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, trademark, defamation, privacy, publicity rights, trade secrets, 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 such 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.CA@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.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through our Website (including comments, photos, Product reviews, endorsements, opinions, testimonials) or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of our Website, or the use by any other person accessing our Website using your shopping account and/or your personal data and information.

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

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 of the age of majority in your province or territory of residence;

(c) You are resident in Canada;

(d) You are accessing our site from Canada.

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. 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, PayPal, Google Pay and Apple Pay. In placing your order with a credit/debit card you confirm that the card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products or services. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, 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 debit/credit 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 OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITFLOP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FITFLOP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FITFLOP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

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

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

We 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 review these policies before you use these websites.

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

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

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 are unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.

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.CA@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.