Our website and its availability
The Website is provided on an 'as is' basis. This means that, to the extent permitted by law, we make no representations or warranties of any kind with respect to the Website or its contents. This does not affect your legal rights as a consumer, nor does it affect your legal or contractual cancellation rights. We will be changing the content of the Website regularly.
Please note that the Website is available only to people who can form legally binding contracts under applicable law. In particular, by accessing or using the Website, you warrant to us that you are over 18 years old and legally capable of accessing and using the Website in your country of residence, or that if you are under 18 you have the permission of a parent or guardian. You must be at least 18 to make a purchase on the Website.
Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.
Unless we state otherwise, all content published on the Website is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website is accurate and up to date, we cannot warrant that the content is complete and accurate. We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or posted by a third party (e.g. testimonials and comments), or from any connection problems.
We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Any changes made will apply to any new session you start on the Website after the changes are made, or one hour after the changes are made (whichever is sooner). Continued use of the Website shall be deemed your acceptance of such changes.
We are the owner and/or licensee of the “FitFlop” trade and brand name, trade mark and get-up. Unless otherwise expressly stated, copyright and any other intellectual property rights in our Website, including, but not limited to, all images, software, designs, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, brand features, branding, trademarks, product selection, arrangement, product names and other material or content included in or supplied as part of our Website and coordination of such content on our Website (together defined as “Copyright Material”), is owned by FitFlop (or our group companies) or is licensed to FitFlop from third parties.
No permission is given in respect of the use of any Copyright Material and such use may constitute an infringement of the holder’s rights.
For further information, see our Intellectual Property Policy.
Personal information about you and your visit to our website
Content provided by you
All material which you contribute to the Website, including reviews, feedback, stories, testimonials, and images (‘Contribution’), is subject to our Acceptable Use Policy as part of these terms and conditions.
Transactions concluded through our website
Contracts for the sale of Products formed through the Website, or as a result of your visits to the Website, are governed by these terms and conditions, including our Conditions of Supply.
All such contracts are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any such contract, or any of your rights or obligations under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
From time to time, we may conduct competitions on the Website. Those competitions and your entry into them will be governed by separate competition rules (the main ones are here).
Your right to access our website
None of the Products, services, or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products, services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.
Compliance with laws
We have done our best to ensure that the Website complies with the laws of England and Wales. However, we make no representations that the Products, services, and content on the Website are appropriate or available for use outside Australia & New Zealand.
If you are visiting the Website from a location outside England and Wales, you are responsible for compliance with all applicable laws. If use of the Website, or use of any Products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately.
If making any of our Products available in your jurisdiction or to you is prohibited, those Products are not offered for sale to you.
How we will communicate with you
We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address, or three days after the date of posting of any letter.
When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on the Website. By using the Website you agree to this means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions, including any contract between you and us concluded under these terms and conditions, such as, but not limited to, a contract for the sale of Products to you, that is caused by events outside our reasonable control (a ‘Force Majeure Event’). A Force Majeure Event may include for example (but without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under any contract may be performed despite the Force Majeure Event.
These terms and conditions including the documents referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of the Website and/or supply any of the services or any of the Products to you and supersedes all previous agreements in respect of the same.
If we fail, at any time during the term of any contract between you and us concluded under these terms and conditions, such as, but not limited to, a contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices section of these terms and conditions. A waiver by us of any default shall not constitute a waiver of any other default.
If any of these terms and conditions or any provisions of a contract concluded under these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent allowed by law.
The terms and conditions, as well as any contract in respect of a transaction carried out through the Website are governed by the laws of Australia & New Zealand.