Terms & Conditions

Digital Retail Direct T/A www.FlipFlopsCity.com

1. Introduction

The Website Owner (Digital Retail Direct Ltd), including subsidiaries and affiliates ("Website" or "Website Owner", “FlipFlopsCity.com” or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither FlipFlopsCity.com nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. FlipFlopsCity.com reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please contact us.

3. Trade Marks

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of FlipFlopsCity.com.

4. External Links

External links may be provided for your convenience, but they are beyond the control of FlipFlopsCity.com and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions

FlipFlopsCity.com is not responsible for any material submitted to the public areas by you (which include bulletin boards, product reviews, hosted pages, chat rooms, blogs, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. FlipFlopsCity.com reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to - 5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; 5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; 5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network; 5.4 violate any copyright, trademark, other applicable Great Britain or international laws or intellectual property rights of FlipFlopsCity.com or any other third party; 5.5 submit contents containing marketing or promotional material which is intended to solicit business.

6. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify FlipFlopsCity.com against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Warranties

FlipFlopsCity.com makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, yours or your company's personal information or material and information transmitted over our system.

8. Disclaimer of Liability

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access

and use of the website, any information contained on the website, yours or your company's personal information or material and information transmitted over our system. In particular, neither FlipFlopsCity.com nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the Website

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to FlipFlopsCity.com that you are legally entitled to do so and to make use of information made available via the website.

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

10. Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and FlipFlopsCity.com as a result of your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of FlipsFlopsCity.com, and we shall not be liable for any representation, act, or omission on your part.

11. Payment

Payment can be made by Visa, Visa Electron, MasterCard, , Delta, and Maestro debit cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by either Digital Retail Direct Ltd or FlipFlopsCity.com. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Digital Retail Direct Ltd, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment. We do not retain records of customer personal credit card information on our web servers after the transaction has been completed.

We will keep customers address, name etc after the transaction however we will never store credit card details they will always be processed by Paypal and never stored on our machines.

We use of the latest secure server software (SSL) which encrypts all information you input before it is sent to us. When you place orders we use a secure server.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

12. Pricing Policy

Prices shown on the Site are in GBP or Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.

All prices and offers remain valid as advertised from time to time. The GBP or Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

13. Acceptance of your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and FlipFlopsCity will be completed when we email you to confirm the goods have been despatched. The sale contract is therefore concluded in London, England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

14. Orders

All orders are subject to acceptance and availability.

If you have registered your email address for notification of the arrival of a specific product featured on our Site which is currently out of stock, we will attempt to notify you by email within 48 hours of the product becoming available.

Please note that items in your shopping basket are not reserved and may be purchased by other customers which therefore may on occasion, lead to the product being out of stock by the time you check out.

15. Registration

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address CustomerServices@flipflopscity.com. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

16. Eligibility to Purchase

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the FlipFlopsCity terms of eligibility, who have been issued a valid credit card by a bank acceptable to FlipFlopsCity, whose applications are acceptable to FlipFlopsCity and who have authorised FlipFlopsCity to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. FlipFlopsCity reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase a product, you expressly authorise us to perform credit checks and, where FlipFlopsCity feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

17. Rights

You have certain rights under the law. These include, in England:

1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; 2. Certain remedies if a product is defective; and 3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in these Terms and Conditions is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

18. Returns and Exchanges

Items should be returned unused within 14 days.

Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

You should email CustomerServices@flipflopscity.com in advance of returning any items to confirm that you are sending something back to us.

When returning items, you must use a recognised recorded delivery service as proof that the item(s) has been returned to us.

Shoes All shoes should be tried on a carpeted surface before wear.

Faulty goods Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item (instead of obtaining a refund), please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

All Returns & Exchange carriage is to be paid for in its entirety by the customer.

19. Content

In addition to the Intellectual property rights referred to elsewhere in these Terms and Conditions, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. FlipFlopsCity tries to ensure that the information on this site is accurate and complete. FlipFlopsCity cannot promise that the Content is accurate, error-free. FlipFlopsCity

cannot promise that the functional aspects of the Site or Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

21. Promotions and Discounts

21.1 PROMOTIONS

21.1.1 WHAT ARE THEY?

* Discounts are issued in the form of either '£ savings' or a 'percentage off' and are offered to customers via. promotional emails, advertisements, on-site banners or 3rd party communications

* There is no cash alternative and all terms and conditions are non-negotiable

* Unless otherwise stated, discounts are only applicable to full price items (sale and clearance items are not included)

* FFC reserves the right to cancel or change any promotion / discount without notice, at any time

21.1.2 FREE SHIPPING OFFERS

* Free Shipping offers apply to 'Standard UK Shipping', 'Next Day Delivery' or 'Free International Shipping' only, where and unless otherwise stated.

* In all cases, the shipping charge only will be deducted. No taxes, duties or customs charges will be removed.

21.1.3 EXCLUSIONS + EXPIRIES

* All promotions will have a 'valid until' or 'expiry' date. Please refer to the original promotion source for this information

* Promotional codes cannot be used in conjunction with any other offer

* Promotional codes are valid for one transaction per person and cannot be used on multiple accounts

* Promotional codes cannot be applied retrospectively to previous orders

21.1.4 HOW DO I USE THEM?

* If using a promotional code, the code provided should be entered in the 'Promotional Code' box at the checkout

* Some promotions will be subject to a minimum spend threshold (please refer to the original source of the promotion)

* Wherever a minimum spend threshold applies, the minimum spend does not include shipping costs

21.1.5 RETURNING AN ITEM BOUGHT UNDER A PROMOTION

* If returning an item purchased using a promotional code, the code used will remain valid if the retained items exceed the threshold required (if a threshold is applicable)

* If the retained items fall below the minimum spend you will be refunded accordingly and the code will be re-validated, this will happen on one occasion only. The re-validated code will expire after 14 days.

* Unfortunately, we do not cover the cost of returning any items purchased under a promotion

21.1.6 COMPETITION PRIZES / WINNERS

* Prizes are non-negotiable and non-refundable

* Gift certificates are non-transferable to any other person (they can only be used by the competition / prize winner)

* There is no cash or credit alternative

* Competitions and prizes will vary; please refer to the competition source for details of full terms and conditions

* As with all purchases (with or without a gift certificate), our usual terms and conditions apply

22. General

22.1 Entire Agreement

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

22.2 Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

22.3 Conflict

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

22.4 Waiver

If you breach these conditions and we take no action, it will not limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

22.5 Cession

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

22.6 Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

22.7 Applicable laws

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

22.8 Comments or Questions

If you have any questions, comments or concerns arising from the website, the Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.