TERMS AND CONDITIONS 

 

Effective as of Aug 2023.

 

This website is owned and operated by MAP Active PH and these Terms and Conditions apply to visitors and users of FitFlop.com.ph. The term “We” refers to FitFlop.com.ph, the provider of this website and “You” as a user who accepts these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using this website.

 

Eligibility

As a user and to place an order within FitFlop.com.ph, you must be at least 17 (seventeen) years of age. If you are under 17 (seventeen) years of age, you must only place an order with FitFlop.com.ph with the consent and involvement of your parent or guardian. If you do not have consent and involvement from your parent or guardian, you must stop using the site.

 

Privacy Policy

You agree that all information and personal data you have submitted to FitFlop.com.ph through the website, email, telephone, and other forms of communication may be collected, stored, and processed in accordance with our Privacy Policy. We have the right to change or update the Privacy Policy at any time and publish the updated version on the website. For more information on our Privacy Policy, please refer to our Privacy Policy.

 

License and Access to Website

FitFlop.com.ph and all content provided on the website is the property of MAP Active PH and its licensors or content providers, and under the protection of copyright, trademark, and the law of the Republic of of the Philippines and other applicable domestic and foreign rules and regulations. FitFlop.com.ph grants you a limited license to access and make personal use of FitFlop.com.ph. Unless stated otherwise, you have permission to access, copy, download, and print content provided on the website for personal and non-commercial use, as long as you do not change or remove any copyrights, trademarks, or ownership information in the content. FitFlop.com.ph and its licensors or content providers reserve the rights to all content provided on the website, including intellectual property rights, and provide this content by a license that can be revoked at any time in accordance with FitFlop.com.ph

 

Prohibitions

FitFlop.com.ph strictly prohibits any misuse of content provided on the website, including, but not limited to: any downloading, copying, or other use of content to compete with FitFlop.com.ph or to benefit other vendors or third parties; all unauthorized caching and linking to the website or illegal framing of content available on the website; all changes, distribution, deployment, execution, broadcast, publication, uploading, licensing, manipulation, transfer or sale, or derivative work creation, from all content, products or services available on the website that you do not have the right to use. All uploads, transmission or deployment of materials containing software viruses or computer codes, files or programs designed to disrupt, interfere with or restrict computer use; the use of hardware or software to intercept, or extract information (e.g., system data or personal information) from the website, including, but not limited to, the use of scraping or any data extraction methods, robots, spiders, or similar tools; or any actions forcing or may force an overload or unreasonable or disproportion usage or damage which interrupts the operation of FitFlop.com.ph infrastructure is prohibited. FitFlop.com.ph reserves the right to reject or cancel membership, to ban any party from the website and prohibit website use for any reason and limit or restrict you from accessing the website at any time without notice. FitFlop.com.ph does not guarantee or claim that any content used on the website does not violate the rights of any third parties with no affiliation to FitFlop.com.ph. The termination of access or use will not put aside or affect any other rights or relief of FitFlop.com.ph, under the law or in equity.

 

TERMS OF SALE

Product Information

  1. All material and information relating to products presented by FitFlop.com.ph is intended to be used for personal educational or informational purposes only.
  2. The product statements are not intended to treat, cure, boost, support, or prevent any health, sport, and/or fitness condition. References to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FitFlop.com.ph. Product claims or descriptions on FitFlop.com.ph have been provided to us by relevant brand owners or pursuant to customers review and FitFlop.com.ph has not independently verified such claims or descriptions.
  3. All products should be used strictly in accordance with their instructions, precautions, and guidelines.
  4. Use of our website is not meant to serve as a substitute for professional health, sport, and/or fitness advice; FitFlop.com.ph is solely online stores for sport, fitness, and lifestyle products. Please consult with your own health, sport, and/or fitness professional regarding the use of any products or information received from FitFlop.com.ph before using or relying on them. Your health, sport, and/ and/or fitness professional should address any and all health, sport, and/or fitness questions, concerns and decisions regarding the possible approach of any health, sport, and/or fitness condition.
  5. com.ph does not give or intend to give any answers to health, sport, and/or fitness related questions and FitFlop.com.ph does not replace any health, sport, and/or fitness professional. FitFlop.com.ph does not represent itself as a health, sport, and/or fitness professional nor is this implied.
  6. Product image as seen on the FitFlop.com.ph may slightly differ from the actual product that you receive. There may be a 1-2cm difference in measurements depending on the development and manufacturing process. Actual colors may also vary. This is due to the fact that every computer monitor has a different capability to display color thus we cannot guarantee that the color you see accurately portrays the true color of the product.
  7. Whilst we make the best efforts to ensure that all details, descriptions, and prices which appear on FitFlop.com.ph are accurate, we do not warrant that the descriptions, colors, information, pricing, promotions or other content available on the website is accurate, current or free from error. FitFlop.com.ph may correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice, including after you have submitted your order.

 

Placing Order

  1. To place an order, you must submit your information to us which is accurate and true. You must also keep your information up to date by informing us of any changes.
  2. To submit an order, you will be required to follow the online shopping process on FitFlop.com.ph. After that you will receive an order confirmation/invoice which will act as an acknowledgement of your order.
  3. Whilst we make the best efforts to ensure that all details, descriptions, and prices which appear on FitFlop.com.ph are accurate, there may be instances where errors may occur. If we discover an error in the price of any products which you have ordered, we will inform you of this and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel your order before we have shipped it to you and you have already paid for your order, you will receive a full refund.
  4. We are under no obligation to fulfill your order if the price listed on FitFlop.com.ph is incorrect.
  5. To minimize the risk of unauthorized access, we encrypt your card data. Once we receive your order, we will request pre-authorization on your card to ensure sufficient funds are available to complete the transaction. Order will not be confirmed until this pre-authorization check has been completed. Your card will be debited once we have sent you the order confirmation. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
  6. Upon authorization of the payment, by clicking the “Place Order” button you are confirming that you have reviewed your order (product color, size, quantity (as relevant)), that the card belongs to you and that you have sufficient funds or credit facilities to cover the cost of your order.
  7. We reserve the right to withdraw any products from FitFlop.com.ph at any time and/or remove or edit any materials or content on FitFlop.com.ph. We will make our best efforts to always process all orders but there may be exceptional circumstances wherein, we may need to refuse to process an order after we have sent you the order confirmation/invoice, which we reserve the right to do at any time, at our sole discretion.
  8. We will not be liable to you or any other third party by reason of our withdrawing any product from FitFlop.com.ph whether it has been sold or not, removing or editing any materials or contents on FitFlop.com.ph or for refusing to process or accept an order.
  9. Payment Method
    FitFlop.com.ph accommodates several payment methods to ease your shopping experience. The payments methods available are:
    • GCASH
    • GrabPay
    • Credit Card
      You can use your Mastercard and Visa credit card for payment. You need to input your card details on Checkout page. The required data you need to input are:
      • 16 digits of card number.
      • Card’s expiry date.
      • CVV Numbers: 3 digits of confidential numbers on the back of the card.
      Note: Orders that use a different name than stated on the card will be cancelled by the system as fraud prevention mechanism.

Delivery

  1. We aim to deliver the product to you at the place of delivery stated in your order.
  2. We will attempt to notify you if there is a delay in delivery, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
  3. We deliver in our standard packaging. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

 

Return Policy

Criterias

  1. Product purchased at full price and with a maximum of 30% discount. We do not accept returns for products which have been purchased at more than 30% discount during promotion period.
  2. Product must have never been used and must still be in its original condition, complete with labels attached to the product and without damage.
  3. Product must has no stains, broken seams, missing buttons, loosened threads or other conditions that deem the product to be defective or damaged.
  4. Products must have its brand box and packaging in its original condition. The box and packaging must not be broken or dented, not attached to any adhesive material, and complete with other items from the original packaging such as cartons, clothes hangers, stickers, ribbons, ropes, polybags, plastic, and other objects.
  5. Request for product return must be made within 14 (fourteen) days of when the order is received. Returned products must be received at the pre-determined location no later than 7 (seven) days after the date of return is approved by FitFlop.com.ph.
  6. When returning the product, please use the outer/packaging box as we sent you and cover the product packaging with a sturdy wrapper and add a “FRAGILE” sticker to the shipment to damage on the original box during shipment. We do not accept any form of returns where there is damage to the product and the product packaging/box.
  7. Refund process takes 7 (seven) to 14 (fourteen) working days. It may vary depending on the refund method. Refund will be made as soon as we have received the returned products and according to your initial payment method selected during purchase. We do not refund the shipping costs of returned products.
  8. Please contact our Customer Service Team via email to connect@fitflop.com.ph to submit the return request.

 

Exchange Policy

Criterias

  1. Exchange is valid for product within these criterias:
    1.1 Incorrect size
    • Product received does not match customer’s order: e.g., the customer ordered size 30, but received size 32.
    • Different sizes between physical product and packaging/box.
    • Different sizes between left and right product (e.g., shoes, sandals).
    • Product received is the same side (both shoes/sandals are both right or left sides).
    1.2 Incorrect color
    • Product color is not the same as stated in the product description: g., Customer ordered blue shoes, but received red shoes.
    1.3 Damage/Defective
    • Product color: Faded or different color.
    • Product materials: Peeled leather, torn material, loose stitches or knitting, stained or deformed parts, torn or punctured material.
    • Product parts: Loose buttons, broken zippers, missing pieces/parts, broken handles, cannot be pumped (for balls)
  2. Requests to exchange the product for other sizes or colors or types/models are not allowed. However, you may return your product for a full refund (provided the exchanged product meets the criteria) and place a new order. Product exchange can be done only with the same product (same SKU, same size, same color, etc).
  3. Request for product exchange must be made within 14 (fourteen) days of when the order is received. Exchanged products must be received at the pre-determined location no later than 7 (seven) days the exchange date is approved by FitFlop.com.ph.
  4. When exchanging the product, please use the outer packaging/box as we sent you and cover the product packaging with a sturdy wrapper and add a “FRAGILE” sticker to the shipment to avoid damage on the original box during shipment. We do not accept any form of exchanges where there is damage to the product and the product packaging/box.
  5. Please contact our Customer Service Team via email to connect@fitflop.com.ph to submit the exchange request.

 

Exceptions

  1. We do not allow exchange requests based on the color differences between the received physical product and product photo caused by lighting effects or computer screens.
  2. We do not allow exchange requests based on a wrong purchase or a change of mind after purchase. We strongly recommend you to review the shopping cart before completing an order.
  3. Exchange requests do not apply to swimwear, sports bras, sportswear, tights (including tights/leggings, compression/compression pants, cycling shorts), socks, fitness equipment, sports accessories (including hats), and other products or brands with specific Terms and Conditions and which have been stated clearly in the description.

 

Faulty Products

  1. All product descriptions, information, and materials posted on FitFlop.com.ph are provided ‘as is’ and without warranties expressed, implied, or otherwise howsoever arising.
  2. If the product that you receive is faulty, please contact our Customer Service Team and provide us with your order number, name and address, product details, and the reason for return, and an information on a refund or an exchange request.
  3. Upon receipt of the faulty product, we will examine it and advise you on the status of the refund or exchange (if any).
  4. com.ph may at its discretion refuse to process an exchange. However, we may offer a refund as a substitute remedy.
  5. In the event the product returned is not faulty, we may at our discretion decide not to exchange or refund for the product.
  6. For more information on exchange policy, please refer to our Return Policy.

 

Disclaimer

Unless stated in these Terms and Conditions or by the applicable law, FitFlop.com.ph does not make any statements, representations, warranties or guarantees, and offers no other conditions, express or implied, about any matter, including but not limited to, the merchantability, suitability, fitness for any specific use or purpose, or non-infringement of FitFlop.com.ph membership, for all content and all products or services available through FitFlop.com.ph as well as implied guarantees from a course of performance or dealing. In certain areas, the law does not permit the disclaimer of guarantees, so the above disclaimer is limited to the extent that the law permits.

You may use this website at your own risk. We reserve the right to limit or revoke your access to the whole website, or some features, or some parts, at any time. FitFlop.com.ph does not guarantee that there will not be any interruptions while accessing the website; that the website is safe; or free of viruses; or the accuracy, truth, punctuality, benefit, reliability, completeness and correctness of the information provided by the website. Should you download content from this website, be sure it is your own decision and that you understand the risk. You hold responsibility for any damage to your computer system or any loss of data caused by downloaded content.

 

Limited Liability

The providers of products and services available on FitFlop.com.ph are independent contractors and not agents or employees of FitFlop.com.ph. FitFlop.com.ph is not liable for any actions, errors, negligence, omissions, statements, representations, warranties, breaches, or violations of these providers, or any personal injuries, death, property damage, or other damages, or any resulting costs.

You fully understand, acknowledge, and agree that you assume full responsibility for your use of this website and/or FitFlop.com.ph membership, communications with any third parties and the purchase and use of the products and services available from FitFlop.com.ph. You fully understand, acknowledge, and agree that all information you send or receive during your membership and/or use of this website is not completely secure and may be intercepted by unauthorized parties. You fully understand, acknowledge, and agree that you assume full responsibility of the consequences and risks of using this website, which is made available at no charge.

You fully understand, acknowledge, and agree that, as far as the law permits, including, but not limited to, consumer rights protection, FitFlop.com.ph or its licensors, distributors or third-party content providers do not assume any responsibility or liability for consequential or any other damages caused by or related to:

  1. This website, or other websites or resources you have accessed through links from this website,
  2. Any action we take or fail to take, as a result of communications you send to us,
  3. Your membership of FitFlop.com.ph, including any termination or cancellation of items such as, but not limited to, your membership and any referral credit program,
  4. Any products or services made available or purchased from this website, including any losses, damages, or injuries arising from the use of using such products or services,
  5. Any delay and/or inability to use this website or any information, products, and services available from the website,
  6. Any modification, omission, or removal of any content submitted or posted to this website,
  7. Any use of this website, either based on contract, error, legal liability, or any other means, even if FitFlop.com.ph has been informed of the possibility of any damages, is the sole responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, suggestion, or any other content available through this website or linked site or any related resources,

This disclaimer applies, without limitations, to any damages or injuries arising from failure of performance, error, omission, interruption, removal, defect, operation or transmission tardiness, computer virus, file corruption, communications failure, system or system outage, personal loss or theft, destruction, illegal or unauthorized access, modification, data usage and all form of loss. You specifically acknowledge and agree that FitFlop.com.ph, or its licensors, distributor or third party content providers shall not be liable for any defamatory, offensive or illegal conduct of any user of this website. You and FitFlop.com.ph agree that the cause of any action arising from or related to this website must be commenced within 1 (one) year after the cause of action occurred, or the cause of the action is permanently banned. Because certain jurisdictions do not allow limitations on the length of any implied warranty, exclusions or limitations of liability for damage as a result of an incident, all or part of the above restrictions can be limited to the extent the law permits.

 

Indemnity and Release

You will indemnify and release FitFlop.com.ph from and against any and all fines, penalties, liabilities, losses, and other forms of damage of any kind whatsoever, including attorneys’ and experts’ fees incurred by FitFlop.com.ph and any related parties, and must defend FitFlop.com.ph and any related parties against any and all claims arising from:

  • Your violation of the Terms and Conditions,
  • Your misconduct or commission of fraud or negligence, or
  • Your violation of the rights of any third party

FitFlop.com.ph will control the defense of any claim to which this indemnity may apply, and in any event, you must not resolve any claim without the prior written consent of FitFlop.com.ph.

 

Complaints Management

FitFlop.com.ph places great value on our customer satisfaction. You may contact us at a designated time using the contact details from the Contact Us information. We will attempt to address your concerns and will contact you on receipt of any relevant inquiry or complaint. In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable; send us copies of the order or the order number that was sent to you in the order confirmation email.

 

Electronic Communications

When you use the website or send emails to FitFlop.com.ph, you are communicating with FitFlop.com.ph electronically. You agree that all agreements, notices, disclosure, and other means of communications sent to you electronically are legally valid as written communications. All notices from FitFlop.com.ph are deemed to have been delivered and received by you when sent to the email address you provide to FitFlop.com.ph

 

Password Protected Website Access

Access to parts of the website which are protected by passwords is limited to authorized users only. You are responsible for protecting your login details, including your password. You agree that you are responsible for any and all statements made, and for acts and omissions that occur through the use of your login details. If you have any reason to suspect your login details have been misused or stolen, please inform FitFlop.com.ph immediately. FitFlop.com.ph will assume that any communications we receive from your email or other communication tools related to you or your login account on the website, have been made by you unless we receive notice stating otherwise.

 

Trademarks and Copyrights

The trademarks, logos, and service marks (brands) displayed on the website are the property of FitFlop.com.ph, or its licensors or content providers, or other parties. You and any others acting on your behalf are prohibited from using the brands for any purpose, including, but not limited to, use as meta tags on other websites without the written permission of FitFlop.com.ph or other third parties that may own the brands. You may not use framing techniques or technology to enclose any content on the website without the prior written consent of FitFlop.com.ph. Furthermore, you cannot take advantage of the website's content in the meta tags or by using "hidden text" techniques without the express written consent of FitFlop.com.ph. All and any content, including software programs, available on or through the site are protected by copyright, trademark, and the other applicable laws and regulations of Republic of of the Philippines and other countries.

 

Intellectual Property Right Infringement Claims

FitFlop.com.ph respects the intellectual property rights of others, and we ask our users to do the same. You are hereby informed that FitFlop.com.ph has adopted and implemented the policy of terminating users, in the appropriate circumstances, who commit copyright infringements. FitFlop.com.ph may, in certain circumstances and at its discretion, disable and/or terminate your account and/or the membership of users who may be infringing the intellectual property rights of third parties.

 

Continuity of Terms After Agreement Ends

Provided it does not conflict with any provisions contained in these Terms and Conditions, or any applicable general legal principles, any provision of these Terms and Conditions will continue to impose an obligation on any party after the expiry of these Terms and Conditions.

 

Force Majeure

FitFlop.com.ph is free from fulfilling these Terms and Conditions, in part or as a whole, as a result of an event or series of events caused by:

  • Fire, explosion, storm, flood, earthquake, other weather conditions or acts of nature
  • Acts of war, terrorism, insurrection, riots, civil disturbance or uprising
  • Quarantines or embargoes
  • Strikes
  • Epidemic
  • 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, or
  • Other causes beyond the control of FitFlop.com.ph

In the case such events should occur, FitFlop.com.ph may temporarily be unable to deliver the products you have purchased, you will be given the option to delay delivery or cancel the purchase and receive a refund

 

Waiver

No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.

 

Assignment

You may not assign these Terms and Conditions (or any rights, benefits or obligations) by operation of the law, or otherwise, without the prior written consent of FitFlop.com.ph, which may be withheld at FitFlop.com.ph’s discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. FitFlop.com.ph may assign these Terms and Conditions, in whole or in part, to any third party at its discretion.

 

Severability

If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause. All of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

 

Modification and Alteration

You acknowledge and agree that FitFlop.com.ph can, according to its own policies, modify, add, or eliminate part of these Terms and Conditions at any time and in any manner by posting the revised Terms and Conditions to the website. You may not change or modify these Terms and Conditions under any circumstances. You are responsible for periodically checking any changes we make to these Terms and Conditions. Due to your continued use of this site after any changes to the Terms and Conditions are made indicates that you have accepted the changes. 

 

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the law of Republic of Philippines. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the Philippine courts. All dealings, correspondence, and contacts between us shall be made or conducted in the English and Tagalog language.

 

Contact Us

If you have any questions or comments about this Terms and Conditions or if you would like us to update the information we have about you or your preferences, please contact us by email at connect@fitflop.com.ph or come to our Philippine office at the 6th Floor, W Global Center, 30th Street corner 9th Avenue, Bonifacio Global City 1634 Taguig City, Philippines.

 

Last update as of Aug 2023.