Agreement

Createflipflops is a trading name of KMHL Limited.

These conditions govern all contracts of the sale of goods and services between KMHL Limited (hereinafter referred to as Createflipflops and any Customer (hereinafter referred to as ‘The Customer’) of the goods and/or services. These terms can only be varied with the written consent of Createflipflops. These terms supersede any other terms. Any mention of flip flops or sliders may also apply to any other footwear style supplied by Createflipflops unless otherwise stated

Contract

We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.

Ownership of the products (both legal and equitable) remains with Createflipflops until payment by a customer is made in full. This does not apply to tooling where ownership is not transferred to the customer.

The company shall not be under any liability of any kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the reasonable control of the company or of the companies suppliers or due to labour disputes. This includes any delays in delivery due to customs clearance or natural events that cause delays in the shipping all of which are out of control of Createflipflops.

All contracts between Createflipflops and the Customers shall be governed by the laws of England and any disputes arising there from shall be the subject to the jurisdiction of the English courts.

Ordering

Once an order has been placed (‘Checked and Authorised’) in writing in either a hard copy (letter) or digitally (email) by the customer, it is classified by us as being ‘Approved’. Once an order is ‘Approved’, the customer is required to accept the approved delivery and accept the payment terms of their order. Once and order is ‘Approved’ and invoice will be issued at which point the contract between the customer and Createflipflops commences.

On occasions, for example when orders are repeat orders, approval may not be required however the payment of an invoice or written request from the customer is the confirmation of the order.

All orders for the supply of goods placed by the customer with Createflipflops are irrevocable unless otherwise expressly stated in writing. A confirmed order may only be cancelled or varied with Createflipflops written consent. Such consent shall not in any way prejudice Createflipflops’ right to recover from the Customer full compensation (including profit) for any loss or expense arising from such cancellation or variation of the original order.

We may terminate your order without notice at our sole discretion.

Once your order is terminated, we will refund any monies due in such a circumstance.

Payment

All orders require payment in full with an order approval prior to production commencing.

On occasion, Createflipflops may agree to obtain a non-refundable deposit of 50% with an order approval prior to production commencing and the remaining 50% balance is to be paid and cleared by Createflipflops before the customer’s products are dispatched. Either way the full payment is required and an order cannot be cancelled with part payment.

The price of the products exclude VAT. In the case of an obvious pricing error, Createflipflops has the right to alter the price and is under no legal obligation to provide the product to you at the incorrect price, even after the Contract between us has been formed. This is if the pricing error we have is obvious and unmistakeable and could have reasonably been acknowledge and recognised by you as an error.

Credit

Credit will not be extended to the Customer unless an application for credit has been made to and on the approval of the Company. Where a Customer has been granted credit, payment is due within 30 days of date of invoice unless otherwise agreed with the Company in writing. Where no credit has been granted to the Customer, payment is due immediately upon the date of the order, a 7 day grace period will be given in order to allow for bank transfers to be processed. Interest will be charged by the Company to the Customer on all overdue sums at the rate of 2.5% above the Base Rate of HSBC at that time, accruing daily (and such interest shall continue to be payable after any court judgement). The Company reserves the right to refuse to dispatch goods to a Customer whose credit account or payment is overdue. A charge of £20 will be made for each instance of a returned or represented cheque.

Prices and quotes

All prices are estimates until the time at which an invoice is issued.

Delivery

The target delivery date for orders starts when the written ‘approval’ is received by us and payment by the customer has cleared. From the confirmation, Createflipflops will provide every effort possible to provide our products within the lead times specified.

Delivery times can vary throughout the year, we will do our best to keep you informed if this is occurring.

Whilst Createflipflops will endeavour and do our utmost to deliver orders to our timeframe, our timeframe is only a target and could be extended or reduced even after an order has passed the approval stage. The delivery target for orders is not a guarantee and not a contractual agreement.

All orders will require a signature confirming delivery. By choosing to purchase from Createflipflops, you agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that our products have been received by you. If for any reason the delivery is attempted and fails you are still liable for full payment and any additional redelivery costs.

Delivery is deemed to take place when the goods are delivered to your nominated delivery address, whereupon the risk of loss, breakage and damage passes to you. Ownership of the goods does not pass to you until payment is received in full by Createflipflops.

For goods shipped from the UK for domestic shipping, some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order. Customers awaiting deliveries to Northern Ireland may need to wait an extra day to receive their order. If you have any queries regarding your delivery please email us.

All deliveries are based on delivery to mainland countries and delivery to islands or remote areas may take longer and incur additional charges. We will do our best to advise when this might happen.

The delivery address is the delivery address provided at the time the order was placed. Changes to delivery addresses may be possible after the order is place however this can not be at the cost of Createflipflops and written request must be made. Orders may be sent out before changed address is provided in which case if it is possible to change the delivery address during transit then the additional costs maybe be required.

When goods are sent direct from our factory outside the EU to you, the responsibility for clearing the goods through customs lies with you. We will do our utmost to ensure all information is provided, however, we cannot be held responsible for customs clearance process in individual countries. We will, where possible, provide all help and advice that we can. Furthermore the address and contact name you provide for the goods should be someone that is capable of importing goods into the country and who may have to provide information to the courier/customs office for the clearance process to be completed and possibly pay any import fees. Occasionally customs inspections take place and this can delay the shipment. Again this is out of our control and Createflipflops do not take responsibility for this.

Returns/refunds

The flip flops/sliders and or any custom tooling are “made to order” and are based and created on customer approval of all order details provided to Createflipflops. Refunds/Returns for orders with an approved customer order will not be accepted. In the case of tooling this approval is confirmed by payment of the invoice.

In a situation where Createflipflops has failed to comply with the approved customer order instructions through either errors, omissions or the product being faulty, we will more than happily either exchange the product, repair the mistake or issue a refund. The choice of which will be at Createflipflops discretion. Createflipflops will aim to reply within 30 days of receiving the returned products with a decision on the best course of action. Createflipflops are not liable for any shipping costs for returns outside the UK. The location of sale is considered to be the UK.

Notification of an issue/fault with an order must be made by email/letter to Createflipflops within 7 days of delivery. The product must be retained in an unused condition and the cost of any loss or damage of the product will be charged to the customer.

We do not accept and cannot process any returns without a returns number and accompanying documentation which will be provided after notification. Any items returned incorrectly will be subject to a reshipping and handling charge. To request a returns number please email: info@createflipflops.co.uk. For your protection we recommend that you use a recorded delivery or courier service with adequate insurance cover as Createflipflops cannot be held responsible for goods not received. The cost of return is not bore by Createflipflops.

Where there is minor fault we may suggest an alternative remedy.

Any products returned to Createflipflops are to become the property of Createflipflops during the period of evaluation. If a refund is made then the products remain the property of Createflipflops to do with as Createflipflops pleases.

Cancellation Rights

The United Kingdom’s Distance Selling Regulations 2000 provide you with a legal right to cancel your order for products at any time up to the end of the seventh working day following the day after which you received the products. You do not need to give us any reason for cancellation. This right does not apply to any items which include personalised printing, engraving or embroidery or are assembled to order, which is the large majority of the products supplied by Createflipflops.

If you wish to cancel your order please write to info@createflipflops.co.uk with details of your cancellation. If you have already received the products they must be returned to us in their original condition and carefully repackaged, with the original docket as proof of purchase and order number. Please ensure to quote your order number on all correspondence.

Until you have returned the products to us, you must keep them in your possession and take reasonable care of them. We will credit the price of the cancelled products. Please note that any carriage charges already incurred by Createflipflops at the point of cancellation will not be credited.

For items that are personalised in any way, the sale is final. This means that once any personalised printing, embroidery or engraving has been completed, we cannot refund or exchange the item. We reserve the right not to print anything that could be deemed as offensive.

Flip flops and Sliders

Flip flop sizes

Sizes are in centimetres. The actual length of the flip flops will normally be slightly less than the specified length.

Equivalent non-centimetre sizes are approximate sizes. These sizes are based on the length and do not account for the location of the toe piece. Variation in individuals toes lengths for two people with the same foot length mean we can not say exactly what size an individual should choose based solely on their shoe size.

Sizes are pretty accurate, but due to the nature of making customised products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on this website. Occasionally we may substitute materials and adjust product design to accommodate production considerations in relation to supply or stock shortages.

Artwork

You must have the rights to all artwork. We will not use the artwork for any other proposes.

Artwork will be produced by Createflipflops unless you provide the full artwork. There may be a charge for producing artwork.

All designs and logos represented on Createflipflops artwork sheets are only an aid for the customers and are not drawn to scale or to the final colour.

Through confirming an order you agree that you, the customer, have full permission for the use of any copyrighted/trademarked designs, graphics or artwork and accept full responsibility for any subsequent legal action taken by parties associated with any copyright/trademark breach.

If you require us to match your colours to the Pantone matching system then you must give us the codes otherwise we will take them from the profiles in your document which can sometimes be inaccurate. Createflipflops is not liable for colour mismatches if the customer has been unable to supply Pantone numbers. Please see notes about colour matching below.

Media

We reserve the right to use photographic media of the flip flops and keep extra pairs as samples.

Use

Createflipflops will not be held responsible from injuries or damages caused by wearers or Customers whilst wearing the flip flops/sliders unless the goods are faulty. A faulty flip flop or slider must be returned to Createflipflops for inspection. Faults do not include damage to, tears, rips or holes in the soles or straps caused by wearing the footwear. Furthermore faults do not include the strap dislodging from the sole due to the wearers use.

Visual Mockup

All elements of visual mockups of customers designs and all logos, photography, graphics, software and video clips are protected by UK copyright laws. You are entitled to view the mockups and to print copies for the sole purpose of placing an order with Createflipflops. However, any copying or re distributing the visual mockups to 3rd parties without written permission from Createflipflops is strictly prohibited and will be deemed an infringement of copyright.

Visual mockups do not represent the final product and colours may vary. Pantone colour codes are used in production and not the artwork visuals.

Slider sizes

Sizes are in EU shoe sizes.

Production

Absolute consistency of sizes (which are approximate “to fit” sizes), materials, proportions, colours and shades are not guaranteed by Createflipflops and are given as guidance only. Please see information on colours and colour matching below.

Decoration positioning may vary between flip flops and sliders typically by up to 5mm. On those occasions where repeat orders find that the colour is slightly different to the previous order, Createflipflops cannot be held responsible for those changes. Each batach is made independently and exact reproduction is not possible.

Createflipflops reserves the right to alter or amend specifications without prior notice.

Createflipflops reserves the right to supply a product of similar specification in the case where a specific product ordered by the customer is not available.

Due to the nature of some of the materials used, in particular the PU straps for the sliders and soles for the flip flops, the materials can include creases and dents. This is part of the nature of the soft material and cannot always be avoided. Every effort is made to minimise this during production and delivery, however Createflipflops cannot be held responsible for the nature of the materials used in the products and this will not be considered a faulty product.

Due to the texture and uneven surface of the soles we cannot guarantee complete consistency when it comes to printing, this is particularly the case for the insoles of the sliders.

Wear and Tear

Inks used during the printing process will inevitably fade and erode over time. The speed at which they fade and erode will be dependent on many factors including wearing, temperature, number of washes, frequency of use, exposure to sunlight, whether walking on sand which can get trapped between the sole and the wearers foot increasing the abrasion etc. Therefore Createflipflops cannot be held responsible for fading ink colours or ink rubbing off during use. Depending on the specificaiton of the product purchased and the print techniques used combined with the placement of the artwork, it is possible for print to start to erode after a short period of time. Careful consideration to logo placement and cosnidersation to the product purchased can help minimise this, however, no print is permanent.

Materials used in the production of flip flops and sliders are soft. Therefore dents and folds in material are normal, although care will be taken to avoid them. Materials used for slider straps like man-made leather (PU) can have creases because they are soft. Materials can be scratched and damaged while wearing and this is considered wear and tear. Therefore Createflipflops cannot be held responsible for minor dents, folds or creases in materials.

Colour Reproduction

The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation between the on screen and actual product colours. Every reasonable care has been taken to ensure that the descriptions are accurate. However, specifications may change.

For non digital printing, we pantone match our colours although because of the characteristics of different materials, colours will not be identical to the pantone and variation between different materials is expected. Colours are created based on the pantone formulas (proportionate mixtures of core colours), not the Pantone colour swatches, however, the only way to get the exact colour that you want is for us to produce a sample first for you to sign off. Depending on the printing technique used, there may be colour variations between materials and inks. Non digital printing uses colours mixed which are, as closely as reasonably possible, mixed to match pantone colours; again variation between material and inks colours is expected. Furthermore, where colours are printed on varying material colours, the material colour may impact the appearance of the colour of the ink printed. Again, every reasonable care is taken to minimise this and Createflipflops is not responsible for variation. Once again, a sample is the only way to truly ensure you are happy with the colours.

Digital prints use several colours to replicate desired print colours and are limited by the CMYK colour gamut of the printer. The specific printer used may vary and Createflipflops are not responsible for variations in colours due to printing technique or the variation relative to the material colours.

Shipping

Unless otherwise agreed or specific shipping terms like Ex Works are agreed, when customised or bespoke flip flops or sliders are shipped we cover the standard costs associated with that shipping: 1) freight shipping (by sea or air) 2) terminal handling charges 3) customs clearance 4) delivery to door 5) storage for up to 5 days while waiting for clearance (any more is charged additionally). There are occasionally extra charges which are not covered by Createflipflops including customs inspections, additional cross border customs charges and extra storage. These don’t often occur.

Samples

Samples are recommended to all customers to evaluate the products which are being ordered.

Samples (of previously made flip flops or slider) can be sent, however, the cost of return must be born by the receiver/the person the samples are intended for. Return must be within 14 days of the date they were sent out on. Samples must be returned in the original condition. Any failure to return the samples in original condition with 14 days will incur a charge. By requesting samples you are agreeing to these terms.

Samples that are made to order and paid for by the Customer, are for the customer to keep.

Tooling

Any tooling made is owed by Createflipflops but held on behalf of the customer for their sole use. Tooling is kept in the factory. No storage fees are charged for tooling held by Createflipflops. Tooling needs to be used annually for it to be in good working order. If not used annually Createflipflops may need to charge a maintenance fee for the tooling. Tooling is only held for 18 months without use. If this period has passed and the Customer does not express that they wish to keep it available, Createflipflops may dispose of it but at no stage will it be sold to any 3rd party.

Liability

You will indemnify us from and against all costs, claims, liabilities and damages which we may suffer or incur as a result of you using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.

To the fullest extent permitted by law we will not be liable to you or any third party for any:

loss of business, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and/or loss of data; and/or

any other loss or damage which does not result directly from the actions of Createflipflops, its sub-contractors or agents;

and which arises out of or is related to your purchase of goods from Createflipflops.

In any event our liability to you in connection with any order will not exceed the total price charged for the goods purchased. These Purchase Terms and Conditions do not affect your statutory rights as a consumer or otherwise.

Use of website

Copyright

All elements of the Website content and all logos, photography, graphics, software and video clips are protected by UK copyright laws. You are entitled to view the Website and to print pages of the Website for the sole purpose of placing an order with Createflipflops. However, any copying or downloading from the Website without written permission from Createflipflops is strictly prohibited and will be deemed an infringement of copyright.

Under 18 website users

If you are under 18 years of age you must gain parental/guardian approval to submit data, receive updates or purchase goods online. You are still bound by these Terms and Conditions and use of the Website will be taken as acceptance of these Terms and Conditions.

Links

Links within the Website may lead to other web sites. Such links are for information purposes only and Createflipflops assumes no responsibility for the contents of these web sites. Furthermore, the inclusion of any links to other such web sites does not mean that Createflipflops sponsors, endorses or otherwise approves any information or material contained in those sites, or in sites linked to those sites, or has any association with the owners thereof.

Links to the Website may not be included in any other web site without the prior written permission of Createflipflops.

Privacy

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

We collect information about you for two reasons: firstly, to process your order and second, to provide you with the best possible service.

We may disclose your information to other members of our group of companies, and to our or their partners, associates, agents or subcontractors and to possible successors to our business. Some of these parties may reside outside the European Economic Area (which currently comprises the Member states of the European Union plus Norway, Iceland and Liechtenstein). If we do this, your information will be treated to the same standards adopted in the UK.

We will give you the chance to refuse any marketing email from us in the future.

In order to buy we will ask for certain personal information. The type of information we will collect about you includes:

• Name

• Address

• Telephone Number

• Email address

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.

We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. Using cookies allows us at Createflipflops to better understand general user behaviour, by telling us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches that are used. You can usually modify your browser to prevent access to Cookies from happening. The information collected in this way can be used to identify you unless you modify your browser settings.

If you have any questions/comments about privacy, please email us at info@createflipflops.co.uk