GENERAL TERMS AND CONDITIONS

 

I. INFORMATION ON DISTANCE SALES AND ENTERING INTO E-COMMERCE CONTRACTS

 

1. Contracting company

Your contracting company for all orders placed through the website www.birkenstock.com/es-en is:

Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt (Wied).
Germany

The corporate address is in Munich, Germany (Munich District Court commercial register: HRB 221033)
VAT ID: N2763085D
Managing Directors: Günter Frauendorfer

Tel.: +34 965021584
E-Mail: customerservice.es@birkenstock.com

Orders placed via our online shop for Spain will only be delivered to customers in Spain.

 

2. Coming into existence of the contract in electronic business

When you submit your order by clicking the "Order and Pay" button, you are accepting our offer and entering into a purchase contract. As soon as we receive your order, you will receive an e-mail that confirms our receipt of your order and lists its details ("confirmation of receipt of your order").

Once you have found the product you are looking for, you can place it into the shopping cart by clicking the "Add to Shopping Cart" button without any obligation. You can always view the content of the shopping cart without any obligation by clicking the shopping cart. You can always change the number of products or remove them from the shopping cart. To purchase the products in the shopping cart, click "Go to Checkout". You will be asked to enter your personal data, select a payment method, acknowledge the customer information and state that you agree to be bound by these General Terms and Conditions. You can cancel the order process whenever you wish or complete it by clicking the "Order and Pay" button. Of course you can correct and/or modify your details in the order process whenever you wish.

If goods from a combined order are sent in more than one parcel, you may receive a separate dispatch and contract confirmation for each parcel.

You will be informed by e-mail about the dispatch of the ordered goods as soon as we hand over the goods to the shipping company ("dispatch confirmation").

Orders can only be accepted from customers aged 18 or above.
For technical reasons, we cannot accept any orders placed by fax, letter or e-mail.

 

3. Information on your right of cancellation as consumer

3.1 Statutory right of cancellation:

Only our customers who are consumers as defined by the Spanish consumer-related legislation are entitled to the following right of cancellation.
INFORMATION ON THE RIGHT OF CANCELLATION

 

RIGHT OF CANCELLATION

You may cancel this contract within 14 calendar days without specifying reasons. The cancellation period is 14 days from the date on which you or a third party designated by you, who is not the carrier, takes possession of the goods (or the last goods in the case of a contract for various goods that you ordered under a combined order and that are delivered separately).

To exercise your right of cancellation, you need to send to us:

Birkenstock digital GmbH, Birkenstock Campus, 53577 Neustadt (Wied), Germany
E-Mail: customerservice.es@birkenstock.com
Telephone: +34 965021584

an explicit declaration (e.g., a letter, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the enclosed cancellation form, although the use of this form is not mandatory.

In order to consider that the right of cancellation has been exercised within the cancellation period, you merely need to send the notification concerning the exercise of the right of cancellation prior to the expiry of the cancellation period.

 

CONSEQUENCES OF THE CANCELLATION

If you cancel this contract, we shall refund all payments that we received from you including the shipping costs (except for any additional costs incurred because you selected a shipping method other than the most inexpensive standard delivery offered by us) without delay within 14 days of the date on which we receive the declaration of your cancellation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; no fees will be charged to you due to this refund.

We may refuse the refund until we receive the goods back or until you furnish evidence that you have sent the goods back, depending on which occurs earlier.

You shall send back or hand over the goods to us without delay, at the latest within 14 days of the date on which you inform us of the cancellation of this contract:

Birkenstock Online Store
CORREOS CLI
C/29, n° 12 PARC LOGISTIC Poligono ZONA
08070 BARCELONA
BARCELONA

The period will be deemed complied with if you dispatch goods prior to the expiry of the period of 14 days.

We will bear the costs of the return shipment of the goods.

You shall pay for any decrease in value of the goods only if this decrease in value is caused by any handling of the goods not necessary for checking their quality, properties and functionality.

 

Notes:

1) Pursuant to the law the right of cancellation does not apply to contracts for the supply of goods that are not ready-made and which production involves an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer, unless the parties agree otherwise.

Cancellation form

(If you wish to cancel the contract, please complete this form and return it.)

To
Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt (Wied)
Germany

Telephone: +34 965021584
E-Mail: customerservice.es@birkenstock.com
 

I/We (*) hereby cancel the contract for the purchase of the following goods (*)/the performance of the following service (*).

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the case of notification on paper)

Date

(*) Delete as appropriate

 

3.2 Additional information on how a cancellation might be processed:

If you decide to cancel the contract, you can use the return sticker enclosed with your parcel. If you cannot find the return sticker, you can request it from our customer service.

Please do not send ordered goods back to us on a freight collect basis or without informing us.

If you have any questions or concerns, please contact our customer service at:

Telephone:+34 965021584

E-Mail: customerservice.es@birkenstock.com

Please note the following additional information:

Following a cancellation, it might be technically impossible to refund payments received from you via the same payment method in some exceptional cases. In this case, we will agree the refund with you via another common payment method. Whatever the case may be, you will not incur any further costs.

We will bear the costs of the return shipment of the goods.

Your statutory right of cancellation pursuant to section 3.1 remains unaffected by the information and notes in this section 3.2.

 

4. Other information (correction, filing of the contract text, contract language)

The contract text will not be filed by us and cannot be accessed after the completion of the order process. However, you can print out your order data immediately after submitting the order. This contract is drafted and executed in Spanish. Before submitting your order, i.e. before clicking the "Order and Pay" button, you will have the opportunity to review the order and correct any input errors. Please carefully review your order before clicking.

 

II. FURTHER GENERAL TERMS AND CONDITIONS (GTC) OF BIRKENSTOCK DIGITAL GMBH, REVISION: JULY 2016

The following terms and conditions apply to all orders placed via the website www.birkenstock.com/de. The current GTC published in the web valid at the time of the order shall apply.

 

1. Prices / availability / delivery restrictions

Our prices include the statutory value-added tax applicable and in force at the time of the order. We charge a shipping fee. For standard delivery in Spain, we charge € 4.95. Please refer to our table of shipping costs for information on the applicable conditions. From an order value of at least € 80.00, we will deliver the goods free of charge to Spain (standard delivery)..
Please refer to our table of shipping costs incurred in the case of cash on delivery.

Please note that in certain cases, we can only offer special offers for a limited period. Moreover, all offers are subject to availability. The availability of a product depends on the customer's requirements (size, colour, etc.) and is indicated for the respective product.

If we are unable to supply an item, we will have to cancel the order. We will notify you of this by e-mail.

Errors and omissions excepted. All offers are subject to availability.

 

2. Payment terms

2.1 Accepted payment methods / general provisions

The goods may be paid for by means of one of the following payment methods:

• Credit card
• PayPal

Regardless of the selected payment method, you will receive an invoice by e-mail. The order overview in the shop cannot be used as an invoice.

Birkenstock digital GmbH reserves the right to exclude certain payment methods in specific cases.

For the creditworthiness check, infoscore Forderungsmanagement GmbH, Gütersloher Str. 123, 33145 Verl, Germany, will send us your address and creditworthiness data stored in its database, including the credit scoring data determined on the basis of mathematical statistical procedures provided that we have been able to prove our legitimate interest in such information.

A credit scoring will be performed only if the payment method "On account" is selected.

We reserve the right to exclude these payment methods after our review.

 

2.2 Credit card

In the case of payment by credit card, the amount will be charged upon dispatch of the goods. We accept Visa, MasterCard and American Express credit cards.

 

2.3 PayPal

Alternatively, the payment can be made with the online payment service PayPal. For payments with PayPal, the buyer merely needs a free PayPal account. To open an account on www.PayPal.de, the buyer merely needs to enter his financial details once. For every further payment, he merely needs to log in to his PayPal account. Payments are always free of charge for buyers and are collected from the credit on the PayPal account, by direct debit or through the credit card specified in the account.

 

3. Delivery terms

Delivery date: Ordered goods will be delivered within 4 or 6 working days.

The delivery will be made to the delivery address specified by the customer. You will be informed by e-mail about the dispatch. The shipment will be handled by parcel services. The risk of loss of the goods passes to the customer as soon as the goods are handed over to him or if he is in default of acceptance when the goods have been already placed at the disposal of the customer.

Risk transfer for entrepreneurs shall start when the goods are handed to the carrier.

We may make partial shipments insofar as you can reasonably be expected to accept such. Should partial shipments be made, we will bear any additional shipping costs.

Orders placed via our online shop for Spain will only be delivered to customers in Spain.


 

4. Acceptance of the goods

To deliver your order, we make use of parcel services. In the event of delivery of damaged goods, please proceed as follows: If possible, report the damage goods immediately to the parcel service employee and document the degree and scope of the damage. This does not limit your warranty rights.

You may refuse the acceptance of damaged goods or send these goods back to us. To do so, please return the enclosed return form. Please feel free to contact our customer service if you have any further questions.

Contact details of our customer service:
Telephone: +34 965021584
E-Mail: customerservice.es@birkenstock.com

 

5. Lien

All goods delivered by us remain our property until full payment is made. To assert our lien, we may demand the immediate surrender of the goods subject to lien, excluding any right of retention, unless the counterclaims are undisputed or have been legally established.

 

6. Consumer Warranties

If the goods are damaged or have other defects or the wrong items have been shipped (e.g. incomplete shipment), you are entitled to statutory warranty rights against us. The statutory warranty period is 24 months, starting from the day on which the goods are handed over to you.

For entrepreneurs: The statutory warranty period is 12 months, starting from the day on which the goods are handed over to you. This shorter period of limitation shall not apply in the case of fraud or bad intention, if the items guaranteed by us are not as described, in cases of threat to life, physical integrity or health for which we are responsible and for any damage caused by us by gross negligence. In such cases, the statutes of limitation shall apply exclusively.

 

7. Liability

1. Birkenstock digital GmbH shall be fully liable for any damage from the threat to life, physical integrity or health resulting from a breach of obligations on the part of Birkenstock digital GmbH or a legal representative or agent of Birkenstock digital GmbH as well as for any damage caused by the absence of properties guaranteed by Birkenstock digital GmbH.

2. Birkenstock digital GmbH shall be fully liable for any damage caused by Birkenstock digital GmbH or by a legal representative or officer of Birkenstock digital GmbH by intent or gross negligence.

3. In the event of a breach of material contractual obligations by slight negligence, the liability of Birkenstock digital GmbH shall be limited to a limited amount and the foreseeable damage typical for the contract, except in the cases specified in paragraphs 1 and 5. Material contractual obligations are in general those obligations whose fulfilment is essential to the proper performance of the contract and on whose fulfilment a party may always rely.

4. Every further liability for damages is excluded, including but not limited to strict liability.

5. This is without prejudice to the legislation on product liability.

 

8. Default / Right of retention

If you are in default of payment, we reserve the right to charge you for the reminder fees for any necessary reminders; unless you furnish evidence to us that the costs for the reminders were not incurred by us or were lower than the asserted reminder fees. The reminder fees amount to € 0.00 for the first reminder and € 5.00 for the second reminder.

In the case of default of payment, we may also charge interest amounting to five (5) percentage points over the applicable base official interest rate.

Further rights and late interest due to default may be asserted even if the reminder fees and/or interest claims are asserted according to this section 8.

The customer shall have a right of retention only (i) insofar as it is based on the same contractual relationship and/or (ii) insofar as the counterclaims underlying the asserted right of retention are undisputed or have been legally established.

A default interest rate of eight (8) percentage points over the basis official interest rate and the exclusion of the retention rights shall apply for entrepreneurs, unless the counterclaims on whose basis the right of retention is asserted are undisputed or have been legally established.

 

9. Miscellaneous

If any of the abovementioned provisions is invalid or legally inapplicable, the other provisions shall not be affected.

Contracts under these terms and conditions entered into with consumers shall be governed by the Spanish compulsory law, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

With respect to entrepreneurs, the terms and conditions shall be governed by the German law, without prejudice to any provision of the Spanish compulsory law that may apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of execution and jurisdiction for entrepreneurs is Munich, Germany.

Online Dispute Resolution of the European Commission (ODR Platform).Consumers/users are hereby informed that they may use European Commission platform to resolve any of their claims online.

Information according to the German Alternative Dispute Resolution Act
There is no obligation and no willingness to participate in a dispute resolution procedure before a consumer mediation body.

The platform is available on the following link https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN

 

9.1 Shipping costs

The prices quoted on the product pages include the applicable value-added tax and other price elements. In addition to the prices quoted, we charge € 4.95 per order for the delivery in Spain. From an order value of at least € 80.00, we will deliver the goods free of charge within Spain (standard delivery).

 
Shipping method Payment method Credit card PayPal
Correos parcel   € 4.95 € 4.95
Correos parcel from € 80.00 purchase order   € 0.00 € 0.00
Shipping method Correos parcel Correos parcel from € 80.00 purchase order
Payment method
Credit card € 4.95 € 0.00
PayPal € 4.95 € 0.00
Shipping method Correos parcel Correos parcel from € 80.00 purchase order
Payment method
Credit card € 4.95 € 0.00
PayPal € 4.95 € 0.00