GENERAL TERMS AND CONDITIONS

 

I. INFORMATION ON DISTANCE SALES AND ON THE CONCLUSION OF CONTRACTS IN ELECTRONIC BUSINESS

 

1. Contracting partner

Your contracting partner for all orders placed on the website www.birkenstock.com/ie is

Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt (Wied)
Germany

The company's registered office is in Munich, Germany (Munich District Court commercial register:HRB 221033)
VAT ID: IE3422691OH
Managing Directors: Günter Frauendorfer

Tel.: +353 (0) 16859332
E-Mail: customerservice.ie@birkenstock.com

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

 

2. Coming into existence of the contract in electronic business

The goods offered in the online shop do not represent any binding offer for conclusion of a purchase contract. They merely represent an invitation to submit a binding offer. When you submit your order by clicking the "Order with fee" button, you submit a binding offer for concluding 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") No purchase contract comes into existence by means of this 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 the "Go to Checkout". You will be asked to enter your personal data (which will be subject to our Privacy Policy), select a payment method and acknowledge the customer information. You can cancel the order process whenever you wish or complete it by clicking the "Order with fee" 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. In this case, a separate contract comes into existence between us for each dispatch and contract confirmation for the goods listed in the respective dispatch and contract confirmation.

In the case of purchase on account or cash on delivery, the binding acceptance of your offer will take place by means of the dispatch of the ordered goods.

In the case of payment by PayPal, the acceptance of your offer by us will take place by means of your payment order.

In the case of payment by credit card, the acceptance of your offer by us will take place at the first to occur of (i) the debiting of the amount to the specified credit card account or (ii) the dispatch of the ordered goods.

In the case of payment by PayPal, the acceptance of your offer by us will take place by means of your payment order.

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 and contract 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/withdrawal for consumers

3.1 Statutory right of cancellation:

Only our customers who are consumers in the meaning of Section 13 of the German Civil Code (BGB) are entitled to the following right of cancellation.

 

INFORMATION ON THE RIGHT OF CANCELLATION

RIGHT OF CANCELLATION

You may ancel this contract within 14 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 us

Birkenstock digital GmbH, Birkenstock Campus, 53577 Neustadt (Wied),Germany
E-Mail: customerservice.ie@birkenstock.com
Tel.: +353 (0) 16859332

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

To comply with 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 delivery method other than the most inexpensive standard delivery offered by us) without delay within 14 days of the date on which we are informed 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 digital GmbH
Marler Str. 181
46282 Dorsten
Germany

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 value loss of the goods only if this value loss is caused by any handling of the goods beyond that necessary to establish their quality, properties and functionality.

 

(If you want to cancel the contract, please complete this form and send it back.)

Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt/Wied
Germany

Tel.: +353 (0) 16859332

E-Mail: customerservice.ie@birkenstock.com
 

I/we (*) hereby give notice that I/we cancel the contract concluded by me/us (*) 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 revocation might be processed:

Should you revoke 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 in cases of doubt, please contact our customer service at:

Tel.: +353 (0) 16859332

E-Mail: customerservice.ie@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 revocation pursuant to section 3.1 remains unaffected by the information and notes in this section 3.2.

 

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

The contract text will not be stored/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. The contract is concluded in English. Before submitting your order, i.e. before clicking the "Order with fee" button, you will have the opportunity to review the order and correct any input errors. Please carefully review your order.

 

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

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

 

1. Prices / availability / delivery restrictions

Our prices include the statutory value-added tax valid at the time of the order. We charge a shipping fee. For standard delivery in Ireland, we charge € 4.95. Please refer to our table of shipping costs for information on the applicable conditions and charges for delivery in Ireland [and other countries]. From an order value of at least € 80.00, we will deliver the goods free of charge to Ireland (standard 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 and we will refund all payments and charges already paid by you. We will notify you of this by e-mail.

Subject to errors and changes. Where any price on the online shop is incorrect, or where we are compelled to change any term of our contract, including for example delivery charges, we will notify you by email as soon as possible. We will give you an opportunity to decide whether you wish to proceed with your purchase at the revised price or term, or whether you wish to withdraw from your purchase and your contract with us, without penalty or charge to you. 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 individual cases.

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

2.2 Credit cards

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 from the credit card specified in the account.

 

3. Delivery terms

Delivery date: Provided that your order is accepted, the ordered goods will usually be delivered within 4 or 5 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 accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to him (Section 446 sentence 1 of the German Civil Code (BGB)) or if he is in default of acceptance (Section 300 (2) of the German Civil Code (BGB)), except where mandatory local law provides that risk remains with us as seller.

Notwithstanding Section 446 line 1 of the German Civil Code (BGB), the risk transfer for entrepreneurs shall be governed by Section 447 of the German Civil Code (BGB).

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 Ireland will only be delivered to customers in Ireland.

 

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 complete and return the return form that is enclosed with the goods. Please feel free to contact our customer service if you have any further questions.

Contact details of our customer service:
Tel.: +353 (0) 16859332
E-Mail: customerservice.ie@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 under exclusion of any right of retention, unless the counterclaims are undisputed or have been legally established.

 

6. Liability for defects

Birkenstock is legally obliged to supply goods which are in conformity with the contract.

If the goods are damaged or have other defects (e.g. incomplete shipment), you shall have the 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, unless a longer period is provided by applicable law.

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, if properties guaranteed by us are missing, in cases of injury to life, body 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

7.1 Birkenstock digital GmbH shall be fully liable for any damage from the injury to life, body 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.

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

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

7.4 To the fullest extent permitted by applicable law, every further liability for damages is excluded, including but not limited to strict liability.

7.5 The liability under the German Product Liability Act (ProdHaftG) remains unaffected.

 

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 much 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 interest rate.

Further damage 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 interest rate and the exclusion of the retention rights of Sections 273 and 320 of the German Civil Code (BGB) 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

Contracts under these terms and conditions shall be governed by the laws of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), and subject to any mandatory provisions of local consumer law that may apply by operation of law.

The place of fulfilment and jurisdiction towards entrepreneurs is Munich, Germany.

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.

European Commission online dispute resolution

 

9.1 Shipping costs

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

Shipping method Payment method Credit card PayPal
Standard UPS   € 4.95  € 4.95
Standard UPS from € 80.00 goods value   € 0.00  € 0.00
UPS Express   € 15.00 € 15.00
Shipping method Standard UPS Standard UPS from € 80.00 goods value UPS Express
Payment method
Credit card € 4.95  € 0.00  € 15.00 
PayPal € 4.95 € 0.00  € 15.00 
Shipping method Standard UPS Standard UPS from € 80.00 goods value UPS Express
Payment method
Credit card € 4.95  € 0.00  € 15.00 
PayPal € 4.95 € 0.00  € 15.00