GENERAL TERMS AND CONDITIONS

 

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

 

1. Contracting partner

These general terms and conditions (“GTC”) shall apply to all orders of products placed by you as a customer (“you”) on the website www.birkenstock.com/se and thereto related pages (the “Website”). In order to place an order through the Website, you must accept these GTC. By accepting these GTC, you undertake to comply with these GTC in their entirety and acknowledge and confirm that you have read the information on personal data and cookies and approve of the use of your personal data according to Birkenstock’s Privacy Policy. Information about Birkenstock’s processing of personal data can be found in the Privacy Policy, which constitutes an integral part of these GTC.


Your contracting partner for all orders placed through our online shop on the website www.birkenstock.com/se (the “Website”) is

Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt (Wied).
Germany
(hereinafter referred to as “Birkenstock”, “we” and “our”).
The company's registered office is in Munich, Germany (Munich District Court commercial register:HRB 221033)
VAT ID: SE502077756001
Managing Directors: Philipp Tueroff

Tel.: +46 (0) 840 308 790
E-Mail: customerservice.se@birkenstock.com

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

 

2. How a Contract is Formed Between You and Us

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. The purchase contract will come into existence upon our acceptance of your offer as set forth further below.

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, 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 credit card, the acceptance of your offer by us will take place by means of the debiting of the amount to the specified credit card account or 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.

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 revocation for consumers

3.1 Statutory right of revocation

Only our customers who are consumers in the meaning of Chapter 1, Section 2 of the Swedish Distance and Off-Premises Contracts Act are entitled to the following right of revocation.“ INFORMATION ON THE RIGHT OF REVOCATION

 

RIGHT OF REVOCATION

You may revoke this contract within 14 days without specifying reasons in accordance with applicable consumer protection legislation (Sw. konsumentskyddslagstiftning). The revocation 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 revocation, you need to, prior to expiry of the revocation period, send us a clear message about your decision to exercise your right of revocation (e.g. a letter sent by mail, telefax or e-mail). You should state you name, your address and other relevant information e.g. your phone number or e-mail address. If you prefer, you may use the standard form for revocation that the Swedish Consumer Agency has prepared (see [www.birkenstock.com/se). You may also exercise your right of revocation by sending an explicit declaration (e.g. a letter, fax or e-mail) of your decision to revoke this contract to

Birkenstock digital GmbH, Birkenstock Campus, 53577 Neustadt (Wied),Germany
E-Mail: customerservice.se@birkenstock.com
Telephone: +46 (0) 840 308 790

For this, you may use the enclosed revocation form, which, however, is not mandatory.

To comply with the revocation period, you merely need to send the notification concerning the exercise of the right of revocation prior to the expiry of the revocation period.

 

CONSEQUENCES OF THE REVOCATION

If you revoke 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 receive the declaration of your revocation 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 revocation of this contract. The good shall be sent to our warehouse at the following address

Birkenstock
c/o DP DHL
SE - 20794 Malmö

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 not necessary for checking their quality, properties and functionality.

 

Revocation form

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

To
Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt/Wied
Germany

Tel.: +46 ((0) 840 308 790
E-Mail: customerservice.se@birkenstock.com
 

I/we (*) hereby give notice that I/We (*) cancel my/our (*) contract for the purchase of the following goods (*).

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:

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.: +46 ((0) 840 308 790

E-Mail: customerservice.se@birkenstock.com

Please note the following additional information:

Following a revocation, 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 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 or Swedish. 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/se and thereto related pages (the “Website”). 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 Sweden, we charge 50 kr. Please refer to our table of shipping costs for information on the applicable conditions.

From an order value of at least 800 kr we will deliver the goods free of charge to Sweden (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.

 

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.

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.com/se, 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 three or six 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 or if he is in default of acceptance.

If the customer is an entrepreneur, the risk for the ordered good passes to the customer when the product has been handed over to the carrier or other nominated entity to carry out the shipment.

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 Sweden will only be delivered to customers in Sweden.

 

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:
Tel.: +46 ((0) 840 308 790
E-Mail: customerservice.se@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 shall have no liability in case products are sold out and reserves the right for any image or typographical errors on the Website, e.g. errors in the product description, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Birkenstock is entitled to rectify any such errors and, at any time, to change or update the information. If the wrong price has been provided for a product ordered by you, Birkenstock will naturally notify you accordingly and await your approval of the amended price prior to Birkenstock continuing with the order process.

Any image details on the Website shall be considered as illustrations only. Such illustrations do not guarantee to reproduce the exact number of products you receive nor the exact appearance, function or origin of the product. Birkenstock is not responsible for any information by third parties on the Website.

If you are a consumer, you are always entitled to lodge complaints for products bought from the Website within three years. The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any consumer who wishes to file a complaint for any product ordered shall, as soon as possible after discovering the defect, contact Birkenstock digital GmbH through the contact details provided on the Website. Complaints made within two months from the consumer discovering the defect, will always be considered as having been given in due time.

Birkenstock digital GmbH will carry the cost for the return freight for any approved complaints.

Once a product, for which a complaint has been filed, is returned and the complaint approved, Birkenstock digital GmbH will refund the customer in compliance with applicable consumer protection legislation. Birkenstock digital GmbH strives to do so within 30 days from receipt of the complaint by the customer, but it may be delayed depending on the nature of the product. Birkenstock digital GmbH reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.

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

7.5 The liability under the Swedish Product Liability Act (Sw. produktansvarslagen) 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 kr for the first reminder and 50 kr for the second reminder.

In the case of default of payment, we may also charge consumers 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 base interest rate in accordance with Section 6 of the Swedish Interest Act (Sw. räntelagen) 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

Birkenstock digital GmbH reserves the right to change these GTC at all times. Any changes to these GTC will be posted on the Website. Changes will become valid once you have accepted the GTC (in connection with a new purchase or while browsing the Website), alternatively 30 days after Birkenstock digital GmbH has informed you of the changes. However, Birkenstock digital GmbH recommends that you regularly remain updated on the Website in order to become aware of any changes to the GTC.

Contracts under these GTC 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), or any other applicable mandatory legislation.

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

If you are a consumer and we cannot find an amicable solution in case of a claim, you can submit your claim to the National Board for Consumer Disputes (“NBCD”) (Sw. Allmänna Reklamationsnämnden). Birkenstock digital GmbH complies with the decisions of the Swedish National Board for Consumer Disputes.

You may contact NBCD via their website or address
Website: www.arn.se
Address: P.O 174, 101 23 Stockholm, Sweden

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.

You also have the option to submit your claim to the EU Commission’s online dispute resolution platform: www.ec.europa.eu/consumers/odr

 

9.1 Shipping costs

The prices quoted on the product pages contain the statutory value-added tax and other price components. In addition to the prices quoted, we charge 50 kr per order for the delivery in Sweden. From an order value of at least 800 kr, we will deliver the goods free of charge within Sweden (standard delivery).

Shipping method Payment method Credit card PayPal
Posten SE (DHL WP)   kr 50.00  kr 50.00
Posten SE (DHL WP) from 800 kr goods value   kr 0.00  kr 0.00
UPS Express   kr 140.00 kr 140.00
Shipping method Posten SE (DHL WP) Posten SE (DHL WP) from 800 kr goods value UPS Express
Payment method
Credit card kr 50.00  kr 0.00  kr 140.00 
PayPal kr 50.00 kr 0.00  kr 140.00 
Shipping method Posten SE (DHL WP) Posten SE (DHL WP) from 800 kr goods value UPS Express
Payment method
Credit card kr 50.00  kr 0.00  kr 140.00 
PayPal kr 50.00 kr 0.00  kr 140.00