GeneralWe may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers or distributors.
Site ContentsUnless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are owned or licensed by BUSA. The Contents and the Site as a whole are protected by United States and international laws, including, but not limited to copyright, trademark, trade dress and/or other intellectual property laws. No right, title or interest in any of the Contents is transferred to you as a result of your use of the Site. BUSA reserves all rights not expressly granted in and to the Site and the Contents.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may not use the Site or its Contents for any resale or commercial purpose. Any use of robots or similar data mining, gathering or extraction tools is prohibited, as is any collection of product listings, descriptions, or prices. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Any unauthorized use terminates the permission or license granted by BUSA.
User Comments, Feedback, Postcards and Other SubmissionsAll comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BUSA on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain BUSA’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BUSA of all worldwide right, title and interest in and to such Comments, including, but not limited to, all copyrights, privacy and other intellectual property rights. Thus, BUSA will own exclusively all such Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BUSA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyrights, privacy and other intellectual property rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that BUSA may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that BUSA may use your information for marketing and promotional purposes.
BUSA's Communications To YouBUSA may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of BUSA’s products or services, or for such other purpose(s) as BUSA deems appropriate. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Product InformationMost BUSA products displayed at the Site are available in select Birkenstock retailers in the United States. In some cases, merchandise displayed for sale at the Site may not be available in Birkenstock stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. We ONLY ship to addresses within the United States.
ColorsWe have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
- Violating or attempting to violate the security of the Service;
- Altering or attempting to alter, destroy or upload any content on the Service;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by BUSA or other third party commercially available web browsers) to navigate or search the Service;
- Impersonating any other person while using the Service;
- Using the Service to violate any local, state, federal or international laws;
- Using the Service to violate any third-party right, including any intellectual property or privacy right;
- Using the Service to stalk, harass or harm another individual;
- Using the Service to collect or store personal data about other users without their consent;
- Using the Service in a manner that suggests an unauthorized association with any of our licensors' products, services, or brands;
- Modifying, making derivative works of, disassembling, reverse compiling or reverse engineering any part of the Service or accessing the Service in order to build a similar or competitive site or service;
- Introducing software or automated agents or scripts to the Service so as to produce multiple accounts or to strip, scrape, or mine data from the Service;
- Sending unsolicited or unauthorized email, including promotions and/or advertising without BUSA’s express prior written approval;
- Using any high volume, automated, or electronic means, including, without limitation, robots, spiders, scripts or other automatic device, to access the Service or monitor or copy Service pages or the content contained thereon (other than the normal activities of commercially available search engines); or
- Framing Service pages, placing pop-up windows over its pages, or otherwise affecting the display of its pages without BUSA’s express prior written consent.
Disclaimer, Limitation of Liability and IndemnityTHIS SITE, AND ALL CONTENTS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. BUSA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. BUSA DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE.
NOTHING IN THIS SECTION IS INTENDED TO LIMIT REMEDIES FOR PRODUCT-RELATED INJURY OR RELATED INJURY ARISING FROM ANY EXPRESS PRODUCT WARRANTIES.
BUSA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
Inaccuracy DisclaimerFrom time to time there may be information on birkenstockusa.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your birkenstockusa.com purchase you may return it. Please see our Return Policy.
Your AccountIn order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BUSA immediately of any breach of security or unauthorized use of your account. Although BUSA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BUSA or others due to such unauthorized use.
Disputes: Mandatory Arbitration, Class Action Waiver, Jury Trial WaiverOur Customer Service Specialists are ready to assist you and address your concerns—email firstname.lastname@example.org or call (844) 505-4055 (toll-free).
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from BUSA through this Site, will be resolved solely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. You and BUSA both further agree that we may each bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: C T Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017. You agree that the arbitration will be conducted by the American Arbitration Association (‘AAA’), https://www.adr.org, or 1.800.778.7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. BUSA will reimburse those fees for claims totaling less than $10,000. Likewise, BUSA will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed-upon location.
CLASS ACTION AND JURY TRIAL WAIVERS. You and BUSA agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, aggregated, representative or collective action basis. The arbitrator shall be empowered only to hear and determine an individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and BUSA each waives any right to a jury trial or to bring a class, consolidated, aggregated, representative or collective action against the other.
ARBITRATIONS AND COURT ACTIONS DIFFER. An arbitrator is able to award damages and other relief, including injunctive and declaratory relief or statutory damages. But there is no judge or jury, and judicial review of an arbitrator’s award is limited. Discovery in arbitration is also limited in accord with AAA rules. In addition, as set forth above, you are waiving any ability for an arbitrator to oversee or determine class, consolidated, aggregated, representative or collective actions.
IMPORTANT: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, CONSOLIDATED, AGGREGATED, REPRESENTATIVE OR COLLECTIVE ACTION. OTHER RIGHTS AND REMEDIES THAT YOU OR BUSA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
MiscellaneousUnless otherwise specified and except to the extent BUSA products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting BUSA’s products and services available in the United States. This Site is controlled and operated by BUSA from its offices in Novato, California.
TerminationThis Agreement is effective unless and until terminated by either you or BUSA. You may terminate this Agreement at any time. BUSA also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in BUSA's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BUSA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
LAST UPDATED [9.19.16]
Online Privacy NoticeBirkenstock USA, LP (“Birkenstock”, “we”, or “us”) respects your privacy. This Online Privacy Notice describes how we collect, use, and share information about you that we obtain through our website (the “Site”). If we change this Notice, we will post an updated version on the Site and change the date at the top of this page to reflect the most recent revision.
- Information Collection
- Information Use
- Data Analytics
- Information Sharing
- Links to Other Websites
- Your Choices
- Children’s Privacy
- Information for Users Outside the United States
- Contact Us
Information CollectionWe may collect information directly from you, including personal information such as your name, email address, shipping/billing address, phone number, credit card number, and other personally identifiable information, when you visit our Site, place an order online or by phone, save your information with us online, contact us with a question or concern, or participate in a contest, promotion, or survey. You can choose not to provide certain information, but then you may not be able to take advantage of certain features. We maintain a record of your product interests and the purchases you make online or by phone. We may combine all of this information with information about you that we acquire from our joint marketing partners, and from unrelated third parties.
Information UseWe may use your information about you to operate the Site and to deliver the content and services you request. In addition, we may use information about you for other lawful purposes, including to:
- Process and fulfill your order, including to send you emails to confirm your order status and shipment;
- Respond to requests, Comments, or questions, and to provide customer support;
- Communicate with you, such as by sending you information about our products, services, and promotions;
- Learn more about your shopping preferences, to help personalize and improve your online experience;
- Improve the Site and other products and services we may offer;
- Monitor and analyze Site usage, trends, and statistics;
- Protect the security and integrity of the Site, prevent fraudulent transactions or other misuse, and monitor against threats;
- Comply with legal requirements, industry standards, and our policies; or
- For any other purpose, with your consent.
You may be able to set your browser to not accept cookies, or to notify you when you are sent a cookie so that you may decide whether or not to accept it. If you do not accept cookies, however, you may not be able to access your account information or make purchases on the Site.
This Site uses third-party web analytics services such as Google Analytics to help us analyze how visitors use the Site. To learn more about opting out of data collection through Google Analytics, click here.
Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, this Site is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, click here.
Information about your use of the Site and other websites may be collected across time and services, and used for various purposes such as to associate different devices you use, and to deliver relevant and retargeted content, including interest-based advertising.
Information SharingWe do not sell, rent, or share your information, except as is described in this Notice. We may permit our agents, vendors, consultants, and other service providers to access information collected through the Site to carry out work on our behalf. For example, we may share your information with our service providers who help us to fulfill customer orders, send communications, or conduct surveys. We do not authorize these service providers to make any other use or disclosure of your information.
In the event of a sale, merger, or other transfer of our assets, personal information and other information we have collected as described in this Notice may be among the transferred business assets, or may be shared with third parties as part of the transaction or negotiation.
SecurityAlthough the security of information transmitted via the Internet cannot be guaranteed, we strive to provide you with a safe and convenient shopping experience. We have implemented appropriate safeguards to protect the security and privacy of personal information we obtain through the Site. For example, when you enter your personal information on our Site, we use Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. To make sure you are accessing our secure server before you submit personal financial information, look at the lower left-hand corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL or Location line of your browser. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https."
Your ChoicesYou may review and change certain personal information we collect, such as your name and contact information. To access your information, simply sign in to your account using your email address and password, and you will be able to edit your personal information. To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting your profile access to make corrections. You are responsible for maintaining the secrecy of your password and account information at all times.
You may opt out of receiving promotional email communications from us by following the instructions provided in those communications. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as emails regarding your orders and other business transactions with us.
As discussed above, many web browsers include options that allow users to disable existing cookies or stop accepting new cookies. Please note that if you disable cookies certain features of this Site may not work properly, and disabling cookies may invalidate opt outs that rely on cookies to function.
Children’s PrivacyThe Site is not intended for use by children under the age of 13, and we do not knowingly collect information from children under the age of 13. If we learn that we have collected such information, we will delete it.
Information for Users Outside the United StatesIf you are visiting this Site from outside the United States, please be aware that information we collect through the Site may be transferred to and stored on our servers in the United States. By using this Site, you acknowledge and consent to the transfer and processing of your personal data in the United States as described in this Privacy Notice. Please be aware that the data protection laws and regulations applicable to your personal data transferred to the United States may be different from the laws in your country of residence.
Contact UsIf you have questions regarding this Privacy Notice or about our information practices, you may contact us via email at email@example.com, or by writing to:
8171 Redwood Blvd
Novato, CA 94945
Last Updated: November 2016
iii. RETURN POLICY
RETURN POLICYThank you for selecting Birkenstock. Every item is backed by our long tradition of selling quality footwear. If you are unsatisfied with your purchase, simply ship it back to us within 30 days of receiving your order, in new and unworn condition with original packaging, and we will happily issue a refund.
Log in to your profile to access your order history. Click the return button to generate a return authorization and prepaid return shipping label. These labels are for items returned from continental U.S., Alaska and Hawaii addresses only.
- Keep the UPS number for follow up if needed.
- Returns will only be received up to 30 days from delivery of your merchandise.
- Complete the form on the packing slip as this will help us to expedite your return. You can only use the return form for products itemized on the packing slip.
- All merchandise received back must have the shipping label generated from our website and be in their original purchase condition (not worn) including product packaging.
- Returns are subject to inspection upon receipt. All packages, including original containers, must be unmarked and not defaced in any manner.
Once we receive and inspect your return we will issue a credit to you for the value of the merchandise (including any sales tax, if applicable), which will be applied to the credit card used on the original purchase. Any shipping charges that may apply will not be refunded. Please allow 2-3 weeks (including transit time) for the processing of your refund.
Please note, we can only accept returns from purchases made on www.birkenstock.com/US. If you made a purchase from an independent retailer or another online retailer, please return the product to the store from which you purchased, under the guidelines of their respective return policy.
Items purchased on www.birkenstock.com/US can only be returned using the prepaid UPS label generated from our website, and cannot be returned to an independent retailer or another online retailer.
iv. SHIPPING POLICY
SHIPPINGBirkenstock USA is headquartered in California. We fulfill orders from our centrally-located warehouse in Kentucky. We only ship to the continental U.S., Alaska and Hawaii. We do not ship internationally.
We offer Free UPS Ground shipping on orders over $50 for the continental U.S. Our Free Shipping promotion is calculated before any tax and after any discount is applied. Orders under $50 will be charged a flat rate of $10 for ground delivery within the continental U.S.
Orders to Alaska and Hawaii are not eligible for free shipping. A flat rate of $15 will be charged regardless of order value.
UPS SurePost will be utilized for continental U.S. deliveries to PO boxes.
Standard orders ship via UPS Ground and shipping time will vary based on your location. You can check the status of your order using the UPS tracking number on your confirmation email, or by viewing order status in your account
Eligible orders can be upgraded for expedited delivery:
- UPS 2 Day Select - $25 for all orders ($30 to Alaska and Hawaii)
- UPS 3 Day Select - $15 for all orders ($20 to Alaska and Hawaii)
Please note it can take up to five full business days from the time you place your order online for it to be processed and ship from our warehouse. Please allow 7-10 business days from shipment. You will receive an email confirmation as soon as your order ships.
v. TAX POLICY
TAXTax is collected for purchases made from New York, Kentucky and California. Tax is based on tax rates for your taxing jurisdiction derived from the ship-to address being used for your order. Some states offer tax exemptions and exceptions for certain apparel items. In these states Birkenstock does not charge sales tax. Tax, if applicable, is also applied to the shipping charges.
If an item is returned for a refund, a refund for the taxes paid on the original purchase will also be received.
vi. COUNTERFEITSEnsure your Birkenstock product is authentic by purchasing on www.birkenstock.com/us or through an authorized Birkenstock reseller.
We partner with the finest independent and national retailers in the country to provide the highest level of customer service.
COUNTERFEITSWhen you choose a Birkenstock shoe or sandal you’re not only choosing footwear that will last for years with proper care, but you also get the reassurance that your footwear has been produced following our strict manufacturing standards, environmental practices and use of natural, responsibly-sourced materials.
All Birkenstock brand sandals and footbeds are made in Germany and our shoes and boots are made in Europe.
Counterfeits or copies are inevitably cheaply-made imitations that do not offer the same comfort, quality or assurances of genuine Birkenstock brand products. They can be made with questionable materials in unregulated factories.
AVOIDING COUNTERFEIT PRODUCTThe ONLY way to be absolutely sure that the item you are buying is a genuine Birkenstock is to purchase from Birkenstock.com/US or through an authorized Birkenstock dealer.
Be wary of websites that offer “Birkenstock” products on sale or at deep discounts. If you are offered a “Birkenstock” at a price that seems too good to be true, it probably is.
Any website that offers to ship you Birkenstock products from another country into the U.S. is operating illegally. You may receive a counterfeit product or nothing at all.
Bottom line, be cautious and ONLY shop from authorized retailers.