TERMS OF SALE
These Terms of Sale (“Terms") and all applicable laws and regulations govern the sale of products listed on the Birkenstock website: www.birkenstock.com/ca (the “Site") administered by Birkenstock Canada Ltd. (““Birkenstock", “we", “us" or “our"). These Terms and the accompanying order summary page constitute the entire agreement between you and Birkenstock relating to the matters set forth herein, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral (the “Sales Agreement").
1. Payment Terms
A current and valid accepted payment method is required in the form indicated during the order process (the “Payment Method"). Unless otherwise agreed to by us, payment must be received by Birkenstock prior to its acceptance of an order. All listed prices are in Canadian Dollars and are exclusive of applicable sales taxes.
2. Your Account
If you choose to set up an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered. The Site only sells products to individuals who can purchase with a credit card.
3. Orders and Availability
All products listed on our Site are invitations to purchase and not offers to sell. After placing an order, you will receive an email from Birkenstock acknowledging that we have received and accepted your order (the “Order Confirmation"). The Order Confirmation shall include a copy of these Terms. Your order will be complete when we send you the Order Confirmation, and you provide payment.
You warrant that all information you provide to Birkenstock in connection with your order is complete and accurate. 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 and, in such cases, your payment will not be processed. 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.
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.
We will endeavour to deliver all the products you have ordered within the time period specified in your Order Confirmation. We only ship to Canadian addresses.
If you have received your shipping confirmation email, but your products have not arrived within the time specified in the Order Confirmation email, please contact us, and we will take all reasonable steps to assist you.
If you are not completely satisfied with your online purchase you may return it. Please see our Return Policy for more details.
6. Customer Service
Our Customer Service Specialists are ready to assist you and address your concerns—email email@example.com or telephone 855-999-4166.
Birkenstock endeavors to display all information correctly, but occasionally the posted information may not be accurate. Product information, product pricing and other information are subject to change without notice and, in our sole discretion. From time to time there may be information on our Site 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.
As colours vary between monitors and operating systems, we cannot guarantee that the colours that appear on your screen accurately reflect the actual colours of products. We will not be held responsible for any such errors. We will use commercially reasonable efforts to correct such errors that we become aware of, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Please let us know if you become aware of any errors.
8. Disclaimer of Warranties
Except where prohibited by law, our Site is provided on an “as is” and “as available” basis. Birkenstock makes no warranties, expressed or implied, as to the operation of the Site or its contents and hereby disclaims and negates all other warranties or conditions, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
9. Disclaimer of Warranties
Except where prohibited by law, in no event will Birkenstock or its subsidiaries, affiliates, or any of their respective directors, officers, employees, agents, representatives, volunteers, shareholders, successors and assigns be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages or for any failure to realize expected savings, any use or misuse of the product, any loss of revenues, profits, or goodwill, data or other intangible loss, loss of computer time, or any other commercial or economic loss arising from the use or inability to use products listed on our Site, even if Birkenstock has been notified orally or in writing of the possibility of such damage. Buyers acknowledge and agree that Birkenstock is not responsible for any damages or injuries from products purchased on our Site.
You agree to indemnify and hold harmless Birkenstock, and its subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, representatives, volunteers, shareholders, successors and assigns from any and all claims, liabilities, expenses and damages, including reasonable legal fees and costs, made by any third party relating to or arising out of your use or attempted use of the Site in violation of these Terms.
In addition to any remedies that may be provided under these Terms, we may terminate this Sales Agreement with immediate effect upon written notice to you if you: (a) fail to pay any amount when due under this Sales Agreement; or (b) have not otherwise performed or complied with any of these Terms, in whole or in part.
12. Miscellaneous Provisions
These Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario. You agree that any legal action in connection with any matters related to the Agreement will be subject only to the jurisdiction of the provincial and federal courts located in Toronto, Ontario. You may not assign or transfer these Terms without Birkenstock’s prior written consent. Birkenstock may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. Your use of any product sold on our Site is independent of Birkenstock and not as an employee, agent, partner, or joint-venture with Birkenstock for any purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section titles herein are displayed for convenience only and have no legal effect. Birkenstock will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by event(s) outside of our reasonable control (force majeure event).