Skip Button
The product has been added to your shopping cart!

TERMS OF USE


LAST UPDATED JULY 2020

 

Welcome to the Birkenstock Canada Ltd. (Birkenstock) website www.birkenstock.com/ca (the “Site”). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"), as well as the terms set forth in our Privacy Notice, incorporated herein by reference. If you do not agree to all of these terms, please do not use the Site.  

General

We 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.
 

Site Contents

Unless 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 Birkenstock. The Contents and the Site as a whole are protected by United States, Canadian 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. Birkenstock reserves all rights not expressly granted in and to the Site and the Contents. All other trademark, service marks, company names or company logos, as used or referenced in the Site, are the property of their respective owners.

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. You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from this Site. Any unauthorized use terminates the permission or license granted by Birkenstock.
 

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Birkenstock 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 Birkenstock’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Birkenstock 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, Birkenstock will own exclusively all such Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Birkenstock 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. Accordingly, please do not post, upload, submit or share any Comments you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

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 Birkenstock may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity, in accordance with our Privacy Policy. To the extent permitted by law, by participating in Site contests, promotions, and/or requesting promotional information or product updates, Birkenstock may use your information for marketing and promotional purposes.
 

Product Information

Most Birkenstock products displayed at the Site are available in select Birkenstock retailers in Canada. 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 Canadian Dollars (CAD) and are valid and effective only in Canada. We ONLY ship to addresses within Canada.
 

Colours

We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
 

Links To Other Web Sites and Services

To the extent that this Site contains links to outside services, third party sites and resources, the availability and content of which Birkenstock does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, third party site or resource. We are not responsible for the availability of these third sites, resources or services and are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party site, resource or service contained in, referred to, included on, or linked from or to, the Site. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each third party website that you visit.
 

Prohibitions

These Terms of Use apply to all our websites, including microsites and mobile sites, all products and services offered to you when you visit our websites, and all other online service features, databases, plug-ins, applications, content, downloads, applications, platforms, and tools where these Terms of Use appear or are linked (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. You are prohibited from the following uses (the “Prohibited Uses”):

  • 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 Birkenstock 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, provincial, 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 Birkenstock’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 Birkenstock’s express prior written consent.

 

Limitation of Liability and Indemnity

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS 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. BIRKENSTOCK 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. BIRKENSTOCK 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.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIRKENSTOCK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIRKENSTOCK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES, INJURY, CLAIM OR LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BIRKENSTOCK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING FROM OR RELATED TO THE PROHIBITED USES OF THIS SITE BY YOU, ANY OTHER BREACH OF THESE TERMS OF USE BY YOU AND YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING “LIMITATION OF LIABILITY AND INDEMNITY” PROVISION MAY NOT APPLY THEREFORE SUCH PROVISION MAY NOT APPLY TO YOU.

NOTHING IN THIS SECTION IS INTENDED TO LIMIT REMEDIES FOR PRODUCT-RELATED INJURY OR RELATED INJURY ARISING FROM ANY EXPRESS PRODUCT WARRANTIES.

BIRKENSTOCK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF BIRKENSTOCK’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Errors

Birkenstock endeavors to display all information correctly, but occasionally the posted information may not be accurate. Product information and other information are subject to change without notice. From time to time there may be information on birkenstock.com/ca 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.

 

Your Account

In order to access some features of the Site, you will have to create an account. You may never use another individual’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 Birkenstock immediately of any breach of security or unauthorized use of your account. Although Birkenstock will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Birkenstock or others due to such unauthorized use.

 

Customer Service

Our Customer Service Specialists are ready to assist you and address your concerns—email customerservice.ca@birkenstock.com or call (855) 999-4166 (toll-free).

In the event that our customer service team is unable to resolve your concern, to the extent permitted by law, you 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 Birkenstock Canada 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 Birkenstock Canada both further agree that we may each bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of Birkenstock Canada services and products. We reserve the right to make changes to our Site, policies and these Terms of Use at any time and may provide notice of such changes in our discretion or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These Terms of Use constitute the entire agreement between you and Birkenstock regarding the use of the Site.

 

Applicable Law

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the jurisdiction of the courts located in Toronto, Ontario.

 

Termination

This Agreement is effective unless and until terminated by either you or Birkenstock Canada. You may terminate your account at any time. Birkenstock Canada also may terminate your account or this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Birkenstock Canada's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of your account of this Agreement by either you or Birkenstock Canada, 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.

 

Miscellaneous

Unless otherwise specified and except to the extent Birkenstock Canada products are offered for sale in Canada through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Birkenstock products and services available in Canada. This Site is controlled and operated by Birkenstock Canada from its offices in Brossard, Québec.