Please note:

1) Pursuant to Sec. 312g para. 2 no. 1 BGB, the right of cancellation, unless otherwise agreed by the parties, does not exist in case of delivery of goods which are not pre-manufactured and for the production of which an individual selection or determination of the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Cancellation form template

(If you wish to cancel the contract, please fill in this form and send it back to us.)

To
Birkenstock Europe GmbH
Burg Ockenfels
53545 Linz am Rhein, Germany

Phone: +49 (0)2683 5099 916
Fax: +49 (0)2683 5099 939
Email: customerservice.de@birkenstock.com
 

I/we (*) would hereby like to cancel the contract concluded by me/us (*) regarding the purchase of the following goods (*)/the performance of the following services (*)

Ordered on (*)/received on (*)

Name(s) of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of notice by letter)

Date

(*) Please delete where appropriate

 

3.2 Additional information on the processing of a cancellation:

If you wish to cancel your order, a return label is enclosed in your parcel. Should this not be the case, you can request a return label via our customer service.

Please do not return any goods without notice or label.

In case of any questions or in case of doubt, please contact our customer service.

Phone: +49 (0)2683 5099 916

Fax: +49 (0)2683 5099 939

Email: customerservice.de@birkenstock.com

Please also note the following additional information:

In a few exceptional cases within the framework of a cancellation, a refund of the payment we received from you via the same means of payment may be impossible for technical reasons. In the individual case, we will then agree with you on another common payment method for the refund. This will under no circumstances result in additional costs for you.

We will bear the costs for returning the items.

Your statutory cancellation right pursuant to clause 3.1 will in any case remain unaffected by the information and notes of this clause 3.2.

 

4. Other information (possibility of corrections, saving of the text of the contract, language of the contract)

The text of the contract is not saved by us and is not accessible after the completion of the order process. However, you have the possibility to print out the order details immediately after submitting the order. The contract is concluded in German. Before submitting your order, i.e. before clicking on the “Submit order” button, you will have the opportunity to check and correct any errors in the information you entered. Please review your order carefully.

 

II. Additional General Terms and Conditions (GTC) of Birkenstock Europe GmbH (as of: May 2016)

The following conditions apply for all orders via the website www.birkenstock.com/de. The GTC applicable at the time of the order apply.

 

1. Prices / availability / delivery restrictions

Our prices contain statutory VAT applicable at the time of the order. We do not charge a fixed shipping fee. There are additional fees for dispatch by cash on delivery, as you can see in our shipping fee table.

There are additional fees for dispatch by cash on delivery, as you can see in our shipping fee table.

Please note that we sometimes only offer special promotions for a limited period of time. Furthermore, offers depend on availability. The availability of a product can vary depending on the requests of the customer (size, color etc.), but is shown for each product.

If we are unable to deliver an article, we will have to cancel the order. You will be informed accordingly via email.

Subject to errors and changes. Offers are valid while stocks last.

 

2. Payment conditions

2.1 Accepted payment methods / general conditions

As regards the payment of your products, you can choose between the following accepted payment methods:

• invoice
• credit card
• PayPal
• immediate transfer (Sofortüberweisung)
• cash on delivery
• Apple Pay

Irrespective of the chosen payment method, you will receive an invoice via email. The order overview in the shop cannot be used as an invoice.

Birkenstock Europe GmbH reserves the right to exclude certain payment methods in individual cases.

We receive information of relevance for your creditworthiness concerning your previous payment behavior and information to assess the risk of non-payment on the basis of mathematical-statistical procedures by using address data (scoring) from infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany

A scoring only takes place if you choose to pay via invoice.

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

2.2 Invoice

In case of payment via invoice you undertake to pay the invoice amount within fourteen (14) days as from the invoice date without any deductions for prompt payment. If we do not receive your payment in due time, you will be in default of payment.

2.3 Credit card

In case of payment via credit card your account will be charged upon the dispatch of the goods. We accept Visa, MasterCard and American Express.

2.4 PayPal

You can also choose to pay via the online payment service PayPal. In order to make payments, the buyer only needs a PayPal account which is free of charge. When registering on www.PayPal.com, the buyer only enters the account details once. For every subsequent payment process, the buyer only needs to log into the PayPal account. For buyers, payments are always free of charge and are made from the balance of the PayPal account, via direct debit or via the credit card allocated to the account.

2.5 Immediate transfer (Sofortüberweisung)

Immediate transfer (Sofortüberweisung) is a payment method offered by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. The system works via SSL encryption and with the reliable entering of the PIN/TAN which is also used for online banking.

During the order process, you will be directly forwarded to www.sofort.com. You can then directly make a payment to us. Please have your PIN/TAN ready for this.

2.6 Cash on delivery

In case of dispatch via cash on delivery, you will pay the invoice amount upon delivery. There will be additional shipping costs in this case.

2.7 Apple Pay

The payment method Apple Pay is a payment method offered by Apple Inc. Your account is charged upon the dispatch of the goods.

 

3. Terms of delivery

Delivery date: If the order is accepted, we will deliver the items you ordered within 2 to 4 business days.

The delivery is made to the delivery address indicated by the customer. The address must be in Germany. You will be informed of the dispatch via email. The goods will be delivered by a parcel service. The risk of accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to the customer (Sec. 446 sent. 1 BGB) or if the customer is in default of acceptance (Sec. 300 para. 2 BGB).

By derogation from Sec. 446 sent. 1 BGB, Sec. 447 BGB shall apply as regards the time of the passing of the risk for entrepreneurs.

We are entitled to make partial deliveries, if these are reasonable for you. If we make partial deliveries, we will bear the additional shipping costs.

 

4. Acceptance of the goods

We use parcel services to dispatch your order. Should a shipment received by you be damaged, we kindly ask you to do as follows: If possible, complain about the damaged shipment immediately vis-à-vis the employee of the parcel service and document the level and scope of the damage. Your warranty rights will not be restricted by this

You can refuse acceptance of damaged goods or send the goods back to us. Please use the enclosed return label for this. In case of further questions, please contact our customer service.

The contact details of our customer service:
Phone: +49 (0)2683 5099 916
Fax: +49 (0)2683 5099 939
Email: customerservice.de@birkenstock.com

 

5. Retention of title

We retain the title to any and all goods delivered by us until we have received the complete payment. To assert our retention of title, we are entitled to request the immediate return of the goods subject to the retention of title, excluding any right of retention, unless the counterclaims are legally established or undisputed.

 

6. Liability for material defects

If the goods are damaged or have any other defect (e.g. incomplete delivery), you are entitled to exercise the statutory warranty rights vis-à-vis us. The statutory warranty period is 24 months starting on the day on which the goods are handed over to you.

The following applies to entrepreneurs: The warranty period is 12 months starting on the day on which the goods are handed over to you. This shortening of the limitation period shall not apply in the event of fraudulent intent, the absence of a quality guaranteed by us or in cases of injury to life, body or health for which we are responsible or for damage caused by us through gross negligence. In these cases, the statutory limitation periods apply exclusively.

 

7. Liability

1. Birkenstock Europe GmbH is liable without any limitations for damage caused by injuries to life, body or health which result from a breach of duty by Birkenstock Europe GmbH, a statutory representative or vicarious agent of Birkenstock Europe GmbH as well as for damage caused by the lack of a characteristic guaranteed by Birkenstock Europe GmbH.

2. Birkenstock Europe GmbH is liable without any limitations for damage intentionally or grossly negligently caused by Birkenstock Europe GmbH or a statutory representative or vicarious agent of Birkenstock Europe GmbH.

3. In case of a violation of essential contractual obligations caused by slight negligence, Birkenstock Europe GmbH is liable except for cases stipulated in paras. 1 and 5 limited to the amount of the foreseeable damage typical for such contracts. In the abstract, essential contractual obligations are those obligations which enable the proper performance of the contract in the first place and on the fulfillment of which a contractual party can usually rely.

4. Any other liability for damages is excluded, in particular liability without fault.

5. Liability under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) remains unaffected.

 

8. Default / right of retention

If you are in default of payment, we reserve the right to charge dunning fees for any required reminders/warnings, unless you can prove that the costs for the reminders/warnings were not incurred by us or that they were lower than the dunning fees charged. The dunning fees are as follows: EUR 0.00 for the first reminder and EUR 5.00 for the second reminder.

In case of default of payment we are furthermore entitled to charge interest in the amount of five (5) percentage points above the respective base rate.

The assertion of further damage caused by default is not excluded by the assertion of dunning fees and/or the request of interest payments pursuant to this clause 8.

The customer is only entitled to a right of retention (i) if it is based on the same contractual relationship; and/or (ii) if the counterclaims on which the assertion of the right of retention is based are undisputed or established with final legal effect.

For entrepreneurs, default interest in the amount of eight (8) percentage points above the base rate and an exclusion of the right of retention under Secs. 273, 320 BGB applies, unless the counterclaims on which the assertion of the right of retention is based are undisputed or established with final legal effect.

 

9. Final provisions

The laws of the Federal Republic of Germany under exclusion of the UN convention on the international sale of goods apply to contracts under these conditions.

Vis-à-vis entrepreneurs, place of performance and jurisdiction is always München (Munich), Germany.

Information pursuant to the Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz, VSBG)
There is no obligation and no willingness to participate in a dispute resolution procedure before a consumer conciliation body.

EU Commission online dispute resolution: www.ec.europa.eu/consumers/odr

 

9.1 Shipping costs

The prices indicated on the product pages include statutory VAT and any other price components. In addition to the prices indicated, we charge EUR 4.95 per order for shipment in Germany. Starting at a minimum order value of EUR 80.00, we deliver products via standard delivery in Germany free of charge.