GENERAL TERMS AND CONDITIONS
I. INFORMATION ON DISTANCE SALES AND ON THE CONCLUSION OF CONTRACTS IN ELECTRONIC BUSINESS
1. Contracting partner
Your contracting partner for all orders placed on the website www.birkenstock.com/dk is
Birkenstock digital GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
The company's registered office is in Munich, Germany (Munich District Court commercial register: HRB 221033)
VAT ID: DK 12863519
Managing Director: Oliver Winderoll.
Tel.: +45 (0)78794737
E-Mail: customerservice.dk@birkenstock.com
Orders placed via our online shop for Denmark will only be delivered to customers in Denmark.
2. Coming into existence of the contract in electronic business
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 existance by means of this confirmation of receipt of your order. As soon as possible, and usually within 24 hours, following receipt of your order, we will review and revert to you by email with our acceptance, or in a few cases rejection, of your offer. This email will be entitled (“response to your order”). Upon your receipt of this email, a final purchase contract has been concluded.
If goods from a combined order are sent in more than one parcel, you may receive a separate email with our response to your order for each parcel. In this case, a separate contract comes into existence between us for each parcel.
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.
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").
In case of purchases with payment via invoice, Klarna Pay later or cash on delivery, the dispatch of the ordered products constitutes the binding acceptance of your offer.
In case of payment by credit card, your offer is accepted by us with the charging of the credit card account indicated or with the dispatch of the ordered products, whichever takes place first.
In case of payment with PayPal, PayPal Express or immediate transfer, your offer is accepted by us with your instruction of the payment to us.
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 article 2 of the Directive on Consumer Rights (2011/83/EC) are entitled to the following right of revocation.
INFORMATION ON THE RIGHT OF REVOCATION
RIGHT OF REVOCATION
You may revoke this contract within 30 days without specifying reasons. The revocation period is 30 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 send us
Birkenstock digital GmbH, Burg Ockenfels, 53545 Linz am Rhein, Germany
E-Mail: customerservice.dk@birkenstock.com
Telefon: +45 (0)78794737
an explicit declaration (e.g. a letter, fax or e-mail) of your decision to revoke this contract. 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 return the goods to us without delay within 30 days of your provision of the Cancellation Notice to the address below. This obligation shall be deemed complied with if you dispatch the goods prior to the expiry of the 30-day period:
Birkenstock digital GmbH
Marler Str. 181
46282 Dorsten
Germany
Kindly be reminded of the importance of returning items to the specified address mentioned above. Failing to do so might incur additional charges, and regrettably, we won't be able to process your return without adherence to this requirement.
The period will be deemed complied with if you dispatch goods prior to the expiry of the period of 30 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.
Notes:
1) Pursuant to Section 312g (2) no. 1 of the German Civil Code (BGB), a right of revocation does not exist for contracts for the supply of goods that are not ready-made and for whose production an individual selection or determination by the consumer is relevant or that is clearly tailored to the personal needs of the consumer, unless the parties agree otherwise.
Revocation form
(If you want to revoke the contract, please complete this form and send it back.)
To
Birkenstock digital GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
Tel.: +45 (0)78794737
E-Mail: customerservice.dk@birkenstock.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the performance of the following service (*).
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 inapplicable
3.2 Additional information on how a revocation 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.: +45 (0)78794737
E-Mail: customerservice.dk@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 Danish. 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/dk. 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 Denmark, we charge 40 kr. Please refer to our table of shipping costs for information on the applicable conditions. From an order value of at least 900 kr, we will deliver the goods free of charge to Denmark (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
Subject to errors and changes. All offers are subject to availability.
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
• PayPal Express
• Klarna Pay later
• Apple Pay
Klarna uses information of relevance for creditworthiness regarding your previous payment history as well as information for the assessment of the risk of non-payment on the basis of mathematical-statistical processes using address data (scoring). You can find further information at https://www.klarna.com/dk/om-oss/.
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.
We reserve the right to exclude these payment methods after our review.
2.2 Credit card
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 & PayPal Express
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/dk, 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.
2.4 Klarna Pay later
The payment method Klarna Pay later is a payment method offered by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. In case of payment via Klarna Pay later, you undertake to pay the invoice amount within fourteen (14) days from the invoice date without any deductions for prompt payment. If we do not receive your payment in time, you will be in default of payment.
2.5 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. Delivery terms
Delivery date: Provided that your order is accepted, the ordered goods will usually be delivered within 2 or 5 working days.
The delivery will be made to the delivery address specified by the customer. This address must be within Denmark. You will be informed by e-mail about the dispatch. The shipment will be handled by parcel services.
If you are purchasing the ordered goods as a consumer, the risk of accidental loss of the ordered goods passes to the you as soon as the goods are handed over to you or someone you have authorized to accept the ordered goods on the your behalf. If late delivery of the ordered goods is caused by circumstances attributable to you, the risk shall however pass to the you at the time that you are in default by not accepting delivery of the ordered goods.
If you are not purchasing the ordered goods as a consumer, notwithstanding Section 446 sentence 1 of the German Civil Code (BGB), the transfer of risk shall be governed by Section 447 of the German Civil Code (BGB).
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.
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.: +45 (0)78794737
E-Mail: customerservice.dk@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
If you are purchasing the ordered goods as a consumer, and the goods are damaged or have other defects (e.g. incomplete shipment), you shall have the statutory warranty rights against us. The statutory warranty period is 24 months, starting from the day on which the goods are handed over to you
If you are not purchasing the ordered goods as a consumer, the statutory warranty period is 12 months, starting from the day on which the goods are handed over to you. This shorter warranty compared to consumer purchases 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 German Product Liability Act (ProdHaftG) 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 kr for the first reminder and 40 kr for the second reminder.
In the case of default of payment, we may also charge interest amounting to five (5) percentage points over the applicable base interest rate per year.
Further damage due to default may be asserted even if the reminder fees and/or interest claims are asserted according to this section 8.
If you are purchasing the ordered goods as a consumer, you shall have a right of retention only (i) insofar as it is based on the same contractual relationship. (ii) insofar as the counterclaims underlying the asserted right of retention are undisputed or have been legally established, and/or (iii) where the customer has such statutory right pursuant to applicable legislation.
If you are not purchasing the ordered goods as a consumer, a default interest rate of eight (8) percentage points over the basis interest rate per year and the exclusion of the retention rights of Sections 273 and 320 of the German Civil Code (BGB) shall apply, unless the counterclaims on whose basis the right of retention is asserted are undisputed or have been legally established.
9. Miscellaneous
Contracts under these terms and conditions 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). Notwithstanding, if you have purchased the ordered goods as a consumer, the choice of law set out above shall not deprive you of the protection afforded to you by statutory provisions set out in the legislation that would otherwise have applied to the contract.
The place of fulfilment and jurisdiction towards customers who are not consumers is Munich, Germany.
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.
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.
European Commission online dispute resolution
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 40 kr per order for the delivery in Denmark. From an order value of at least 900 kr we will deliver the goods free of charge within Denmark (standard delivery).
Shipping method | Payment method | Credit card | PayPal & PayPal Express | Apple Pay | Klarna Pay later |
PostNord | 40 kr | 40 kr | 40 kr | 40 kr | |
UPS express | 100 kr | 100 kr | 100 kr | 100 kr | |
PostNord (from 900 kr goods value) | 0 kr | 0 kr | 0 kr | 0 kr |
Shipping method | Payment method | Credit card | PayPal & PayPal Express | Apple Pay | Klarna Pay later |
UPS | 40 kr | 40 kr | 40 kr | 40 kr | |
UPS express | 100 kr | 100 kr | 100 kr | 100 kr | |
PostNord (from 900 kr goods value) | 0 kr | 0 kr | 0 kr | 0 kr |
Shipping method | PostNord | UPS express | PostNord (from 900 kr goods value) |
Payment method | |||
Creditcard | 40 kr | 100 kr | 0 kr |
PayPal & PayPal Express | 40 kr | 100 kr | 0 kr |
Apple Pay | 40 kr | 100 kr | 0 kr | Klarna Pay later | 40 kr | 100 kr | 0 kr |