GENERAL TERMS AND CONDITIONS
I. CONTRACTING PARTNER, HOW A CONTRACT IS FORMED BETWEEN US AND YOUR CANCELLATION RIGHTS
1. Contracting partner
Your contracting partner for all orders placed through our online shop on the website www.birkenstock.com/gb (the “Website”) is
Birkenstock digital GmbH
53545 Linz am Rhein.
The company's registered office is in Munich, Germany (Munich District Court commercial register: HRB 221033)
VAT ID: UK 255 1833 06
Managing Director: Oliver Winderoll
Tel.: +44 (0)207 862 1725
Orders placed via our online shop for the United Kingdom (“UK”) the Website will only be delivered to customers in the UK.
2. How a Contract is Formed Between You and Us
The goods offered in the online shop do not represent any binding offer by us for the conclusion of a purchase contract. They merely represent an invitation by us to you to submit a binding offer. When you submit your order by clicking the "Order with fee" button, you submit a binding offer to conclude a purchase contract for the goods detailed in that order. After we receive your order, you will receive an email from us that confirms our receipt of that order (the "Confirmation email”). The contract between us will, however, only be formed when we send to you an email confirming the goods have been sent to you (the “Dispatch email”).
If we are unable to accept your order – for example if the product is out of stock or because of an error in the pricing and/or description of the product - we will inform you of this and not charge you for the product.
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 to purchase by clicking the shopping cart icon. You can always change the number of products or remove them from the shopping cart by clicking on the relevant buttons in the shopping cart. To purchase the products in the shopping cart, click the "Go to Checkout" button. You will be asked to enter your personal data, select a payment method and acknowledge the customer information. You can complete the order process by clicking the "Order with fee" button (or cancel your order by not clicking on this button or otherwise deleting all items from the shopping cart). You can correct and/or modify your details in the order process whenever you wish.
If goods from a combined order are sent in more than one parcel, you may receive a separate Confirmation email and Dispatch email for each parcel. In this case, a separate contract comes into existence between us for each Dispatch email sent for the goods listed in the respective Dispatch email .
Orders can only be accepted from customers located in the UK who are aged 18 or above.
For technical reasons, we cannot accept any orders placed by fax, letter or email.
Please note that all shipments – including deliveries and returns – are subject to customs handling and delivery times may therefore vary significantly. Any delays caused due to customs handling by official agencies or entities are beyond our control.
3. Changing Your Mind: Your Cancellation Rights as a Consumer
3.1 Right of Return and Refund:
If you are a consumer, you have a legal right to cancel a contract as detailed in this section 3.
HOW TO CANCEL AN ORDER
You may cancel this contract without the need to specify reasons. The cancellation 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 cancellation, you need to contact us by one of the following means:
Birkenstock digital GmbH, Burg Ockenfels, 53545 Linz am Rhein,Germany
Phone: +44 (0)2078 621 725
and inform us of your decision to cancel the contract (the “Cancellation Notice”). For this you may use the model cancellation form below, but this is not mandatory.
To exercise your right of cancellation, you simply need to send the Cancellation Notice prior to the expiry of the 14-day cancellation period.
CONSEQUENCES OF CANCELLATION AND REFUNDS
If you cancel this contract, we shall refund all payments that we received from you including the shipping costs (except that the maximum shipping refund will be the costs of delivery by the least expensive delivery method we offer), subject to the exceptions outlined below. 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 for this refund.
We will provide you with the refund within 14 days of your Cancellation Notice, save that we may delay the refund until we receive the goods back or until you provide us with evidence that you have sent the goods back, depending on which occurs earlier.
You shall send back, or hand over the goods, to us without delay to the address below, within 30 days of your provision of the Cancellation Notice. You shall be deemed to have complied with this obligation if you dispatch the goods prior to the expiry of the 30-day period.
Coventry National Hub
Siskin Parkway West Coventry
We will bear the costs of the return shipment of the goods.
Reduction in Refund for Unacceptable Handling. Note we are permitted to reduce your refund to reflect any reduction in the value of the goods if this has been caused by you handling them in a way which would not be permitted in a shop. If we refund you before we are able to inspect the goods, and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Bespoke Products. This cancellation right does not apply 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 for goods that are clearly tailored to the personal needs of the consumer, unless the parties agree otherwise.
Returns of Faulty/ Mis-described Products. If you have return products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any delivery charges, and any reasonable costs you incur in returning the product to us.
Model Cancellation Form
(If you want to cancel the contract, please complete this form and send it back.)
Coventry National Hub
Siskin Parkway West Coventry
Tel.: +44 (0)2078 621 725
I/we (*) hereby give notice that I/We (*) cancel my/our (*) contract for the purchase of the following goods (*).
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)
(*) Delete as appropriate
3.2 Additional information on how a cancellation might be processed:
Should you cancel 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 team.
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 team at:
Tel.: +44 (0)2078 621 725
Please note the following additional information:
Following a cancellation, 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.
Your statutory right of cancellation 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 English. 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. ADDITIONAL CONTRACT TERMS
The following terms and conditions additionally apply to all orders placed via the Website.
1. Prices / availability / delivery restrictions
Our prices are as listed on the Website and include all relevant taxes valid at the time of the order.
Prices of our products may change from time to time, but changes will not affect any orders already placed.
We charge a shipping fee. For standard delivery within the UK, we charge £ 5.50. Please refer to our table of shipping costs at section 8 below for information on the applicable costs.
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 email.
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
• Apple Pay
Regardless of the selected payment method, you will receive an invoice by email. The order overview in the online shop on the Website cannot be used as an invoice.
We reserve the right to exclude certain payment methods in individual cases.
2.2 Credit cards
In the case of payment by debit or credit card, the amount will be charged upon dispatch of the goods. We accept Visa, MasterCard, Diner’s Club and American Express debit and credit cards.
Alternatively, the payment can be made with the online payment service PayPal. For payments with PayPal, you merely need a free PayPal account. To open an account on www.paypal.com/uk, you need to enter your financial details once. For further payments, you need to log into your PayPal account. Payments are always free of charge for customers and are collected from the credit on the PayPal account, by direct debit or from the credit card specified in the account. The amount will be charged upon dispatch of the goods.
2.4 Apple Pay
The payment method Apple Pay is offered as a payment method by Apple Inc. The The amount will be charged upon dispatch of the goods.
3. Delivery terms
Delivery date: Provided that your order is accepted, we will dispatch your order in accordance with the estimated delivery time as specified in the order process and Confirmation email.For standard delivery, ordered goods will usually be delivered within 2 - 4 business days of the Dispatch email, however, in particular cases delivery can take up to 10 days.
We are not responsible for delays outside our control. If this occurs, we will contact you as soon as possible and will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but have not received.
Delivery Address. The delivery will be made to the delivery address specified by you in your order. This address must be within the UK. You will receive the dispatch notification via email once the goods have been shipped. The shipment will be handled by such carriers as we may choose from time to time.
Partial Shipments. 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.
When you become responsible for the goods. Delivery of an order shall be completed when we deliver the products to the address you gave us and the products will be your responsibility from that time.
When you own the goods. You own the goods once we have received fully payment for those goods.
4. Acceptance of the goods
To deliver your order, we will use a carrier of our choice. In the event of delivery of damaged goods, please report the damage goods immediately to the carrier employee and document the degree and scope of the damage. This does not limit your warranty or legal rights.
You may refuse the acceptance of damaged goods or send these goods back to us. To do so, please return the return form provided with the goods. Please feel free to contact our customer service team if you have any further questions.
Contact details of our customer service:
Tel.: +44 (0)2078 621 725
5. Reservation of Title
All goods delivered by us remain our property until full payment is made. To assert our reservation of title, we may demand the immediate surrender of the goods subject to such title under exclusion of any right of retention, unless the counterclaims are undisputed or have been legally established.
6.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for our fraud or fraudulent misrepresentation; or for any other liability which cannot be limited by applicable law.
6.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
6.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.4 Rights at law. This section 6 does not affect any statutory rights you may have as consumer including applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. Save as provided in this section 6.4 and to the fullest extent permitted by applicable law, we disclaim and exclude any other terms, conditions and warranties in relation to the products and the Website whether express or implied by statute or otherwise or arising from any previous trade practice usage or course of dealing.
6.5 Liability Cap. Subject to section 6.1 above, our total aggregate liability to you under these terms, whether arising under contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed 110% of the price of the product(s) you have ordered from us.
7. Interest on unpaid fees
7.1 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Central Bank of Germany from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.2 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
8.1 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed by the law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies only insofar as the protection provided is not withdrawn by compulsory provisions of the law of the country in which the consumer habitually resides.
8.2 Shipping costs: The prices quoted on the product pages of the Website contain the statutory value-added tax and other price components. In addition to the prices quoted, we charge £ 5.50 per order for the delivery within the UK.
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8.3 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs, sections and sub-sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.4 Changes to these terms. We may update these terms from time to time. You will however be subject to the version of these terms as is in force at the time you order the products from us.
8.5 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
8.6 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (but we will not unreasonably withhold our consent).
8.7 Nobody else has any rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of its terms
8.8 Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.