Terms of Sale

TERMS OF USE

Welcome to the Birkenstock USA, LP (BUSA) website (the “Site”). Please review the following basic terms that govern your use of and purchase of products from 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. 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.

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.

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 BUSA. The Contents and the Site as a whole are protected by United States 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. BUSA reserves all rights not expressly granted in and to the Site and the Contents.

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. Any unauthorized use terminates the permission or license granted by BUSA.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BUSA 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 BUSA’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BUSA 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, BUSA will own exclusively all such Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BUSA 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.

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 BUSA may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that BUSA may use your information for marketing and promotional purposes.

BUSA's Communications To You

BUSA may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of BUSA’s products or services, or for such other purpose(s) as BUSA deems appropriate. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Product Information

Most BUSA products displayed at the Site are available in select Birkenstock retailers in the United States. 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 U.S. Dollars and are valid and effective only in the United States. We ONLY ship to addresses within the United States.

Colors

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

Links To Other Web Sites and Services

To the extent that this Site contains links to outside services and resources, the availability and content of which BUSA does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other 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 BUSA 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, state, 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 BUSA’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 BUSA’s express prior written consent.

Disclaimer, Limitation of Liability and Indemnity

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. BUSA 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. BUSA 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, BUSA 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, BUSA 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 BUSA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO THE PROHIBITED USES OF THIS SITE BY YOU, AND ANY OTHER BREACH OF THESE TERMS OF USE BY YOU. THE FOREGOING “DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY” PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

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

BUSA 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 BUSA’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Inaccuracy Disclaimer

From time to time there may be information on birkenstockusa.com 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. If you are not completely satisfied with your birkenstockusa.com purchase you may return it. Please see our Return Policy.

Your Account

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

Disputes: Mandatory Arbitration, Class Action Waiver, Jury Trial Waiver

Our Customer Service Specialists are ready to assist you and address your concerns—email info@support.birkenstockusa.com or call (844) 505-4055 (toll-free).

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally 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 BUSA 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 BUSA both further agree that we may each bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The Federal Arbitration Act and federal arbitration law apply to this agreement.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: C T Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017. You agree that the arbitration will be conducted by the American Arbitration Association (‘AAA’), https://www.adr.org, or 1.800.778.7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. BUSA will reimburse those fees for claims totaling less than $10,000. Likewise, BUSA will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed-upon location.

CLASS ACTION AND JURY TRIAL WAIVERS. You and BUSA agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, aggregated, representative or collective action basis. The arbitrator shall be empowered only to hear and determine an individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and BUSA each waives any right to a jury trial or to bring a class, consolidated, aggregated, representative or collective action against the other.

ARBITRATIONS AND COURT ACTIONS DIFFER. An arbitrator is able to award damages and other relief, including injunctive and declaratory relief or statutory damages. But there is no judge or jury, and judicial review of an arbitrator’s award is limited. Discovery in arbitration is also limited in accord with AAA rules. In addition, as set forth above, you are waiving any ability for an arbitrator to oversee or determine class, consolidated, aggregated, representative or collective actions.

IMPORTANT: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, CONSOLIDATED, AGGREGATED, REPRESENTATIVE OR COLLECTIVE ACTION. OTHER RIGHTS AND REMEDIES THAT YOU OR BUSA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and access to or use of this Site (including purchases made on this Site), or related to this Site in any way, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of BUSA 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.

Miscellaneous

Unless otherwise specified and except to the extent BUSA products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting BUSA’s products and services available in the United States. This Site is controlled and operated by BUSA from its offices in Novato, California.

Termination

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

LAST UPDATED [9.19.16]