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/hu-en 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: HU30512944
Managing Director: Oliver Winderoll
Tel.: +36 (0) 1 6555 175
E-Mail: customerservice.hu@birkenstock.com
Orders placed via our online shop for Hungary will only be delivered to customers in Hungary.
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.
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.
If goods from a combined order are sent in more than one parcel, you may receive a separate dispatch and contract confirmation for each parcel. In this case, a separate contract comes into existence between us for each dispatch and contract confirmation for the goods listed in the respective dispatch and contract confirmation.
In the case of purchase on account or cash on delivery, the binding acceptance of your offer will take place by means of the dispatch of the ordered goods.
In the case of payment by credit card, the acceptance of your offer by us will take place by means of the debiting of the amount to the specified credit card account or by means of the dispatch of the ordered goods.
In the case of payment by PayPal or PayPal Express the acceptance of your offer by us will take place by means of your payment order.
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").
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
Only our customers who are consumers (i.e. natural persons purchasing goods not in relation to their business activity) are entitled to the following right of revocation.
3.1 Statutory 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.hu@birkenstock.com
Tel.: +36 (0) 1 6555 175
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.
3.2 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:
Arvato Bertelsmann Supply Chain Solutions
Marlerstrasse 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.
3.3 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.: +36 (0) 1 6555 175
E-Mail: customerservice.hu@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 Hungarian. 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/hu-en. 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 Hungary, we charge 5.110,00 Ft. Please refer to our table of shipping costs for information on the applicable conditions.
From an order value of at least 40.000 Ft we will deliver the goods free of charge to Hungary (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
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.
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 and MasterCard 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.de, 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.
3. Delivery terms
Delivery date: Provided that your order is accepted, the ordered goods will usually be delivered within 3 - 5 working days.
The delivery will be made to the delivery address specified by the customer. This address must be within Hungary. You will be informed by e-mail about the dispatch. The shipment will be handled by parcel services. The risk of accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to him or if he is in default of acceptance.
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.: +36 (0) 1 6555 175
E-Mail: customerservice.hu@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
6.1 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.
6.2 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.
6.3 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.
6.4 Every further liability for damages is excluded, including but not limited to strict liability.
6.5 The liability under the German Product Liability Act (ProdHaftG) remains unaffected.
7. Default / right of retention
If you are in default of payment, we will send you reminders.
In the case of default of payment, we may charge interest amounting to maximum permitted interest rate.
Further damage due to default may be asserted even if the interest claims are asserted according to this section 7.
The customer shall have a right of retention only (i) insofar as it is based on the same contractual relationship and/or (ii) insofar as the counterclaims underlying the asserted right of retention are undisputed or have been legally established.
A default interest rate of eight (8) percentage points over the basis interest rate and the exclusion of the retention rights of Sections 273 and 320 of the German Civil Code (BGB) shall apply for entrepreneurs, unless the counterclaims on whose basis the right of retention is asserted are undisputed or have been legally established.
8. Shipping costs
8.1 What law applies to this contract and where can you take legal action against it? These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2 Transport costs: The prices on the product pages of the website include statutory VAT and other price components. In addition to the prices shown, we charge Ft 5,110.00 per order for delivery within Hungary. From an order value of at least Ft 40,000.00 we deliver the products within Hungary free of charge (standard delivery).
Shipping method | Payment method | Credit card | PayPal & PayPal Express |
UPS | Ft 5.110,00 | Ft 5.110,00 | |
UPS from 40.000 Ft goods value | Ft 0,00 | Ft 0,00 | |
UPS Express | Ft 9.235,00 | Ft 9.235,00 |
Shipping method | UPS | UPS from 40.000 Ft goods value | UPS Express |
Payment method | |||
Credit card | Ft 5.110,00 | Ft 0,00 | Ft 9.235,00 |
PayPal & PayPal Express | Ft 5.110,00 | Ft 0,00 | Ft 9.235,00 |
Shipping method | UPS | UPS from 40.000 Ft goods value | UPS Express |
Payment method | |||
Credit card | Ft 5.110,00 | Ft 0,00 | Ft 9.235,00 |
PayPal & PayPal Express | Ft 5.110,00 | Ft 0,00 | Ft 9.235,00 |
8.3 If any part of these Terms and Conditions is held invalid by a court of law, the other provisions shall remain in full force and effect. Each paragraph, section and subsection of these Terms and Conditions shall apply separately. If any provision of these Terms and Conditions is held invalid by any court or competent authority, the remaining provisions shall remain in full force and effect.
8.4 Changes to these Terms and Conditions These Terms and Conditions will be changed from time to time. However, the version of these Terms and Conditions in force at the time you ordered the products from us will apply to you.
8.5 We are entitled to transfer this contract. We may transfer our rights and obligations under this contract to a third party.
8.6 You need our consent to transfer your rights. You may only transfer your rights and obligations under these Terms and Conditions to a third party with our written consent (but we will not unreasonably withhold our consent).
8.7 These Terms and Conditions do not grant any rights to any other person. These Terms and Conditions apply to the contract between us. No one else is entitled to enforce any of the Terms and Conditions.
8.8 We are also entitled to subsequent enforcement in the event of delayed assertion of the Terms and Conditions. Even if we do not immediately insist that you do something that you are required to do under these Terms and Conditions, or if we delay taking action against you for breaching these terms, this does not mean that you do not have to do these things and it does not prevent us from taking action against you later.