GENERAL TERMS AND CONDITIONS

 

I. INFORMATION ON THE DISTANCE SALES CONTRACT AND ON THE CONCLUSION OF THE CONTRACT WITHIN THE FRAMEWORK OF E-COMMERCE LAST UPDATED: JUNE 2016

 

We urge to you to carefully read these general terms and conditions (General Terms and Conditions) before placing orders at the Birkenstock Online Shop (“Online Shop”). By making purchases at this website, you agree to and fully accept these General Terms and Conditions.

1. Contracting partner

Your contracting partner for all orders placed at the www.birkenstock.com/it website is:

Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt (Wied)
Germany
(hereinafter referred to as “Seller”, “Birkenstock”, “We/Us”)

The company's registered office is located in Munich, Germany (Munich Local Court Commercial Register No.: HRB 221033)
VAT ID: IT00181229998
Company´s share capital: 25.000 Euro
Chief Executive Officer: Patrick Berresheim, Nina von Websky.

Tel.: +39 (0)023 051 0115
E-Mail: customerservice.it@birkenstock.com

Orders placed at our Online Shop for Italy will only be delivered to customers in Italy.

 

2. Concluding a contract within the framework of e-commerce

The presentation of our product offering in the Online Shop does not represent a binding offer for the conclusion of a contract of sale. Instead, it is merely an invitation to the customer to submit a binding proposal for concluding a contract. When you submit your order by clicking the "Buy Now" button, you submit a binding proposal for concluding a contract of sale. As soon as we receive your order, you will receive an e-mail that confirms our receipt of your order and contains the order details ("Confirmation of receipt of your order"). The contract of sale is not entered into when we send you the confirmation of receipt of your order.

Once you have found the product you are looking for, you can place it in the shopping cart by clicking the "Add to Cart" button. You can view the contents of the shopping cart at any time and with no obligation by clicking on the shopping cart icon. You can always update or remove the items in your shopping cart. To purchase the products in the shopping cart, click on "Proceed to Checkout". You will be asked to enter your personal data, select a payment method and confirm that you have read the customer notice. You can halt the ordering process whenever you wish or complete it by clicking on the "Buy Now" button. Of course, you can always correct and/or modify your personal details during the ordering process.

Where multiple goods are ordered in one order but are delivered separately, you may receive a separate dispatch and contract confirmation for each parcel. In this case, for each dispatch and contract confirmation, a separate contract is concluded between Seller and Customer pertaining to the product specified in the relevant dispatch and contract confirmation.

In the case of payment by credit card, Seller accepts your proposal by debiting the account linked to the specified credit card, or, where debit has already taken place, by shipping the ordered products against issuance of payment to Seller.

In the case of payment by PayPal, your proposal is accepted by Seller when you authorise payment to Seller.

You will be notified by e-mail about the dispatch of the ordered products as soon as we hand over the products to the carrier (“Dispatch and contract confirmation”).

Only persons over the age of 18 may place orders at the Online Shop.

For reasons of a technical nature, we cannot accept any orders placed by fax, letter or e-mail.

Without prejudice to special mandatory rules of law, the customer agrees, for the purposes of this contract, to receive a message from us in electronic format and acknowledges that all contracts, notifications, and the other communications we provide in electronic format satisfy the written form requirement where required by law.

 

3. Information on customer’s right of withdrawal from the contract.

3.1 Right of withdrawal

The right of withdrawal as set out below may be exercised only by customers defined as consumers within the meaning of applicable legislation.

 

INFORMATION ON THE RIGHT OF WITHDRAWAL

RIGHT OF WITHDRAWAL

You may withdraw from this contract within a period of 14 days without having to state a reason. The withdrawal period is 14 days from the date on which you or a third party designated by you other than the carrier takes physical possession of the goods (or the last product delivered in the case of a contract relating to multiple goods ordered in one order and delivered separately).

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or e-mail) to:

Birkenstock digital GmbH, Birkenstock Campus, 53577 Neustadt (Wied), Germany
E-Mail: customerservice.it@birkenstock.com
Tel.: +39 (0)023 051 0115

in which you express your intention to withdraw from this contract. In this connection, you may use the model withdrawal form below, whose use, however, is not strictly necessary to exercise the right of withdrawal.

To validly exercise your right of withdrawal, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of any additional costs arising from your express choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are notified of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any additional fees as a result of such reimbursement.

We may withhold the reimbursement until we receive the goods back or until you supply evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to Us without undue delay and in any event not later than 14 days from the day on which your communicated your decision to withdraw from the contract care of the following address:

Birkenstock digital GmbH
Industriestrasse 225
31275 Lehrte
Germany

We will regard the deadline as met if you send back the goods before the period of 14 days has expired.

The costs of returning the product(s) shall be borne by Us .

You shall be liable to Us for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Important:

1) Pursuant to applicable legislation respecting consumer protection, unless the parties agree otherwise, the right of withdrawal does not apply to contracts for the sale of goods that are not ready-made for whose production a personal selection or determination by the consumer is relevant or that is clearly tailored to the personal needs of the consumer.

Withdrawal form

(If you wish to withdraw from the contract, we ask that you complete this form and send it back to Us.)

Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt/Wied
Germany

Tel.: +39 (0)023 051 0115

E-Mail: customerservice.it@birkenstock.com
 

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only if this form is submitted on paper))

Date

(*) Delete as appropriate

 

3.2 Additional information on managing the withdrawal from the contract

Where the customer wishes to exercise the right of withdrawal, he/she may use the adhesive return label found inside the package. If the return label is missing, you should request one from our Customer Service Department.

Please do not send back ordered goods to us freight collect or without making arrangements with us.

If you have any questions or doubts, please contact our Customer Service Department at:

Tel.: +39 (0)023 051 0115

E-Mail: customerservice.it@birkenstock.com

We ask that you heed the following additional warnings:

Following withdrawal from the contract, in certain exceptional cases it may be technically impossible to refund payments received from you using the same payment method you used to initially place your order. In such cases, we will reach an agreement with you on a different payment method for reimbursement. Under no circumstances will you be responsible for such costs or charges.

The costs of returning the product(s) shall be borne by Us.

RIn any case, save for the information and warnings set out in this paragraph (3.2), your right of withdrawal as laid down by law and mentioned in paragraph 3.1 remains unaffected.

 

4. Other information (possibility of rectification, contract summary, contract language)

Following the conclusion of the sales contract, we will send you an e-mail with a summary of the information concerning the contract that has just been concluded. We urge you to keep this e-mail. The contract is written in Italian. Before your order is dispatched, i.e. before clicking the "Buy Now" button, you have the opportunity of reviewing the order and correcting any typographical errors. We ask that you carefully review your order before confirming your purchase.

 

II. FURTHER BIRKENSTOCK DIGITAL GMBH GENERAL TERMS AND CONDITIONS: LAST UPDATED: AUGUST 2016

The following terms and conditions shall apply to all orders placed at the www.birkenstock.com/it website. In each instance, the General Terms and Conditions in force at the time of purchase shall apply.

In the event that any portion of these Terms and Conditions is held to be invalid or unenforceable for any reason, that invalidity or unenforceability shall not affect the other portions of this contract and the remaining terms and conditions, or portions thereof, shall remain in full force and effect.

 

1. Prices/availability/delivery restrictions

The prices shown are inclusive of VAT according to existing law. Seller will apply flat rate to cover the costs of delivery. The standard cost of shipping within Italy is €4.95. Existing terms and conditions are set out in the table referred to in Article 9.1 hereunder.
For any order of €80.00 or more, we will deliver the goods free of charge within Italy (standard delivery).

Please bear in mind that that any special offers may be valid only for a limited period of time. Moreover, all offers are subject to availability. The availability of a product may depend on the customer's requirements (size, colour, etc.) and, in any case, availability is indicated on the page containing the information on the 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.

We reserve the right to modify our offering at any time. Moreover, we make no guarantees as to the accuracy and/or trueness of all the information provided at the Online Shop concerning our products. All offers are valid as long as supplies last.

 

2. Payment terms

2.1 Accepted payment methods/general provisions

Payment for the goods may be made using any one of the following accepted payment methods:

• Credit card
• PayPal

Regardless of your preferred payment method, you will receive an invoice by e-mail. The order summary at the Online Shop may not be used as an invoice.

Birkenstock reserves the right to exclude certain type of payments in individual cases.

2.2 Credit card

In the case of payment by credit card, the amount will be charged when the goods are dispatched. We accept the following credit cards: Visa, MasterCard and American Express.

2.3 PayPal

As an alternative, you may pay using the on-line service, PayPal. To pay using PayPal, you must first have a PayPal account, which you can obtain free-of-charge. When you open an account at www.paypal.it, you only have to enter your bank details once. Thereafter all you have to do is log on to your PayPal account. You are never charged a fee when paying for a purchase. The amount due is deducted from the credit card to which your PayPal account is linked, by debit note or through the credit card data linked to the account.

2.4 Cash on delivery

Subject to the limits on cash payments under the applicable laws, you may pay by cash when the relevant product is delivered to you. If you chose this payment method, additional costs may apply, including an additional transfer fee equal to € 2,00 applied by the forwarder.

 

3. Delivery terms

On the condition that your order is accepted, the ordered goods will usually be delivered within 4 to 5 business days. Please bear in mind that the estimated time of dispatch and delivery are provided for informational purposes only and should not be regarded as fully accurate.

Delivery will be made to the delivery address that you specify. You will be informed of dispatch of the goods by e-mail. Shipping will be handled by third-party logistics providers. If you are a consumer within the meaning of applicable legislation, the risk of loss or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the goods.

If, however, you are a professional within the meaning of applicable legislation, we will be released from our delivery obligations on handing over the goods to the carrier and the risk of loss or damage to the ordered products shall pass to you.

We are authorised to make partial shipments if this is acceptable to you. Should partial shipments be made, we will bear the costs of any additional shipping charges.

Orders placed via our Online Shop for Italy will only be delivered to customers residing in Italy.

 

4. Product acceptance

To ship your order, we make use of third-party logistics services. In the event of delivery of damaged goods, please proceed as follows: if practicable, report the damaged goods immediately to the logistics service employee and document the degree and extent of the damage. However, your rights under the product warranty will not be limited.

You have the right to either refuse the delivery of damaged goods or send them back to Us. In this connection, we ask you to kindly use the withdrawal form provided herein. If you have any lingering doubts or require further information, please contact our Customer Service Department.

Our Customer Service Department can be reached at:
Tel.: +39 (0)023 051 0115
E-Mail: customerservice.it@birkenstock.com

 

5. Reservation of title

We shall retain the title to all goods delivered until the relevant purchase price is paid in full. To assert this right, we are authorised to demand the immediate return of all goods subject to a reservation of title, excluding any rights of retention unless such rights rely on uncontested or lawfully established claims.

 

6. Liability for defective products under the legal guarantee

The guarantee scheme for sold goods varies depending on whether the buyer is a consumer or a professional pursuant to Directive 1999/44/EC on “certain aspects of the sale of consumer goods and associated guarantees”.

The legal guarantee laid down and governed by applicable legislation on consumer protection applies to consumers.

Where the goods are defective or present other types of irregularities (such as incomplete delivery), the consumer shall be entitled to exercise his/her rights within the meaning of the legal guarantee vis-à-vis Seller (e.g., repair or replacement, or, failing this, an appropriate reduction of the price or having the contract rescinded). The guarantee applies to goods which present a lack of conformity provided that the product was used correctly in accordance with its intended use and as specified in the technical documentation or the enclosed instructions for use. The legal warranty period is 24 months, starting from the time of delivery of the goods to the customer. For the purpose of exercising your rights within the meaning of the legal guarantee, you must inform Us of any lack of conformity within two months of discovery.

On the other hand, the following conditions apply to professionals: the period of validity of the commercial guarantee is 12 months from the time of delivery of the goods. Said period does not apply in cases of fraud on the part of the Seller, the absence of one of the characteristics guaranteed by Seller or for damages resulting from fatal or physical injuries or injuries having adverse effects on human health caused Seller's gross negligence. In such cases, rules on periods of limitation shall apply.

 

7. Liability

7.1 Birkenstock shall be liable for any damages resulting from fatal or physical injuries or injuries having adverse effects on human health attributable to breach of obligations by Birkenstock, one of Birkenstock’s legal representatives or a member of its auxiliary staff and harm caused by the lack of one or more product characteristics guaranteed by Birkenstock.

7.2 Birkenstock shall be liable for any damage caused by wilful misconduct or gross negligence by Birkenstock or one of Birkenstock’s legal representatives or auxiliary staff members.

7.3 In the event of breach of its substantive contractual obligations caused by slight negligence, Birkenstock’s liability shall be limited to compensation for any damage that was foreseeable at the time when the contract was concluded, except in the cases mentioned in Paragraphs 1 and 5. Substantive contractual obligations are those obligations whose performance is essential for the valid performance of the contract and upon which the parties ordinarily rely.

7.4 Every other type of liability for damages is excluded, in particular strict liability.

7.5 This is without prejudice to the enforcement of Seller's liability pursuant to applicable legislation in the area of consumer protection.

 

8. Late payment/right of retention

Where customer is late in making a payment, the Seller reserves the right to charge customer for the costs related to sending out the necessary payment reminders unless the customer can prove that the costs of sending reminders are unjustified or that such costs are substantially less than stated. The reminder fees amount to €0.00 for the first reminder and €5.00 for the second.

In addition, in cases of late payment, the Seller is authorised to charge interest equal to the sum of the reference rate and (5) percentage points.

In addition to requests for the payment of reminder fees and/or amounts due as late charges, the lodging of further claims for compensation of damages owing to non-fulfilment pursuant this article (Article 8) shall not be excluded.

The customer shall retain title to the goods only (i) to the extent that such right is based on the same contractual relationship; and/or (ii) if the claims on which retention is based are undisputed or legally established.

For professionals, the applicable rate of statutory interest for late payment shall be equal to the sum of the reference rate and eight (8) percentage points and any and all rights of retention shall be excluded pursuant to applicable legislation unless the claims on which such right is based on the same contractual relationship and are undisputed or legally established.

In the case of non-fulfilment by customer of these General Terms and Conditions, any failure on our part to exercise any of our rights shall not be deemed as a waiver of the exercise of such right, power or privilege. Any single or partial exercise of any right, power or privilege shall not prejudice the exercise of any other right, power or privilege.

 

9. Applicable law and consent to jurisdiction.

The laws of the Federal Republic of Germany shall apply to any and all contracts concluded pursuant to these terms and conditions, and enforcement of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Such choice of law shall apply as far as it is compatible with the mandatory rules on the protection of consumer of the State in which the customer regularly resides.

Customer agrees, as do we, to submit to the non-exclusive jurisdiction of the Courts of Munich, Germany. If you are a consumer, you may therefore initiate actions for damages related to these Terms and Conditions before the Munich Court or before the Courts of the location in which you reside. If you are a professional, the place of performance and the competent court for disputes shall be 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.

We agree to the voluntary online alternative dispute resolution procedure available via the EU Commission Online Dispute Resolution Platform at: www.ec.europa.eu/consumers/odr.

 

9.1 Costs of delivery

The prices quoted on the product pages include the statutory Value-Added Tax and any additional taxes. In addition to the prices quoted, we charge €4.95 per order for delivery in Italy. For orders of €80.00 or more, delivery within Italy (standard delivery) is free of charge.

Shipping method Payment method Credit card PayPal Cash on delivery*
Standard UPS   € 4.95  € 4.95  € 4.95 + € 4.90 cash-on-delivery free + € 2.00 transfer fee, payable to the forwarder 
Standard UPS for orders of €80.00 or more   € 0.00  € 0.00  € 4.90 cash-on-delivery fee + € 2.00 transfer fee, payable to the forwarder 
UPS Express   € 15.00  € 15.00  € 15.00 
Shipping method Standard UPS Standard UPS for orders of € 80.00 or more UPS Express
Payment method
Credit card € 4.95  € 0.00  € 15.00 
PayPal € 4.95  € 0.00  € 15.00 
Cash on delivery* € 4.95 + € 4.90 cash-on-delivery free + € 2.00 transfer fee, payable to the forwarder  € 4.90 cash-on-delivery fee + € 2.00 transfer fee, payable to the forwarder  € 15.00 
Shipping method Standard UPS Standard UPS for orders of € 80.00 or more UPS Express
Payment method
Credit card € 4.95  € 0.00  € 15.00 
PayPal € 4.95  € 0.00  € 15.00 
Cash on delivery* € 4.95 + € 4.90 cash-on-delivery free + € 2.00 transfer fee, payable to the forwarder  € 4.90 cash-on-delivery fee + € 2.00 transfer fee, payable to the forwarder  € 15.00 
(* Only available for shopping carts with a value of up to €750)