GENERAL TERMS AND CONDITIONS
I. INFORMATION ON E-COMMERCE DISTANCE SALES
1. Contracting partner
Your contracting partner for all orders placed at the www.birkenstock.com/nl website is:
Birkenstock digital GmbH
53545 Linz am Rhein
The company's registered office is located in Munich, Germany (Munich Local Court Commercial Register No.: HRB 221033)
VAT ID: NL8242.87.046.B01
Managing Director: Oliver Winderoll.
Tel.: +31 (0)202 626 904
Orders placed at our Online Shop for The Netherlands will only be delivered to customers in The Netherlands.
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 "Order with fee" 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 "Order with fee" button. Of course, you can always correct and/or modify your personal details during the ordering process. You can cancel or complete the ordering process at any time by clicking the "Order with payment" button.
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 purchase on account, 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, your offer is accepted by us by debiting the account linked to the specified credit card, or by shipping the ordered products, whichever comes first.
In the case of payment by PayPal, PayPal Express or iDEAL, your offer is accepted by use when you authorise payment to us.
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.
3. Information on customer’s right of revocation from the contract
3.1 Right of revocation:
The right of revocation as set out below may be exercised only by customers defined as consumers, thus natural persons acting outside of their business or profession.
RIGHT OF REVOCATION
You may revoke this contract within a period of 30 days without having to state a reason. The revocation period will expire 30 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 revocation, you must inform us of your decision to revoke this contract by an unequivocal statement (e.g., a letter sent by post, fax or e-mail) to:
in which you express your intention to revoke this contract. In this connection, you may use the model revocation form below, whose use, however, is not strictly necessary to exercise the right of revocation.
To validly exercise your right of revocation, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired
EFFECTS OF REVOCATION
If you revoke 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 revoke 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 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 Online Store
7550 WB Hengelo
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.
We will regard the deadline as met if you send back the goods before the period of 30 days has expired.
We will bear the costs of the return shipment of the goods.
1) Pursuant to European legislation, unless the parties agree otherwise, the right of revocation does not apply to contracts for the sale of goods that are manufactured to the customer’s specifications, which are not prefabricated but manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific individual.
STANDARD REVOCATION FORM
(If you wish to revoke the contract, we ask that you complete this form and send it back to us.)
Birkenstock digital GmbH
53545 Linz am Rhein
- I/We (*) hereby give notice that I/We (*) revoke 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)
(*) Delete as appropriate
3.2 Additional information on managing the revocation from the contract:
Where the customer wishes to exercise the right of revocation, 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.: +31 (0)202 626 904
We ask that you heed the following additional warnings:
Following revocation 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.
In any case, save for the information and warnings set out in this paragraph 3.2, your right of revocation as laid down by law and mentioned in paragraph 3.1 remains unaffected.
4. Other information (possibility of rectification, contract summary, contract language)
Sales contracta are not filed by us and cannot be retrieved after completing the order process. You may, however, print your order information directly after transmitting it to us. We will also send you an e-mail with a summary of the information concerning the contract that has just been concluded. The contract is entered into in Dutch. Before your order is dispatched, i.e., before clicking the "Order with fee" 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: MAY 2016)
The following terms and conditions shall apply to all orders placed at the www.birkenstock.com website. In each instance, the General Terms and Conditions in force at the time of purchase shall apply.
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 The Netherlands is €4.95. Please refer to our table of shipping costs for information on the applicable conditions.
For a limited period of time, from January 17th until March 17th, all new and existing members will benefit from free standard shipping. For non-registered customers, the shipping costs will be € 4.95.
Please bear in mind 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 deliver the product, we will regrettably have to cancel the contract and will notify you thereof by e-mail.
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:
• On account / Invoice
• PayPal Express
• Apple Pay
Regardless of your 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 digital GmbH reserves the right to exclude certain type of payments in individual cases.
If the payment method on account is selected, we receive – in the event of an order from the Netherlands – information about your payment behaviour to date and your credit scoring on the basis on mathematical-statistical processing with the use of address information from Experian Nederland, Verheeskade 25, NL-2521 BE Den Haag. We reserve the right to exclude customers from this method of payment after an appropriate review.
We reserve the right to exclude customers from this method of payment after an appropriate review.
2.2 On account / Invoice
In the case of payment on account, you undertake to pay the invoice amount within fourteen (14) days of the invoice date without deducting any cash discount. If we do not receive your payment in due time, you could fall into arrears.
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.
2.4 PayPal & PayPal Express
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.com, 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.
iDEAL is a payment method that may be offered by your bank. You will be redirected during the ordering process directly to the [URL] website were you can directly perform the payment to us. Please have your TAN ready for this type of payment.
2.6 Apple Pay
Apple Pay is a payment method provided by Apple Inc.The relevant account will only be debited after the goods have been shipped.
3. Delivery terms
On the condition that your order is accepted, the ordered goods will usually be delivered within 2 - 4 business days.
Delivery will be made to the delivery address that you specify. This address must be within the Netherlands. You will be informed of dispatch of the goods by e-mail. Shipping will be handled by third-party logistics providers.
To the extent to which you are not acting as a consumer (natural persons outside of their professional or business activities), the risk shall transfer as soon as we have handed the goods to the carrier.
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.
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 return form provided herein. If you have any doubts or require further information, please contact our Customer Service Department.
5. Reservation of title
We shall retain the title to all goods delivered until the relevant purchase price is paid in full.
6. Liability for defective products
To the extent to which you are not acting as a consumer (natural persons outside of their professional or business activities), the warranty period is 12 months from the time of delivery of the goods. After this period, no complaint whatsoever may be filed for non-conformity of the goods delivered. This restriction does not apply to cases of gross negligence.
To the extent to which you are not acting as a consumer (natural persons acting outside of their professional or business activities), we are only liable for direct damage caused by intent or gross negligence.
8. Late payment/right of retention
Where you are late in making a payment, we reserve the right to charge you for the costs related to sending out the necessary payment reminders unless you can prove that the costs of sending reminders are unjustified or that such costs are substantially less than stated. The reminder fees are €0 for the first reminder and €5.00 for the second reminder.
We shall also be entitled to claim interest on arrears of five (5) percentage points above the statutory rate applicable at that time.
To the extent to which you are not acting as a consumer (natural persons acting outside of their professional or business activities), interest on arrears of eight (8) percentage points above the statutory interest shall be payable. You further waive any right to title of the goods unless any counterclaims that you are asserting are undisputed or legally established.
Our rights to request reminder fees or interest shall remain unaffected.
9. Final provisions
The laws of the Federal Republic of Germany shall apply to any and all contracts concluded pursuant to these terms and conditions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. To the extent to which you are acting as a consumer (natural persons outside of their professional or business activities), this choice of German law only applies insofar as mandatory statutory provisions applicable in your country of residence do not have precedence.
To the extent to which you are not acting as a consumer (natural persons outside of their professional or business activities), 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.
European Commission online dispute resolution: www.ec.europa.eu/consumers/odr en email@example.com
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 The Netherlands. For a limited period of time, from January 17th until March 17th, all new and existing members will benefit from free standard shipping. For non-registered customers, the shipping costs will be € 4.95.
|PayPal & PayPal Express
|PayPal & PayPal Express
|PayPal & PayPal Express
III. Gift certificates and gift certificate redemption
1.Gift certificates are vouchers which you can purchase in the Birkenstock online shop (www.birkenstock.com/nl-en). The gift certificates are sent via email to the indicated email address. The gift certificates can exclusively be redeemed for all goods in the Birkenstock online shop (www.birkenstock.com/nl-en), not, however, to purchase more gift certificates. Upon redemption of the gift certificate, it is automatically checked in the Birkenstock online shop whether the certificate is entered in the system as valid, i.e. that there was no cancellation and that it has not yet been redeemed. A partial redemption of the certificate is possible (see 1.2 on (remaining) balance). If the balance of a certificate is not sufficient for a purchase, the remaining balance can be settled by means of the payment methods offered. The certificates can neither be redeemed in a Birkenstock store, nor at a Birkenstock retailer.
1.1.Gift certificates and their balance can only be redeemed before the completion of the order process. A subsequent set-off is not possible. The balance of a gift certificate is not paid out in cash and does not bear interest. In order to check the current balance of the certificate, please visit www.birkenstock.com/nl-en/check-giftcard/
1.2.It is possible to redeem more than one gift certificate for a purchase.
If you used a gift certificate for your purchase and returned the products, you will receive a new gift certificate for the amount for which you redeemed the certificate in the amount of the value of the returned goods.
The gift certificate and its balance can be redeemed until the end of the third year after the year in which the certificate was bought.
The gift certificate is transferable. The seller can perform with discharging effect to the respective owner.
In case of loss or theft of your gift certificate, please contact our customer service at firstname.lastname@example.org. The customer service will then block the gift certificate. If the balance of the gift certificate has not yet been used, you will be reimbursed for the balance in the form of a new gift certificate. In this case, the old gift certificate will no longer be valid.