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 online shop located at website www.birkenstock.com/no is

Birkenstock digital GmbH
Munich, Germany
(Munich District Court commercial register: HRB 221033);
VAT ID: DE 304 138 192;

("Birkenstock")

The buyer will be referred to as “you”. Birkenstock as the seller will also be referred to as “us” or “we”.

All correspondence and contact shall take place with:

Birkenstock
Birkenstock Campus
53577 Neustadt/Wied
Germany

Tel.: +47 (0)219 994 86
E-Mail: customerservice.no@birkenstock.com

Orders placed via our online shop for Norway will only be delivered to customers in Norway. See the separate Birkenstock Privacy Policy for the terms on which your persona data is processed.

 

2. How a Contract is Formed Between You and Us

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 you to submit a binding offer to purchase from Birkenstock. When you submit your order by clicking the "Order with fee" button, you submit a binding offer for concluding the purchase. As soon as we receive your order (offer), 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 comes into existence solely by means of this confirmation of receipt of your order (offer).

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 buy by clicking the shopping cart button. 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 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 case of payment by PayPal, 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 as a consumer to cancel

3.1 Statutory right to cancel:

Only our customers who are consumers in the meaning of Section 5 a of the Norwegian Cancellation Act are entitled to cancel as described in the following:

 

CONDITIONS FOR RIGHT TO CANCEL

You may cancel your order within 30 days without cause. 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. Please note that in case of a combined order cf. section 2, paragraph 3 above, the right to cancel expires 14 days from the date you, or a third party designated by you, who is not the carrier, takes possession of the last shipment of goods.

To exercise your right to cancel, you need to send us an explicit declaration (e.g. a letter, fax or e-mail) of your decision to cancel this contract, within the expiry of the cancellation period, to:

Birkenstock digital GmbH, Birkenstock Campus, 53577 Neustadt (Wied),Germany
E-Mail: customerservice.no@birkenstock.com
Tel.: +47 (0)219 994 86

The enclosed cancellation form must be used.

 

CONSEQUENCES OF CANCELLATION

If you cancel a purchase, 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 cancellation. 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 returned goods or until you furnish evidence that you have returned the goods, depending on which occurs earlier.

You shall return the goods to us without delay, at the latest within 30 days of the date on which you inform us of the cancellation of this contract, to:

Birkenstock digital GmbH
Marler Str. 181
46282 Dorsten
Germany

The 30 day period shall be calculated until the day the goods were dispatched from you.

We will bear the costs of the return shipment of the goods.

You shall bear any loss of value of the goods only if caused by any handling or use of the goods not necessary for checking their quality, properties and functionality.

 

Cancellation form:

If you want to cancel the contract, please complete this form and return it to:

Birkenstock digital GmbH
Birkenstock Campus
53577 Neustadt/Wied
Germany

Tel.: +47 (0)219 994 86
E-Mail: customerservice.no@birkenstock.com
 

 

3.2 Additional information on how a cancellation should 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.

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 case of doubt, please contact our customer service at:

Tel.: +47 (0)219 994 86

E-Mail: customerservice.no@birkenstock.com

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 pay 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)

Your order details 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 Norwegian or English. Before submitting your order, i.e. before clicking the "Order and Pay" 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/no. The general terms and conditions effective 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 Norway we charge NOK 95. Please refer to our table of shipping costs for information on the applicable conditions.

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 provide 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 may cancel the order. We will notify you of this by e-mail

These terms are subject to corrections? 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

Regardless of the selected payment method, you will receive an invoice by e-mail. The order overview in the shop is not to be understood as an invoice.

Birkenstock digital GmbH reserves the right to exclude certain payment methods in individual cases.

2.2 Credit cards

In case of payment by credit card, the amount will be charged upon dispatch of the goods. We accept Visa, MasterCard and American Express credit cards and other cards, as indicated on the website.

2.3 PayPal

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 additional payment, he only 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. Payment with PayPal is subject to PayPals terms and conditions.

 

3. Delivery terms

Delivery date: Provided that your order is accepted, the ordered goods will usually be delivered within 4 or 7 working days. In no event will the goods be delivered any later than 30 days after the purchase, unless otherwise is agreed.

The delivery will be made to the delivery address specified by you. 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 you as soon as the goods are handed over to you.

The transfer of risk for businesses passes to the business in accordance with Incoterms 2010 Free Carrier (FCA) on delivery ramp at Birkenstock, Munich, Germany or other shipment location used by us.

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.: +47 (0)219 994 86
E-Mail: customerservice.no@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.

Your statutory right to retention pursuant to the Norwegian Consumer Purchase Act § 28 remains unaffected by this section 5.

 

6. Notice of claim

According to the Norwegian Consumer Purchase Act, if the goods are damaged or have other defects (e.g. incomplete shipment), you must file a notice of complaint to us within reasonable time after the damage or defect was discovered, and in any event within 24 months after receipt of the goods, if your claim is not to lapse.

 

7. Liability

7.1 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.

7.2 In the event of a breach of material contractual obligations by negligence, the liability of Birkenstock digital GmbH shall be limited to the foreseeable damage typical for the contract, except in cases specified in this paragraph

7.3 All other liability for damages is excluded, including but not limited to strict liability.

7.4 The liability under the German Product Liability Act (ProdHaftG) remains unaffected.

 

8. Default / right of retention

If you are in default of payment, we reserve the right to charge you a reminder fees, and take the necessary steps to collect the debt in accordance with the Norwegian Act on debt collection and other recovery of overdue pecuniary claims.

In case of default of payment, we may also charge interest according to the rate at all times applicable according to the Act relating to Interest on Overdue Payments, etc.

Further damage due to default may be asserted even if the reminder fees and/or interest claims are asserted according to this section 8.

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.

The exclusion of the retention rights of Sections 273 and 320 of the German Civil Code (BGB) shall apply for businesses, unless the counterclaims on whose basis the right of retention is asserted are undisputed or have been legally established.

 

9. Miscellaneous

Our agreement is governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. This regulation of choice of law applies only to the extent applicable, compulsory law of the country in which the consumer habitually resides does not dictate otherwise.

The place of fulfilment and jurisdiction towards businesses is Munich, Germany.

EU Commission Online Dispute Resolution: European Commission online dispute resolution

 

9.1 Shipping costs

The prices quoted on the product pages contain the statutory value-added tax and other price components. Please consult the web page/ attached list for prices for shipping costs.

Shipping method Payment method Credit card PayPal
Bring parcel   NOK 95 NOK 95
Shipping method Bring parcel
Payment method
Credit card NOK 95
PayPal NOK 95
Shipping method Bring parcel
Payment method
Credit card NOK 95
PayPal NOK 95