General Terms and Conditions for Sales to Employees
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/de 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: PL5263162091
Managing Director: Oliver Winderoll
Tel.: +49 (0)2683 5099 916
Fax.: +49 (0)2683 5099 939
E-Mail: customerservice.pl@birkenstock.com
Orders placed via our online shop for Germany will only be delivered to customers in Germany.
2. Coming into Existence of the Contract in Electronic Business
The goods offered in the online shop do not represent a binding offer for conclusion of a purchase contract. They merely represent an invitation to you to submit a binding offer. When you submit your order by clicking the "Order" button, you will submit such a binding offer for concluding a purchase contract. As soon as we receive your order, you will receive an email confirming our receipt of your order and listing its details ("Acknowledgement of receipt of your order"). No purchase contract comes into existence by means of this acknowledgement of receipt of your order.
Once you have found the product you are looking for, you may place it into the shopping cart by clicking the "Add to Shopping Cart" button without any obligation. You may view the content of the shopping cart without any obligation by clicking the shopping cart at any time. You may 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" button. You will be asked to enter your personal data, select a payment method and acknowledge the customer information. You may cancel the order process whenever you wish or complete it by clicking the "Order" button. Of course, you may correct and/or modify your details at any time in the ordering process.
If goods from a single order are sent in more than one parcel, you may receive a separate shipping and contract confirmation for each parcel. In this case, a separate contract will come into existence between us for each shipping and contract confirmation for the goods listed in the respective shipping 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 shipping of the ordered goods.
In case of payment by credit card, the acceptance of your offer by us will take place by means of debiting the amount to the specified credit card account or by means of shipping the ordered goods.
In case of payment by PayPal or by immediate transfer, the acceptance of your offer by us will take place by means of your payment order.
You will be informed by email about the shipping of the ordered goods as soon as we hand over the goods to the shipping company ("Shipping 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
3.1 Statutory Right of Revocation:
Only our customers who are consumers within the meaning of Section 13 German Civil Code are entitled to the following right of revocation.
Information on the Right of Revocation
Right of Revocation
You may revoke this contract within 14 days without specifying reasons. The revocation period is 14 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 single order and that are delivered separately).
To exercise your right of revocation, you need to send an explicit declaration (e.g. a letter, fax or e-mail) of your decision to revoke this contract to
Birkenstock digital GmbH, Burg Ockenfels, 53545 Linz am Rhein, Germany
E-Mail: customerservice.nl@birkenstock.com
Tel.: +49 (0)2683 5099 916
Fax.: +49 (0)2683 5099 939
You may use the enclosed revocation form to do so, which is not mandatory, however.
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.
Consequences of Revocation
If you revoke this contract, we shall refund all payments 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 undue delay within 14 days from the date on which we have received 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:
Birkenstock digital GmbH
Marler Str. 181
46282 Dorsten
Germany
The period will be deemed complied with if you send the goods prior to the expiry of the period of 14 days.
We will bear the costs of the return shipment of the goods.
You will have to pay for any loss in value of the goods only if such loss in value is caused by any handling of the goods not necessary for checking their quality, properties and functionality.
Notes:
1) In accordance with Section 312g(2)(1) German Civil Code, a right of revocation does not exist for contracts for the supply of goods that are not ready-made and for whose production an individual selection or determination by the consumer is relevant or that is clearly tailored to the personal needs of the consumer, unless agreed otherwise by the parties.
Template Revocation Form
(If you want to revoke the contract, please complete this form and return it to the address below.)
To
Birkenstock digital GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
Tel.: +49 (0)2683 5099 916
Fax.: +49 (0)2683 5099 939 E-Mail: customerservice.de@birkenstock.comI/we (*) hereby give notice that I/we (*) cancel my/our (*) contract for the purchase of the following goods (*)/the rendering of the following services (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
Date
(*) Delete inapplicable
3.2 Additional information on how a revocation might be processed:
Should you revoke the contract, you may use the return sticker enclosed with your parcel. If you cannot find the return sticker, you may request it from our customer service department.
Please do not return any ordered goods 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 department at
Tel.: +49 (0)2683 5099 916
Fax.: +49 (0)2683 5099 939
E-Mail: customerservice.de@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 under section 3.1 will remain 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 completion of the order process. You may, however, print out your order data immediately after submitting the order. The contract will be concluded in German. Before submitting your order, i.e. before clicking the "Order" 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 of Birkenstock digital GmbH, last updated: May 2016
The following terms and conditions apply to all orders placed via the website www.birkenstock.com/de . The General Terms and Conditions valid at the time of the order shall apply.
1. Pricing / Availability / Delivery Restrictions
Our prices include the statutory value-added tax valid at the time of the order. We do not charge a shipping flat fee.
Please refer to our Table of shipping costs for costs incurred in the case of cash on delivery shipments.
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 thereof by email.
Errors and omissions excepted. All offers are subject to availability.
2. Payment Terms
2.1 Accepted Payment Methods / General Provisions
Goods may be paid for by means of one of the following payment methods:
• Invoice (payment on account)
• Credit card
• Paypal
• Immediate transfer
• Cash on delivery
Irrespective of the selected payment method, you will receive an invoice by email and a paper copy. The order overview in the shop may not be used as an invoice.
Birkenstock digital GmbH reserves the right to exclude certain payment methods in individual cases.
We will obtain information related to your creditworthiness based on your payment history and information on the assessment of the risk of payment failure on the basis of mathematical-statistical procedures using address data (scoring) from infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany.
Scoring will only be performed if the payment method "Invoice" is selected.
We reserve the right to exclude these payment methods after scoring has been performed.
2.2 Invoice
In the case of payment on account (invoice), you undertake to pay the invoice amount within fourteen (14) days from the date of invoice without any deductions. If your payment is not received in due time, you may be in default of payment.
2.3 Credit Card
In the case of payment by credit card, the amount will be charged upon shipping of the goods. We accept Visa, MasterCard and American Express credit cards.
2.4 PayPal
Alternatively, payment may 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 will need to enter his financial details once. For all further payments, the buyer simply 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.
2.5 Immediate Transfer
Immediate transfer is a payment method of SOFORT AG. The system is TÜV-certified and works via SSL encryption and by entering a PIN as used for online banking. In the ordering process, you will be redirected to the www.sofort.com website where you can make the payment to us. Please have your PIN available.
2.6 Cash on delivery
In the case of cash on delivery, you will pay the invoice amount upon receipt. There will be additional shipping costs charged. The delivery service will additionally charge a fee of EUR 2.00.
3. Delivery Terms
Delivery date: Provided that your order is accepted, the ordered goods will usually be delivered within 4 or 6 working days.
The delivery will be made to the delivery address specified by the customer. This address must be within Poland. 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 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 will 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 department.
You may reach our Customer Service department at:
Tel.: +49 (0)2683 5099 916
Fax.: +49 (0)2683 5099 939
E-Mail: customerservice.de@birkenstock.com
5. Retention of Title
All goods delivered by us remain our property until full payment is made. To assert our right of retention, we may demand the immediate surrender of the retention goods under exclusion of any right of retention, unless the counterclaims are undisputed or have been legally established.
6. Liability for Defects
If the goods are damaged or have other defects (e.g. incomplete shipment), you shall have the statutory warranty rights against us. The statutory warranty period is 24 months, starting from the day on which the goods are handed over to you.
7. Liability
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.
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.
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.
4. Every further liability for damages is excluded, including but not limited to strict liability.
5. Liability under the German Product Liability Act shall remain unaffected.
8. Default / Right of Retention
If you are in default of payment, we reserve the right to charge you reminder fees for any necessary reminders unless you prove to us that we have not incurred any costs for such reminders or that such costs are considerably lower than the reminder fees charged. Reminder fees are EUR 0.00 for the first reminder and EUR 5.00 for the second reminder.
In addition, we are entitled to charge a default interest rate of five (r5) percentage points above the respective base interest rate as may be amended from time to time.
Further damage due to default may be asserted even if 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.
9. Final Provisions
Contracts under these terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, in exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of fulfilment and legal venue towards entrepreneurs is 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: 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. We will deliver the goods free of charge within Germany (standard delivery).