GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter "the GTC") are intended to define the agreement that you enter into with the company Birkenstock digital GmbH (hereinafter "the company") to access and use the services provided by the company via the website [ https://www.birkenstock-outlet-store.com/ ] (hereinafter "the Site") and in particular placing orders for products from the Site (hereinafter "the Services"). They constitute a legally binding contract between you and the company. It is important to read them carefully when you subscribe to the services and to keep a copy.
You can view the Terms and Conditions on our Site at any time and you can print or save these Terms and Conditions using the function of your Internet browser (usually “File” then “Save As”). Adobe Reader software (available free of charge at www.adobe.fr) or another program compatible with the PDF format is required to read the PDF file.
You declare that you have read and accepted the General Terms and Conditions and the rights and obligations arising therefrom before placing your order. Validation of your order therefore constitutes acceptance of these General Terms and Conditions.
All our deliveries, services, and offers are governed exclusively by the General Terms and Conditions. We object to any general or specific conditions that are contrary to or deviate from the General Terms and Conditions.
I. INFORMATION RELATING TO DISTANCE SELLING AND THE CONCLUSION OF CONTRACTS IN ELECTRONIC EXCHANGES
1. Contractual partner
Your contractual partner for all orders placed on the website https://www.birkenstock-outlet-store.com/ (hereinafter “the site”) is the company:
Birkenstock digital GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
The company's registered office is in Munich (Commercial Register of the Munich District Court: HRB 221033)
Intra-community VAT identifier: FR55820429959
Managing Director: Oliver Winderoll
Such. : +33 (0)170 767 462 Email: contact@birkenstock-outlet-store.com
Orders placed through our online store for France are delivered exclusively to customers in France.
2. Conclusion of the contract in electronic exchanges
The goods offered in the online shop do not represent a binding offer to conclude a sales contract. This is merely an invitation to submit a binding offer on your part. By submitting your order by clicking the "Order with payment" button, you are submitting a binding offer to conclude a sales contract. As soon as we have received your order, you will receive an email confirming receipt of your order and listing the details ("Order Confirmation"). However, this order confirmation does not yet constitute a sales contract.
Once you have found the product you want, you can add it to your shopping cart by clicking on the "Add to cart" button without obligation. You can view the contents of the cart at any time without obligation by clicking on it. You can also change the number of products or remove them from the cart at any time. If you wish to purchase the products in the cart, click on the "Continue my order" button. You will then be asked to enter your personal data, select the payment method and confirm that you have read the customer information. You can interrupt the order process at any time or complete it by clicking on the "Order with payment" button. You can of course correct and/or change your details at any time during the ordering process.
If products from a single order are sent in multiple packages, you may receive a shipping and invoicing confirmation for each package, each of which is the subject of a separate contract. In such a case, each shipment is subject to a separate contract, in accordance with the number of goods listed.
In the case of payment by credit card, the conclusion of the contract is materialized by the debiting of your credit card account or, if this occurs earlier, by the dispatch of the ordered goods.
If paying by PayPal or PayPal Express, our acceptance of your offer is concurrent with your payment instructions.
You will be informed by email of the dispatch of the ordered goods as soon as we have handed them over to the carrier (“Confirmation of dispatch and contract”).
We can only accept orders from customers who are adults (at least 18 years old).
Unfortunately, we cannot accept orders by fax, mail or email for technical reasons.
3. Information on your consumer right of withdrawal
3.1 Legal right of withdrawal:
The term "consumer" used in these T&Cs refers to a natural person placing an order that does not fall within their commercial or professional activity. A "professional" within the meaning of these T&Cs is a natural or legal person who, when placing an order, is acting within the scope of and on behalf of their professional or commercial activity.
Only our customers who are consumers benefit from the right of withdrawal detailed below.
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from any order contract within thirty days without having to provide any reason. The withdrawal period is thirty days from the day on which you - or a third party designated by you and who is not the carrier - took physical possession of the goods (or the last product in the case of a contract covering several products that were ordered in a single order and delivered to you separately).
To exercise your right of withdrawal, you must notify us by means of a clear, express and unequivocal statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the model withdrawal form provided for this purpose (however, this is not mandatory for you).
This letter must be specified:
Birkenstock digital GmbH, Burg Ockenfels, 53545 Linz am Rhein, Germany
Email: contact@birkenstock-outlet-store.com Telephone: +33 (0)170 767 462
To meet the withdrawal deadline, it is sufficient to send us notification of your exercise of the right of withdrawal before the withdrawal period expires.
The items must be returned without delay and at the latest within 30 days of submitting your withdrawal declaration to the address below. This obligation is fulfilled if you return the items before the 30-day period expires:
Birkenstock
PFC Erstein
67998 Erstein
France
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we are obliged to reimburse you, without delay and at the latest within fourteen days from the day on which we received your notification of withdrawal from this contract, all payments you have agreed to us, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the most economical standard delivery type offered by us). We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise; in no event will we charge you any fees for this reimbursement.
We may withhold reimbursement until we have received the returned goods or until you have provided us with evidence of having sent the returned goods, whichever is the earlier.
You must return or hand over the goods to us without delay, i.e. in any case before the end of the period of thirty days from the sending of your declaration of withdrawal.
Birkenstock digital GmbH
Marler Str. 181
46282 Dorsten
Germany
Please make sure to return your items to the address above. Otherwise, additional charges may apply, and we will unfortunately not be able to process your return.
The deadline is met if you return the goods to us before the end of the thirty-day period.
We will cover the cost of returning the goods, provided that you use the return sticker given to you in the package upon delivery of the goods.
You may have to bear the financial cost of any loss in value of the goods, for example due to deterioration of the product (and therefore only be entitled to a minor refund) if the loss in value is attributable to unnecessary handling by you, resulting in the properties, characteristics and/or functioning of the goods being impaired.
Standard Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to us at the following address:
Birkenstock digital GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
Such. : +33 (0)170 767 462 email: contact@birkenstock-outlet-store.com
I/we (*) withdraw from the contract I/we have concluded (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) Delete as appropriate
3.2 Additional information regarding the possible processing of a withdrawal:
In case of withdrawal, we remind you that a return sticker is included with your delivered package. If this is not the case, you can request the return sticker from our customer service by contacting:
HAS
Birkenstock digital GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
Tel.: +33 (0)170 767 462
Email: contact@birkenstock-outlet-store.com
Please do not return any ordered goods to us without first consulting us or paying postage.
For any questions or concerns, please contact our customer service at
Tel.: +33 (0)170 767 462
Email: contact@birkenstock-outlet-store.com
Please note the following additional instructions:
In some exceptional cases, a refund in the event of a withdrawal of payments we have received from you may prove technically impossible using the same payment method. We will then implement, on a case-by-case basis and with your consent, the refund using another usual payment method. This will not result in any additional costs for you.
We will cover the cost of returning the goods, provided that you use the return sticker given to you in the package upon delivery of the goods.
Your right of withdrawal in accordance with point 3.1 is in no way affected by the information and remarks in this point 3.2.
4. Other information (correction options, saving of contract text, contract language)
Your order is not stored by our servers and cannot be opened or modified after the order process has been completed. However, you can print all information relating to your order directly after submitting the order. The contract is concluded in French. Before submitting your order, i.e. before clicking the "Order with payment" button, you will have the opportunity to view and correct any input errors by modifying your order. Please check your order carefully before confirming it.
II. OTHER GENERAL TERMS AND CONDITIONS OF SALE (GTC) OF BIRKENSTOCK DIGITAL GMBH, CURRENT DATE: MAY 2016)
The following conditions apply to all orders placed via the website www.birkenstock.com/fr. The general terms and conditions in force at the time of ordering apply.
1. Price / Availability / Delivery Restrictions
We reserve the right to modify the prices appearing on the Site at any time, but the products will in any event be invoiced on the basis of the rates in effect at the time of the order. The price indicated in our order confirmation is the definitive price expressed in euros, all taxes included at the legal rate in effect. It includes delivery costs.
Our prices include the VAT applicable at the time of ordering. We charge a flat rate for shipping costs. You can find the current conditions in our shipping cost table for your country.
From a value of goods of at least €120 (one hundred and twenty euros), we deliver the goods free of transport in France by standard delivery.
Please note that we may sometimes offer special offers for a limited time only. Furthermore, our offers are subject to product availability. Product availability may vary depending on customer requests (size, color, etc.), but is indicated on the relevant product page.
If we are unable to deliver a product, we will unfortunately be forced to cancel the order. We will inform you of this by email.
Subject to errors and changes. All offers are valid while stocks last.
2. Payment Terms
2.1 Accepted payment methods / general provisions
Payment for the goods is made using one of the following payment methods:
• Credit card
• PayPal
• PayPal Express
• Apple Pay
• Klarna Pay in 3 installments
Regardless of the payment method you choose, an invoice will be sent to you by email. The overview in the shop cannot be used as an invoice.
Birkenstock digital GmbH reserves the right to exclude payment types determined on a case-by-case basis.
2.2 Credit card
If you pay by credit card, your card will be charged when the goods are shipped. We accept Visa, MasterCard, and American Express credit cards.
2.3 PayPal and PayPal Express
Payment can also be made using the online payment service PayPal. All the buyer needs to pay with PayPal is a free PayPal account. When creating a PayPal account, the buyer enters their financial information once; for each subsequent payment process, they only need to log in to their PayPal account. Payments are always free of charge for buyers and are made by crediting their PayPal account, by direct debit, or from the credit card stored in the account.
2.4 Apple Pay
Apple Pay is a payment method offered by Apple Inc. The payment is made when the goods are shipped.
2.5 KLARNA PAY IN 3 INSTALLMENTS
If you pay by PayPal, PayPal Express or Klarna Pay in 3 installments, we accept your offer upon receipt of your payment instructions.
3. Delivery conditions
Delivery time: Delivery of ordered goods is made within 3 to 6 working days if your order is accepted.
Delivery is made to the delivery address provided by the customer. This address must be in France. You will be notified of shipment by email. Shipping is carried out by a carrier selected by us.
If you are a consumer, the transfer of risks occurs at the time of delivery of the products to the delivery address you provided or at the time of collection of the package from the carrier.
If you are a professional, the transfer of risks occurs at the time of shipment of the goods.
We are authorized to make partial deliveries and in this case we will cover the additional shipping costs.
4. Acceptance of delivery
We use carriers to ship your order. If a delivery of goods arrives damaged upon arrival, please follow these steps: If possible, immediately report the damaged goods to the delivery service employee (carrier) and document the degree and extent of the damage. Your warranty rights will not be affected in any case.
You can refuse to accept damaged goods or return them to us. In this case, please use the return slip included with the delivered package. For any other questions, you can contact our customer service team at:
Such. : +33 (0)170 767 462 email: contact@birkenstock-outlet-store.com
5. Retention of title
We reserve ownership of all delivered goods until they have been paid for in full. We are entitled to assert our retention of title by demanding immediate delivery of the goods concerned, excluding any right of retention.
The above retention of title clause does not prevent the risks of loss or deterioration of the goods from being borne by you from the moment they are made available (for consumers) or from the moment they are sent (for professionals).
6. Legal guarantee of conformity
If the goods are damaged or have other defects (e.g. incomplete delivery), you can assert your warranty rights. You benefit from the legal guarantees provided for by current legislation. The legal warranty period is 24 months, starting from the day the goods were handed over to you.
For professionals, the warranty period is 12 months, starting from the day the goods were handed over to you. This reduction in the warranty period does not apply in cases of fraud, as well as for cases of death, personal injury or damage to health that our products may cause, as well as damage caused by gross negligence on our part. In such cases, the statutory limitation periods apply to the exclusion of all others.
7. Liability
7.1 Birkenstock digital GmbH is liable without limitation for death, personal injury and damage to health which are attributable to a breach of obligations by Birkenstock digital GmbH, one of its legal representatives or vicarious agents, as well as for damage which is caused by the lack of ownership rights to the products and guaranteed by Birkenstock digital GmbH.
7.2 Birkenstock digital GmbH is liable without limitation for damages that were caused by Birkenstock digital GmbH, a legal representative or vicarious agents of Birkenstock digital GmbH intentionally or through gross negligence.
7.3 In the event of breaches of essential contractual obligations due to slight negligence, the liability of Birkenstock digital GmbH is limited to the amounts of foreseeable damage (except in the cases provided for in Sections 1 and 5). Essential contractual obligations are, in the abstract, obligations that do not depend on the proper execution of the contract and whose fulfillment a contractual party can reasonably expect.
7.4 Any further liability for damages, in particular strict liability, is excluded.
7.5 Product liability remains unaffected.
8. Late Payment Penalties and Right of Retention
In the event of late payment, we reserve the right to charge you a reminder fee for any necessary reminders, unless you can prove that these fees are unjustified or significantly lower than the required fees. The reminder fee is €0 for the first reminder and €5 for the second reminder.
We are further authorized to apply late payment penalties by applying an interest rate of five (5) points higher than the legal interest rate in force in the event of late payment.
It is not excluded that subsequent reminder fees and/or interest in our favor may be applied in accordance with paragraph 8.
The customer is only entitled to exercise a right of retention to the extent that (i) his claim is based on the same contract/order and/or (ii) the claim giving rise to the right of retention is undisputed or has been established by a final court decision.
For professionals, the late payment interest rate is eight (8) points higher than the legal interest rate and the right of retention is excluded, unless the claim giving rise to the right of retention is uncontested or has been established by a final court decision.
9. Final provisions
Contracts concluded with consumers are subject to the law of the Federal Republic of Germany; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The law of the Federal Republic of Germany applies to the extent that the mandatory provisions of the law of the country in which you are habitually resident provide you with protection.
The place of performance and jurisdiction for business customers is Munich. However, we reserve the right to sue business customers at their place of residence.
In the event of a dispute concerning an online order and/or purchase, you can use the out-of-court online dispute resolution procedure applicable within the European Union. You can click here for details of the regulation relating to RLLC (Online Consumer Dispute Resolution).
In the event that any provision of these T&Cs is or becomes void or unenforceable, the validity of the other provisions shall not be affected. The void or unenforceable provision shall then be replaced by the applicable legal provisions.
9.1 Shipping costs
The prices listed on the product pages include VAT. In addition to the prices listed, we charge €5.95 per order for delivery within France. For orders over €120 (one hundred and twenty euros), we deliver the goods within France free of charge using standard delivery.
Shipping Type
|
Payment method
|
Credit card
|
PayPal and PayPal Express
|
Apple Pay
|
Private Parcel
|
|
€ 5.95
|
€ 5.95
|
€ 5.95
|
The Post Office
|
|
€ 5.95
|
€ 5.95
|
€ 5.95
|
La Poste from a goods value of €120
|
|
0.00 €
|
0.00 €
|
0.00 €
|
UPS Express
|
|
15.00 €
|
15.00 €
|
15.00 €
|
III. Use of gift vouchers
1.
Gift vouchers are vouchers that you can purchase in the Birkenstock online shop (www.birkenstock.com/fr). Gift vouchers will be sent to you by email at the email address provided. They can only be used to purchase goods available in the Birkenstock online shop (www.birkenstock.com/fr), not to purchase other gift vouchers. In the Birkenstock online shop, when redeeming the voucher, the system automatically checks whether the voucher is registered as valid, i.e. whether it has not been withdrawn or redeemed in advance. It is possible to partially redeem a voucher (see 1.2 on (remaining) credit). If the credit on a gift voucher is not sufficient for the purchase, the difference can be paid using the payment methods offered. Vouchers cannot be redeemed in Birkenstock branches or at Birkenstock retailers.
1.1.
Gift vouchers and the credit included in them can only be used before the order is completed. Subsequent collection is not possible. The credit contained in a gift voucher cannot be refunded in cash or earn interest.
1.2.
When purchasing, you can use multiple gift vouchers.
2. Reimbursement
If you used a gift voucher when making your purchase but then returned the goods, we will send you a new voucher for the amount returned.
3. Validity
The gift voucher and the credit included in it can be used until the end of the third year which corresponds to the year of purchase of the voucher.
4. Transfer
The gift voucher is transferable. The seller can provide the service with discharge effect to the current holder.
5. Loss
If your gift voucher is lost or stolen, please contact customer service by writing to: contact@birkenstock-outlet-store.com . Customer service will then block the gift voucher. If the credit included in the gift voucher has not yet been used, the credit will be returned to you in the form of a new voucher. In this case, the old gift voucher will lose its validity.