These general terms and conditions of sale (hereinafter "the GTC") are intended to define the agreement that you enter into with Birkenstock Europe GmbH (hereinafter "the company") to access and use the services provided by the company via the website [https://www.birkenstock.com/fr/] (hereinafter "the site") and in particular to place 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 subscribing 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 www.birkenstock.com/fr (hereinafter “the site”) is the company:
Birkenstock Europe GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
The company's registered office is in Linz am Rhein (Commercial Register of the Cantonal Court of Montabaur: HRB 27667)
Intra-community VAT identifier: FR48938344256
General Managers: Nico Bouyakhf
Such. : +33 (0)170 767 462
Email: contact.birkstoreoutlet@gmail.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.
You will be informed by email of the acceptance of your order and the dispatch of the ordered goods as soon as we have handed them over to the carrier (“Order and Dispatch Confirmation”).
In the case of payment by credit card, acceptance of the order is evidenced by the debiting of your credit card account or, if this occurs earlier, by the dispatch of the ordered goods.
If you pay by PayPal, PayPal Express, Apple Pay, Instant Transfer or purchase on account with Klarna, we accept your order upon receipt of your payment order.
If goods from the same order are shipped in multiple packages, you may receive an order and shipping confirmation for each package. In this case, a separate contract for each shipment is established between you and us, valid only for the goods listed in the respective order and shipping confirmation.
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" as 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, acts within the framework of and on behalf of their professional or commercial activity.
Only our customers who are consumers benefit from the right of withdrawal detailed below.
In derogation from the legal regulations relating to the right of withdrawal reproduced below (14-day period), we voluntarily accept the withdrawal of said consumers within a period of 30 days.
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form, but it is not obligatory.
This letter should be addressed to:
Birkenstock Europe GmbH, Burg Ockenfels, 53545 Linz am Rhein, Germany
email: contact.birkstoreoutlet@gmail.com
Phone: +33 (0)170 767 462
To meet the withdrawal deadline, 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 will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your 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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out the 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 fees as a result of this reimbursement.
You will have to return or give back the good, to ourselves or to
Birkenstock Europe GmbH
Marler Str. 181
46282 Dorsten
Germany
without undue delay and, in any event, not later than fourteen days after you have communicated your decision to withdraw from this contract to us. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.
We will cover the cost of returning the goods provided you use our return label (self-adhesive).
You are only liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
REMARKS:
Pursuant to Section 312 g, Paragraph 2, No. 1 of the German Civil Code (BGB), the right of withdrawal does not apply, unless otherwise agreed between the parties, to contracts for the delivery of goods that are not prefabricated and whose manufacture depends on the individual choice or determination of the consumer, or which are clearly tailored to the individual needs of the consumer. Furthermore, pursuant to Section 312 g, Paragraph 2, No. 3 of the BGB, the right of withdrawal does not apply to goods sealed for health reasons and whose seal has been removed after delivery.
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 Europe GmbH
Burg Ockenfels
53545 Linz am Rhein
Germany
Such. : +33 (0)170 767 462
email: contact.birkstoreoutlet@gmail.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:
To return goods as part of a withdrawal, you must generate your return label using the online returns process.
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 EUROPE GMBH
The following terms and conditions apply to all orders placed via the website www.birkenstock.com/fr. The terms and conditions in effect at the time of ordering apply.
1. Price / Availability / Delivery Restrictions
Our prices include the VAT applicable at the time of ordering. Unless otherwise stated, we charge a flat rate for shipping costs. The current terms and conditions regarding shipping costs and any free shipping thresholds are communicated during the ordering process.
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.
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.
2.2 Gift vouchers
Gift certificates and the credit they contain can only be redeemed before the order process is complete. Subsequent compensation is not possible. Gift certificate credit cannot be refunded in cash and does not bear interest.
3. Delivery conditions
Delivery time: Delivery of ordered goods is made within 3-6 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.
For companies within the meaning of Section 14 of the German Civil Code (BGB), the time of transfer of risk is governed by Section 447 BGB and not by Section 446 BGB.
We are entitled to make partial deliveries, provided that these are acceptable to you. If partial deliveries are made, we will bear 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 extent and degree 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. To return or exercise your right of withdrawal, please use the return form included in the package. If you have any questions, you can contact our customer service or submit a return request on our website by providing the required information and documents.
5. Retention of title
We reserve ownership of all delivered goods until full payment has been received. To assert our retention of title, we are entitled to demand the handover of the goods subject to retention of title, excluding any right of retention.
6. Legal guarantee of conformity
If the goods are damaged or have other defects (e.g. incomplete delivery), you can assert your warranty rights.
7. Liability
7.1 Birkenstock Europe GmbH is liable without limitation for death, personal injury and damage to health which are attributable to a breach of obligations by Birkenstock Europe 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 Europe GmbH.
7.2 Birkenstock Europe GmbH is liable without limitation for damages that have been caused by Birkenstock Europe GmbH, a legal representative or vicarious agents of Birkenstock Europe 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 Europe 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, those obligations on which the proper execution of the contract depends and the fulfillment of which 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 interest at the legal rate.
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 you are protected by the mandatory provisions of the law of the country in which you are habitually resident.
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.
10. 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 |
Shipping costs |
| Private Parcel |
5.95 €
|
| The Post Office |
5.95 €
|
| From a merchandise value of €120 |
0.00 €
|
| UPS Express |
15.00 €
|
III. Use of gift vouchers
1.
Gift vouchers are vouchers that you can purchase from the BIRKENSTOCK online store (www.birkenstock.com/fr). These vouchers are then sent to you electronically at the email address provided at the time of purchase. They can only be used on products offered in the BIRKENSTOCK online store (www.birkenstock.com/fr). However, you cannot use them to purchase new gift vouchers. When you use your voucher in the BIRKENSTOCK online store, the computer system automatically checks its validity and verifies that the voucher has not expired or has not been used previously. You can use your voucher only partially (see 1.2 on remaining credit). If the value of your voucher does not cover the entire order, you can pay the difference using one of the payment methods offered. BIRKENSTOCK vouchers cannot be used in the brand's branches or distributors.
