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TERMS OF USE-f

TERMS OF USE

Welcome to the Birkenstock USA, LP ("BUSA", "we" or "us") website (the “Site”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"), as well as the terms set forth in our Privacy NoticeIf you do not agree to all of these terms, please do not use the Site.
 

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN USING THE SITE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING BUSA’S LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.

You agree that this Agreement, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. Any person who interacts with the Site through the use of robots, crawlers, browsers, data mining or extraction tools, or other website crawling and extraction functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site for the purposes of this Agreement.
 

General

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers or distributors.
 

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are owned or licensed by BUSA. The Contents and the Site as a whole are protected by United States and international laws, including, but not limited to copyright, trademark, trade dress and/or other intellectual property laws. No right, title or interest in any of the Contents is transferred to you as a result of your use of the Site. BUSA reserves all rights not expressly granted in and to the Site and the Contents.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may not use the Site or its Contents for any resale or commercial purpose. Any use of robots or similar data mining, gathering or extraction tools is prohibited, as is any collection of product listings, descriptions, or prices. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Any unauthorized use terminates the permission or license granted by BUSA.
 

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BUSA on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain BUSA’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BUSA of all worldwide right, title and interest in and to such Comments, including, but not limited to, all copyrights, privacy and other intellectual property rights. Thus, BUSA will own exclusively all such Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BUSA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyrights, privacy and other intellectual property rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that BUSA may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity as set forth in our Privacy Notice. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that BUSA may use your information for marketing and promotional purposes as set forth in our Privacy Notice.
 

BUSA's Communications To You

BUSA may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of BUSA’s products or services, or for such other purpose(s) as BUSA deems appropriate. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any sweepstakes, contests, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from or in addition to this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply with respect to the conflict.
 

Product Information

Most BUSA products displayed at the Site are available in select Birkenstock retailers in the United States. In some cases, merchandise displayed for sale at the Site may not be available in Birkenstock stores. Certain weights, measures, and other descriptions on the Site are approximate and are provided for convenience purposes only. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. We ONLY ship to addresses within the United States.
 

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
 

Transactions

If you wish to purchase a product from the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. By submitting such information, you grant to BUSA the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

We reserve the right to refuse or cancel any order you place with us. We may limit the available quantity of or discontinue any product. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or phone number provided at the time the order was made. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers or resellers. We reserve the right to impose conditions on the honoring of any coupon, discount code, or other similar promotion. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

BUSA’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. BUSA tries to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, or availability, and we reserve the right to change or update information and to correct errors or omissions at any time without prior notice. If we determine that there were inaccuracies in our product information, we may cancel your order and notify you of such cancellation via email using the email you provided.

If you are not fully satisfied with your transaction, you may return the purchased item it in accordance with BUSA’s Return Policy. The Return Policy is incorporated into this Agreement.
 

Links To Other Web Sites and Services

To the extent that this Site contains links to outside services and resources, the availability and content of which BUSA does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other website that you visit.
 

Prohibitions

This Agreement applies to all our websites, including microsites and mobile sites, all products and services offered to you when you visit our websites, and all other online service features, databases, plug-ins, applications, content, downloads, applications, platforms, and tools where this Agreement appears or is linked (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. You are prohibited from the following uses (the “Prohibited Uses”):
 

  • Violating or attempting to violate the security of the Service;
  • Altering or attempting to alter, destroy or upload any content on the Service;
  • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by BUSA or other third party commercially available web browsers) to navigate or search the Service;
  • Impersonating any other person while using the Service;
  • Using the Service to violate any local, state, federal or international laws;
  • Using the Service to violate any third-party right, including any intellectual property or privacy right;
  • Using the Service to stalk, harass or harm another individual;
  • Using the Service to collect or store personal data about other users without their consent;
  • Using the Service in a manner that suggests an unauthorized association with any of our licensors' products, services, or brands;
  • Modifying, making derivative works of, disassembling, reverse compiling or reverse engineering any part of the Service or accessing the Service in order to build a similar or competitive site or service;
  • Introducing software or automated agents or scripts to the Service so as to produce multiple accounts or to strip, scrape, or mine data from the Service;
  • Sending unsolicited or unauthorized email, including promotions and/or advertising without BUSA’s express prior written approval;
  • Using any high volume, automated, or electronic means, including, without limitation, robots, spiders, scripts or other automatic device, to access the Service or monitor or copy Service pages or the content contained thereon (other than the normal activities of commercially available search engines); or
  • Framing Service pages, placing pop-up windows over its pages, or otherwise affecting the display of its pages without BUSA’s express prior written consent.

 

Disclaimer, Limitation of Liability and Indemnity

THIS SITE, AND ALL CONTENTS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. BUSA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. BUSA DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUSA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUSA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES, INJURY, CLAIM OR LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BUSA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO THE PROHIBITED USES OF THIS SITE BY YOU, AND ANY OTHER BREACH OF THESE TERMS OF USE BY YOU. THE FOREGOING “DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY” PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

NOTHING IN THIS SECTION IS INTENDED TO LIMIT REMEDIES FOR PRODUCT-RELATED INJURY OR RELATED INJURY ARISING FROM ANY EXPRESS PRODUCT WARRANTIES.

BUSA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF BUSA’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 

Inaccuracy Disclaimer

From time to time there may be information on birkenstockusa.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your birkenstockusa.com purchase you may return it. Please see our Return Policy.
 

Your Account

In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BUSA immediately of any breach of security or unauthorized use of your account. Although BUSA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BUSA or others due to such unauthorized use.
 

Disputes: Class Action Waiver, Jury Trial Waiver

Our Customer Service Specialists are ready to assist you and address your concerns—email info@support.birkenstockusa.com or call (844) 505-4055 (toll-free).

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from BUSA through this Site, will be resolved solely through litigation in the appropriate state or federal court in the State of California.

CLASS ACTION AND JURY TRIAL WAIVERS. YOU AND BUSA AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, AGGREGATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. You and BUSA each waives any right to a jury trial in any case filed by either party against each other pursuant to these Terms of Use.
 

Applicable Law

The law applicable to the interpretation and construction of this Agreement and access to or use of this Site (including purchases made on this Site), or related to this Site in any way, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.
 

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of BUSA services and products. We reserve the right to make changes to our site, policies and this Agreement at any time and may provide notice of such changes in our discretion or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
 

Jurisdiction

Unless otherwise specified and except to the extent BUSA products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting BUSA’s products and services available in the United States. This Site is controlled and operated by BUSA from its offices in Novato, California. BUSA makes no representation that materials on the Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Subject to the mandatory arbitration requirement in this Agreement, any dispute arising under this Agreement shall be resolved by an appropriate federal or state court sitting in the State of California.
 

Termination

This Agreement is effective unless and until terminated by either you or BUSA. You may terminate this Agreement at any time by sending us notice and discontinuing use of the Site. BUSA also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in BUSA's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BUSA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
 

 

Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@support.birkenstockusa.com or call (844) 505-4055 (toll-free). You may also contact us by writing to Birkenstock USA, LP, 100 Wood Hollow Drive, Suite 100 Novato, CA 94945. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or by email at dca@dca.ca.gov.
 

LAST UPDATED July 21, 2023