Terms of Use

LAST UPDATED OCTOBER 1, 2009

Welcome to the Birkenstock USA, LP (BUSA) 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 Notice. If you do not agree to all of these terms, please do not use the Site.

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. 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.

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.

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. 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.

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.

Disclaimer

THIS SITE AND ALL CONTENTS 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. YOU EXPRESSLY AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE 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 OUR SITE. TO THE FULL 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.

BUSA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF 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, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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.

Indemnification

You agree to defend, indemnify and hold BUSA harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

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 BDUSA 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.

Miscellaneous

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.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Marin and/or the Northern District of California.

Termination

This Agreement is effective unless and until terminated by either you or BUSA. You may terminate this Agreement at any time. 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.

(800) 867-2475 | info@birkenstockusa.com