Welcome to www.birkenonline.com, your reliable online marketplace.
There will be no prior notice for any amendments to these terms, the amendments will be automatically applied to orders thereafter. Upon confirmation of your orders, we will not be able to make any changes.
We may provide you with access to third party payment gateways such as PayPal. These services are not under our control and are not maintained by www.birkenonline.com.
You agree to read the terms and conditions governing your selected payment gateway prior to facilitating any transactions through them.
2. Use of this site
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), 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. All software used on this Site is the property of www.birkenonline.com and protected by copyright laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
4. UPDATES TO THESE TERMS
We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
5. SALE TERMS
At the moment of purchase, you are entering into an agreement with www.birkenonline.com.
You acknowledge and agree that any purchase of products made through the Site are covered by our Delivery and Returns and Exchanges terms and conditions and clause 11 below.
6. Product Disclaimer
www.birkenonline.com is an E-commerce platform which contains all kinds of original designs of women’s clothing. Our products are manufactured by cooperative suppliers. We consistently attach tremendous importance to any IPR issue, and are firmly against any infringement of IPR. Those infringement issues not only violate the interests of related Brands but also infringe our customers’ rights. If you find such infringement on our site, please give us feedback so we can take action immediately.
7. Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall www.birkenonline.com or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Birken Online Store web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Birken Online Store has been advised of or should have known of the possibility of such damages.
8. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
9. Pricing Information
While www.birkenonline.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. www.birkenonline.com cannot confirm the price of an item until after you’ve placed an order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.birkenonline.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is wrongly priced, www.birkenonline.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
10. Force Majeure
Birken Online Store shall not be held responsible for the delay in shipment or non-delivery of the goods due to war, earthquake, serious flooding, fire and other Force majeure causes agreed by both parties. However, Birken Online Store shall advise the Buyers by fax/telex immediately of such occurrence and within fourteen days thereafter, shall send by airmail to the Buyers for their acceptance a certificate issued by the competent authorities of the place where the accident occurred as evidence thereof. Under such circumstances Birken Online Store, however, is still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the late delivery exceeds ten weeks, the Buyers shall have the right to cancel this Contract.
11. Governing law
These terms and conditions are governed by and are to be constructed in accordance with the laws of UK