Terms of sale

Last revision : 16/07/2018

Welcome to Birkenstock

Thank you for using our products and services. The following document describes the terms and conditions of sale for the LANAFORM e-shop. Please read, digest and accept these terms before making a purchase.

Each article provides a brief titled and highlighted explanation of the non-legally-binding terms and conditions of use.

1. Seller identification

The website www.lanaform.be is published by Lanaform, a public limited company registered with the Belgian Crossroads Bank for Enterprises under number 430 525 392, located at Rue de la Légende, 55, 4141 Sprimont (Belgium).

Intracommunity VAT number: BE0430.525.392.

Customer Service contact information :

Postal correspondence : rue de la Légende 55, 4141 Louveigné (Belgium)

Tel : +32 4 360 92 91

Fax : +32 4 360 97 23

E-mail : info@lanaform.com // info@birkenstock.be

2. Definitions

Here are a few definitions used in these terms and conditions of sale.

This website is managed by LANAFORM. The terms “Birkenstock”, "LANAFORM", "LANAFORM S.A.", "us" or "our" refer to LANAFORM throughout this site.

Our website, all the information it contains and the services offered on there will hereinafter be referred to as Birkenstock services (or our services).

These general terms and conditions of sale apply exclusively to all sales concluded by LANAFORM, both on our own behalf and on behalf of our principals.

Each company that has authorised us to sell one of its products on our website will be called a supplier.

Anyone who wishes to use our services and has met these general terms and conditions of sale will hereinafter be referred to as a customer (or you). A user is a company or person visiting and using our site.

Any order placed by a customer as provided for herein will be referred to as an order.

3. Acceptance of these terms and conditions for online sales

Here are some general requirements.

The acquisition of a good or a service, or the creation of a member area implies the acceptance of all the present general terms and conditions by the user, who acknowledges having become fully acquainted with them. This acceptance may consist, for example, in consumers ticking the box corresponding to the sentence indicating acceptance of these general terms and conditions. A tick in this box will be considered to have the same value as a handwritten signature from the user. Professionals are automatically considered to have approved these general terms and conditions when they confirm the order.

The acceptance of these general terms and conditions implies that the users have the necessary legal capacity to do so. If the user is a minor or does not enjoy this legal capacity, the user should confirm having the authorisation of a guardian, a curator or the minor's legal representative.

4. Registration

To use some of our services, you need to create your own account on this site taking care not to violate the rights of other persons or entities and keep your password confidential.

Any user of the site who does not have a customer number must complete a registration procedure in order to obtain a customer number.

An account must be registered on this site in order to use some of our services. Any natural or legal person registering on our website as a potential contracting party of LANAFORM has to provide us with personal data during the registration process. (See terms and conditions of use, Article 4) and the Privacy policy.

5. Exemption and limitation of liability for the sales process

Our liability is limited or non-existent in certain cases, such as force majeure, indirect damage, or use in a country where the legislation is different.

We are generally bound only by a best efforts obligation. Liability under these general terms and conditions will in no circumstances exceed the amount paid or payable during the transaction giving rise to such liability, regardless of the cause or form of action in question.

We cannot be held liable for the non-fulfilment of the contract concluded, due to a force majeure event (e.g. unforeseen damage to equipment, fire or damage to production facilities and appliances, interruption of energy sources and generally any unforeseen circumstances concerning the people and tools we need in order to fulfil our obligations and which are likely to make the performance of the contract impossible or simply more costly).

We will not be liable for any consequential damages, operating losses, loss of profit, damages or expenses that may arise in connection with the products purchased. You alone are responsible for choosing and purchasing a product. The inability to use the products, in whole or in part, in particular because of incompatibility, may not give rise to any compensation, refund or liability, except in the case of a proven hidden defect, non-compliance, defect or the exercise of the right of withdrawal if applicable, i.e. if you are not a professional and the contract entered into to acquire the goods or services allows withdrawal, according to the articles in Book VI of the Code of Economic Law.

The products on offer comply with the Belgian legislation in force. We cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. Before placing an order, it is your responsibility to check with the competent authorities in your country whether it is possible to import or use this product.

6. Pricing terms

Our prices include VAT and a recycling fee, delivery costs depend on the order. Prices shown on your invoice are fixed and final.

The sales price for each product featured on our website is expressed in Euros. This price includes VAT where applicable as well as all costs, excluding any delivery costs and additional warranty.

Delivery charges are applied for shipping the order. Unless otherwise specified in the product sheet, these charges are calculated according to the price list published on our page delivery charges, according to the destination. This amount will also be added to your shopping cart. The total price including these charges will appear in the shopping cart summary before confirmation of your order.

In certain cases mentioned in this list, these delivery charges are offered to the customer at the time of the first shipment.

We reserve the right to change our prices at any time.

Prices appearing on your order after it has been confirmed and recorded are those listed in the catalogue on the day of the order. They are fixed and final: if the prices fall a few days after the order is placed, we will under no circumstances be able to compensate you for the difference; if the prices increase, we are committed to selling at the price set on the day of the order.

VAT-exempt sales to non-VAT taxable persons are possible only if the supporting documents are provided in advance.

In the event of an estimate being presented, the offer will remain valid for one week unless otherwise specified in the offer.


7. Import charges and taxes

Not applicable.

8. Ordering process

8.1. Description of the products

The photos and videos illustrating our products are not contractually binding. We do our utmost to ensure that the in-formation available on this site is up to date and accurate. How-ever, some of this information may be inaccurate, missing or out of date.

The essential characteristics of the product are displayed on the product page, which generally contains one or more photos of the product and shows its special features.

As they cannot be guaranteed as being perfectly identical with the physical products, the photographs and visuals accompanying the descriptive text of the products on the site are not contractually binding. The publisher of this site cannot therefore be held liable if the characteristics of the items differ from the visuals on the site or if the latter are incorrect or incomplete. Please take into consideration the texts for the characteristics listed on the catalogue pages, which we have tried to describe as accurately as possible. However, we cannot be held liable for the direct or indirect consequences of a material error, typographical error or any other unintentional error or negligence relating to the in-formation published on the website. Please note that manufacturers may change the technical composition of product references without any notice.

8.2. Product availability

Stock information is available on each product page; in the event of a product being out of stock, please provide us with an e-mail address to let you know the stock has been replenished.

The products on offer are those listed in the catalogue published on the site. These products are offered while stocks last.

Product availability is shown in real time on the website. The stock situation is updated once a day. If the product is not available, you can use an e-mail form to ask to be notified as soon as the product is available again.

However, should the stock of the required product be exhausted between the time of your order and the replenishment of the available stock, we can offer you a product of equivalent quality and price; in this case, if you exercise your right of withdrawal, the return costs will be charged to us. However, you still have the right to cancel the sale and request a refund.

For products not in stock in our warehouses, our offers are valid provided they are available from our suppliers.

9. Completing an order

You need to have an account on our website to complete an order, which is completed when you select a payment method.

Any new customer can create a customer account, username and password when placing their first order on our website. (See Terms and conditions of use, Article 4). If you already have an account, please log in using your username and password. Each time you confirm your order, you will be directed to your account via a secure connection reminding you of the details of your order. The latter will be formally registered only after the information has been provided and final confirmation given.

The sale will be regarded as completed when you tick the box for approving these general terms and conditions of sale and click on the "Place order" button (agreement to the product and price).

Acknowledgement of your order (acknowledgement of receipt) will then be confirmed via our website by sending an automatically generated e-mail, to the e-mail address you provided when creating the customer account or placing the order.

The invoice is either attached to this second e-mail or attached to the package.

We may refuse to fulfil an order when it appears that you intend to resell the new products without our consent, have encountered an attempt at fraud or an unresolved dispute during an order placed, or when the order is placed by a minor without us having been guaranteed the consent of the legal representative. This also applies when a obvious error has occurred in the description of a product in the online catalogue or in the pricing information, despite the utmost care taken to ensure the accuracy of the information. We will notify you by e-mail, stating the reason for the refusal.

10. Payment methods

Your order will be prepared faster if you pay immediately.

Please note the regulatory provision that by clicking on the "confirm order and pay" button you are obliged to pay for the order placed.

Payments can be made by debit or credit card.

In order to ensure that orders are processed as quickly as possible and to offer the best possible service, please pay the purchase price when placing your order online.


Online payments are not subject to any additional charges.

Credit card payments are made using secure transactions provided by an online payment platform provider. We do not have access to any data about your means of payment. Payment is made directly to the bank or payment service provider receiving your payment.

In case of a payment by bank transfer, the delivery periods defined in the article below will start only from the actual date our bank receives the payment in the order account.

If the payment is not received within 7 working days from the date of the online order, the order may be automatically cancelled.

11. Cancelling a recent order

An order that has already been sent can be cancelled, provided that you refuse the package without opening it.

To cancel an order that you have just placed, please contact us quoting the invoicing name on the order and the order number.

 

Cancellation will be free of charge if the order has not yet been prepared. If the order has already been shipped, the order can be cancelled only if you refuse to accept the package, without opening it, and shipping and return fees may be deducted from the refund.

 

Professionals please note that they may not unilaterally cancel an order without our prior agreement, while orders placed directly by the purchaser or forwarded by agents representing us are only binding when accepted in writing.


12. Delivery

Delivery times

Our delivery times vary according to your geographical area and the carrier making the delivery. We will notify you if we discover a problem that may prevent us from meeting the maximum legal time limit of 30 calendar days.

Delivery is made to the address you provided when placing the order. Deliveries are made Monday to Friday, during normal business hours.

Unless otherwise specified on the site during the ordering process or in the description of the products ordered, we undertake to deliver the products in Europe within a maximum legal time limit of 30 calendar days.

In Belgium and neighbouring countries, we undertake to deliver within a maximum of 4 working days, while in other European countries (excluding islands and mountainous regions) the delivery time is 4 to 6 working days.

If the carrier notifies us of a delay in shipment or any other problem that may cause a delay, we will notify you by e-mail and let you know the likely waiting time and/or offer another option. The sale will be cancelled if you do not reply to this e-mail within 7 working days.

In any event, the items may be delivered on time only if the purchaser is up to date with the purchaser's obligations towards the seller, while a timely delivery may not be possible if the obligations are not being met, whatever the cause.

Late deliveries

Do not hesitate to report any delay in delivery so that we can conduct an investigation to find your package or provide a refund.

If the usual delivery time given for the country of destination is exceeded by more than 3 working days, the customer should notify the seller, so that the latter can launch an investigation procedure in-house and with the carrier, and, depending on the information received, either offer another deadline, or undertake a second shipment at the seller's own expense (it is up to the purchaser to refuse this second shipment and ask for it to be returned if the first shipment arrives in the meantime), or provide a refund.

If this new deadline is not met or is clearly not reasonable, the consumer may make a written request, within a maximum of 30 days, to cancel the sale. No complaints will be accepted after this deadline.

In the case of a termination or in the case of failure to reply to the e-mail notifying a delay / shortage of stock, the sums the consumer committed when making the order will be refunded within a maximum period of 14 days in the light of the payment for the undelivered products. This clause is not applicable if the delay is due to force majeure during the order preparation or delivery (see article in these general terms and conditions of sale on the limitation of liability). In such a case, the customer undertakes not to take legal action against the seller and waives the right to terminate the sale as provided for in this article.

Transfer of responsibility

Please note the regulatory provision that the risk of loss and damage to the products is transferred when you (or the person you have appointed) take physical possession of them.

Discrepancy during the delivery

Your package is properly packaged and insured against damage and theft, so please check the condition of the package upon receipt and refuse it if you have any doubt about its condition or contents.

Your purchases are packaged with the greatest care using appropriate protective materials. The attention we pay to packaging allows us to provide an optimum delivery service.

Shipped products are insured against deterioration and theft free of charge during the entire transport operation. You should therefore check the completeness of your order and all items in it upon receipt of the package and in the presence of the person making the delivery in order to raise a concern if necessary.

Should you notice any discrepancy concerning the external appearance of the package (tears, traces of moisture,... and other forms of deterioration) or you have any doubts about the condition or content of the order, you are obliged to refuse the goods upon receipt. The customer must mention any discrepancy on the delivery note, in the form of handwritten comments, together with the customer's signature. Any product that is refused must be returned to the carrier in its entirety and in its original packaging. We are not compelled to grant your request to exercise a right of refusal if you do not comply with these requirements.


In the event of absence

The telephone number or e-mail address you have provided will enable the carrier to contact you. If there is no delivery, you will be able to contact the carrier using the number and reference stated on the delivery note.

You will usually be offered several options for receiving your parcel:

· Ask for the parcel to be delivered a second time to the address initially given, but on the date of your choice.

· Ask for the parcel to be delivered to a new address of your choosing (date is usually a working day).

· Authorise the carrier to drop the parcel at your home or at the place you want if you are absent.

· Collect your parcel at a pick-up and go point of the carrier (see the date given on the note). In this case, there will be no further attempt to deliver your parcel.

If the package is not collected despite these options :

If your parcel is not returned to us by the delivery service, we shall contact you by e-mail after receipt of the parcel to ask you what you now want to do about the order. If you have mistakenly refused to accept the parcel or if you were absent at the time of delivery and you did not go on to retrieve the parcel from the carrier within the deadline, you will be able to ask for it to be sent back by making prior payment of the costs of sending it again. These fees must be paid even for orders for which shipping costs were free.

13. Right of withdrawal

You are entitled to notify us, within 14 calendar days after the day after delivery, that you are cancelling your purchase and to do so without being penalised or having to provide a reason. If all the appropriate requirements are met, you will receive a refund.

Pursuant to Directive 2011/83/UE of the European Parliament and of the Council of 25 October 2011 on consumer rights, you are entitled to notify us that you are cancelling your purchase within 14 calendar days after the product was delivered or the completion of the service contract, without being penalised (except for the charge for the return journey, which continues to be chargeable to you) and without having to state a reason. (See FAQ: Returns & Exchanges).

You can exercise this right of withdrawal by filling in the withdrawal form below or by means of any written document clearly stating your intention to withdraw and the items concerned.

Once we have received the document, we will acknowledge receipt of this form / written document within 3 working days.

If you withdraw less than 3 working days before the expiry of the withdrawal period, or in the absence of an acknowledgement of receipt, you must ensure that you use a way of forwarding this written document to guarantee that we actually receive it.

You should return the items to us without undue delay and in any event within a maximum of 14 calendar days after the day of withdrawal.

We recommend that you insure the package in case of loss by the carrier or at least opt for a parcel tracking service.

The other return methods are described in the article "Return of products".

If you wish to exercise your right of withdrawal, the refund will be made by the payment method used at the time of purchase (unless we agree together on another method). It will be made within a maximum of 14 days after the right of withdrawal has been exercised. However, if the product has not been returned within 14 days, the refund will be postponed until you have sent us proof that the package has been returned.

You will be held liable for any deterioration in the value of the item resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this product.

Specimen withdrawal form:

For the attention of LANAFORM, Rue de la Légende, 55, 4141 Louveigné, Belgium (info@lanaform.com)

Customer's last name, first name and address:

Date of the request:

Subject: Withdrawal

Dear Sir or Madam,

I wish to exercise my right of withdrawal provided for in article 53 of Book VI of the Code of Economic Law, concerning the contract for the order placed with your company on the website www.birkenstock.be and relating to the following item:

Order date and reference number:

Total amount incl. taxes:

Your full cooperation will be appreciated.

Yours faithfully,

Date and signature:

 14. Warranties and after-sales service (ASS)

Our products carry a warranty. Please get in touch with us before returning a product for repair so that we can provide you with a return receipt and written permission. We may redirect you to an approved service centre near you. Any damage resulting from your misuse of our product will not be covered under warranty.

All our sold articles are covered by the legal warranty of fitness, the legal warranty against hidden defects and the manufacturer's warranty of 2 years (excluding consumables).

The warranty of fitness may be exercised if a defect is found on the day of the product is acquired and we will be liable for any lack of fitness that becomes apparent within two years after that day. If the defect is discovered within 6 months after delivery, it is presumed to have been present when the goods were delivered, unless the seller can prove otherwise. Conversely, after this period of 6 months, it will be up to the customer to prove that the defect existed at the time the goods were acquired.

You may ask for the warranty to be exercised for hidden defects if the defects revealed did not appear at the time of purchase, predate the purchase (and therefore did not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or reduce this use to such an extent that you would not have purchased the product or would not have purchased it at such a price if you had been aware of the defect).

Please note that the warranty does not apply to the repair of damage after delivery resulting from a cause unrelated to the product (such as a fall, impact, oxidation, damage related to a loss,...) or from a fault that is your responsibility, including, but not limited to, misuse or an installation inconsistent with the manufacturer's specifications, use detrimental to the proper preservation of the product, use of a commercial or collective nature or the use of unsuitable accessories. Also excluded from the warranty are products altered, repaired, incorporated or added by yourself or any other person not authorised by the supplier, the replacement of parts, accessories or consumables for which regular renewal is required.

In the case of products that are inconsistent with the information provided when the products were presented on the site or have hidden defects, they will be replaced or refunded depending on the availability of similar products and your requirements.

Complaints should be made as soon as possible after discovering a defective or non-conforming product (in the case of an apparent defect on delivery, this period is a maximum of 7 days), by post or by sending an e-mail in the light of the seller's contact information. A failure to do so will result in a forfeiture of the right to complain. You should ensure that the problem in question is described in detail by attaching any information that will allow the validity of the claim to be properly assessed (for example, by substantiating it with photographs).

Once the claim is accepted, we will ask you to return the defective product before any exchange operation is undertaken. In this case, you should return the product to us, at our expense, using the transport system that we specify.

Upon receipt, we will proceed with the exchange operation (see return methods in the following article "return of products"). If it is impossible to exchange the product (obsolete product, out of stock,...), we will try to offer a comparable product of at least equivalent quality. Otherwise, we will provide a refund, taking into account a proportional depreciation (ratio between the operational life and the usual lifespan of the product purchased, set by agreement at 5 years).

15. Return of products in case of withdrawal / exercise of the legal warranty

Get in touch with us before returning any products. Be careful with the packaging to ensure that the returned product is well protected. Choose the parcel tracking service available from the carrier.

Our written consent is required prior to any return.

The return charges are payable by you if you exercise your right of withdrawal. They are our responsibility if the legal warranty is used.

In order to ensure the request is duly processed, you are asked to attach a copy of the invoice.

Any product to be exchanged or refunded must be returned to the postal address mentioned above, as far as possible in its original packaging, in its entirety (along with any accessories and documents where applicable) and in perfect condition. All accessories should be included if applicable.

You will be required to choose suitable packaging (if the original packaging has not been kept) and to protect the items returned inside the package as carefully as they were when they were delivered.

If the above obligations are not met, you will lose your right of withdrawal / warranty and the product will be returned to you at your expense. We will not be held responsible for any defect resulting from your clumsiness or improper operations.

If the returned parcel fails to reach us, we will not be required to proceed with an exchange / refund (or repair free of charge in case of the warranty being used), unless you have chosen a parcel tracking solution available from the carrier.

16. Framework governing the terms and conditions – Change to the terms and conditions

Our terms and conditions are archived. They can be changed at any time. Each provision is valid individually. The language used is French.

If any provision in the general terms and conditions of sale is held to be unlawful, void or for any other reason unenforceable, that provision will be deemed severable from the terms and conditions and will not affect the validity and enforceability of the remaining provisions.

These terms and conditions describe the entire agreement between the user and the website. They replace any previous or current written or oral agreements. The general terms and conditions may not be assigned, transferred or sublicensed by the user personally.

The failure to apply one or more provisions in these terms and conditions may never be regarded as a waiver of these conditions.

A printed version of the terms and conditions and any notifications provided electronically may be required in judicial or administrative proceedings relating to the general terms and conditions.

The parties agree that any correspondence about these general terms and conditions must be written in French.

We may change these terms and conditions at any time. The general terms and conditions applicable to you are those in force on the date of your online order. We will of course keep all the earlier versions of our general terms and conditions and send them to you on request.

17. Keeping and archiving evidence and transactions

We keep a record of our correspondence, orders and payments.

Computerised records (in particular correspondence, orders or other transactions between the parties, payments and invoices) stored in our computer systems and those of our partners are kept in reasonably secure conditions, on a reliable and long-lasting medium, in order to be able to provide a true and long-lasting copy. They will be considered as proof of correspondence, orders and payments between the parties, unless proven otherwise.

Exchanges between the e-mail address provided to us and the e-mail address provided above will be deemed to be reliable written documents unless proven otherwise

18. Methods and time limit for complaints regarding contractual documents

Send us an e-mail if you have any questions.You should notify us, in writing, of your complaints within 365 days after the cause of the problem giving rise to the complaint.

Send us an e-mail if you have any questions or comments about the pricing terms, disclaimers or the rest of our general terms and conditions of sale.

Any comments about these general terms and conditions of sale, general terms and conditions of use, legal notices, or the privacy policy should be made in writing and should be delivered by hand, registered or certified letter, by post via a courier service enjoying European-wide recognition that regularly tracks its packages, or by e-mail to the address indicated above, specifying your full name, contact details and the basis of the opinion.

Any complaint regarding the use of the website, the site pages on any social networks must be made within 365 days after the day on which the problem giving rise to the complaint occurred, regardless of any law or rule of law to the contrary. In the event that such a claim has not been made within this period, it cannot be irrevocably accepted.

19. Applicable law and dispute settlement

Your sales are subject to Belgian law. Before initiating legal proceedings, an out-of-court settlement may be sought on a bilateral basis. The services of a professional mediator may also be called upon.

Applicable law

These general terms and conditions are governed by Belgian law, unless otherwise provided for by international law.

Out-of-court settlement

With the exception of public policy provisions, any disputes that may arise in connection with the performance of these general terms and conditions may be submitted to us with a view to achieving an out-of-court settlement prior to any legal action. It is expressly reiterated that requests for out-of-court settlements do not suspend the time limits for instituting legal proceedings.

Consumer mediation

In accordance with Book XVI of the Code of Economic Law, our consumer customers are referred to the European Commission's online platform for the settlement of consumer disputes: www.ec.europa.eu/odr. This official site describes how out-of-court dispute settlement systems work, allows complaints to be made online, and lists the various authorised dispute settlement bodies.

The “Consumer Mediation Service” offers a neutral and free service for Belgian consumers.

Contact information for the Consumer Mediation Service in Belgium:

North Gate II, Boulevard du Roi Albert II 8, 1000 Brussels.

Please note that mediation is not obligatory but recommended only for the purpose of settling disputes and avoiding have to resort to legal proceedings. Either party may object to mediation.

Legal proceedings

In the absence of an out-of-court settlement (or mediation leading to a proposal accepted by both parties), we will designate the courts of the judicial district of Liège (Belgium) as the only competent courts, except in the case where the user is a European consumer and the jurisdiction of these courts cannot be valid in view of the current regulations

Unless otherwise specified, public policy, any legal action relating to the performance of this contract will be subject to the competence of the courts within the jurisdiction of the court of appeal before which proceedings are brought.