OUR DISPATCHES HAVE BEEN AFFECTED CURRENTLY. DELIVERIES WILL TAKE TIME THAN USUAL.

General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this website. www.birkenstock.in.

This website by the URL www.birkenstock.in and all the web–pages, hyperlinks, tools, and Services (“Website”) provided thereunder is owned and operated by Net Distribution Services Pvt. Ltd., a private limited company registered under the Indian Companies Act, [1956/2013] (hereinafter referred to as “NDSL”, "ND Commerce", “Company”) and having its registered office at A 302, Dipti Classic, Suren Road, Andheri East Mumbai 400093. The Website features logos, trademarks, tradenames, slogans and other indica of origin that are the registered trademarks of BIRKENSTOCK INDIA PRIVATE LIMITED (“Birkenstock”). The arrangement between the Company and Birkenstock is on arm’s length principal to principal basis and the Company is not an agent or partner of Birkenstock.

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or agree to avail Our Services through this Website, or otherwise access Our Website for use of the “Service” accessed on the Website (“Our”, “Us”, “We”, “Site”).

These terms and conditions (“Terms of Use”) shall govern your access to and use of the Services however accessed, as well as any and all information of whatever kind and nature appearing on the Website or otherwise available through the Services. Please read these Terms of Service carefully before using the Site; your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Use. By accessing the Site or using the Services in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Site. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use.

We may, in our sole discretion, make changes to these Terms of Use, from time to time with or without notice to you. Each time changes are made to these Terms of Use, a revised version of these Terms of Use will be posted on the Site. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.

Privacy Policy

We respect the privacy of others. Any information that you provide us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes your consent to the collection and use of your certain information, as described in our Privacy Policy.

Member Registration

Users, as may be approved by the Company, shall have the right to use the Service provided by the Company via its Website.

Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Website and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.

You would be required to provide certain personal details. You agree to provide true, accurate, current and complete information about yourself. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then the Company may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the Services (or any portion thereof) permanently. If there is any change in the information provided by you, you will be required to update us about the same. It will be your responsibility to maintain confidentiality of your account and password for preventing unauthorised access. If you have a reason to believe that your account has been accessed without your consent, you are required to inform us immediately on customercare-india@birkenstock.com, We may cooperate with you in case of such unauthorised access, but We will not be liable for any damage or loss to any one as a result of such unauthorised access or use of your account.

When You register on the Website, your personal information will be registered automatically in Our database which will be maintained and used by the Website in accordance with the Privacy Policy.

Billing and payment

The pricing information is available on the Site. We may change the price without prior notice, but will work towards providing a reasonable advance notice via Website or email.

Refund and Termination of account

You may stop using our service at any time. However, the return and refund shall be governed by the Company’s return and refund policy of the Company available on Refund & Cancellations.

Content

By availing the service, you provide us with access to your personal information (collectively, “your data”) available from third party applications. You will retain ownership of your data and will solely be responsible for the content of your data. By permitting our Service to manage your data, you grant us worldwide, non-exclusive, royalty-free rights to use, copy, distribute and prepare derivative works in order to enable us to technically operate the Service.

You may view on, or access through the Service (“Content”) a variety of information, written content, photographs, graphics, images, illustrations, marks, logos, and other materials that are available on the Website. Our Service includes a combination of content that We create, that third parties create, and that our users create. No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We or the third parties, respectively, reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Service.

The Company uses third-party user-generated content including but not limited to written content, photographs, graphics, images, illustrations, marks, logos. You may use such third-party generated information on the services purposely made available on the Website, provided that you do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information without the prior consent of the respective third party. Your use of these third-party user generated content may be subject to the separate policies, terms of use, and fees of these third parties.

The Company and/or Birkenstock owns, has licensed, or otherwise has rights to use all of the Content that appears in the Service and on the Website. You may not upload, post, email or transmit any computer files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interface with or disrupt our Service or network connected to our Website. We reserve the right to terminate your account if you exceed the resource usage to unreasonable amount for unreasonable period of time. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any Content that appears in the Service and on the Website.

You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or conflicts with any applicable law, rule or regulation.

Disclaimer of Warranties

The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Warranties Of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, freedom from interruption, viruses or other defect, and non-infringement.

Our Website may contain links to third party Websites. You agree that We are not liable in any way for the content of any such Website and the possible loss arising out of your use of any such Website.

Limitation of Liability

You acknowledge and agree that in no event will the Company (including, without limitation, our affiliates and their respective officers, directors, employees and agents) have any responsibility or liability for the deletion of, or the failure to store or to transmit your content and other communications maintained by the Service. You are solely responsible for any risks associated with the use of our services including unavailability of uninterrupted, timely, virus free service. While We make every attempt to make your access and use of our service safe, damage to your systems or data because of its use shall be your responsibility. We shall not be liable for any direct, indirect, special, punitive, incidental or consequential damages or loss arising out of the use of our services or our Website.

Interpretation

These terms of use, which includes our Privacy policy constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

The Company’s failure to enforce the strict performance of any provision of these terms of use will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provisions of these terms of use. No waiver of any provision of these terms of use shall be effective unless in writing.

Governing Law and Dispute Resolution

These Terms of Use shall be subject to and construed in accordance with the laws of India and the parties hereby submit to the exclusive jurisdiction of the courts of New Delhi.

In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of these terms of use, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 2019 including any amendment or re-enactment thereof, by a single arbitrator, who shall be appointed by the Company. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be New Delhi. The award of such arbitration shall be final and binding upon the Parties hereto.

Governing Law and Dispute Resolution

If you have any questions or concerns with respect to this Terms of Use or the Website or any information contained on thereon or You come across any activity on the Website that breaches any provisions of this Terms of Use, You may contact Us by writing to Us at customercare-india@birkenstock.com