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 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.
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 firstname.lastname@example.org, 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.
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.
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.
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.
Governing Law and Dispute Resolution
Governing Law and Dispute Resolution