Terms of Service
Every action done on this site confirms that you have read the Terms of Service, have understood its contents and have agreed to its terms and rules regarding participation on this site, and that there will be no claim or legal dispute against this site on your behalf from use of this site, and/or its representatives in connection with the aforementioned.
These regulations and the following terms shall have the meanings set forth by them as described, unless otherwise out of context.
The Store and/or The Site - BirkiMe Australia virtual store website www.birkiaus.com
The Company and/or The Operator – Danawu GmbH. 9 Pfarrer-jungklausstr. 13189, Berlin
Web Surfer - individual and/or organization that entered the BirkiMe network via the internet.
Buyer - the web surfer who conducted the act of purchasing a product/products in the store.
Purchasing and/or Acquisition - purchasing a product in accordance with the store regulations.
Web surfers are aware that a precondition for any purchase and/or any financial transactions of any kid on the site is considered an approval from the credit card company for the purchase and the collection of funds by the Operator.
Product descriptions and price are those that are listed in the captions on the website.
The web surfer who wants to purchase products on the site will be required to put in the following data:
First name, last name, complete address including the street name, house number, apartment number, city, and zip code, as well as telephone number, e-mail address of the user, credit card and expiration date of the card in order to identify the user when purchasing products on the site, and the unit number of each product the user wishes to purchase.
The buyer is fully and exclusively responsible for any errors in entering data, and the buyer will bear any consequence that may arise as a result of an error in data entry. Computer records that will appear are based on the data that was previously entered by the buyer.
Once the buyer enters the data, they are held liable for purchasing the product and paying the price specified on the site. The buyer is held accountable for ensuring that the credit card company will provide the amount committed to by the buyer.
Products on the Website
The products offered for sale on the website, the type and quantity, will be determined at the sole discretion of the Company.
The Company keeps the rights to add products and/or remove products from the website and holds sole discretion to determine the price.
The Company will present the price of each product and the cost for shipping the product to the buyer. The Company takes responsibility for the product to be delivered within 21 business days from Germany to Australia, whereas the business days in Germany and Australia are: Monday, Tuesday, Wednesday, Thursday and Friday when these days are not days of rest or holiday. In the event that the product is not supplied to the buyer within the 21 business days from the date of purchase, the buyer has the right to cancel the purchase and receive a complete refund unless the delay was caused by factors outside the control of the Company, the logistic supplier, whereas then the order would not be cancellable. With the cancellation of the aforementioned transaction and the refund to the buyer, the buyer will not have a claim and/or suit against the Company regarding this transaction.
Every product ordered from the website will sent directly to the BirkiMe logistic center in Berlin, Germany. At the time of the purchase the buyer will be responsible for importing the product.
The payment process is done through PayPal’s worldwide services which provides a secure platform for credit card services and with Stripe secured payment.
Billing is done in Australian Dollar (CAD) with the Danawu GmbH, the site Operator.
In the event that a credit card company refuses to allow the Company to collect the funds, the Company will consider this to be a cancellation of the order by the buyer and all regulations regarding buyer cancellations of order shall apply.
The buyer shall not be entitled to receive the product purchased before they have paid the full amount or before the credit card company has given their approval to collect the proceeds. If the buyer purchases a product and afterwards, for any reason, the funds weren’t cleared or the shop did not receive payment for the product, it is upon the buyer to provide payment within 3 days of the payment request.
Your shipment is insured! If the postal company Australia Post or German) has lost, or caused damage to the shoe then the shoe will be credited by them under the Terms of Insurance Policies.
Shipment on the site is free, and the products are shipped directly to you from Germany from the Logistics Center of BirkiMe in Berlin. Therefore, there is no option to pick up the product from the Logistics Center in person.
Goods that were delayed in Customs for some reason can only be released by the buyer. The Company is not responsible for delays and/or failures and/or strikes at the airports, customs, postal authorities in Germany and in Australia or any higher forces which may delay or terminate the shipment. Any delay due to one of the reasons mentioned above shall not be considered grounds to cancel the transaction.
The Operator’s warranty for the products is limited to the amount the buyer spent on the product.
The warranty for the quality of the product is held by the manufacturer of the product in accordance to the law.
The Operator will replace or return funds to the buyer if a product is defective, in accordance to the following terms:
The product was returned to the Company within 14 days.
The product was returned in its original packaging without it ever being used, or it was minimally used until the damage was found.
The buyer returns the product to the Company without any damage to its container.
The order number, full name and address of the buyer has been added to the product. And the buyer will permit the Company to transfer their name and address to the manufacturer of the product.
Cancellation of the Purchase by the Buyer
The buyer is entitled to cancel the purchase within 14 days from receipt of the product in accordance to the following terms:
Cancellation will be made within 14 days of receipt of the product, or disclosure agreement, whichever is the latter between the two.
If the cancellation is not being done due to corruption or failure to receive the product at the time prescribed, or any other breach of contract, the buyer's money will be held for 14 days from the date the cancellation request was received, except for a cancellation fee of 5% or $15, whichever is higher between the two, and the product will be returned at the expense of the buyer.
It shall be known by the buyer that in any case where the buyer does not make contact with the Company to coordinate delivery of the product, within 14 days of the purchase, then this purchase will be considered a cancellation by the buyer. In such case, the Company will not need to supply the buyer with the product, and the buyer will have no claim and/or dispute against the Company for cancellation of the transaction according to this section.
If as a result of factors beyond the Company’s control, including and not withstanding the following: computer or telecommunication issues and/or hostile acts and/or general strikes and/or additional taxations and/or imposition of obligatory payments in addition to those known at the time of the purchase and/or higher forces, all of which could delay and/or prevent the sale of products and/or the supply and/or prevent the Company from performing their obligation to supply the buyer with the product they purchased. The Company will then be entitled to cancel the purchase and refund the buyer's money, if already paid, at the expense of the buyer whereas the buyer will have no claim and/or dispute against the Company for cancellation of such a sale.
An error in the product description caused by the Company will entitle the buyer to cancel the transaction without any cancellation fees and the buyer or the bidder shall not be entitled to any compensation and/or any payment from the Company. The Company retains the right to change the provisions of these regulations periodically at its own discretion. The relevant Terms of Service contract will be the one published on the date of the transaction.
All titles and intellectual properties including the software, graphic design, and information contained therein, and any other information related to the site, are solely owned by the Company and no individual shall have the right to make a dispute or claim against the Company with respect to these rights and upon this individual to not use any of these right without the approval of the Company.
All proprietary rights for any technological material including software, hardware, specifications, data, processes, inventions, improvements, trademarks, trade secrets and other information that can be identified and in some way related information to this site are solely owned by the Company, and no other entity will have the right to its use.
Exclusive jurisdiction in any dispute and/or claim of a web surfer and/or buyer against the Company shall be in a competent court in Berlin, Germany.