TERMS & CONDITIONS
INTRODUCTION
Please read these terms and conditions carefully before using and purchasing products on our online store, www.bymalenebirger.com (the "Website"). By using and purchasing products on our Website, you accept these terms and conditions.
As these terms and conditions may be updated from time to time (e.g., to reflect changes in technology, our business model, our systems’ capabilities or relevant laws and regulatory requirements), we recommend that you check this page regularly to take notice of any changes that we may have made in these terms and conditions.
ORDERING
Our Website is open 24 hours a day, but may, however, be closed due to maintenance work. For your convenience, we endeavor to execute such maintenance work during the nighttime.
In order to purchase products on our Website, you must be at least 18 years of age and possess a valid credit card accepted by us. You have the right to inform us of your withdrawal of your purchase, without penalty and without justification, within 14 days as of the day that you take physical possession of the products.
Please note that we only accept orders from private consumers. You are therefore not allowed to place orders for or on behalf of a business.
Your national legal guarantee of conformity for products applies to your purchase.
We can only fulfil your order, if the delivery address is a home or office address in one of the countries that we deliver to. We do not deliver to P.O. boxes. We may decline an offer or cancel a purchase in any of the situations listed below, without being liable for any damages or costs. We will notify you by e-mail in advance of any such action in order to resolve the issue and we will return any applicable payments made to us without deduction.
· Your payment information is incorrect or unverifiable, or you are not approved in the credit evaluation.
· Your order may have been placed for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
· There was an unintentional error on our Website (e.g., a payment error).
· We have reason to believe that you are a minor under the age of 18.
· We are unable to deliver to the address provided by you.
By placing an order on our Website, you are making an offer to us to purchase the products that you have selected in accordance with these terms and conditions. We may or may not accept your offer at our sole discretion. We can only accept offers that are made through our Website. We cannot accept offers made by phone, e-mail, ordinary mail or fax.
AGREEMENT
The moment that you click "Place order" and the receipt is displayed on your screen, you are bound by your offer (please, however, see "Returns, Withdrawals and Complaints"). The receipt that you receive is an automated acknowledgement that means that we have received your submitted offer. The acknowledgement does, however, not mean that we have accepted your offer, and we reserve an explicit right to decline your offer after you have received the automatic acknowledgement. If we accept your offer, you will receive an e-mail from us confirming that we have accepted your order (i.e., an order confirmation). The agreement between you and us will be effective from the time that the order confirmation is sent.
If you have made an error when placing your order, please contact us and we will be happy to assist you. Please, however, always make sure to review your offer before placing it. Before submitting, you have the possibility to edit any information that you have entered, such as the shipping or billing address or credit card information, or change or delete products in your shopping bag.
LANGUAGE OF THE AGREEMENT
The language of the agreement is English.
ACCESS TO THE AGREEMENT
We store all agreements made, including your offer and our order confirmation, and we recommend that you file these documents too, as the documents will not be accessible later.
FRAUD SCREENING
In order to protect our customers and maintain their security, we may run verification checks on the data that you submit when you place an offer. These checks may include address and payment verification and screening of your offer in order to prevent fraud.
RESPONSIBLE PURCHASING GUIDELINES
We want to offer the best shopping experience for our customers, but at the same time, we have a greater focus on sustainability, for which reason we require our customers to display a responsible purchasing behavior in accordance with our responsible purchasing guidelines specified below.
In order to purchase products on our Website in accordance with our responsible purchasing guidelines, you must not attempt to commit fraud or otherwise act with any intent to violate applicable laws, not misrepresent yourself or wrongfully pretend to be a consumer, not exert undue pressure on or threaten our staff, and intend to keep the products that you order. Such intention to keep the products that you order does not, however, prevent you from using your legal right of withdrawal (or any other legal right) in accordance with these terms and conditions.
Purchasing behaviors that can be considered as being a violation of our responsible purchasing guidelines are, for example, attempted fraud in connection with returns (such as exchange/forgery of labels and price tags and incorrect claims about lost products), to falsely pretend to be a consumer in order to purchase (in order to, for example, market or resell the products within the framework of a business or buy products to photograph them within the framework of a business and then incorrectly make use of the legal right of withdrawal that only applies to consumers), attempts to unduly influence or threaten our staff, and excessive and abnormal purchasing and returning behaviors indicating that the customer had no intention of retaining the ordered products.
If we have any reasonable grounds to suspect that any of our customers are displaying any purchasing behavior in violation of our responsible purchasing guidelines, we reserve the right to suspend such customers, refuse such customers from purchasing products from our Website either temporarily or permanently, and withdraw benefits from any membership of such customers.
Our assessment of whether you are in violation of our responsible purchasing guidelines is based on several objective criteria, including, but not limited to, purchasing frequency, order and return composition, return history, alleged missing products under delivery, and attempts to circumvent with false identity. We will also assess whether the purchasing behavior is systematic (as opposed to being an isolated/random behavior).
We strive to make our assessment as fair and accurate as possible. You always have the right to request that we reconsider our assessment by contacting us.
PAYMENT
We accept the payment methods listed below. Depending on which country you purchase from, the available payment methods may vary.
· VISA
· MasterCard
· American Express
· Apple Pay
· Maestro
· Paypal
· Bancontact
· iDeal
· Klarna Pay Now
· Klarna Pay Later
· VISA/Dankort
· Carte Bleue
Please note that we cannot accept any payment methods not listed above. If you try to pay by any other methods, we will not be liable for your loss of payment or any other damages caused by your action.
CREDIT CARD VERIFICATION NUMBER
In order to maintain your own security and prevent fraud, you will be asked to enter your Card Verification Number (CVV) when paying with a credit card. You can find the 3-digit number on the back of your credit card. It generally appears to the right of your credit card number.
PAYMENT PROCESSING
If you place your order with a credit card, the payment will be deducted from your bank account when your order and data have been verified and your ordered products leave our stock for delivery.
If you place your order using Paypal, Klarna Pay Now, Bancontact, iDeal or a debit card, the payment will be deducted from your bank account when your order has been placed.
If you place your order with Klarna Pay Later, the payment will be deducted from your bank account once you have paid the invoice. Please note that your billing address must be entered exactly as it appears on your bank statement.
PRICES & VAT
All prices on products, delivery charges and other services include value added tax (VAT), excluding the United States and Canada, where VAT is excluded. The delivery charge is added per order.
In the order summary in the checkout, once you have selected the delivery option, we will always inform you of the total price, including all taxes, VAT and other costs, such as fees and possible delivery costs, before you place your order.
The prices displayed on our Website are those that apply at the time of your purchase. The prices may be subject to change without notice, but such changes will not affect orders which we have accepted. We endeavor to avoid information errors, but please note that pricing errors, spelling errors and other errors or mistakes may occur from time to time.
We will verify prices as part of our confirmation procedures. If the correct price is less than our stated price, the lesser amount will be charged to you. If the correct price is higher than the price stated on our Website, we will attempt to contact you. If we are unable to contact you, we will reject your offer and notify you by e-mail.
CURRENCY
All displayed prices are quoted in the currency that refers to your country. If you want to change the country selection, please use the country selector at the top of our Website. Your delivery address will decide which currency you will be charged in.
Please note that changing the country of delivery may have an influence on the price and the delivery costs.
You may pay in any of the currencies listed below:
· Danish Kroner (DKK)
· Euro (EUR)
· Norwegian Kroner (NOK)
· Swedish Kronor (SEK)
· Swiss Francs (CHF)
· UK Pound Sterling (GBP)
· US Dollars (USD)
ORDER SECURITY
We utilize Security Socket Layer (SSL) technology, one of the most secure systems for ordering online that allows encryption of your information, such as your name and address, and critical personal information, such as credit card information. Your information will be encrypted from the moment you enter it, and your personal information will not be saved on a public server. That means that information passed between you and our Website cannot be read in the event someone else intercepts it. The SSL technology provides an authentication that assures your browser that your data is being sent to the correct secure computer server; an encryption that encodes all data, so only the secure server is able to read it; and a data integrity that checks that the transferred data has not been altered.
SHIPPING & DELIVERY
We currently deliver to the following countries:
Europe:
Austria (excl. Riezlern)
Belgium
Bulgaria
Croatia
Cyprus (excl. the part of the island governed by Turkey)
Czech Republic
Denmark (excl. Faroe Islands and Greenland)
Estonia
Finland (excl. Aland Islands)
France (excl. Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Monaco, Saint Pierre, Wallis and the Futuna Islands and New Caledonia)
Germany (excl. Island Helgoland and area of Busingen)
Greece (excl. Mount Athos)
Hungary
Ireland
Italy (excl. Campione d´Italia, Livigno, San Marino and Vatican City)
Latvia
Lithuania
Malta
The Netherlands (excl. Aruba and the relevant territories of the (Dutch) Antilles)
Norway (excl. Svalbard)
Poland
Portugal
Romania
Slovakia
Slovenia
Spain (excl. Canary Islands, Ceuta and Melilla)
Sweden
Switzerland
United Kingdom (excl. Isle of Man, Jersey and Guernsey)
Rest of the world:
Australia
Canada
Israel
Hong Kong
Japan
Kuwait
Qatar
Saudi Arabia
Singapore
South Africa
South Korea
United Arab Emirates
United States (excl. American Samoa, Guam, Virgin Islands, Northern Mariana Islands and Puerto Rico)
DELIVERY TERMS
All deliveries must be signed for at receipt, unless another option is provided by the courier.
If the order is delivered to a pick-up point, the courier will keep the parcel for 10 calendar days before returning it to us as undelivered.
Your ordered products will be delivered from Monday through Friday, and the exact delivery time depends on the country of delivery.
An order that has been submitted on a Danish public holiday will be processed the next working day following the public holiday.
Please note that we do not ship to P.O. boxes.
We do not offer delivery on a designated day or time. All orders are processed in chronological order.
For delivery times and costs, please see the options available directly in the checkout section of the cart on our Website.
TRACK YOUR ORDER
When you have an account on our Website, you can track your orders by visiting "Account" and clicking "My orders". There you can view your past orders and the status of your current order.
If you do not have an account, please contact us and we will do our best to inform you about your order status.
SPLIT DELIVERY
If your order consists of several products, we reserve the right to split the delivery. This may, for example, happen if certain products are delayed at the time of ordering. In the event of split delivery, you will receive tracking for each parcel. You will not be charged for any additional delivery costs.
PRODUCT INSPECTION
Please note that you will bear the risk for the products that you have ordered when the delivery is completed. If the packaging appears to be damaged, please do not accept the shipment.
Without prejudice to your statutory rights and remedies, you have an obligation to inspect your products for any faults and, in such event, to give us notice of any complaints. In case of any defective products or a nonconformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price and all delivery costs when we have handled your return. You also have the right to keep the defective product and ask for a reduction of the price.
RETURNS, WITHDRAWALS & COMPLAINTS
THE RIGHT OF WITHDRAWAL
If you are a consumer (i.e., a private individual, which is not purchasing products on behalf of a business), you may withdraw your order at any time within 14 days.
The withdrawal period commences on the day that you take physical possession of the products and expires 14 days later. In case of split deliveries, the withdrawal period expires 14 days after the day that you take physical possession of the last product.
EXERCISE OF THE RIGHT OF WITHDRAWAL
Before the expiry of the withdrawal period, you must inform us of the withdrawal with a notice sent on paper or another durable medium to which we have access, e.g., by ordinary mail or e-mail. You may use the withdrawal form attached below, but it is not obligatory.
You must also return or give back the products to us within a reasonable time from sending the notice, and in any case no later than 14 days from the day on which we were informed about your decision to withdraw from your purchase.
You can also exercise your right of withdrawal if, before the expiry of the 14-day period, you hand over the products to the postal services or another operator who has taken on the task of forwarding the products to us, even if you have not given prior notice to us.
You may also exercise your right of withdrawal by abstaining from receiving the products or by abstaining from collecting them at the post office, etc.
EFFECTS OF WITHDRAWAL
If you use your right to withdraw, we will reimburse you the purchase price and the delivery and return costs, subject to the following:
Delivery costs will only be reimbursed to you, if you return the whole order (as opposed to returning only part of the order), and if you have chosen the least expensive type of standard delivery. Additional costs for a more expensive type of delivery, such as express delivery, will therefore not be reimbursed.
Return costs will only be reimbursed to you, if you return the whole order (as opposed to returning only part of the order), and if you have chosen the free service provided by us. Return costs will therefore not be reimbursed, if the products are returned by any other means.
Repayment will be made without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from your purchase. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
You will only be liable for any diminished value of the products resulting from the handling other than what is necessary in order to establish the nature, characteristics and functioning of the products.
RETURN PROCEDURE
To return an order, simply navigate to our return portal here.
How to submit a return in our return portal:
1. Fill in the e-mail that you have used to place the order and the order number for the order that you wish to return.
2. Select the products that you wish to return and continue to choose your reason for the return of your order and the carrier you wish to return with. Continue to confirm the return of your order.
3. The return label will be sent to your e-mail. Print the label and attach it to the outside of the parcel and drop it off at your selected return carrier.
We aim to process a refund within 3 days of receiving your parcel and send you an e-mail to let you know that we have received and processed it. After you have received the e-mail, please allow another 5-10 working days for the refund to be credited to your account. The amount of time this takes will depend on which bank or card issuer you have.
If you have any questions regarding your return or refund, please contact us.
Returning from a country outside of the EU:
If you are returning from a country outside of the EU, kindly follow the below steps:
1. Print 3 pieces of the return proforma invoice.
2. Attach them to the package (1 inside of the package, tape 1 on the outside of the package and 1 separate for the carrier).
3. Deliver it to your selected return carrier.
As your return needs to undergo customs handling, it may take up to a month.
You are always welcome to contact our Customer Care at any time during your return process if you have any questions.
Please note that you have to return your order from the country that you have ordered from. If you wish to return products from another country, please contact us for further information and permission.
Can I return my order in one of your stores?
Unfortunately, all products purchased on our Website must be returned to our warehouse in Brøndby, Denmark, as our stores are not set up for online returns.
RETURNING SWIMWEAR
Swimwear may only be returned if it is unworn and it includes the hygiene sticker. The return of swimwear where the hygiene sticker is missing will not be accepted.
RETURNING JEWELRY
Jewelry must be returned in a good and undamaged condition and in its original packaging. If the returned jewelry shows signs of damage or use, other than what is required to establish the nature, characteristics and functioning of the jewelry, you will be liable for any loss of value of such jewelry.
You may normally examine jewelry in the same way that you would in the store, but you may not use it. If you have used it in a way that you may not or in a way that you are not able to do in a store and we cannot sell it again for its full price, you may expect that we deduct the depreciation value from the amount to be refunded to you.
RETURNING DEFECTIVE PRODUCTS
When we ship your products, we do our best to make sure that the products are of top quality and in perfect condition. In case of defective products or a nonconformity with your order, you have the right to return the defective products and we will refund you the purchase price and all delivery costs when we have handled your return. You may also choose to keep the products and ask for a price reduction. Please note that products that are damaged as a result of wear and tear are not considered to be faulty.
The claim must be made when you discover the defect. Any notice given within a period of two months after you have discovered the defect is deemed a timely notice, but in certain cases a longer period may apply under applicable law. Please contact us and we will arrange for the products to be collected by our courier. If you wish to place another order, we will be happy to assist you.
Please note that any such claim requires that you have not used the products inappropriately and that the products are not defective due to your conduct.
Please advice with the consumer complaints authorities in the country that you purchase from for any specific rules that apply in that country.
Sweden
Customers subject to Swedish law have the right to return products within 36 months.
France
For customers subject to French law, the following applies:
- The warranty against any hidden defects of the products sold, which applies for two years following the discovery of the defect.
- The warranty of conformity of the Civil Code, which enables you to require that the products delivered be the same as the products ordered, and which applies for five years from the date of delivery of the products.
- The warranty of conformity of the Consumer Code, which applies for two years from the delivery of the products.
INCORRECT ITEMS
Occasionally, the wrong products may get sent out. If this has happened to you, we sincerely apologize.
Please contact our Customer Care, who will be able to re-order the correct products for you and arrange for the incorrect products to be collected by our courier.
REFUND INFORMATION
After we have received and processed your request, you will be issued with the appropriate refund. We aim to process a refund within 3 days of receiving your parcel, or of receiving evidence of you having sent back the parcel, and send you an e-mail to let you know that we have received and processed it. After you have received the e-mail, please allow another 5-10 working days for the refund to be credited to your account. The amount of time that this takes will depend on the bank or card issuer that you have. Unfortunately, this delay is outside of our control. You can expect a refund in the same form of payment originally used for your purchase. In the event that we are unable to refund your credit card, we will contact you to arrange an alternative means of refunding your order.
PRE-ORDERS
Customized orders cannot be cancelled before shipment, as we start producing the customized products immediately after receiving the order.
The right of withdrawal does not apply if the products are made to your specifications or clearly personalized.
Standard return terms and conditions apply.
Pre-ordered products cannot be exchanged for a different product or size, but they may be returned for a refund and a new order can be placed when the collection is available online.
CONTACT CUSTOMER CARE
If you have any questions, comments or complaints related to your purchase, please contact us. For your own convenience, please visit our contact page and submit your query.
To contact us by phone, please use the following numbers:
Country
Phone No.
Austria
+43 720 881760
Australia
+45 78 76 65 86
Belgium
+45 78 76 65 86
Bulgaria
+45 78 76 65 86
Canada
+1 (647) 503-4188
Croatia
+45 78 76 65 86
Cyprus
+45 78 76 65 86
Czech Republic
+45 78 76 65 86
Denmark
+45 78 76 65 86
Estonia
+45 78 76 65 86
Finland
+358 9 425 50379
France
+33 9 71 08 05 52
Germany
+49 800 000 8132
Greece
+45 78 76 65 86
Hong Kong
+45 78 76 65 86
Hungary
+45 78 76 65 86
Ireland
+353 1 223 8938
Israel
+45 78 76 65 86
Italy
+45 78 76 65 86
Japan
+45 78 76 65 86
Kuwait
+45 78 76 65 86
Latvia
+45 78 76 65 86
Lithuania
+45 78 76 65 86
Malta
+45 78 76 65 86
Netherlands
+31 85 0013 725
Norway
+47 21 93 72 45
Poland
+45 78 76 65 86
Portugal
+45 78 76 65 86
Qatar
+45 78 76 65 86
Romania
+45 78 76 65 86
Saudi Arabia
+45 78 76 65 86
Singapore
+45 78 76 65 86
Slovakia
+45 78 76 65 86
Slovenia
+45 78 76 65 86
South Africa
+45 78 76 65 86
South Korea
+45 78 76 65 86
Spain
+45 78 76 65 86
Sweden
+46 10 888 70 41
Switzerland
+41 61 539 17 66
United Arab Emirates
+45 78 76 65 86
United Kingdom
+44 20 3879 4291
United States
+45 78 76 65 86
Address: Bredgade 76, 1260 Copenhagen K, Denmark
E-mail: customercare@bymalenebirger.com
COMPLAINTS
You are welcome to contact our Customer Care, if you have complaints regarding your purchase. Customer Care may be contacted by telephone, e-mail or ordinary mail. Contact details for our Customer Care are included above.
Denmark
In Denmark, you also have the opportunity to file a complaint with the Danish Competition and Consumer Authority’s Center for Complaints Handling, Carl Jacobsens Vej 35, 2500 Valby, Denmark. You can file your complaint at www.forbrug.dk.
EU
You may also file your complaint via the Online Dispute Resolution (ODR) platform established by the EU Commission. This is particularly relevant for customers residing in a country in the EU other than Denmark. You can file your compliant at ec.europa.eu/odr. When filing your compliant, you need to indicate our e-mail address customercare@bymalenebirger.com.
US
In the US, you are able to file a complaint via the Better Business Bureau at www.bbb.org/file-a-complaint or the Federal Trade Commission (FTC) at www.reportfraud.ftc.gov/reportfraud.ftc.gov. When filing your compliant, you need to indicate our e-mail address customercare@bymalenebirger.com.
For other markets, please seek advice from the consumer complaints authorities in those countries.
COMPANY DETAILS
Our Website is the official online store for By Malene Birger, and is operated by By Malene Birger A/S, a company having the following registration and contact details:
By Malene Birger
Bredgade 76
1260 Copenhagen K
Denmark
E-mail: info@bymalenebirger.com
Company registration number (CVR number): 26 86 90 48
AVAILABILITY & OFFER VALIDITY
We endeavor to have all offered products in stock. In the event that ordered products are out of stock, we reserve the right to reject your offer. You will be informed by e-mail and any payment will be refunded if the payment was already processed.
The prices and offers displayed on our Website are valid at the time that they appear, unless other specific terms are stated on our Website. Pricing errors, spelling errors and other errors or mistakes may occur. We will verify prices as part of our confirmation procedures. If the correct price is less than our stated price, the lesser amount will be charged to you. If the correct price is higher than the price stated on our Website, we will attempt to contact you. If we are unable to contact you, we will reject your offer and notify you by e-mail.
COPYRIGHTS & TRADEMARKS
All contents included on our Website, such as, but not limited to, design, text, graphics, logos, video and audio clips, images, button icons and the compilation thereof, software compilations, source coding and software, are the exclusive property of By Malene Birger A/S and/or our suppliers. The contents are protected by Danish and/or international copyright laws. By Malene Birger A/S and/or our content suppliers own the copyrights to the abovementioned. The contents of the Website may only be copied for your own private use. Any other use of the information and material on the Website, such as reproduction, modification, distribution, transmission, republication, display or performance is strictly prohibited. You may therefore not - besides your own private use - copy, display, download, distribute, alter, modify, reproduce, republish or rephrase information, text, documents or other material from the Website or any other part of the Website without the explicit consent from By Malene Birger A/S and/or our suppliers. Brand names, product names, logos and titles that appear on the Website are trademarks or trade names and are the exclusive property of By Malene Birger A/S and/or our suppliers. Any reproduction of such trademarks or trade names constitutes an infringement of the owner’s rights and is therefore strictly prohibited, unless it is for your own private use.
DISCLAIMER OF LIABILITY
We are only liable for damages, when such damages result from our breach of contractual obligations towards you, or in the event our liability follows from applicable statutory law.
If any activities on our Website have caused you damage, we will only be liable for damages to the By Malene Birger products, reasonable and verifiable costs incurred by you to find out the cause and amount of damages as a result of our breach of contractual obligations or liability under applicable statutory law and reasonable and verifiable cost to prevent and diminish such damages.
We will not be liable for any damages incurred by a third party resulting from use of our products. Neither will we be liable for your improper use of any of our products. To the fullest extent permitted by applicable law, we will not be liable for any damages resulting from incorrect information on our Website.
The limitations mentioned above will not apply in the event that you suffer damages resulting from our gross negligence or willful misconduct.
We guard and respect our customers’ personal data and safety, although we cannot totally guarantee the security of information and payments transmitted online. To the fullest extent permitted by applicable law, we will not be liable for any damages suffered as a result of the use of electronic means of interactions, such as, but not limited to, damages resulting from errors or delays in delivery of communication, interception or manipulation by third parties or by computer programs and transmission of viruses.
INFORMATION ON THE WEBSITE
We make a great effort to avoid errors on our Website, but information, text, images, graphics, video and audio clips and other website services may temporarily contain errors, be incomplete or incorrect. In such events - to the fullest extent permitted by applicable law - we cannot be held liable for damages resulting hereof, unless such damage is the result of our gross negligence or willful misconduct.
LINKS
We will not be liable for any use of or any content of internet sites that our Website provides links to. Neither will we be liable for use or content of any websites that are linked to our Website.
APPLICABLE LAW
Without limiting your rights as a consumer under the laws of your country, these terms and conditions as well as all disputes or claims arising hereof or of using or purchasing on the Website will be governed by Danish law, excluding Danish laws conflict of laws rules and the CISG.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We reserve the right to revise and amend these terms and conditions from time to time. Your order will be subject to the policies and terms and conditions in force at the time when you order products from us. If we change the policies or these terms and conditions after you have placed your offer, but before we send you our order confirmation, we will notify you of this. If you do not inform us that you can accept the new policies or the new terms and conditions within seven working days, we will cancel your offer and notify you by e-mail.