Terms & Conditions
Welcome to bymalenebirger.com (the "Website"), the website for By Malene Birger, a brand operated by By Malene Birger A/S (“By Malene Birger”). By Malene Birger is a wholly-owned subsidiary of IC Group A/S, the company responsible for operation of this Website (in the following referred to as “us”). Please read these terms and conditions carefully, as they apply to your use of the Website. By using and shopping on the Website, you accept to legally bound by the terms and conditions as these are described herein. For the purposes of these terms and conditions, “including” means including without limitation.
The online store is accessed through the Website and is available 24 hours a day. However, the Website may be down due to maintenance. For your convenience, we endeavor to conduct such maintenance in the night time.
In order to shop on the Website you must be at least 18 years of age and possess a valid credit card accepted by us as set forth in the “Payment Methods” section below.
At the moment we can only fulfil your order if the delivery address is a home or office address in one of the countries we deliver to, which are set forth in the “Deliveries” section below. Therefore, the Website is only intended to be used by people resident in those areas. Further, we do not deliver to P.O. boxes.
We may decline an order or cancel a purchase in any of the circumstances set forth below, without being liable for any damages or costs. We will notify you by email in advance of any such action to try and resolve the issue and will return any applicable payments made to us without deduction:
- Your payment information is incorrect or not verifiable;
- We suspect, in our sole discretion, that your order was placed for fraudulent purposes or in connection with a criminal offence or other unlawful activity;
- There was an unintentional error on the Website (e.g. a pricing error, etc.);
- We have reason to believe you are a minor under the age of 18;
- You are not a resident of one of the countries we deliver to or we could not deliver to the address provided by you; and
- The item you order is out of stock as set out below.
By placing an order on our Website, you are making an offer to us to purchase the products you have selected subject to these terms and conditions. We may or may not accept your offer at our discretion.
We only accept orders that are made through our Website or by telephone via our Customer Care. We will not accept orders made by e-mail, letters or fax.
The moment you click "Pay" and the receipt is displayed on your screen, you are bound by your order; however, please see the "Returns and Complaints" section below to review our return policy. The displayed receipt is an automated acknowledgement that means we have received your order. However, the acknowledgement does not mean that we have accepted your order, and we reserve an explicit right to decline your order after you have received the automatic acknowledgement.
If we accept your order, you will receive an e-mail from us confirming that we have accepted your order (“order confirmation”). The contract between you and us will be effective from the time that the order confirmation is sent by us to the email address you have provided in your order.
If you made an error when placing your order, please contact us immediately and we will be happy to assist you. However, please always make sure to review your order before placing it. Before submitting, you may edit any information you have entered, such as the delivery or billing address or credit card information, or change or delete items in your shopping bag.
We endeavor to have all offered items in stock. In the event that ordered items are out of stock, we reserve the right not to accept your order. You will be informed by e-mail and any payments will be refunded if the payment was already processed.
We store all contracts made, including your order and the order confirmation, and we recommend that you file these too, as subsequently the documents will not be accessible. However, please see the "Track your order and view history" section below.
In order to protect our customers and maintain the security of shopping online, we may run verification checks on the data you submit when you place an order. These checks may include address and payment verification and screening of your order to prevent fraud.
We accept the following payment methods:
Please note that we do not accept any payment methods not specified above. If you try to pay by any other method, we will not accept or fulfil your order and we will not be liable for any loss you incur in connection therewith.
To maintain your own security and prevent fraud, you will be asked to enter your Card Verification Number (CVV) when paying with credit card. Generally, 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.
If you place your order with a credit card, your credit card will be charged when your order and data have been verified and your ordered products leave our stock for delivery.
If you place your order using Paypal, the payment will be deducted from your account when we confirm your order.
The invoiced amount will include a handling fee amounting to 12 % of the product price. This fee covers the consumption taxes charged in your jurisdiction (PST, GST and/or HST, as applicable) and our expenses related to custom clearance of the product to your Canadian address. We will always inform you of the total price and handling fee and other costs, if any, before you submit your order.
The prices displayed on the Website are those that apply at the time of purchase. The prices may be subject to change without notice, but 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 can 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 order and notify you by e-mail using the email provided in conjunction with your order.
All displayed prices are quoted in Canadian Dollars (CAD)
We utilise 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, sensitive 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. 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.
Orders will be delivered Monday through Friday. Please note that we do not ship to P.O. boxes.
Orders will be delivered by UPS, who will make 1-3 delivery attempts, depending on your place of residence. If you fail to receive your order on any of these delivery attempts, the parcel will be stored at the nearest UPS pick-up point where it may be collected within regular opening hours. Contact information for UPS will be included in the delivery slip, and you may contact UPS directly should you have any questions concerning pick-up of the parcel.
All deliveries must be signed for at receipt, except if another option is provided by the courier.
If the order is delivered to a pick-up point, UPS will keep the parcel for 10 calendar days before returning it to us as undelivered.
If your order consists of several items we reserve the right to split the delivery. This can happen if certain items 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.
Please note that you bear the risk for the products 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 the responsibility of inspecting your products upon delivery for any defects and, in the event any defects are identified, notifying us of such defects. Please see the “Returns and Complaints” section below.
Your ordered products will be delivered from Monday through Friday, and the exact delivery time depends on the jurisdiction of delivery.
An order that has been submitted on a Danish public holiday will be processed the next working day following the public holiday.
When you have a User Account at bymalenebirger.com you can track your orders by visiting "My Account" and clicking "My orders". There you can view your past orders and the status of your current order.
If you don’t have a User Account, please contact us and we will do our best to inform you about your order status.
RETURNS AND COMPLAINTS
If you are a consumer (i.e. a private individual and not purchasing products on behalf of a business), you may return your order, or any portion thereof, within 14 days of the delivery of your order (the “Return Period”). In case of split deliveries, the Return Period expires 14 days after the delivery of the last product.
For Christmas orders, meaning orders placed between 1st December and 24th December each year, we offer a prolonged withdrawal and return right until 15th January the following year. If you wish to return a Christmas order, please follow the normal withdrawal and return procedure and notify us of your intent to withdraw from the purchase on 15th January at the latest.
Before the expiry of the Return Period, you must notify us of your intention to return your order, or any portion thereof, via, phone, letter or email by using the contact details set forth in the “Company Details” section below. You may use the return form attached below, but it is not obligatory.
In addition, you must return or ship the products which you are returning within 14 days from the day on which you notified us about your intention to return such products. Free returns are not available, and you are responsible for paying the return costs.
In the event you are shipping such products back to us, you shall use a courier which enables the location of the products to be identified during the shipping process. You shall provide us a tracking number for such products upon our request.
Please see the Return Guide for more information regarding returns.
You may also exercise your right to return your order by refusing delivery of the order or refusing to collect it at the post office.
To return, simply follow the steps below:
- In order to return your item(s) to the EU you will need a pro forma customs clearance. Please contact us with your intent to return and we will prepare this for you and send it to you via e-mail along with further instructions.
- Pack all the items you wish to return – ideally into the original parcel provided.
- Please fill out the return form, tear it off and include it in the parcel. Including the form helps us to process the refund faster.
- Return your product with your selection of carrier. We recommend obtaining a receipt from your selected postal service as proof of postage as well as tracking number to be able to follow your return shipment.
N.B. You will be responsible for the full cost of returning the parcel, and the products will be your responsibility until they reach our warehouse.
Once we have received your returned goods, we will process your refund and a notification e-mail will be sent to you. You can expect your refund within 5-10 business days of us receiving the return goods.
If you return all products ordered, we will refund all fees paid, including handling fees. If you return only part of the products ordered, we will refund you the purchase price for the products returned as well as the proportionate part of the handling fees paid on your order.
Repayment will be made without undue delay and in any event not later than the later of (i) 14 days from the day on which we are informed about your decision to return a product, and (ii) 10 days from the day on which we receive the products being returned. 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.
When we ship your products, we do our best to make sure that the products are top quality and in perfect condition. In the case of defective products or non-conformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price, including all applicable taxes, and all delivery costs. You may also choose to keep the product 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.
In the event you identify a defect with a product you have purchased from us, you must notify us promptly when you discover the defect. Any notice given within a period of two months after you discovered the defect is deemed a timely notice, but in certain cases a longer period may apply under the law of your jurisdiction. Please contact us and we will arrange for the product to be collected by our courier.
Please note that any such claim requires that you have not used the products inappropriately and that the product is not defective due to your conduct.
Occasionally the wrong item may get sent out. If this has happened to you, we sincerely apologize.
Please contact our Customer Care Team who will be able to re-order the correct item for you and arrange for the incorrect product to be collected by our courier.
After we receive and process your notification that you will be returning a product purchased from us, you will be issued a refund in accordance with these terms and conditions. We aim to process a refund within 3 days of receiving your parcel, or of receiving evidence of your having sent back the parcel, and send you an e-mail to let you know 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. Unfortunately this delay is outside of our control. You can expect a refund in the same form of payment originally used for 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.
In order to access and use certain features or functionality of the Website including, without limitation, tracking your orders, we may require you to register for the Website and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your name, address, telephone number (collectively, a “User Account”). If you elect to become a registered user of the Website, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Website by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf. You agree to (a) immediately notify us of any unauthorized use of your User Credentials or User Account, or any other breach of security, and (b) ensure that you log off from the Website at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update, maintain and control access to your User Credentials and User Account, and (iii) cancel your User Account on the Website. We reserve the right to deny access, use and registration privileges to any user of the Website if we believe there is a question about the identity of the person trying to access any account or element of the Website. We shall not be responsible or liable for any loss that you incur as a result of someone else using your User Account and/or password.
CONTACT CUSTOMER CARE
Do you have any questions, comments or complains related to your purchase please contact us. For your own convenience visit the Contact Us page and submit your query.
To contact us by phone please use the following phone number (647) 956-0210.
If you are not satisfied with our customer care or we cannot agree on issues regarding the purchase, you may visit consumerinformation.ca for information about consumer complaints.
You are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to us, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, including User Content associated with hashtags related to By Malene Birger, including, for example, #bymalenebirger. Such Submissions may be used on the Website and/or on other By Malene Birger marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by us to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so in our sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant us, and you represent and warrant that you have the right to grant us, a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these terms and conditions, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
All User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such User Content originated. You understand that we do not control, and are not responsible for User Content made available through the Website and that by using the Website, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such User Content.
COPYRIGHT & TRADEMARKS
Except for User Content, all contents included on the 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 property of By Malene Birger, IC Group A/S or our suppliers. The contents are protected by Danish and international copyright laws. By Malene Birger, IC Group A/S or our content suppliers own the copyright 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, IC Group A/S or our suppliers. Brand names, product names, logos and titles that appear on the Website are trademarks or trade names and are property of By Malene Birger, IC Group A/S or our suppliers. Any reproduction of such trademarks or trade names constitutes an infringement of the owner’s rights and is strictly prohibited, unless it is for your own private use.
DISCLAIMER OF LIABILITY
Whilst we will use all reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied, in relation to its accuracy. the website is provided on an “as is” and “as available” basis without any representation, warranty or condition of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website. all implied representations, warranties and conditions relating to the website, and all content, products and services obtained through it, and all user content, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement, are hereby disclaimed.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. You agree that access to and use of this Website and the information, products and services, and content available thereon is at your own risk. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
You understand and agree that, to the fullest extent permissible by law, ic group a/s, its affiliates, subsidiaries, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, operational service providers and suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the website or from these terms and conditions, including, without limitation, compensatory, consequential, incidental, indirect, special or punitive damages.
You further understand and acknowledge that some messages and transmissions, including User Content, may not be processed in a timely fashion and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Content or for any failure or delay associated with any User Content and you are hereby expressly advised not to rely upon the timeliness or performance of the Website for any transactions or User Content.
You agree to defend, indemnify and hold us, our successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Website, (b) your breach or violation these terms and conditions, or (c) you User Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such Claim.
Without limiting your rights as a consumer under the laws of Canada, these terms and conditions as well as all disputes or claims arising hereof and of using or shopping on the Website shall be governed by the laws of Denmark.
For consumers purchasing products in Quebec, these terms and conditions as well as all disputes or claims arising hereof and of using or shopping on the Website shall be governed by the laws of the province of Quebec.
These terms and conditions, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction and without notice to you.
If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of these terms and conditions.
No waiver by use shall be construed as a waiver of any preceding or succeeding breach of any provision.
These terms and conditions (as amended and altered from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral between you and us in relation to such matters. You confirm that you have read these terms and conditions and you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.
We reserve the right to revise and amend these terms and conditions from time to time and without notice to you for any reason, in our sole discretion. Once we post them on the Website, these modifications become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by the modifications. We recommend that you check back and review these terms and conditions regularly so you are aware of the current rights and obligations that apply to you.
Your order will be subject to the policies and terms and conditions in force at the time when you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you). If we change these policies or these terms and conditions after you have placed your order, but before we send you the order confirmation, we will notify you of this. If you do not inform us that you can accept these new policies or these terms and conditions within seven working days, we will cancel your order and notify you by e-mail.
Bymalenebirger.com is the official online store for By Malene Birger. By Malene Birger forms part of the IC Group and bymalenebirger.com is operated under the laws of Denmark by the parent company IC Group A/S. Contact and registration information for IC Group A/S is as follows:
IC Group A/S
DK-2300 Copenhagen S
Tel.: +45 32 66 77 88
Company No: 62 81 64 14