Please read the terms and conditions carefully before using bymalenebirger.com (the "Website"). By using and shopping on our Website, you agree to accept the terms and conditions described below. As the terms and conditions may be updated from time to time (for example to reflect changes in technology, our business model, our system's capabilities or relevant laws and regulatory requirements), we recommend that you check this page regularly to take notice of any changes we may have made in the terms and conditions.

The online store is open 24 hours a day, except if due to maintenance work. For your convenience, we endeavor to execute such work in the night time.

In order to shop at bymalenebirger.com 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 the purchase, without penalty and without justification, within 14 days as of the day following the delivery of the product.

Please note that we only accept orders from private consumers, and you are not allowed to place orders for or on behalf of a business.

Your national legal guarantee of conformity for goods applies to this purchase.

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. Further, we do not deliver to P.O. boxes. We may decline an offer or cancel a purchase in any of the following situations, 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, 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 the Website; e.g. a payment error etc.
• - We have reason to believe you are a minor under the age of 18.
• - We could not 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 you have selected on these terms and conditions. We may or may not accept your offer at our discretion. We can only accept offers that are made through our website. We cannot accept offers made by phone, e-mail, letters or fax.

The moment you click "Pay" and the receipt is displayed on your screen, you are bound by your offer, however, please see "Returns, Withdrawals and Complaints". The receipt you receive is an automated acknowledgement that means we have received your submitted offer. However, the acknowledgement does 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 (order confirmation). The contract between you and us will be effective from the time that the order confirmation is sent. If you made an error when placing your order, please contact us and we will be happy to assist you. However, please always make sure to review your offer before placing it. Before submitting, you have the possibility yourself to edit any information you have entered, such as the shipping or billing address or credit card information, or change or delete items in your shopping bag.

At By Malene Birger, we want to offer the best experience for our customers and we therefore offer 14 days free return to our customers. At the same time, sustainability is a greater focus for us, and we therefore hope to encourage our customers to shop carefully.

Unfortunately, we find that a few of our customers take advantage of the free return offer, and we therefore want to focus extra attention on purchasing behavior in order to maintain this offer to our loyal customers.

If By Malene Birger suspects that there is abuse or excessive purchasing behavior, we will reject the order and we will, on a case-by-case basis, assess whether the customer should be refused placing an order with By Malene Birger for a period or permanently.

In this context, suspicion is based on a number of objective criterias, including: A balance of purchase frequency, order and return composition, use of free return, delayed returns, alleged missing goods in shipments either outgoing or incoming, returns (ordering and returning identical items repeatedly). We emphasize that the behavior is simultaneously systematic, and not random / single.

If we recognize unacceptable purchasing behavior as described above, we reserve the right to withdraw benefits from the membership, refuse to enter transactions with the customers in question or pause the customers in question.

The language of the contract is English.

We store all contracts made, including your offer and the order confirmation, and we recommend that you file these too, as subsequently the documents will not be accessible. However, please see “Track your order and view history”.

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 offer. These checks may include address and payment verification and screening your offer to prevent fraud.

We accept the following payment methods:

• VISA
• MasterCard
• American Express (Excl. France)
• Apple Pay
• Maestro (United Kingdom only)
• Paypal (Excl. Canada and United States of America)
• iDeal (Netherlands only)
• Real Time Banking / Sofort Banking (Austria, Belgium and Germany only)
• Klarna / Invoice (Sweden, Finland, Germany and Denmark only)
• VISA / Dankort (Denmark only)
• Carte Bleue (France only)

Please note that we cannot accept any payment methods not specified 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.

To maintain your own security and prevent fraud, you will be asked to enter your Card Verification Number (CVV) when paying with credit card. You can find the 3 digit number on the back of your credit card. It gen-erally appears to the right of your credit card number.

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, Real Time Banking, 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 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.

All prices on products, delivery charges and other services include value added tax (VAT).

The delivery charge is added per order. For details concerning the charges for your specific country, please click here. 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 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 endeavour 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 offer and notify you by e-mail.

All displayed prices are quoted in the currency that refers to your country. If you want to change the coun-try selection, please use the country selector in the top of the site. 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 Krone (DKK)
• Euro (EUR)
• Norwegian Kroner (NOK)
• Swedish Kronor (SEK)
• Swiss Francs (CHF)
• UK Pound Sterling (GBP)
• US dollars (USD)

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 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.

We currently deliver to the following countries:

• Austria (excl. Riezlern)
• Belgium
• Bulgaria
• Canada
• 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)
• United States (excl. American Samoa, Guam, Virgin Islands, Northern Mariana Islands and Puerto Rico)

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, the courier will keep the parcel for 10 calendar days before re-turning 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

Denmark

Your order will as a standard be delivered by PostNord to an address of your preference. One delivery attempt will be made. If you are not available at the time of delivery, the order may be redeemed at the nearest PostNord pick-up point. You will be notified of the pick-up point by PostNord in its delivery slip.

Sweden, Norway & Finland

Your order will be delivered by PostNord to a pick-up point near your address. You will be informed of the pick-up point by e-mail or text message at the time the parcel is ready for collection. If you prefer to have the order delivered directly to an address of your preference, you may choose express delivery. If you choose express delivery, your order will be delivered by UPS.

Germany, Belgium, Netherlands, United Kingdom & Spain

Your order will be delivered via UPS to your home address. If you are not available at delivery, the order may be redeemed at the nearest UPS pick-up point. You will be notified of the pick-up point by UPS in its delivery slip.

Remaining countries

Good will be delivered by UPS to an address of your preference. UPS will make 3 delivery attempts, but if you fail to receive your order on any of these attempts, the parcel will be returned to us. Contact information for UPS will be included in the delivery slip, and you may contact UPS directly to agree the delivery time of any redelivery attempt.

When you have an account at bymalenebirger.com, 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.

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 your 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 for any faults and, in the event, giving us notice of any complaints. In the case of defective prod-ucts or inconformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price and all delivery cost when we have handled your return. You also have the right to keep the defective product and ask for a reduction of the price.

If you are consumer (i.e. a private individual and not purchasing products on behalf of a business), you may withdraw your order at any time within 14 days.

The withdrawal period commences on receipt of the product and expires 14 days later. In case of split de-liveries, the withdrawal period expires 14 days after receipt of the last product.

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 letter or by sending us an email. You may use the withdrawal form attached below, but it is not obligatory.

In addition, you must return or give back the product to us within a reasonable time from sending the notice, in any case no later than 14 days from the day on which we were informed about your decision to withdraw from the purchase.

Please see the Return Guide that came with your order for more information.

You can also exercise your right of withdrawal if, before the expiry of the 14-day period, you hand over the product to the postal services or another operator who has taken on the task of forwarding the product 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 product or by abstaining from collecting it at the post office etc.

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 are only reimbursed to you, if you have chosen the least expensive type of delivery, and additional cost for express delivery are not reimbursed;

Return costs are only reimbursed to you, if you use the free service provided by us, and return costs will not be reimbursed, if the product is returned by 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 this contract. 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 are only liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product..

Should you wish to return your order, please do so within 14 days by following these steps:

1. Pick all items you wish to return – ideally into the original parcel provided.

2. Please fill out the return form, tear it off and include it in the package. Including the form helps us to process your refund faster.

You may normally examine an item 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 you shall have refunded.

If you are returning from the UK, Norway, Canada or the US:

Please write an email to customercare@bymalenebirger.com with the following information and we will help you with the preparation of a proforma invoice for the customs clearance: Which items would you like to return and tracking number of the return label

For Christmas orders, meaning orders placed between 1st December and 21st December 2022, we offer a prolonged withdrawal and return right until 11th of January 2023. 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 11th of January 2023 at the latest.

Swimwear may only be returned if it is unworn and must include the hygiene sticker. The return of swimwear whereby the hygiene sticker is missing will not be accepted.

Products must be returned in a good and undamaged condition and in its original packaging. If returned products show signs of damage or use, other than what is required to establish the nature, characteristics and functioning of the product, you will be liable for any loss of value of such product.

You may normally examine an item 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 you shall have refunded.

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 inconformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price and all delivery cost when we have handled your return. 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.

The claim shall be made 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 applicable law. Please contat us and we will arrange for the product 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 product is not defective due to your conduct.

Sweden

For customers subject to Swedish law you have the right to return the product within 36 months.

France

For customers subject to French law the following applies:

• - The warranty against any hidden defects of the goods 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 product deliv-ered be the same as the product ordered, and which applies for five years from the date of delivery of the product.
• - The warranty of conformity of the Consumer Code, which applies for two years from the delivery of the product.

Occasionally the wrong item may get sent out. If this has happened to you, we sincerely apologize.

Please contact Customer Care 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 request you will be issued with the appropriate refund. We aim to pro-cess 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 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.

Customized orders cannot be cancelled before shipment, because we start producing the customized products immediately after receiving the order.

The right of withdrawal does not apply if the product is made to your specification or clearly personalized.

Standard return Terms & Conditions apply.

Pre-ordered items cannot be exchanged for a different product or size, but they can be returned for a refund and a new order can be placed when the collection is available online.

Gift cards for our retail stores in Denmark and Sweden can be used for 3 years from the date of issue (it cannot be pre-dated).

You can find the balance and expiration date of your gift card in your nearest store or on your receipt after use.

The gift card can be used in all By Malene Birger retail stores.

The gift card can be redeemed for cash in all By Malene Birger stores for a fee of 6 GBP.

Please take good care of your gift card as we won’t be able to replace the card if it is stolen, lost, or damaged.

Do you have any questions, comments or complains related to your purchase please contact us. For your own convenience visit the contact page and submit your query.

To contact us by phone, please use the following numbers:

'

Country	Phone No.
Austria	+43 720 881760
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
Hungary	+45 78 76 65 86
Ireland	+353 1 223 8938
Italy	+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
Romania	+45 78 76 65 86
Slovakia	+45 78 76 65 86
Slovenia	+45 78 76 65 86
Spain	+45 78 76 65 86
Sweden	+46 10 888 70 41
Switzerland	+41 61 539 17 66
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

You are welcome to contact Customer Care, if you have complaints regarding your purchase. Customer Care may be contacted by telephone, e-mail or regular mail. Contact details for Customer Care are included above.

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. You can file your complaint at www.forbrug.dk

EU

You may also file your complaint via the Online Dispute Resolution center established by the EU Commis-sion. This is particularly relevant for customers residing in a country other than Denmark. You can file your compliant at ec.europa.eu/odr. When filing your compliant, you need to mention our e-mail address customercare@bymalenebirger.com.

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 mention our e-mail address customercare@bymalenebirger.com.

Bymalenebirger.com 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 reg. (CVR) no.: 26 86 90 48

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 offer. You will be informed by e-mail and any payments will be refunded if the payment was already processed.

The prices and offers displayed on the Website are valid at the time they occur, unless other specific terms are stated on the Website. Pricing errors, spelling errors and other errors or mistakes can 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.

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 A/S or our suppliers. The contents are protected by Danish and international copyright laws. By Malene Birger A/S or our content suppliers own the copyright to the abovementioned. The contents of the Website may only be copied for your own pri-vate use. Any other use of the information and material on the Website, such as reproduction, modifica-tion, distribution, transmission, republication, display or performance is strictly prohibited. You may there-fore not - besides your own private use - copy, display, download, distribute, alter, modify, reproduce, re-publish 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 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 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..

We are only liable for damages when such damages result from our breach of contractual obligations to-wards you, or in the event our liability follows from applicable statutory law.

If any activities on bymalenebirger.com have caused you damage, we shall only be liable for damage 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 contract or liability under applicable statutory law; and reasonable and verifiable cost to prevent and diminish such damages.

We shall not be liable for any damages incurred by a third party resulting from use of our products. Neither shall we be liable for your improper use of any of our products. To the fullest extent permitted by law, we shall not be liable for any damages resulting from incorrect information on the Website.

The limitations mentioned above shall not apply in the event you suffer damages resulting from our gross negligence or wilful 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 law, we shall not be liable for 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 ma-nipulation by third parties or by computer programs and transmission of viruses.

We make a great effort to avoid errors on the 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 law - we cannot be held liable for damages resulting hereof, un-less such damage is the result of our gross negligence or wilful misconduct.

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