Terms and Conditions of Sale back up

  1. DEFINITIONS
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings: Gobuyeurope.biz (Jestel.biz) means the Jestel KG world wide web shop for BIRKENSTOCK products, company directly selling products to the customer. Customer means the person (legal or natural) who accepts a written or oral quotation of Gobuyeurope.biz (Jestel.biz) for the sale of the Products or whose order for the Products is accepted by Gobuyeurope.biz (Jestel.biz). Products means any products forming the subject matter of the Contract including parts and components of or materials incorporated in them. Contract means a contract for sale by Gobuyeurope.biz (Jestel.biz) to the Customer of the Products.
Price means the price for the Products (and any services to be provided under the Contract). Third Party Products means those of the Products which are not manufactured or assembled or authored by Gobuyeurope.biz (Jestel.biz) or BIRKENSTOCK or any of its subsidiary companies and supplied to Gobuyeurope.biz (Jestel.biz) by third parties for resale by Gobuyeurope.biz (Jestel.biz).
Territory means the country in which the Products are to be used.

  2. FORMATION OF CONTRACT
2.1 Gobuyeurope.biz (Jestel.biz) shall sell and the Customer shall purchase the Products, as principals only, to the intent and with the effect that no other party shall have any rights or obligations or be entitled to sue or liable to be sued, under the Contract.
2.2 Gobuyeurope.biz (Jestel.biz) shall sell and the Customer shall purchase the Products in accordance with these Terms and Conditions which are printed, amongst other places, on or in its quotations, invoices catalogues and price lists. The Customer acknowledges that it is aware of the contents of these Terms and Conditions.
2.3 No Contract shall come into existence until the earliest of :
(a) Gobuyeurope.biz (Jestel.biz)'s quotation being accepted by the Customer; or
(b) the Customers order (however given) being accepted by the earliest of:
(i) Gobuyeurope.biz (Jestel.biz)'s written or oral acceptance;
(ii) shipment of the Products; or
(iii) the raising by Gobuyeurope.biz (Jestel.biz) of an invoice in respect of the Products.
2.4 These Terms and Conditions shall be incorporated into the Contract to the exclusion of any other Terms or Conditions stipulated or referred to by the Customer.
2.5 No variation or amendment of this Contract shall be binding on Gobuyeurope.biz (Jestel.biz) unless confirmed by it in writing.

  3. ORDERS, PRICE AND PAYMENT
3.1 Customer orders are not binding upon Gobuyeurope.biz (Jestel.biz) until accepted by Gobuyeurope.biz (Jestel.biz). Gobuyeurope.biz (Jestel.biz) may, at its sole discretion, allow a Customer to withdraw its order after acceptance at no charge, if written notice of cancellation is received by Gobuyeurope.biz (Jestel.biz) prior to commencement of manufacture or processement of the Products and orders. If manufacture has begun or order is processed (as can be tracked after "Login") and Gobuyeurope.biz (Jestel.biz) allows a Customer to cancel its order, then if shipment has not yet taken place, the Customer agrees that Gobuyeurope.biz (Jestel.biz) is entitled to levy a cancellation charge equal to 20% of the price of the Products. If shipment has taken place, Gobuyeurope.biz (Jestel.biz) may levy a further charge to cover all associated shipping charges incurred by it.
3.2 Unless credit (including documentary credit) terms have been expressly agreed by Gobuyeurope.biz (Jestel.biz), payment for the Products shall be made in full on or before delivery. The method of payment shall be by wire transfer unless previously agreed in writing that it shall be otherwise or other options via Gobuyeurope.biz (Jestel.biz) webpage is offered.
3.3 All invoices are payable without discount in EURO. In no circumstances shall the Customer be entitled to make any deduction or to withhold payment for any reason whatsoever.
3.4 The Price shall be Gobuyeurope.biz (Jestel.biz)'s quoted price.
3.5 All prices quoted in writing are valid for the order or until earlier acceptance by the Customer. Oral quotations made by Gobuyeurope.biz (Jestel.biz) are valid only to the end of the business day upon which they are given.
3.6 Except where specifically stated, Gobuyeurope.biz (Jestel.biz)'s prices do not include import or export fees, duties, tariffs or other charges associated with exporting and importing the Products. A separate charge for shipping and handling will be shown on Gobuyeurope.biz (Jestel.biz)'s invoices where appropriate.
3.7 Prices are exclusive of all country, provincial, state and local sales, use, value added, excise, privilege, franchise and similar taxes. Such taxes imposed on the Customers order and which the Customer has a duty to pay in connection with the order, delivery or use of the Products shall be paid by the Customer. Such taxes imposed on Gobuyeurope.biz (Jestel.biz) and which Gobuyeurope.biz (Jestel.biz) has a duty to collect in connection with the sale, delivery or use of the Products shall be paid by the Customer and will appear as separate items on Gobuyeurope.biz (Jestel.biz)'s invoices. If sales to the Customer are exempt from such taxes, the Customer shall furnish to Gobuyeurope.biz (Jestel.biz) the legally required documentation to support the exemption at the time of order.

  4. THE PRODUCTS
4.1 Gobuyeurope.biz (Jestel.biz) may revise and/or discontinue Products at any time without notice consistent with Gobuyeurope.biz (Jestel.biz)'s policy of on-going Product up-date and revision. Whilst there may be differences in detail, revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that Gobuyeurope.biz (Jestel.biz)'s policy may result in changes between the specification of Products delivered to the Customer and the specification of Products ordered as described in any specification sheet or catalogue.
4.2 The parts and assemblies used in manufacturing Products are selected from new and equivalent to new parts and assemblies.
4.3 The Customer warrants that it is buying for its own internal use only and not for re-sale purposes. Gobuyeurope.biz (Jestel.biz) shall be entitled to refuse to accept orders placed by the Customer if the Customer breaches or Gobuyeurope.biz (Jestel.biz), on reasonable grounds, suspects that the Customer will breach this warranty. Wholesalers and agents are treated seperately and must Login at www.Gobuyeurope.biz (Jestel.biz).com before ordering.

  5. TITLE
No title to the Products shall pass to the Customer until payment of the Price in full and clear funds have been received by Gobuyeurope.biz (Jestel.biz).

  6. DELIVERY
6.1 The Products are delivered to the Customer directly from stock or after production. If the products are not on stock, they may be manufactured and delivered after production. Production takes approx. 4 weeks.
6.2 Gobuyeurope.biz (Jestel.biz) may, at its discretion, deliver the Products by instalments in any sequence. Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Gobuyeurope.biz (Jestel.biz) in respect of any one or more instalments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.
6.3 Any dates quoted by Gobuyeurope.biz (Jestel.biz) for the delivery of the Products are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of Gobuyeurope.biz (Jestel.biz) no regard has been paid to any quoted delivery dates.
6.4 If the Customer fails to take delivery of the Products or any part of them when they are made available to him or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Products to be delivered on the due date, Gobuyeurope.biz (Jestel.biz) shall be entitled, upon giving written notice to the Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to the Customer, delivery shall be deemed to have taken place, and the Customer shall pay to Gobuyeurope.biz (Jestel.biz) all costs and expenses (including storage and insurance charges) arising from its failure.

  7. ACCEPTANCE OF PRODUCTS
Unless the Customer notifies Gobuyeurope.biz (Jestel.biz) to the contrary by telephone, e-mail, facsimile transmission or telex on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Gobuyeurope.biz (Jestel.biz).

  8. WARRANTY
8.1 Unless specified otherwise, Gobuyeurope.biz (Jestel.biz) warrants to the Customer that BIRKENSTOCK branded Products (excluding Third Party Products), will be free from defects in materials and workmanship at the date of delivery, in accordance with the following provisions.
8.2 Damage due to shipping Products to Customer is covered under this Warranty, however this Warranty does not apply to damage due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by Gobuyeurope.biz (Jestel.biz), usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of non-Gobuyeurope.biz (Jestel.biz) supplied parts and components.
8.3 Gobuyeurope.biz (Jestel.biz) will repair or replace Products returned to Gobuyeurope.biz (Jestel.biz)'s facility. To request warranty service, Customer must call Gobuyeurope.biz (Jestel.biz) within 14 days after delivery. If warranty service is required, Gobuyeurope.biz (Jestel.biz) will issue a Return Material Authorization Number. Customer must ship the Products back to Gobuyeurope.biz (Jestel.biz) in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. Gobuyeurope.biz (Jestel.biz) will ship the repaired or replacement products to Customer freight prepaid.
8.4 Gobuyeurope.biz (Jestel.biz) owns all parts removed from repaired Products. Gobuyeurope.biz (Jestel.biz) uses new and reconditioned parts made by various manufacturers in performing warranty repairs and building replacement Products. If Gobuyeurope.biz (Jestel.biz) repairs or replaces a Product, its warranty term is not extended.
8.5 Where available, Gobuyeurope.biz (Jestel.biz) will make on-site service available to the Customer in accordance with Gobuyeurope.biz (Jestel.biz)'s (or Gobuyeurope.biz (Jestel.biz)'s third party service provider's) then current terms and conditions for such service prevailing in the Territory.
8.6 Gobuyeurope.biz (Jestel.biz) does not give any warranty that the Products are fit for any particular purpose and this warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
8.8 If the Customer has chosen any other warranty and service option available in the Territory in place of the standard warranty described above and he holds this warranty, service option shall then prevail over those set out above. The Territoral service provider will then be liable for this warranty exclusively.

  9. SERVICE SUPPORT
9.1 E-mail (where it is available) support will be provided to the Customer free of charge.
9.2 If on-site service is not available in a Territory, then Products requiring service, in accordance with the warranty terms applicable to those Products, shall be returned to Gobuyeurope.biz (Jestel.biz)'s designated service depot in accordance with the return authorisation instructions issued by Gobuyeurope.biz (Jestel.biz) to the Customer.

  10. LIABILITY
10.4 Notwithstanding anything else contained in this Agreement, Gobuyeurope.biz (Jestel.biz) shall not be liable to the Customer for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.

  11. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of the party so delaying, such party shall be entitled to a reasonable extension of time for the performance of such obligations.

  12. GENERAL
12.2 Save that Gobuyeurope.biz (Jestel.biz) can at any time assign this Agreement to any affiliate, neither party shall assign or otherwise transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other.
12.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected thereby.
12.4 The headings to the clauses of this Agreement are for ease of reference only and shall not affect the interpretation or construction of this Agreement.
12.5 This Agreement shall be governed by and construed in accordance with the laws of Koenigswinter, Germany and shall be subject to the non-exclusive jurisdiction of the german courts.
12.6 This Agreement shall be interpreted and construed in accordance with the English language.
 

Terms and Conditions for Agents back up

This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate in the Affiliate Network of Gobuyeurope.biz (Jestel.biz).com, and the establishment of links from your affiliate web site to our web site, Gobuyeurope.biz (Jestel.biz).com (Jestel KG). As used in this agreement, "you" means (and "your" refers to) the applicant seeking to participate here under in the Affiliate Network, "we" means (and "us", "our" and "ours" refer to) Gobuyeurope.biz (Jestel.biz).com (Jestel KG), and "Product" means any and all items offered for sale by us on the Gobuyeurope.biz (Jestel.biz).com (Jestel KG) web site.

THIS IS A LEGAL AGREEMENT WITH Gobuyeurope.biz (Jestel.biz).com. BY CLICKING ON THE "SAVE" BUTTON AT THE END OF THE AFFILIATE APPLICATION, YOU AGREE THAT (a) YOU HAVE READ THIS AGREEMENT AND UNDERSTAND ALL OF ITS CONTENTS AND (b) YOU WILL BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.

Terms and Conditions
1.
Enrollment in the Network

To begin the enrollment process, you will submit a complete Affiliate Network Application via our Web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Affiliate Network for any reason, including, but not limited to, if your site: incorporates images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable such as sites that; depict sexually explicit
images; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights (collectively "Content Restrictions").

2.
Promotion of our Affiliate Relationship

As an Affiliate Site, we will make available to you (via Gobuyeurope.biz (Jestel.biz).com's "Reporting.net" site) banner advertisements, button links to our site and/or text links to our site, containing Gobuyeurope.biz (Jestel.biz).com's logo and words identifying Gobuyeurope.biz (Jestel.biz).com (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

3.
Utilizing our Links on Your Site

In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent. You shall not alter, modify or expand the Links in any way; however, a Link may be modified and/or expanded with our prior written consent. Each Link connecting users of your site to our site will in no way alter the look, feel, or functionality of our site. We have the right, in our sole discretion, to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

4.
Order Processing

We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site; however, all Links must be approved by us. We will process orders placed by customers who follow the Links from your site to the Gobuyeurope.biz (Jestel.biz).com site. We reserve the right to reject orders that do not comply with certain requirements, which we periodically may establish. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make unaudited reports summarizing this sales activity available to you through our site. The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.

5.
Commission Determination/Rates

Effective July 1, 2001 all Affiliates earn varying commission rates:

For a product sale to generate a commission, the customer must follow a Link from your Web site to the Gobuyeurope.biz (Jestel.biz).com web site ("Click-Through"), purchase a product using our automated ordering system in the same session, accept delivery of the product, and remit full payment to us. A "session" is the period of time beginning from a customer's initial contact with the Gobuyeurope.biz (Jestel.biz).com web site via a qualifying link from your site and terminating when the customer leaves the Gobuyeurope.biz (Jestel.biz).com site. Commission on returned products will be deducted from your next monthly payment after a refund is generated. Gobuyeurope.biz (Jestel.biz).com has no obligation to pay Affiliate for activities that do not otherwise fit the definition of a Click-Through. If a customer accesses the web site from more than one affiliate, the most recent previous affiliate referral
will receive the commission.

Terms: Gobuyeurope.biz (Jestel.biz).com will pay Affiliate approximately thirty days (30) after the end of each quarter for all commissions earned during the prior quarter, less any taxes we may be required to withhold, and less any amount Gobuyeurope.biz (Jestel.biz).com determines, in its sole discretion, was not validly earned from proper use of the Link on Affiliate's Web Site. If commissions earned during any month are less than $25, then Gobuyeurope.biz (Jestel.biz).com may hold those commissions until the month which the total amount due is at least $25 or (if earlier) until this Agreement is terminated. Gobuyeurope.biz (Jestel.biz).com will provide Affiliate with the ability to obtain a password that will enable the Affiliate to enter a password-protected site or an area of a site communicated to Affiliate by Gobuyeurope.biz (Jestel.biz).com. Affiliate may use the password to log in to that site to access information about revenues. If Gobuyeurope.biz (Jestel.biz) records show activity from your site that Gobuyeurope.biz (Jestel.biz) determines is inconsistent with valid search requests, or is otherwise unusual, then Gobuyeurope.biz (Jestel.biz).com reserves the right to withhold payment of commissions for a reasonable time pending an investigation of that activity by Gobuyeurope.biz (Jestel.biz) and resolution of the dispute (if any). Gobuyeurope.biz (Jestel.biz) will notify you promptly in this event.

6.
Policies and Pricing

Customers who buy Products through the Affiliate Network will be deemed to be customers of Gobuyeurope.biz (Jestel.biz).com. Accordingly, all of Gobuyeurope.biz (Jestel.biz).com rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Products sold under the Affiliate Network in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your site, you may not include price information in your descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

7.
Non-Exclusive Limited License and Use of Gobuyeurope.biz (Jestel.biz).com Logos and Trademarks

We grant you a non-exclusive, non-transferable, revocable right to access our site through links solely in accordance with the terms of this Agreement, and solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively "Licensed Material") solely for the purpose of selling Products on your site for Gobuyeurope.biz (Jestel.biz).com. You may not alter, modify or change the Licensed Material in any way. You are only entitled to use the Licensed Material to the extent you are a member, in good standing, of the Affiliate Network.


You shall not make any specific use of any Licensed Material for purposes other than selling Products for Gobuyeurope.biz (Jestel.biz).com, without first submitting a sample of such use to us and obtaining our prior written consent. You agree not to use the Licensed Material in any manner that is disparaging or that otherwise portrays Gobuyeurope.biz (Jestel.biz).com in a negative light. We reserve all of our rights in the Licensed Material, and all other intellectual property rights. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice. You shall obtain no rights in and to
the Licensed Material. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.

8.
Non-exclusive Limited License and Use of Affiliates Logos and Trademarks

You grant to us a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively the "Affiliate Marks"), and to advertise, market, promote, and publicize in any manner our rights hereunder; provided, that we shall not be required to so advertise, market, promote, or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon you; or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the
effective date of the expiration or termination of this Agreement.

9.
Obligations Regarding Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party, and that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for all such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses relating to the development, operation, maintenance, and contents of your site.

10.
Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Affiliate Network Application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. You are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the
correct amount is paid.

11.
Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice to you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Network rules. If any modification is unacceptable to you, your recourse is to terminate this Agreement. Your continued participation in the Affiliate Network following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.

12.
Relationship of Parties

You and Gobuyeurope.biz (Jestel.biz).com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

13.
Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Network or any product or otheritems sold through the Affiliate Network (including, without limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

14.
Representations and Warranties

You hereby represent and warrant to us as follows:

•
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
•
The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate: anyprovision of law, rule, or regulation to which you are subject; any order, judgment, or decree applicable to you or binding upon your assets or properties; any provision of your by-laws or certificate of incorporation, or any agreement or other instrument applicable to you or binding upon your assets or properties.
•
No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this
Agreement or the taking by you of any other action discussed herein.
•
There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action or proceeding.

15.
Confidentiality

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process. Notwithstanding the aforementioned the following information will not be held confidential if: it is now public knowledge or subsequently becomes public through no breach of this Agreement; it is rightfully in the non-disclosing party's possession prior to receiving it from the party claiming it as confidential or proprietary; a third party discloses the information through no breach of this Agreement; or it is independently developed by or for a party to this Agreement without reliance upon confidential information received from the party claiming confidentiality.

The parties acknowledge that the harm caused by the wrongful disclosure of Confidential Information will be difficult, if not impossible, to assess on a monetary basis, alone, and that legal damages may not be sufficient compensation for such wrongful disclosure. Therefore, either party may enforce this Agreement by equitable means, including, but not limited to,
injunctive relief, in addition to any other remedies to which it is otherwise entitled.

16.
Limitations of Liability

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Network will not exceed the total
commission fees paid or payable to you under this Agreement.

17.
Indemnification

You hereby agree to indemnify, defend, and hold harmless Gobuyeurope.biz (Jestel.biz).com and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (a) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or another proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your site including, without limitation, content therein not attributable to us.

18.
Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER
REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

19.
Governing Law

This Agreement will be governed by the laws of the Federal Republic of Germany, without reference to rules governing choice of laws.

20.
Arbitration

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon mediator in the following location: Koenigswinter, Germany. The parties shall share any costs and fees other than attorney fees associated with the mediation equally. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in the following location: Koenigswinter, Germany. The parties agree that the binding arbitration will be conducted under the rules of the German Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction
to do so.

Legal notice back up
Impressum: Jestel KG Propsthofstr. 10 53639 Koenigswinter email: legal@jestelkg.com Geschäftsführer: Heinrich Jestel Handelsregisternummer: HRA2666 Ust.-id.-nummer:DE123122657

  Except as otherwise set forth below, the graphics, text, information, and other appearing on this web site (hereafter "Content") belong to BIRKENSTOCK and Gobuyeurope.biz (Jestel.biz) ("Gobuyeurope.biz (Jestel.biz)" by Jestel KG) of Germany, 53639 Koenigswinter, all rights reserved.

  The Content of this web site is provided for your personal informational use and you may copy it for that purpose but NOT for any commercial purpose. You may NOT modify any graphics, text, or other Content available on this web site or distribute any of it to anyone.
Webdesign and graphics of this webpage are copyright by the publishing house Bjoern Jestel (department Panta Rhei) which is located in Germany. There are multiply authorships with certain contents. All contents are to be used under consideration of copyright laws.
  This web site contains links to or may be accessed through links on other sites or sites of Gobuyeurope.biz (Jestel.biz) dealers and agents. Gobuyeurope.biz (Jestel.biz) specifically disclaims any responsibility or liability for access to or operation of such other linked sites or any sites from which this Gobuyeurope.biz (Jestel.biz) web site may be accessed, including any responsibility or liability for the web sites of Gobuyeurope.biz (Jestel.biz)'s dealers.

  Gobuyeurope.biz (Jestel.biz) has made reasonable efforts to make certain that the Content on this web site is accurate, but it is provided "AS IS." Gobuyeurope.biz (Jestel.biz) cannot be responsible for errors or inaccuracies in the Content or for out-of-date materials on this web site, or on any web sites accessed through links found on this site, and makes no representations or warranties concerning completeness, accuracy, suitability, functionality, availability, or operation of this web site or its Content, or of any web sites accessed through links found on this site, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.

  ALSO, Gobuyeurope.biz (Jestel.biz) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF Gobuyeurope.biz (Jestel.biz) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  This web site is monitored and your access to it constitutes your consent to such monitoring. Any information or Content forwarded to this web site shall be considered non-confidential and Gobuyeurope.biz (Jestel.biz) shall be free to use, reproduce, and distribute all such Content to others, or to use any of it for any purpose, including use in developing new products or services.

  Gobuyeurope.biz (Jestel.biz) reserves the right to change the Content at any time, and to discontinue offering any or all products, programs, or services without incurring any obligations to anyone.

  Under no circumstances does Gobuyeurope.biz (Jestel.biz) grant any license or other right to any user of this web site, by implication, estoppel, or otherwise, to use any patents, trademarks, copyrights, or other intellectual properties of Gobuyeurope.biz (Jestel.biz) and BIRKENSTOCK or of any third party, except the limited right of personal use.

  Tradenames, trademarks, and service marks of third parties are owned by those third parties. References to any products, programs, services, or other Content offered by third parties under their tradenames, trademarks, or service marks does not constitute any endorsement or sponsorship thereof by Gobuyeurope.biz (Jestel.biz)