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General Terms and Conditions of Sales to Consumers

(RIMOWA online orders)

September 2020

           

 

 

1          Scope of application, conclusion of a purchase agreement

 

1.1       These General Terms and Conditions of Business to Consumers ("General Terms and Conditions") apply to all agreements that RIMOWA Australia Pty Ltd, ACN 632598255 ("RIMOWA" or "we"), a company registered in Australia with registered office in Suite 2 Level 10, 64 Castlereagh Street, Sydney, NSW 2000, concludes with a customer ("you") on the basis of online orders, e.g. via the website of RIMOWA ("Website").

You can contact us by:

  • - emailing us at contact_au@rimowa.com
  • - phone at : +61 370356717
  • - writing to us at RIMOWA Australia Pty Ltd, ABN 632598255 Suite 2 Level 10, 64 Castlereagh Street, Sydney, NSW 2000.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

 

1.2       The products displayed on our Website are a non-binding catalogue of the products we sell and are not an offer to conclude a purchase agreement.

            By placing an order through the Website, you make a binding offer to purchase the relevant products and offer to conclude a purchase agreement ("Agreement").

            To place an order first click to put our products into your online “shopping basket”. You will not be bound to purchase the product(s) at this stage and you may correct your entries by using the “Back” button in your browser or by changing the quantity of a product or deleting a product from your basket. You can do this at any time before clicking to place your binding order (as we explain below). Next, you are required to enter all of the information that we need to process your order (first and last name, invoice and delivery address, selection of a payment method and payment details, email address). During the order process, we will check to see whether all boxes have been completed and whether the characters entered are appropriate for the boxes in question in order to help you to recognise any errors you have possibly made in your entries. Your information is then summarised once again for your final check.

            You will then be given the chance to confirm your order by clicking on the "Place order and pay" button and it is at this point that you place an order for the products in your basket. Before you place an order it is important that you read and understand the terms and conditions set out in these General Terms and Conditions and the Privacy Policy as well as the Cancellation Instructions set out in Condition 8.2. Please then confirm your understanding by placing a checkmark in the fields "I accept the Privacy Policy and the General Terms and Conditions" before you click the "Place order and pay" button mentioned above.

            We will confirm receipt of your order via email to you ("Receipt Confirmation Email") as soon as possible. The Receipt Confirmation Email does not yet constitute the acceptance of your order unless it clearly confirms this. In this case, the Agreement will be formed as a result of the acceptance.

            In all other cases, an Agreement will be formed when we send you a further separate email ("Dispatch Confirmation Email") informing you that the products you have ordered have been dispatched by us as set out in Conditions 4.1 and 4.2. The Dispatch Confirmation Email will also contain all details of the Agreement (including the details of the order and a copy of these General Terms and Conditions as well as the Privacy Policy).

            If the Receipt Confirmation Email does not expressly state that your order has been accepted and you do not receive a Dispatch Confirmation Email within five working days from receipt of the Receipt Confirmation Email, your offer to conclude an Agreement shall be deemed to have been rejected and we will confirm this to you by email along with our explanation as to why your offer has been rejected.

If you have selected PayPal as your payment method, the Agreement will be effective at the time we receive payment from you.

 

1.3       You may only purchase a maximum six products per order.

 

1.4       You can place your order as a guest without registering. You may also register on our Website as stated below in Condition 2 when you place your order and create a customer account “MyRIMOWA” ("Customer Account"). If you create a Customer Account when you place your order, the details of your order and the Agreement will be stored on your Customer Account. You can then review the details at any time. We will also send you the order details and these General Terms and Conditions with the Dispatch Confirmation as set out in Condition 1.2 above. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.

 

1.5       You are entitled to withdraw from the Agreement in accordance with the Cancellation Instructions which you can find at Condition 8.2.

 

 

2          Registration, customer account and data protection

 

2.1       In order to create a Customer Account, you have to complete the boxes in the registration form correctly and in full. Once your registration is successfully completed, we will send you a confirmation email. Once you have successfully registered, a personal RIMOWA number for your Customer Account ("ID"), which will be linked to the email address you have provided, will be created for you and included on the confirmation email. This ID is personal to you and grants you access to your Customer Account.

 

2.2       Please keep your personal login details private. If someone else gets access to your details the please let us know as soon as possible and change your login details.

 

2.3       When you place an order with us you should make sure that your information is up to date.

 

2.4       We will only use your personal information as set out in our Privacy Policy.

 

 

3          Payment, delivery costs, return shipping costs

 

3.1       The price of products (which includes GST) will be the price indicated on the order pages when you place your order.   It is possible that wrong prices may be displayed (for example due to typographical error) - if this occurs then we apologise, and we will write to you to correct the error and the new price as notified will apply.

 

3.2       We accept payment with:

- Credit / Debit card (MasterCard, VISA, American Express): Your credit / debit card will be charged when we accept your order as set out at Condition 1.2 para. 4.

- PayPal: You must register or be registered with PayPal. You will pay the order amount through PayPal. To pay through Paypal, enter your login details to confirm your identity and then confirm the payment instruction to us. You will receive further information during the order process.

 

3.3       For each binding order you place through the Website, you will receive an invoice for the amount payable by you. The invoice will be attached to either the Receipt Confirmation Email which will be sent to you as set out in Condition 1.2 para. 5 if this constitutes the acceptance of your order or the Dispatch Confirmation Email which will be sent to you as set out in Condition 1.2 para. 6.

 

3.6       All prices for products displayed on the Website do not include delivery costs. These will be as displayed to you on our website and will be charged in addition to the specified product prices unless otherwise expressly agreed.

 

Delivery costs will be shown in your basket and in your order summary (as set out in Condition 1.2 para. 3). These costs will also be included in the invoice as stated in Condition 3.3.

 

If you are exercising your right to change your mind as set out in Condition 8, unless you have requested express delivery (in which case please see the paragraph below), we will refund the full costs of delivering the products to you. Any refund will be made by the method you used for payment.

 

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered more quickly at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

If you are exercising your right to change your mind as set out in Condition 8 and to return the products then as a result of the cancellation, we will pay the direct costs of return.

 

 

4          Dispatch and delivery

 

4.1      The date of dispatch is the date on which the products purchased by you are handed over to the person delivering the products on your behalf. 

 

4.2       Any dates of dispatch and/or delivery communicated by us are estimates only and may deviate by up to two working days unless an exact date has been expressly agreed. We will deliver the products to you as closely as possible to any estimated delivery date which we provide and, in any event or unless otherwise agreed with you, will deliver them within 30 days after the day on which we accept your order.

 

4.3       We are only able to deliver products to addresses within Australia. Please note that products ordered through the Website are not available for collection by you and we do not deliver to automated booths for parcel collection.

 

4.4       Product availability can generally be seen in the product description on our Website. Unless stated otherwise on the Website, products will be delivered to addresses inside within 2 - 4 working days or within 1 working day if you select express shipping. Additional estimated delivery periods for other countries are set out in this table.

           

If a product you have ordered via our Website is (temporarily) unavailable, we will inform you as soon as possible about such non-availability.

 

If an Agreement is concluded and our carrier fails to make a delivery of a product ordered by you by the estimated delivery date, then the estimated delivery date will be considered to have been extended for three working days but in no event will any estimated delivery date be extended by a period of more than three weeks from the initial delivery date provided that such failure to deliver is not our fault or as a result of our negligence and we have made a corresponding order from our carrier without undue delay. If a product ordered by you is not delivered during the extended period you have the right to cancel the Agreement and we will refind in full all payments you have made with respect to the otder, if any. 

 

If a product is permanently unavailable or cannot be delivered as stated in this Section 4, we will inform you as soon as possible. If a product becomes unavailable and delivery cannot be assured within the foreseeable future (for example if we are going to stop providing the product), we may withdraw from the Agreement. In such circumstances, we will refund in full all the payments you have made with respect to the order, if any. Your legal rights to terminate the Agreement for late delivery will not be affected by this Section 4.4. You agree that we may deliver products you have collectively ordered in partial deliveries, provided that the products can be used separately. We will bear any additional shipping costs caused by delivering in this way.

 

 

5          Ownership of the Products

We retain ownership of the products delivered to you until the payment for them has been made in full.

You are not entitled to resell any products delivered to you which are subject to the retention of title as stated in this Condition 5 unless we have granted prior written consent to such resale.

 

 

6          Defects

 

6.1       Our goods come with the staturoy guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

A major failure occurs when the goods are:


(i) significantly different from the description, sample or demonstration provided;
(ii) substantially unfit for their normal purpose;
(iii) unsafe;
(iv) are such that a reasonable consumer would not have bought the goods if they had known about the problem.
(v) the right to return or exchange Products under this Section 6 does not apply to personalised or customized Products, for example, those engraved with the Customers’s initials.

 

6.2       If you have any questions or complaints about the product, please contact our customer service team by emailing clientcare.australia@rimowa.com. Your legal rights will remain unaffected.

 

6.3      If your products need to be repaired, our client care service will impart you to the competent repair centre. Unless otherwise agreed by RIMOWA and subject to the Australian Consumer Law, all requests for repair, refund or exchange of any Products pursuant to Section 6.1 must be sent to the repair centre together with appropriate proof of purchase (original invoice or gift exchange card) and details of the Customer name, address and telephone number.

 

6.4     In the event that the Customer is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 6.1, delivery costs for returning the Product to be repaired or replaced shall be borne by Rimowa, as well as any costs related to the delivery to the Customer of the repaired or replacement Product.

 

6.5     

Our products also come with a manufacturers Guarantee. Please find the details of this manufacturers Guarantee in the booklet provided to you when purchasing your product or online on www.rimowa.com/au.

 

 

7          Further liability

 

7.1       We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents; for fraud or fraudulent misrepresentation; for breach of your legal rights including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to and agreed by us; supplied with reasonable skill and care; and for defective products under the Australian Consumer Law.

 

7.2       If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

7.3       We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

 

8          Right to change your mind

 

8.1       For most products bought  on our Website you have the right to change your mind and cancel the Agreement within 30 days and receive a refund provided that the returned products are intact and have not been used by you.

 

8.2       Notice of the right of cancellation

 

Notice of the right of cancellation

 

Right of cancellation

 

You have the right to change your mind and cancel this Agreement within thirty days, without having to state reasons. The cancellation period is thirty days starting on the day on which you or a third party (other than the carrier) appointed by yourself takes physical possession of the last goods.

 

In order to exercise your right of cancellation, please contact us by letter sent by post, fax or e-mail RIMOWA Australia Pty Ltd, ABN 632598255 Suite 2 Level 10, 64 Castlereagh Street, Sydney, NSW 2000, and clearly inform us that you want to cancel this Agreement. You can, but do not need to, use the attached sample cancellation form set out below at Condition 8.3 for this purpose.

 

To satisfy the cancellation deadline, it is sufficient for you to have sent off the notice regarding your exercise of the right of cancellation before the cancellation period expires.

 

Consequences of cancellation

 

If you decide to change your mind and cancel this Agreement, we will refund you for all payments we have received from you, including the delivery costs (with the exception of any additional costs resulting from the fact that you chose a delivery method other than the cheapest standard delivery offered by us) without delay, and at the latest within fourteen days of the day on which we received your notice regarding the cancellation of this Agreement. We will use the same payment method that you used for the original transaction for this refund, unless we explicitly agree otherwise; you will not, under any circumstances, be charged any fees for this refund. We may refuse to refund you until we have received the returned goods or until you give us evidence showing that you returned the goods, whichever happens sooner.

 

You must return the goods back to us , or hand them over to us, as soon as possible and in any event within fourteen days of the day on which you inform us of the cancellation of this Agreement. This deadline will have been met if you dispatch the goods before the fourteen-day period comes to an end. We will pay the direct costs of returning of the goods. You are only liable for any loss of value of the goods if this loss of value is attributable to the goods being handled in a manner that was not necessary for the purposes of assessing the features, characteristics and working order of the goods in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop.

 

End of notice on the right of cancellation

 

8.3       Sample cancellation form

 

 

Sample cancellation form

 

(If you wish to cancel the Agreement, please complete this form and send it back.)

 

To RIMOWA Australia Pty Ltd, ABN 632598255 Suite 2 Level 10, 64 Castlereagh Street, Sydney, NSW 2000 – I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],:

 

– Ordered on (*)/received on (*):

– Name of the consumer(s):

– Address of the consumer(s):

– Signature of the consumer(s) (only if notice is issued on paper)

– Date

(*) delete as appropriate.

 

 

8.4     Exceptions from the right of cancellation and the right of return

 

Personalized luggage tags on which text and/or symbols selected by you have been embossed are excluded from the right of cancellation and the right of return.

 

8.5       14-day right of return for limited editions:

 

RIMOWA accepts the returns of limited editions (special offers which are limited in time such as RIMOWA brand collaborations) within 14 days from receiving the merchandise for a full refund, under the condition that the merchandise is complete, unused and undamaged. RIMOWA only accepts return shipments from the same country to which the merchandise has been delivered.

 

 

9          Dispute resolution

In order to settle amicably any disputes relating to the General Terms and Conditions you may submit such controversy or dispute to the Australian Disputes Centre for mediation in accordance with the Australian Dispute Centre's Mediation rules.

 

 

10        Other important terms

 

These terms are governed by the laws of Australia (to the exclusion of the UN Convention on Contracts for the International Sale of Goods) and you can bring legal proceedings in respect of the products in the courts of New South Wales.

 

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

The performance of all or part of our obligations under this Agreement shall be suspended in the event of the occurrence of a force majeure event, which would hamper or delay our performance. The following are regarded as such, in particular, without this list being exhaustive: war, pandemics, riots, insurrection, social unrest, strikes of all kinds and problems of supply to us. We shall inform you of the force majeure event within seven days of its occurrence. Should this suspension continue beyond a period of fifteen days, either party would then be able to terminate the current order. Refund will be made in accordance with the conditions set out in Condition 8 above.