General Terms and Conditions of Business to Consumers

for RIMOWA online orders

April 2018


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 international ("RIMOWA" or "we"), a company registered in Germany with registered office in Richard-Byrd-Strasse 13, 50829 Cologne, Germany, concludes with a customer who is a consumer within the meaning of Section 2(3) of the Consumer Rights Act 2015 ( "CRA 2015"), i.e. an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession, ("you") on the basis of online orders, e.g. via the website of RIMOWA ("Website").

You can contact us by:

· telephoning our customer service team at +49-221-956417-8100 (call charges vary depending on your service provider and location);

· emailing us at clientcare.germany@rimowa.com; or

· writing to us at Richard-Byrd-Str. 13, 50829 Cologne, Germany.

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 VAT) 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, Maestro, DinersClub): 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. We 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.

- Alipay: When you add AliPay as a payment method, you'll need to verify your account in the AliPay App or via SMS. You might need to provide your full Chinese National ID.

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.

3.4 If you do not make any payment to us by the due date for payment we may:

  • charge interest to you on the overdue amount at the rate of [X]% a year above the base lending rate of [BANK] from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount; or
  • treat your non-payment as a cancellation under Condition 8 below provided that in such circumstances we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

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 our 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 the European Union as well as Norway, Switzerland, Liechtenstein and Monaco. Please note that products ordered through the Website are not available for collection by you and we do not deliver to German “Packstation” 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 England, Wales, Scotland and Northern Ireland 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 is permanently unavailable or cannot be delivered as stated in Condition 4.4 para. 3, 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 Condition 4.4 para. 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 We are under a legal duty to supply products that are in conformity with this Agreement. Nothing in these terms will affect your legal rights.

To ensure that you are able to exercise your statutory rights, you must bring any claim(s):

· within 30 days of the date that the products were delivered to you - if your goods are faulty, then you can get an immediate refund;

· within six months of the date that the products were delivered to you - if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;

· within six years of the date that the products were delivered to you - if your goods do not last a reasonable length of time you may be entitled to some money back.

Claims for defects, which we have fraudulently concealed or which are covered by a quality guarantee, shall remain unaffected by this provision

6.2 If you have any questions or complaints about the product, please contact our customer service team

by calling +49-221-956417-8100. Charges will vary depending on your service provider and country. Your legal rights will remain unaffected.


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, agents or subcontractors; 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 Consumer Protection Act 1987.

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 online you have a legal right to change your mind and cancel the Agreement within 14 days and receive a refund.

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 fourteen days, without having to state reasons. The cancellation period is fourteen days starting on the day on which you take 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 international, Richard-Byrd-Str. 13, 50829 Cologne, Germany, Tel.: +49-221-956417-8100, Fax: +49-221-956417-4, e-mail: hello@rimowa.com), 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. You 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 international, Richard-Byrd-Str. 13, 50829 Cologne, Germany, hello@rimowa.com – 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.


9 Online dispute resolution

We do not participate in the procedure for alternative dispute resolution in consumer matters pursuant to the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 or for online dispute resolution for consumer disputes pursuant to the Regulation on Consumer ODR (ODR-VO).


10 Other important terms

These terms are governed by the laws of England and Wales (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 English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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.