General Terms and Conditions of Business to Consumers
for RIMOWA online orders
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 GmbH ("RIMOWA" or "we") with its registered office in Richard-Byrd-Str. 13, 50829 Cologne, Germany, concludes with a customer who is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. every natural person who enters into a legal transaction for purposes that predominantly are outside such person's trade, business or profession, ("you") on the basis of online orders, e.g. via the website of RIMOWA ("Website").
1.2 The products displayed on our Website constitute a non-binding product catalogue. Our product offerings on the Website are non-binding and do not constitute an offer to conclude a purchase agreement.
- By placing an order via the Website, you make a binding offer to purchase the relevant products and, thus, to conclude a purchase agreement ("Agreement").
- If the Receipt Confirmation does not expressly declare an acceptance of your order and your products are not dispatched within five working days from receipt of the Receipt Confirmation, your offer to conclude an Agreement shall be deemed to have been rejected.
- If you have selected PayPal as your payment method as stated in Clause 3.2, the Agreement shall be deemed to have been concluded at the time you confirm the payment instruction to PayPal.
1.3 The products shown on the Website may only be purchased in standard household quantities (maximum six products per order).
1.4 The languages available for the conclusion of an Agreement are:
German, English, French.
The respective language of an Agreement shall depend on the language in which the Website, where you purchase our products, is designed.
1.5 You can place your order as a guest without registering. You may also register on our Website as stated below in Clause 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 therein; you can then review the details in your Customer Account. We will also send to you the order details and these General Terms and Conditions with the Dispatch Confirmation as stated in Clause 1.2 para. 4. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.
1.6 You are entitled to withdraw from the Agreement in accordance with the Instructions on Withdrawal pursuant to Clause 8.2.
2 Registration, customer account and data protection
2.1 In order to register on our Website, you have to complete the mandatory fields in the registration form correctly and in full. The registration is successfully completed if it has been confirmed by us with a corresponding 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. This ID is non-transferable and grants you access to your Customer Account.
2.2 Your personal login details have to be stored in a way that protects them against access by third parties. If third parties become aware of your login details nonetheless, then you shall inform us immediately and change your login details. You are also responsible for renewing the data specified by you for each new order.
3 Terms and conditions of payment, shipping costs, return shipping costs
3.1 All prices for products displayed on the Website include statutory VAT, except for Switzerland, Norway and Liechtenstein where prices for products are displayed excluding statutory VAT .
3.2 The following payment methods are available:
- Credit card (MasterCard, VISA, American Express): Your credit card will be charged upon acceptance of your order according to Clause 1.2 para. 4.
- PayPal: You pay the invoice amount via the online provider PayPal. In general, you have to register or be registered with 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.
- Klarna Pay in 3: If you choose Klarna´s “Pay in 3” as your payment method, you can split your invoice amount into 3 equal instalments. The payments for each instalment will automatically be collected from the debit or credit card you entered at checkout. As soon as your order has been dispatched, you will receive a notification from Klarna outlining your payment schedule. As of this date the first installment will be charged from your card. The other two installments will be charged from your card in a two weeks cycle until the full order amount has been paid.
3.3 For each binding order you place via the Website, you will receive an invoice for the amount payable by you. The invoice will be attached to the Receipt Confirmation as stated in Clause 1.2 para. 4 if this constitutes the acceptance of your order or, otherwise, to the Dispatch Confirmation as stated in Clause 1.2 para. 4.
3.4 In the event of default in payment, we are entitled to our statutory rights.
3.5 Set-off and exercise of a right of retention by you due to contested counterclaims or counterclaims which are not final (rechtskräftig) are excluded. The exercise of any retention right by you is also excluded to the extent that the counterclaims are not based on the same contractual relationship.
3.6 All prices for products displayed on the Website do not include shipping costs as well as customs duties and other similar public charges. These will be charged over and above the specified product prices unless otherwise expressly agreed.
The shipping costs will be automatically specified in your basket and displayed in the summary of the order data as stated in Clause 1.2 para. 3. These costs will also be included in the invoice as stated in Clause 3.3.
You are not obliged to bear the shipping costs for the delivery in the event you validly exercise your right of withdrawal according to Clause 1.6. This does not apply if you select the express shipping for delivery.
In the event you validly exercise your right of withdrawal according to Clause 1.6 and return the products you have purchased via our Website as a result of the withdrawal, we will bear the direct return shipping costs.
4 Terms and conditions of dispatch and delivery
4.1 Any date of dispatch communicated by us shall be approximate and may deviate by two working days unless an exact date has been expressly agreed.
4.2 The date of dispatch shall be the date on which the products purchased by you are handed over to a transport person delivering the products.
4.3 The products can be exclusively delivered to addresses within the European Union as well as Norway, Switzerland, Liechtenstein and Monaco. Please note that products ordered on the Website are not available for collection by you and that we do not deliver to German “Packstation” automated booths for parcel collection.
4.4 The product availability can generally be seen in the product description. Products shall be delivered inside Germany within 2 - 4 working days or within 1 working day if you select express shipping unless no or a deviating delivery period is indicated with regard to the respective product on our Website. Additional delivery periods for other countries can apply.
In the event that a product you have ordered via our Website is (temporarily) unavailable when you are placing the order, we will inform you immediately about the non-availability. In case a product is permanently unavailable, we will refrain from accepting your order. An Agreement will not be concluded in this case.
In the event an Agreement is concluded and our supplier fails to make a delivery relevant for the delivery of a product ordered by you, then any applicable period for delivery according to this Clause 4.4 shall be deemed to have been extended until three working days after the respective delivery is made by our supplier but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply is not based on our fault or negligence and we have made a corresponding order from the supplier without undue delay.
If a product is permanently unavailable or cannot be timely delivered as stated in Clause 4.4 para. 3, we will inform you immediately. In the event a product is unavailable and the delivery cannot be assured by the delivery from our supplier within the foreseeable future, we shall be entitled to withdraw from the Agreement. In such case, we will reimburse you all the payments you have made with respect to the order, if any. Your rights in connection with the default in delivery shall remain unaffected by this provision 4.4 para. 4.
We are entitled to 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 thereby.
5 Retention of title
We retain title to 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 Clause 5 unless we have granted prior written consent to such resell.
6 Liability for defects
6.1 In the event of defects in the products, the statutory provisions shall apply. The period of limitation for all claims for defects is two years and starts at the time the corresponding products have been delivered to you. Claims for defects, which we have fraudulently concealed or which are covered by a quality guarantee, shall remain unaffected by this provision 6.1.
Claims for damages due to defects shall be governed by statutory law, though modified by the provisions in Clause 7.
6.2 In all cases involving defects, we would ask you to contact our customer service team
by calling +49-221-956 4178100. Charges vary depending on your service provider and country. Your claims shall naturally remain unaffected.
6.3 Special provisions for defects in second-hand products: As each second-hand products is an individualpiece, in individual cases the delivery of a defect-free product as the supplementary performance may be impossible. In such a case, your statutory claim for subsequent performance may be limited to the remedy of the defect (for example, by repair).
7 Further liability
7.1 We shall always be liable irrespective of the type of breach of our obligations arising from an Agreement, including tort, if the breach of obligations is based on an intent or gross negligence.
7.2 In case of a breach of material contractual obligations by us, our statutory representatives or vicarious agents, where the fulfilment of such obligations is crucial for the due performance of the agreement in the first place and the contractual partners can generally be expected to trust in their fulfilment, we shall be liable for any breach based on negligence, but in case of slight negligence the liability shall be limited, to the typical damage that can be foreseen at the time the Agreement was concluded.
7.3 The limitations of liability and exclusions as stated in this Clause 7 do not apply
- to damages resulting from injury to life, limb or health,
- in the event of fraudulent concealment of defects,
- in the event of liability for claims based on the German Product Liability Act (Produkthaftungsgesetz),
- in the event of gross negligence on the part of our organs or executive employees or
- to the extent we have granted a guarantee as to quality or durability.
7.4 To the extent our liability is excluded or limited as stated in this Clause 7, this shall also apply to our employees, representatives and vicarious agents.
8 Right of revocation
8.1 You have a right of withdrawal subject to the following provisions.
8.2 Instructions on withdrawal
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (RIMOWA GmbH, Richard-Byrd-Strasse 13, 50829 Cologne, Germany, tel.: +49-221-967 59100, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.3 Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To RIMOWA GmbH, Richard-Byrd-Strasse 13, 50829 Cologne, Germany, email@example.com:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
8.4 30-day right of return granted by RIMOWA
Without prejudice to your legal right of cancellation (see article 8.2 of these General Terms and Conditions), we grant you a 30-day right of return. This right of return allows you to withdraw from the Agreement after the expiry of the legal 14-day cancellation period by returning the relevant product to us within 30 days of having received it. The period for exercising this right of return runs from the date of receipt of the said product. Otherwise, this right of return is subject to the same conditions as the legal right of cancellation, as described in Article 8.2 above.
8.5 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.
8.6 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 Online dispute resolution
We do not participate in the procedure for alternative dispute resolution in consumer matters pursuant to the German Consumer's Alternative Dispute Resolution Act (VSBG) and for online dispute resolution for consumer disputes pursuant to the Regulation on Consumer ODR (ODR-VO).
10 Applicable law
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law shall not apply, however, if it has the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of statutory provisions.