General Terms and Conditions of Business
for RIMOWA online orders
As at: October 2017
1 Scope of application
These General Terms and Conditions of Business apply to all agreements that we conclude with you on the basis of online orders (e.g. via our website).
2 Contractual partner and conclusion of an agreement
2.1 Your contractual partner for all agreements concluded based on online orders is RIMOWA GmbH, Richard-Byrd-Str. 13, 50829 Cologne, Germany
2.2 We offer online orders exclusively for consumers (Verbraucher) within the meaning of section 13 of the German Civil Code (BGB) (i.e. for natural persons acting for a purpose that cannot be attributed, in the main, either to their commercial or self-employed professional activities). Entrepreneurs (Unternehmer) within the meaning of section 14 BGB (i.e. natural persons or legal entities or partnerships with a legal personality that are concluding a legal transaction within the context of their commercial or self-employed professional activities) are excluded from online orders. By accepting these General Terms and Conditions of Business, you affirm that you do not wish to purchase the products as an entrepreneur, especially not for the purpose of commercial resale.
2.3 The products shown online, e.g. on our website, constitute a non-binding product catalogue. If we enable online orders for a product, you can first of all put our products into your basket in a non-binding manner and then correct your entries at any time using the "Back" button in your browser before placing your binding order. In the basket itself, you can change the quantity of a product or delete a product from your basket at any time. Next, you have to enter all of the data that is relevant to the processing of your order (first name and surname, invoice and delivery address, selection of mode of payment and payment details). During the order process, we provide you with technical resources in the form of a standard check for completeness and plausibility (check to see whether all mandatory fields have been completed and whether the characters entered are appropriate for the mandatory field in question) to help you to recognise any errors you have made in your entries. Your order data is then summarised once again for you to check. By clicking on the "Place order and pay" button, you are deemed to be placing a binding order for the products in your basket. Receipt of the order will be confirmed by e-mail. In general, confirmation of receipt of your order does not yet constitute the acceptance of your order, unless the e-mail declares such acceptance; in this case, the purchase agreement shall be concluded as a result of the acceptance. In all other cases, a purchase agreement shall also be concluded at the time at which the products you have ordered are dispatched. If the offer is not accepted within five working days, this shall constitute the rejection of the offer.
2.4 A binding agreement can also be concluded earlier as follows:
- If you have selected PayPal as your mode of payment, then the agreement shall be concluded when you confirm the payment instruction to PayPal.
- If you have selected the German online direct payment method "Sofortüberweisung" as your mode of payment, then the agreement shall be concluded when you confirm the payment instruction to SOFORT AG.
2.5 The products are only sold in standard household quantities (a maximum of six products per order).
2.6 The languages available for the conclusion of an agreement are:
German, English, French, Dutch, Italian, Spanish, Portuguese, Czech, Danish, Finnish, Norwegian and Swedish.
2.7 You can register when you place your order and create a customer account, or place your order as a guest without registering. If you create a customer account ("MyRIMOWA") when you place your order, we shall save the wording of the agreement; you can then view your order in your customer account. We will also send you the order details and our General Terms and Conditions of Business by e-mail after you place an order. You can also read and download our General Terms and Conditions of Business at any time via our website.
3 Registration, customer account and data protection
3.1 You have the option of creating a customer account ("MyRIMOWA"), which can be used in particular for online orders, even without placing an order. In order to register, the mandatory fields in the registration form must have been completed correctly and in full. The registration has to be confirmed by us before it is valid. Once you have registered successfully, a MyRIMOWA ID will be created for you. This ID is non-transferable. The MyRIMOWA ID grants you access to your customer account.
3.2 Personal login details must 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 must inform us immediately and change your login details. You are also responsible for keeping the data specified by you up-to-date.
3.3 You can find further information on the handling of your personal data in our data protection information.
4 Terms and conditions of delivery and payment methods
4.1 We deliver exclusively to delivery addresses within the European Union and Norway, Switzerland, Liechtenstein and Monaco. Shipping costs, which are shown in the product description, can be charged over and above the specified product prices. Please note that products ordered in the online shop are not available for collection by the customer and that we do not deliver to German "Packstation" automated booths for parcel collection.
4.2 The product availability can be seen in the product description. Products shall be delivered within Germany within 2 - 4 working days, or within 1 working day if you select express shipping. You can find additional delivery periods for other countries in this table.
4.3 The following modes of payment are available for online orders:
- Credit card (MasterCard, VISA, American Express): Your credit card will be charged when we accept your order (at the latest when the products are dispatched).
- Sofortüberweisung payment service: If you use the Sofortüberweisung payment service, then we receive the bank transfer credit directly. You need to enter your account number, bank sort code, PIN and TAN in order to use the service. The Sofortüberweisung payment service uses the secure payment form of Sofort AG, which is not available to us as a merchant, to set up a bank transfer in your online banking account automatically and in real time. The purchase amount is transferred into our account immediately and directly. If you select the Sofortüberweisung payment service, then a pre-populated form will appear at the end of the order process. This form already contains our bank account details. What is more, the form already specifies the transfer amount and the purpose of the transfer. You now need to select the country in which you have your online banking account and enter your bank sort code. You then enter the same data that you use to log into your online banking (account number and PIN). Next, confirm your order by entering your TAN. You will then receive confirmation of the transaction right away. In general, all Internet users who have an activated online banking account that uses the PIN/TAN system can use the Sofortüberweisung payment service. Please note that the Sofortüberweisung payment service is not yet available in some countries and for a small number of banks. You can find further information on whether your bank uses this service here: https://www.sofort.com/eng-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/.
- 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.
5 Reservation of title
The products shall remain our property until they have been paid for in full.
6 Liability for defects
6.1 In the event of defects, consumers shall have the statutory claims.
6.2 In all cases involving defects, we would ask you to contact our customer service team by calling +49-221-956417-8100. Your claims shall naturally remain unaffected.
7.1 We shall always be liable in full for claims based on damage caused by us, our statutory representatives or vicarious agents
- in the event of culpable injury to life, limb or health
- in cases involving breaches of duty committed with wilful intent or through gross negligence
- in cases involving guarantee undertakings, where these have been agreed
- within the framework of liability under the German Product Liability Act (Produkthaftungsgesetz).
7.2 In cases involving breaches of material contractual obligations committed by us, our statutory representatives or vicarious agents through ordinary negligence 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, then the liability shall be limited, in terms of amount, to the typical damage that can be foreseen at the time the agreement was concluded.
7.3 In all other respects, claims to damages are excluded.
8 Right of revocation
8.1 Consumers have a right of revocation subject to the following provisions.
8.2 Notice on the right of revocation
Right of revocation
You have the right to revoke this Agreement within fourteen days, without having to state reasons. The revocation period is fourteen days starting on the day on which you, or a third party named by you who is not the forwarding agent, took possession of the last goods. In order to exercise your right of revocation, you must inform us (RIMOWA GmbH, Richard-Byrd-Str. 13, 50829 Cologne, Germany, Tel.: +49-221-956417-8100, Fax: +49-221-956417-4, e-mail: firstname.lastname@example.org, by way of a clear declaration (e.g. a letter sent by post, telefax or e-mail) of your decision to revoke this agreement. You can, but are not obliged to, use the attached sample revocation form for this purpose. In order to observe the revocation deadline, it is sufficient for you to have sent off the notice regarding your exercise of the right of revocation before the revocation period expires.
Consequences of revocation
If you revoke this Agreement, we must refund you for all payments we have received from you, including the delivery costs (with the exception of the 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 revocation of this Agreement. We shall use the same payment method that you used for the original transaction for this refund, unless an explicit agreement to the contrary has been reached with you; you will not, under any circumstances, be charged any fees for this refund. We can refuse to refund you until we have received the returned goods or until you furnish evidence showing that you returned the goods, whichever happens sooner. You must return the goods back to us, or hand them over to us, without delay and in any event within fourteen days of the day on which you inform us of the revocation of this Agreement at the latest. This deadline shall be deemed to have been met if you dispatch the goods before the fourteen-day period comes to an end. You shall bear the direct costs associated with the return of the goods. You are only liable for any loss of value relating to 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.
End of notice on the right of revocation
8.3 Sample revocation form
(If you wish to revoke the Agreement, please complete this form and send it back.)
– To RIMOWA GmbH, Richard-Byrd-Str. 13, 50829 Cologne, Germany, email@example.com, – I/we (*) hereby revoke the Agreement concluded by me/us (*) regarding the purchase of the following goods (*)/the performance 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)
(*) delete as appropriate.
9 Online dispute resolution
We do not participate in the procedure for alternative dispute resolution in consumer matters pursuant to section 36 of the German Consumer's Alternative Dispute Resolution Act (VSBG).
10 Final provisions
10.1 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 (CSIG). This choice of law shall only apply to the extent that the consumer is not deprived of the protection granted to him/her on the basis of mandatory provisions of the law that applies in the country in which he/she has his/her habitual place of abode as a result.
10.2 Should individual provisions of these General Terms and Conditions of Business be or become null and void or ineffective, either in full or in part, this shall not affect the effectiveness of the remaining provisions.