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 article 3 of the Spanish Royal Legislative Decree 1/2007 on the Protection of Users and Consumers ("RLD 1/2007"), 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 To the extent admitted by the law, 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, Italian and Spanish.
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.
3.2 The following payment methods are available:
- Credit card (MasterCard, VISA, American Express, Maestro, DinersClub): 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.
- 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 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 To the extent admitted by the law, 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 are set out in this table [A5] .
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.
To the extent admitted by the law, 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 +49-221-956417-8100 or by sending an e-mail to email@example.com . Charges vary depending on your service provider and country. Your claims shall naturally remain unaffected.
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 articles 128 to 149 of RLD 1/2007,
- 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 Consumers have a right of revocation subject to the following provisions.
8.2 Notice on the right of revocation
Notice on the right of revocation
Right of revocation
Without prejudice to the minimum period of 14 calendar days to exercise the right of withdrawal specified by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, we offer you the right to revoke this Agreement within a longer period equivalent to 30 calendar days, without having to state reasons. The expiration of the revocation period will depend on the nature of the sales order:
- in the case of regular sales orders, the revocation period will expire fourteen days from the date on which you, or a third party indicated by you other than the carrier, acquired physical possession of the goods,
- in the case of multiple goods ordered by you in a single order and delivered separately, the revocation period will expire fourteen days from the date on which you, or a third party indicated by you other than the carrier, acquired physical possession of the last of those goods,
- in the case of the delivery of a good consisting of multiple components or pieces, the revocation period will expire fourteen days from the date on which you, or a third party indicated by you other than the carrier, acquired physical possession of the last component or piece,
- finally, in the case of periodically delivery of goods during a defined period of time, the revocation period will expire fourteen days from the date on which you, or a third party indicated by you other than the carrier, acquired physical possession of the first of those 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) of your decision to revoke this Agreement by an unequivocal statement (e.g. a letter sent by post, telefax or e-mail). 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 undue delay, and at the latest within fourteen days of the day on which we were informed of your decision to revoke from the Agreement. We shall use the same payment method that you used for the original transaction for this refund, unless you have expressly stated otherwise; 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 undue 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. We will bear the direct costs associated with the return of those goods that by their nature can normally be returned by post.
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
Sample revocation form
(you should only fill in and submit this if you wish to revoke the Agreement.)
– 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.
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.
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 laws of Spain, as applicable in the city of Madrid, 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.