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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 Introductory Section of the French consumer Code, i.e. every natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, ("you") on the basis of online orders, e.g. via the website of RIMOWA ("Website").
1.2 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").
To place an order, you may, as a first step, put our products into your shopping 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 are required to enter all of the data that is relevant to the processing of 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 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 possibly made in your entries. Your order data is then summarised once again for your final check. By clicking on the "Place order and pay" button, you place a binding order for the products in your basket. You may only place a binding order if you take note of and accept these General Terms and Conditions and confirm it by placing a checkmark in the fields "I have taken note of General Terms and Conditions and accept them" and "I have taken note of the right of cancelation" before you click the "Place order and pay" button mentioned above.
Receipt and acceptance of the order will be confirmed by us via email to you ("Receipt Confirmation") without undue delay. The Receipt Confirmation will also contain all details of the Agreement (including the details of the order and these General Terms and Conditions).
The Agreement shall be deemed to have been concluded as a result of the acceptance. You will receive a further separate email from us informing you of the dispatch of the products ("Dispatch Confirmation"). The Dispatch Confirmation will also contain all details of the Agreement (including the details of the order and these General Terms and Conditions).
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 on the Website are: German, English, French
If you are a French consumer, the Website shall be available in the French language and the Agreement shall be concluded in the French language.
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 cancel the Agreement in accordance with Clause 7.
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.
2.3 If you provide us with your telephone number but do not wish to be the subject of commercial prospecting by telephone, you can register free of charge on the Bloctel col calling opposition list: www.bloctel.fr.
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): 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.
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 cancel your order and use any means (including judicial actions) permitted by law.
3.5 Unless otherwise provided by law, set-off and exercise of a right of retention by you are excluded.
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 before the confirmation of your order 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 will not bear the shipping costs in the event you validly exercise your right of cancelation according to Clause 1.6. However, if you select a delivery method other than the standard delivery method offered by RIMOWA, you will bear the shipping costs irrespective of the exercise of your right of withdrawal (see Clause 7).
In the event you validly exercise your right of cancelation according to Clause 7 and return the products you have purchased via our Website as a result of the cancelation, 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 French lock boxes and automated booths for parcel collection.
4.4 The product availability can generally be seen in the product description. Products shall be delivered inside France 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.
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 resale.
6 Liability for defects
6.1 RIMOWA is liable for any non-conformity of the products under the Agreement (Articles L. 217-4 to L. 217-16 of the French Consumer Code) and any hidden defects in the conditions set forth in Articles 1641 to 1648 and 2232 of the French Civil Code.
Where you bring an action on the basis of a statutory warranty of conformity, you:
In addition, the statutory warranty of conformity applies regardless of any commercial warranties that may be granted by RIMOWA and the terms and conditions of which shall be specified in a separate written agreement.
The Customer may decide to enforce the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
Article L. 217-4 of the French Consumer Code: The seller shall deliver a good in conformity with the contract and shall be responsible for lack of conformity existing at the time of delivery. It is also responsible for compliance defects resulting from packaging, assembly instructions or the installation where the contract states it is responsible for this or where it has been performed under its responsibility.
Article L. 217-5 of the French Consumer Code: To comply with the contract, the good must:
1° Be suitable for use usually expected of a similar good and, if applicable:
- match the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect considering the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling;
2° Or have characteristics defined by mutual agreement of the parties or be suited to any special use sought by the buyer, brought to the knowledge of the seller, and that the latter has accepted.
Article L. 217-12 of the French Consumer Code: Action resulting from the lack of conformity is barred two years after delivery of the good.
Article L. 217-16 of the French Consumer Code: When the buyer requests the seller to carry out repairs covered by his contractual warranty, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the warranty. The said period shall run from the time when the buyer requests assistance or the time when the product is taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the French Civil Code: The seller must warrant against latent defects in the thing sold which render it unfit for the use for which it was intended, or so diminish its use, that the buyer would not have acquired it or would have given a lower price, if it had known about them.
Article 1648 of the French Civil Code, first paragraph: Action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect.
6.2 In all cases involving defects, we would ask you to contact our customer service team
by email: firstname.lastname@example.org or by calling +33 1 70 23 07 91. Your claims shall naturally remain unaffected.
7 Right of cancellation
7.1 You have a right of cancelation of the Agreement subject to the following provisions.
7.2 Right to cancel
You have the right to cancel the Agreement within 14 days without giving any reason.
The cancellation 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, acquire physical possession of the Products or, in the case of multiple Products in one order delivered separately, the last Product.
To exercise the right to cancel, you must inform RIMOWA at the address specified in the Dispatch Confirmation of your decision to cancel the Agreement by an unequivocal statement (e.g., by a letter sent by post). You may use the model cancellation form attached in Appendix 1, but it is not mandatory. You can also electronically fill in and submit the model cancellation form or any other unequivocal statement via RIMOWA’s contact form accessible on the Website. If You use this option, RIMOWA will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g., by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send the communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.3 Effects of cancellation
If you cancel the Agreement, RIMOWA will reimburse to you all payment received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by RIMOWA), without undue delay and in any event no later than 14 days from the day RIMOWA is informed about your decision to cancel the Agreement.
RIMOWA will provide such reimbursement using the same method of payment 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. RIMOWA may withhold reimbursement until it has received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
You shall send back the Products or hand them over to RIMOWA, at the address indicated in the Dispatch Confirmation, without undue delay and in any event not later than 14 days from the day you send your notice of cancellation of the Agreement to RIMOWA. The deadline is met if you send back the Products before the period of 14 days has expired.
We will bear the direct cost of returning the Products.
You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
8 30-day right of return granted by RIMOWA
Without prejudice to your legal right of cancellation (see article 7 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 7 above.
Exception to the right of revocation and the return of merchandise: Personalized luggage tags on which text and/or symbols selected by you have been embossed are excluded from the right of revocation and the return of merchandise.
9 Retention of the Agreement
Pursuant to the provisions of Article L. 213-1 of the French Consumer Code, we will store and archive, for a period of 10 years, all Agreements entered into with you for a value of €120 or more and you will be able to access them at any time.
This right of access may be exercised at any time by sending an email to email@example.com.
10 Dispute resolution
You are entitled to request, on a free of charge basis, the use of a consumer mediation service in order to settle amicably any disputes relating to the General Terms and Conditions.
You may contact the mediation service at CMAP - 39, avenue Franklin D. Roosevelt, 75008 Paris, France - www.cmap.fr.
You may also use the online dispute resolution service proposed by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts..
11 Governing law
The General Terms and Conditions are governed by French law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG and without prejudice to any other applicable imperative provision of law more favourable to you in your country of residence.
Annex 1 : Model cancellation form
(complete and return this form only if you wish to withdraw from the Agreement)
To (see contact information in the Dispatch Confirmation):
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