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General Terms and Conditions of Sales to Consumers
(RIMOWA online orders)
Last Updated: August 2020
1 Scope of application, conclusion of a purchase agreement
1.1 These General Terms and Conditions of Sales to Consumers ("General Terms and Conditions") apply to all agreements that RIMOWA Distribution, Inc. ("RIMOWA" or "we") concludes with a customer ("you") on the basis of an online order via the website of RIMOWA at www.RIMOWA.com (the "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, 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 language of the Agreement is English.
1.5 You can place your order as a guest without registering. You may also register on our Website 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. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.
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 exclude sales tax which will be identified to you prior to completing your purchase.
3.2 The following payment methods are available:
- Credit card (MasterCard, VISA, American Express, Maestro, DinersClub): Your credit card will be charged at the time of the Dispatch Confirmation.
- 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 if this constitutes the acceptance of your order or, otherwise, to the Dispatch Confirmation.
3.4 All prices for products displayed on the Website exclude shipping costs as well as any customs duties and other similar 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. These costs will also be included in the invoice.
3.5 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.
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 product availability can generally be seen in the product description.
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 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, 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 section.
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 Except as otherwise required by law, 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 separate written quality guarantee.
Claims for damages due to defects shall be governed by statutory law.
6.2 In all cases involving defects, we would ask you to contact our customer service team by telephone on +49-221-956417-8100, by email at email@example.com or by mail to RIMOWA GmbH, Richard-Byrd-Strasse 13, 50829 Cologne, Germany
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.
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 gross negligence on the part of our organs or executive employees or
- to the extent we have granted a separate written guarantee as to quality or durability.
8 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 (CSIG). 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.