RIMOWA
Website Terms and Conditions of Use
These Website Terms and Conditions of Use (this “Agreement
”) is agreed to between RIMOWA Distribution, Inc., a Delaware corporation
(“RIMOWA”) and you, or if you represent an entity or other
organization, that entity or organization (in either case, “you,” “your,” or “yourself”). The website operated by RIMOWA atwww.RIMOWA.com (the “ Website”), which may be accessible through a mobile
application, is produced and published by RIMOWA and is hosted by RIMOWA
Distribution Inc., 2200 W 32nd Street, Box 619024, DFW Airport,
TX 75261, telephone: +1 972 691 0099 or by emailing us at info-na@rimowa.com.
The Website offers the ability for individuals to access certain
information, data, and other content (“Content”) and use
certain interactive functionality and services, including an online catalog
of products and prices (“Services”) available through the
Website. This Agreement applies to your use of and access to the Website
and the Content and Services available through the Website. The Website is
not intended for children under the age of 13.
PLEASE CAREFULLY READ THIS Agreement. BY ACCESSING OR USING THE WEBSITE OR
ANY CONTENT OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT
OR AGREE TO This Agreement (AND IF YOU ARE UNDER THE AGE OF 18, THAT YOUR
PARENT OR GUARDIAN HAS ACCEPTED AND AGREED ON YOUR BEHALF), YOU AGREE THAT
YOU HAVE READ AND AGREE TO BE BOUND BY this Agreement. IF YOU DO NOT AGREE
TO This Agreement, RIMOWA IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR
USE OF THE WEBSITE OR ANY CONTENT OR SERVICES ACCESSIBLE THROUGH THE
WEBSITE AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR ANY CONTENT OR
SERVICES.
Unless you later enter into any other agreements with RIMOWA regarding the
Website or any Content or Services, this Agreement is the complete and
exclusive agreement between you and RIMOWA regarding your access to and use
of the Website and all Content and Services. This Agreement supersedes any
prior agreement or other communications between you and RIMOWA relating to
your use of and access to the Website and any Content or Services.
1.
DEFINITIONS.
Terms used in this Agreement have the definitions given in this Agreement.
2.
Term
. This Agreement is entered into as of the earlier of the date you first
access or use the Website or any Content or Services and will continue
until terminated as set forth herein.
3.
Eligibility.
You must be 13 years or older to access or use the Website or any Content,
or Services. By accessing or using the Website or any Content or Services,
you represent that you are at least 13 years old. The Website is intended
to be used only by individuals and entities that can form legally binding
contracts under applicable law so if you are under the age of 18 (and over
the age of 13), your parent or guardian must have agreed to these Terms and
Conditions before you access the Website or any Content or Services.
4.
Modifications
. RIMOWA reserves the right, at any time, to modify the Website or any
Content or Services, with or without notice to you, by making those
modifications available on the Website. RIMOWA also reserves the right, at
any time, to modify this Agreement. RIMOWA will inform you of the presence
of any changes to this Agreement by posting those changes on the Website or
by providing you with notice through the Website. Any modifications will be
effective immediately upon posting on the Website or delivery of such
notice through the Website. You may terminate this Agreement as set forth
below if you object to any such modifications. However, you will be deemed
to have agreed to any and all modifications (or your parent or guardian
will be deemed to have agreed on your behalf) through your continued use of
the Website or any Content or Services following such notice period.
5.
Orders and Terms of sale.
The Website displays an online catalog of products and prices. You may be
permitted to place orders seeking to purchase products and other offerings
(“Products”) available for sale on the Website (whether in
the form of an online order submitted through the Website or an order
submitted by way of email, phone, or other form permitted by RIMOWA, an “ Order”). All Orders are subject acceptance by RIMOWA, in
its sole discretion. In addition to this Agreement, your purchase of any
Products is governed by the terms displayed on the Website in connection
with each Product and any additional terms provided to you in connection
with your Order or any acceptance of your Order provided by RIMOWA (the “ Terms of Sale
[OC1]
”). If this Agreement conflicts with the Terms of Sale for any Order, the
Terms of Sale will govern and control with respect to the Products provided
to you under that Order. If a Product is listed at an incorrect price or
with incorrect information, RIMOWA shall have the right to refuse or cancel
any Order placed for those Products, whether or not the Order has been
confirmed or your credit card has been charged. If your credit card has
already been charged for an Order and your Order is canceled, RIMOWA will
promptly issue you a credit in the amount of the charge.
6.
Account.
6.1.
Users
. You are permitted to access certain Content and Services without
establishing a user account on the Website (an “Account“),
provided that you have agreed to this Agreement. However, access to certain
Content and Services may require that you establish an Account on the
Website. Approval of your request to establish an Account will be at the
sole discretion of RIMOWA. If you are an organization, you may authorize
designated employees within your organization to access the Website,
Content, and Services on your behalf through your Account (you and each
such individual, as applicable, a “User” of your Account).
If you are an individual, then you may access the Website, Content, and
Services through your Account as the sole User of the Account. Each user
identification and password for your Account (each, “ Account ID”) is personal in nature and may be used only by
you or, as applicable, the User to whom the Account ID is issued.
6.2.
Registration Information
. In connection with establishing an Account, you will be asked to submit
certain information about yourself and, as applicable, your organization.
You agree that: (a) all such information you provide will be accurate,
complete, and current; (b) you will maintain and promptly update all such
information to keep it accurate, complete, and current; and (c) you will
not provide any information belonging to another person or organization
with the intent to impersonate that person or organization.
6.3.
Responsibilities
. You are solely responsible for all access to and use of your Account
(whether authorized or unauthorized), including all Content and Services
accessed through your Account. RIMOWA may deem any actions taken through
your Account to have been authorized by you. You are responsible for
compliance, and the compliance any other Users of your Account, with this
Agreement. You will ensure the security and confidentiality of each Account
ID and will notify RIMOWA immediately if any Account ID is lost, stolen, or
otherwise compromised. You acknowledge that you are fully responsible for
all costs, fees, liabilities or damages incurred, and material transferred,
stored, modified or shared through the use of each Account ID (whether
lawful or unlawful). You acknowledge that any Orders made or other
transactions completed through your Account will be deemed to have been
lawfully completed by you. In no event will RIMOWA be liable for the
foregoing obligations or the failure by you to fulfill such obligations.
7.
Access
.
7.1.
To the Website and Services
. Subject to your compliance with this Agreement, RIMOWA will permit you to
access and use the Website and Services solely for your own lawful purposes
and only in accordance with this Agreement and any other agreement you
agree to with RIMOWA before being given access to any specific aspects of
the Website. Any additional agreement is in addition to this Agreement and
will govern your use of the portions of the Website to which the additional
agreement applies in the event of a conflict between the terms of this
Agreement and the additional agreement.
7.2.
To Content
. Unless otherwise noted on the Website, all Content available through the
Website, and the individual elements that make up the Website (images,
illustrations, sounds, texts, graphical elements, charter, etc.), including
all text, audio, video, photographs, illustrations, graphics, testimonials,
newsletters and other media, is owned by RIMOWA, RIMOWA’s third party
providers, or by other Users of the Website. All Content is provided for
informational purposes only and you are solely responsible for verifying
the accuracy, completeness, and applicability of all Content and for your
use of any Content. Subject to your compliance with this Agreement, you may
access the Content solely for your own personal and noncommercial purposes
in connection with your own use of the Website and Services. You will not,
and will not permit any third party to: (a) alter, modify, reproduce, or
create derivative works of any Content; (b) distribute, sell, resell, lend,
loan, lease, license, sublicense, or transfer any Content; or (c) alter,
obscure or remove any copyright, trademark, or any other notices that are
provided on or in connection with any Content. RIMOWA has not verified the
accuracy of, and will not be responsible for any errors or omissions in any
Content. RIMOWA makes no guarantees regarding the accuracy, currency,
suitability, or quality of any Content. Without limiting the foregoing,
RIMOWA will not be held liable to you or any other third party for any
Content, including your Content under a Federal Law the Communications
Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Agreement,
you are granted no licenses or other rights in or to any Content, or any
IPR therein or related thereto. If you would like to use any Content in a
manner not permitted by this Agreement, please contact RIMOWA.
7.3.
To Third-Party Services
. The Website may provide you with access to certain Services developed,
provided, or maintained by other third-party service providers (" Third Party Services"). In addition to the terms of this
Agreement, your access to and use of any Third Party Services is also
subject to any other agreement you may agree to before being given access
to the Third Party Services (each, a " Third Party Service Agreement"). The terms of any Third
Party Service Agreement (which may include payment of fees) will apply to
the applicable Third Party Services provided under that Third Party Service
Agreement in addition to the terms of this Agreement, but will not apply to
any other Services you may access through the Website. Except as set forth
in this Agreement, the terms of any Third Party Service Agreement will
control in the event of a conflict between the terms of this Agreement and
that Third Party Service Agreement.
8.
Termination
. You may cease use of the Website at any time. If you also wish to disable
access to your Account and terminate this Agreement, you may contact RIMOWA
as indicted on the Website to request that your Account be disabled. RIMOWA
may terminate this Agreement at any time in its sole discretion by
disabling access to your Account or by providing notice to you. Upon any
termination of this Agreement: (1) all rights granted to you under this
Agreement will terminate; (2) you will immediately cease all use of and
access to the Website and all Services; (3) you will cease use of and
delete all Content you obtained prior to termination; and (4) RIMOWA may,
in its sole discretion, disable your Account and delete any of your
Content. RIMOWA may, in its sole discretion, fulfil any Orders pending at
the time of any termination of this Agreement or cancel any pending Orders
and refund any pre-paid amounts. Sections titled Definitions, Termination,
Suspension, Website Technology, Ownership, Representations and Warranties,
Indemnity, Limitation on Liability, Data Privacy, Feedback, Claims of
Infringement, Disputes, Notices, International Access, Linked Websites, and
Additional Terms will survive any expiration or termination of this
Agreement.
9.
Suspension
. Without limiting RIMOWA’s right to terminate this Agreement at any time
or by any means, RIMOWA may also suspend your access to your Account, the
Website, any Content, or any Services, with or without notice to you, upon
any actual, threatened, or suspected breach of this Agreement or applicable
law or upon any other conduct deemed by RIMOWA, in its sole discretion, to
be inappropriate or detrimental to the Website, Services, RIMOWA, or any
other User or third party.
10.
Website Technology
. The Website, and the databases, software, hardware and other technology
used by or on behalf of RIMOWA to operate the Website, and the structure,
organization, and underlying data, information, and software code thereof
(collectively, the "Technology"), constitute valuable
trade secrets of RIMOWA. You will not, and will not permit any third party
to: (1) access or attempt to access the Technology except as expressly
provided in this Agreement; (2) use the Technology in any unlawful manner
or in any other manner that could damage, disable, overburden, or impair
the Technology; (3) use automated scripts to collect information from or
otherwise interact with the Technology; (4) alter, modify, reproduce,
create derivative works of the Technology; (5) distribute, sell, resell,
lend, loan, lease, license, sublicense, or transfer any of your rights to
access or use the Technology or otherwise make the Technology available to
any third party; (6) reverse engineer, disassemble, decompile, or otherwise
attempt to derive the method of operation of the Technology; (7) attempt to
circumvent or overcome any technological protection measures intended to
restrict access to any portion of the Technology; (8) monitor the
availability, performance, or functionality of the Technology; (9)
interfere with the operation or hosting of the Technology; (10) introduce
any viruses, Trojan horses, worms, logic bombs or other material into the
Technology; (11) introduce to the Technology, post, send by e-mail or
otherwise transmit unsolicited or unauthorized advertising or promotional
material, “print ads,” “false information,” “chain letters,” or any other
forms of solicitation; (12) introduce to the Technology, post, send by
e-mail or otherwise transmit any content that is illegal, prejudicial,
threatening, abusive, harassing, criminal, defamatory, vulgar, obscene,
contrary to accepted principles of morality, odious or objectionable or
offensive from a racial, ethnic, or other point of view, or invades the
privacy of a person, including his or her right of personal portrayal; (13)
probe, scan, or test the vulnerability of the Technology, or to breach
security or authentication measures without authorization; (14) misuse the
identity of another individual; (15) access data which is not intended for
you or entering a server/account which you are not authorized to access; or
(16) transmit or transfer (by any means whatsoever) information, software,
or Technology, particularly to other countries or foreign nationals in
violation of a national or international law or regulation;
11.
Ownership
. The Technology, all additions, improvements, updates, and modifications
thereto, and all intellectual and proprietary property rights, including
all copyrights, trademarks, service marks, trade secrets, patent rights,
moral rights, and rights in data and databases (“IPR”), in
and to the Technology are and will remain the sole and exclusive property
of RIMOWA and its third party providers. You receive no ownership interest
in or to the Technology and you are not granted any right or license to use
the Technology itself, apart from your ability to access the Website,
Content, and Services under this Agreement.
12.
RIMOWA Marks.
The RIMOWA name and logo, and all names and logos displayed on the Website,
through the Services, or in any Content, are trademarks or service marks of
RIMOWA and its affiliates and third party providers. You are granted no
right or license to use any such trademarks or service marks. Any use of
such trademarks or service marks without RIMOWA’s express written consent
is strictly prohibited. RIMOWA reserves the right to claim damages in the
event of counterfeiting and more generally of infringement upon its IPR.
Similarly, you shall refrain from infringing upon any property rights,
particularly IPR, which may be held by any company in the group to which
RIMOWA belongs. Any use whatsoever of RIMOWA’s IPR and/or any other Content
is subject to the express authorization of RIMOWA or the holder of the IPR
concerned.
13.
REPRESENTATIONS AND WARRANTIES
.
13.1.
Mutual
. Each party hereby represents and warrants to the other party that: (a) it
has the legal right and authority to enter into this Agreement; (b) this
Agreement forms a binding legal obligation on behalf of such party; and (c)
it has the legal right and authority to perform its obligations under this
Agreement and to grant the rights and licenses described in this Agreement.
13.2.
Compliance with Laws
. You acknowledge that the Website is a general purpose online service and
is not specifically designed to facilitate compliance with any specific
law. You represent and warrant to RIMOWA that your use of and access to the
Website or any Content or Services, will comply with all applicable Laws
and will not cause RIMOWA itself or any other third party to violate any
applicable Laws. RIMOWA is not responsible for notifying you of any such
Laws, enabling your compliance with any such Laws, or for your failure to
comply with any such Laws.
13.3.
No Warranties; Disclaimer
. EXCEPT AS MAY OTHERWISE PROVIDED IN THE TERMS OF SALE SPECIFIC TO A
PRODUCT, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY
WARRANTIES, WHETHER EXPRESS OR IMPLIED. THE WEBSITE AND ALL CONTENT AND
SERVICES ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE." RIMOWA AND ITS
SERVICE PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS,
ADEQUACY, OR CURRENCY OF THE WEBSITE OR ANY CONTENT OR SERVICES, INCLUDING
ANY PRODUCT INFORMATION DISPLAYED ON THE WEBSITE. RIMOWA DOES NOT ENDORSE
ANY PRODUCTS OR ANY VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT
OR OTHERWISE PROVIDED THROUGH THE WEBSITE. RIMOWA AND ITS SERVICE PROVIDERS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND
WITH REGARD TO THE WEBSITE AND ALL CONTENT AND SERVICES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, COMPLETENESS, ACCURACY, OR
NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIMOWA,
ITS EMPLOYEES, OR SERVICE PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE
ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR ANY CONTENT, SERVICES, OR
PRODUCTS.
RIMOWA AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (a) THE WEBSITE WILL
MEET YOUR REQUIREMENTS FOR NORMAL USE OR FOR YOUR SPECIFIC USE; (b) THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE,
UP TO DATE, OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES
OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (e) THE WEBSITE
WILL NOT INCLUDE ANY TYPOGRAPHICAL, TECHNICAL INACCURACIES OR OTHER ERRORS;
(f) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; (g) THAT THE WEBSITE IS
FREE FROM VIRUSES, DATA OVERWRITING PROGRAMS, TROJAN HORSES, MALICIOUS
CODE, OR OTHER DESTRUCTIVE CONTENT. ANY CONTENT OR SERVICES OBTAINED
THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK
AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS
LIMITATION OF RESPONSIBILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY
LAW.
14.
INDEMNITY
. You hereby agree to indemnify, defend, and hold harmless RIMOWA and its
officers, directors, shareholders, affiliates, employees, agents, service
providers, contractors, assigns, users, customers, providers, licensees,
and successors in interest ("Indemnified Parties") from
any and all claims, losses, liabilities, damages, fees, expenses and costs
(including attorneys’ fees, court costs, damage awards, and settlement
amounts) that result from any claim or allegation (“Claim
”) against any Indemnified Party arising in any manner from: (1) your
access to or use of the Website or any Content or Services; (2) your
collection and disclosure of any Content or Services, (3) your violation of
applicable Laws; and (4) your breach of any provision of this Agreement.
RIMOWA will use reasonable efforts to provide you with notice of any such
claim or allegation, and RIMOWA will have the right to participate in the
defense of any such claim at its expense.
15.
LIMITATION ON LIABILITY
. RIMOWA AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED,
UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT
OF THE ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF
RIMOWA OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT,
OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR
PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. RIMOWA’S TOTAL
CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND ALL
CONTENT AND SERVICES, OR ANY PRODUCTS PROVIDED UNDER THIS AGREEMENT OR
THROUGH THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT
EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID BY YOU RESULTING FROM ANY
ORDERS MADE IN THE MONTH IMMEDIATELY PRECEDING THE ACT GIVING RISE TO SUCH
LIABILITY. YOU AGREE THAT RIMOWA WOULD NOT ENTER INTO THIS AGREEMENT
WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT
PERMITTED, RIMOWA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
16.
Data Privacy
. You agree to comply with the Privacy Policy
[OC2]
posted on the Website (the “Privacy Policy”). You
expressly consent to the use and disclosure of your personally identifiable
information and other data and information as described in the Privacy
Policy. Notwithstanding anything in the Privacy Policy, RIMOWA will have
the right to collect, extract, compile, synthesize, and analyze
non-personally identifiable data or information (data or information that
does not identify an entity or natural person as the source thereof)
resulting from your access to and use of the Website or any Services or
Content. To the extent any such non-personally identifiable data or
information is collected or generated by RIMOWA, the data and information
will be solely owned by RIMOWA and may be used by RIMOWA for any lawful
business purpose without a duty of accounting to you, provided that the
data and information is used only in an aggregated form, without directly
identifying you or any other entity or natural person as the source
thereof.
17.
Feedback
. If you provide RIMOWA any feedback or suggestions regarding the Website
or any Content or Services (“Feedback”), you herby assign
to RIMOWA all rights in the Feedback and agree that RIMOWA shall have the
right to use such Feedback and related information in any manner it deems
appropriate without a duty of accounting to you. RIMOWA will treat any
Feedback you provide to RIMOWA as non-confidential and non-proprietary. You
agree that you will not submit to RIMOWA any information or ideas that you
consider to be confidential or proprietary.
18.
DISPUTES
. Any disputes which may arise under this Agreement concerning their
validity, interpretation, performance, termination and various consequences
will be brought before the German courts for adjudication. If any provision
of this Agreement is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain in full force
and effect. No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term, and our
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision. To the extent permitted by
applicable Laws, you agree that any cause of action arising out of or
related to the Website must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred.
19.
NOTICES
. Unless otherwise specified in this Agreement, any notices required or
allowed under this Agreement will be provided to RIMOWA by postal mail to
the address for RIMOWA listed on the Website. RIMOWA may provide you with
any notices required or allowed under this Agreement by sending you an
email to any email address you provide to RIMOWA, provided that in the case
of any notice applicable both to you and other Users of the Website, RIMOWA
may instead provide such notice by posting on the Website. Notices provided
to RIMOWA will be deemed given when actually received by RIMOWA. Notice
provided to you will be deemed given 24 hours after posting to the Website
or sending via e-mail, unless (as to e-mail) the sending party is notified
that the e-mail address is invalid.
20.
INTERNATIONAL ACCESS
. The Website may be accessed from countries other than the United States.
The Website may contain Products or references to Products that are not
available outside of the United States. Any such references do not imply
that such products will be made available outside the United States. If you
access and use this Website outside the United States you are responsible
for complying with your local Laws in addition to any requirements outlined
in this Agreement. Recognizing the global nature of the Internet, you shall
abide by all local and international rules and procedures relating to
online behavior and acceptable content, including all applicable Laws
regarding the transmission of technical data.
21.
ADDITIONAL TERMS
. Unless otherwise amended, this Agreement will exclusively govern your
access to and use of the Website or any Content or Services, and is the
complete and exclusive understanding and agreement between the parties, and
supersedes any oral or written proposal, agreement or other communication
between the parties, regarding your access to and use of the Website or any
Content or Services. Except as expressly set forth in this Agreement, this
Agreement may be amended or modified only by a writing signed by both
parties. You agree as it relates to our remedy at law for any actual or
threatened breach of this Agreement that RIMOWA shall be entitled to
specific performance or injunctive relieve, or both, in addition to any
damages that we may be legally entitled to recover. No right or remedy
shall be exclusive of any other, whether at law or in equity. All waivers
by RIMOWA under this Agreement must be in writing or later acknowledged by
RIMOWA in writing. Any waiver or failure by RIMOWA to enforce any provision
of this Agreement on one occasion will not be deemed a waiver by RIMOWA of
any other provision or of such provision on any other occasion. If any
provision of this Agreement is held to be unenforceable, that provision
will be removed to the extent necessary to comply with the law, replaced by
a provision that most closely approximates the original intent and economic
effect of the original to the extent consistent with the law, and the
remaining provisions will remain in full force. The prevailing party in any
lawsuit or proceeding arising from or related to this Agreement will be
entitled to receive its costs, expert witness fees and reasonable
attorneys’ fees, including costs and fees on appeal. You agree that each of
RIMOWA’s service providers shall be considered a third party beneficiary of
the above provisions, with all rights to enforce such provisions as if a
service provider were a party to this Agreement. Neither this Agreement nor
any rights or obligations of you hereunder may be assigned or transferred
by you (in whole or in part and including by sale, merger, consolidation,
or other operation of law) without the prior written approval of RIMOWA.
Any assignment in violation of the foregoing will be null and void. RIMOWA
may assign this Agreement to any party that assumes RIMOWA’s obligations
hereunder. The parties hereto are independent parties, not agents,
employees or employers of the other or joint venturers, and neither
acquires hereunder any right or ability to bind or enter into any
obligation on behalf of the other. Any reference herein to "including" will
mean "including, without limitation." In the event of any inconsistency
between the provisions of the French version of the Agreement, Privacy
Policy, the Terms of Sale, or those provided in another language, the
French version shall prevail.
22.
IMPORTANT NOTICE TO NEW JERSEY CONSUMERS
. If you are a consumer residing in New Jersey, the following provisions of
this Agreement do not apply to you (and do not limit any rights that you
may have) to the extent that they are unenforceable under New Jersey law:
(a) in Section 16, the disclaimer of liability for any indirect,
incidental, consequential, special, exemplary or punitive damages of any
kind (for example, to the extent unenforceable under the New Jersey
Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform
Commercial Code and New Jersey Consumer Fraud Act); (b) in Section 16, the
limitation on liability for lost profits or loss or misuse of any data (for
example, to the extent unenforceable under the New Jersey Identity Theft
Protection Act and New Jersey Consumer Fraud Act); (c) in Section 16,
application of the limitations of liability to the recovery of damages that
arise under contract and tort, including negligence, strict liability or
any other theory (for example, to the extent such damages are recoverable
by a consumer under New Jersey law, including the New Jersey Products
Liability Act); (d) in Section 15, the requirement that you indemnify
RIMOWA (for example, to the extent the scope of such indemnity is
prohibited under New Jersey law); and (e) in Section 20, the disputes
provision (for example, to the extent that your rights as a consumer
residing in New Jersey are required to be governed by New Jersey law).
23.
CONTACT US
. If you have any questions or to request further information, you can
contact customer service at RIMOWA Distribution Inc., 2200 W 32nd Street, Box 619024, DFW Airport, TX 75261, +1 972 691 0099, info-na@rimowa.com during the
customer service business hours indicated in the Website’s “Contact Us”
section.