GENERAL TERMS AND CONDITIONS OF BUSINESS TO CONSUMERS

for RIMOWA online orders

Version 2024

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 at 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 rimowa.com/fr ("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 by ticking the box provided  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 the payment via an external payment provider such as PayPal, Klarna or ApplePay as stated in Clause 3.2, the Agreement shall be deemed to have been concluded at the time you confirm the payment instructions according to the payment conditions of the selected payment provider.

1.3. The products shown on the Website may only be purchased in standard household quantities (maximum five pieces per sku per order).

1.4. You will be informed at the time of ordering, either by customer service or on the information page of the Website describing each product: 

• of the availability of the product ;
• or, in the event of temporary unavailability of the product, of the possibility of ordering it for delivery at a later date within the time limits specified at that time. 

If, despite the vigilance of RIMOWA, the products ordered are no longer available, RIMOWA will inform you by any means (phone call or email) as soon as possible. RIMOWA will not be liable in case of unavailability of a product on the Website. RIMOWA reserves the right to change at any time and without notice the products offered on the Website.

1.5. The languages available for orders in France are French and English.

1.6. If you are a French consumer, the Website shall be available in the French language and the Agreement can be concluded in the French language.

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 under “My account” or “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. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.

1.7. You are entitled to withdraw from the Agreement in accordance with Clause 7.

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 cold calling opposition list: bloctel.gouv.fr.

2.4. Further information on the handling of your personal data is set out in our Privacy Policy. 

3.1. All prices for products displayed on the Website include statutory VAT.

3.2. The following payment methods are available: your credit card, PayPal, Klarna, ApplePay.

Please note that some specific process might apply depending on the payment method you decide to use, for example:

• Credit card (MasterCard, VISA, American Express): Your credit card will be charged upon acceptance of your order according to Clause 1.2.
• 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 if this constitutes the acceptance of your order or, otherwise, to the Dispatch Confirmation.

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. 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 withdrawal 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 withdrawal according to Clause 7 and return the products you have purchased via our Website as a result of the withdrawal, we will bear the direct return shipping costs.

4.1. Any date of dispatch communicated by us shall be approximate and may deviate by 2 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. Products can only be delivered to addresses in mainland France and Monaco. If you wish to order a product and have it delivered to a country other than metropolitan France or Monaco, you must visit the Website of the corresponding country. Please note that products ordered on the Website are not available for collection by you in-store and that we do not deliver to French lock boxes.

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.

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.

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.

6.1. 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.

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: clientcare.france@rimowa.com or by calling +33 1 85 14 97 30. Your claims shall naturally remain unaffected.

6.3. Special provisions for defects in second-hand products (RECRAFTED Products):

As second-hand products are one-off items, it may not be possible to deliver another similar product free of defects. In such a case, your legal right may be limited to removing the defect (e.g. by repair).

7.1. You have a right of withdrawal from the Agreement subject to the following provisions. 

7.2. Right to withdraw

You have the right to withdraw from the Agreement within 14 calendar days without giving any reason. 

The withdrawal period will expire after 14 calendar 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 withdraw, you must inform RIMOWA at the address specified in the Dispatch Confirmation of your decision to withdraw from the Agreement by an unequivocal statement (e.g., by a letter sent by post). You may use the model withdrawal form as follows, but it is not mandatory:

You can also electronically fill in and submit the model withdrawal 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 withdrawal on a durable medium (e.g., by email) without delay. 

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right to withdraw before the withdrawal period has expired.

7.3. Effects of withdrawal

If you withdraw from 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 withdraw from 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 withdrawal from 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.

8.1. Without prejudice to your legal right of withdrawal (see Clause 7), we grant you a 30-day right of return. This right of return allows you to ask for a full reimbursement or exchange after the expiry of the legal 14-day withdrawal period by returning the relevant product to us within 30 days of having received it, provided the product is complete, unused and undamaged. The period for exercising this right of return runs from the date of receipt of the said product or, in the case of multiple products in one order delivered separately, the last product. Otherwise, this right of return is subject to the same conditions as the legal right of withdrawal, as described in Clause 7 above.

8.2. In order to initiate a return, you can:

• Create a new Customer Account or log in to your existing Customer Account to process your returns online.
• Call our customer service team (+33 1 85 14 97 30) and provide our associate with your order number. You will then be provided with a free return shipping label.
• Email our customer service team at contact@rimowa.com and be sure to include your order number.

We can only accept return shipments from the same country to which the products were delivered. For instance, if your order was shipped to France, any returned product must be shipped back from France.

8.3. Exception to the right of return: Personalized luggage tags on which text and/or symbols selected by you have been embossed are excluded from the right of return.

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 contact@rimowa.com.

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 - 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: 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.