Online Shop General Terms and Conditions

Vitra International AG, Birsfelden, Switzerland
Date of last revision: June, 2017

1. Scope

All business relationships between us, Vitra International AG, Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland (hereinafter referred to as “Vitra”), and customers residing in Switzerland who use Vitra’s Internet offerings including, but not limited to, Vitra’s online shop shall be subject exclusively to the General Terms and Conditions set forth below in the version applicable at the time of ordering, unless agreed upon otherwise in writing. The customer’s general terms and conditions shall apply only if approved by Vitra in writing.


2. Offerings and Formation of Purchase Agreement

The presentation of products in Vitra’s online shop shall not constitute a legally binding offer, but rather a non-binding invitation to place an order. Errors in the presentation shall be reserved. The right to customary deviations from the images and descriptions in Vitra’s brochures, price lists and catalogs and to deviations that result from legal regulations or constitute technical improvements and the right to replace parts with equivalent parts so far as they do not compromise the usability of the respective product for the contractually agreed-upon purpose shall be reserved.

The customer can move products to the virtual shopping cart with a click of the mouse. All products selected will be shown in the virtual shopping cart to enable the customer to review his/her order. By clicking the Submit Order button, the customer submits a binding offer for the formation of a purchase agreement regarding the products previously moved to the virtual shopping cart. The customer shall be bound by said offer for the duration of the period indicated in the product description. The customer’s order shall be forwarded to Vitra and the customer shall receive an electronic order confirmation by e-mail without undue delay. Vitra expressly points out that an order confirmation does not constitute acceptance of the respective order; an agreement between the customer and Vitra shall not be concluded until Vitra has sent an order confirmation by e-mail or has delivered the product(s) to the customer.


3. Product Availability and Delivery

In the online shop, the customer can see which products are available for immediate shipping, temporarily unavailable, or made-to-order. All products shall be subject to the delivery deadline indicated in the relevant product description.

Delivery shall be made to the delivery address provided by the customer. Such delivery address may deviate from the billing address. Where the customer has not provided a delivery address, delivery shall be made to the billing address.

Vitra shall have the right to make partial deliveries if and when such partial delivery
- is useful to the customer under consideration of the contractually agreed-upon purpose intended, and
- does not entail any material additional effort or additional costs for the customer.


4. Transfer of Risk

If the customer is a consumer, the shipping risks shall be assumed by Vitra irrespective of the shipping method. If the customer is a businessperson, risk shall pass to the customer as soon as Vitra has handed over the products to the contracted forwarder or carrier or other delivery company appointed to execute the shipment.


5. Pricing and Shipment Costs

All prices in Vitra’s online shop are in Swiss francs and include packaging and statutory VAT. Delivery from Weil am Rhein to the customer shall be at the customer’s expense.

Shipment costs as set forth in Vitra’s terms of shipment shall be borne by the customer.


6. Payment

The purchase price shall become payable immediately upon placement of the order. The customer can pay by credit card, Postfinance, over PayPal, or cash before delivery. Credit cards shall be accepted as conditional payment. Vitra accepts American Express, VISA and Mastercard credit cards. If the customer opts to pay cash before delivery, Vitra’s bank information shall be provided to the customer on Vitra’s invoice.

If the customer chooses to pay by invoice, the purchase price is due for payment 14 days after dispatch of the invoice. If the customer does not pay by this date at the latest, he shall be in default without a separate reminder. Payment is processed by RatePAY GmbH, Schlüterstraße 39,10629 Berlin. We hereby assign our purchase price claim against the customer to RatePAY GmbH. The customer is expressly referred to the supplementary General Terms and Conditions of RatePAY GmbH at the end of these General Terms and Conditions.

If the customer is an entrepreneur, value added tax will not be charged if he/she indicates his/her VAT ID when placing the order.


7. Retention of Title

Vitra reserves title of ownership in the products delivered by Vitra until the customer has paid the purchase price and, where applicable, the shipment costs in full.


8. Right of Revocation

Consumers who enter into a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activity shall have the right of revocation as set forth below.




Instructions Regarding the Right of Revocation

Right of Revocation
You have the right to revoke this agreement within 14 days without being required to give any reasons. Said 14-day revocation period shall commence on the date on which you or a third party appointed by you other than the carrier acquired possession of the last part of the delivery.

To exercise your right of revocation, please mail, fax or e-mail a conclusive declaration stating your decision to revoke this purchase agreement to Vitra International AG; Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland (store@vitra.com, phone+41 61 377 19 19; fax: +49-7621-702-4700). You may, but are not required to, use Vitra’s revocation form attached hereto. To comply with Vitra’s terms of revocation, you must send your declaration regarding your decision to exercise your right of revocation before the revocation period expires.

Consequences
If you revoke this agreement, Vitra shall reimburse you for all payments received from you including delivery costs (except additional costs incurred if you selected a delivery method other than the most economical standard method offered by Vitra) without undue delay and in any event no later than 14 days after the date on which Vitra received your declaration of revocation of this agreement. For such reimbursement, Vitra shall use the same payment method you used for paying for the product(s), unless otherwise expressly agreed with you in writing. In no case shall Vitra charge you any amounts for such reimbursement. Vitra shall have the right to withhold reimbursement until the earlier of the receipt of the product(s) by Vitra or the provision of proof by you that you returned the product(s).

You undertake to return by post or in person the product(s) to Vitra without undue delay and in any event no later than 14 days after the date on which you informed Vitra of your revocation of this agreement. You shall be deemed to have complied with such period if and when you send the product(s) before the expiry of the 14-day period. Vitra shall bear the costs for the return shipment of the product(s). You will be liable to pay for any loss in value of the product(s) if and when such loss in value is attributable to your handling of the product(s) in a way that is not necessary in order to inspect the quality, features and/or functionality of the product(s).


Special Notes
The right of revocation shall not apply to agreements regarding delivery of products which have been produced according to a customer’s specifications or have been customized unambiguously to a customer’s personal requirements.

Download: Revocation Form Template




9. Warranty

Vitra’s liability for defects in materials shall be subject to the applicable legal regulations.


10. Dispute Resolution

Information regarding alternative resolution of disputes in consumer matters:
Vitra is not willing or obligated to participate in any dispute resolution before a consumer protection entity.

Information regarding online dispute resolution:
The EU Commission has established the Online Dispute Resolution (ODR) Platform as a point of contact for extrajudicial resolution of disputes regarding contractual obligations arising from online purchase agreements. The ODR Platform is accessible at http://ec.europa.eu/consumers/odr/.


11. Changes to these General Terms and Conditions

Vitra reserves the right to change these General Terms and Conditions at any time under consideration of a reasonable period of notice. Vitra undertakes to publish any and all changes on its website at vitra.com.


12. Final Provisions

The laws of Switzerland shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction shall be the location of Vitra’s registered offices if the customer is a businessperson, publicly owned corporation, or public-law entity with special public funding. However, Vitra reserves the right to sue the customer at the location of the customer’s registered offices.


Additional General Terms and Conditions and Data Protection Notice of RatePAY GmbH

In order to be able to offer you attractive payment methods, we cooperate with RatePAY GmbH, Schlüterstraße 39, 10629 Berlin (hereinafter referred to as "RatePAY"). If an effective purchase contract between you and us is concluded when using a payment method of RatePAY, we will assign our payment claim to RatePAY. If you use the installment payment method RatePAY, we assign our payment claim to the partner bank of RatePAY GmbH. If you choose one of the payment methods offered here, you consent to the transfer of your personal data and that of the order to RatePAY GmbH for the purpose of identity and creditworthiness checks, as well as for the execution of the contract. For full details, see the Additional Terms and Conditions and the RatePAY Payment Method Privacy Notice, which form part of these Terms and Conditions and are applicable whenever you choose to pay by instalment.