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Vitra Online Shop – General Terms and Conditions
Version: 28 July 2022
1. Scope of Application
For the business relations between us, Vitra International AG, Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland (REP : FR027082_10WEFH), and purchasers –irrespective of whether they are consumers or entrepreneurs– who use our internet services and in particular our online shop ("Customer(s)"), the following General Terms and Conditions shall exclusively apply in the version valid at the time of ordering, unless otherwise agreed in writing. Any terms and conditions of the Customer shall only apply if we agree to them in writing.
2. Offer and Conclusion of Contract
The presentation of the goods in our online shop does not constitute a legally binding offer, but a non-binding invitation to order; errors in the presentation remain reserved. Compared to the illustrations and descriptions in our brochures, price lists and catalogs, we reserve the right to make deviations that are customary in commerce and deviations that occur due to legal regulations or constitute technical improvements, as well as the replacement of components with equivalent parts, insofar as they do not impair the usability for the contractually intended purpose.
The Customer can move goods into the virtual shopping cart by a "mouse click". There, the Customer has the option to view the selected goods and thus to check the order. By clicking the “buy now” button, the Customer submits a binding offer to conclude a purchase contract for the goods selected in the virtual shopping cart. However, the offer can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions by placing a check mark in the "With your order you agree to our terms and conditions" checkbox and has thereby included those terms in the offer. The order will be forwarded to us and the Customer will immediately receive an electronic confirmation of the order by e-mail. Please note that this order confirmation does not constitute acceptance of the order. Contracts are only concluded by our subsequent order confirmation by e-mail or by delivery of the goods to the Customer.
The content of the contract based on these General Terms and Conditions will be saved electronically by us after the conclusion of the contract and sent to the Customer by e-mail. The Customer can also retrieve and save these General Terms and Conditions before submitting the order via a link in the online shop as well as via a link in the confirmation of the receipt of the order.
3. Availability of Goods and Delivery
The Customer can see in the online shop which goods are immediately available, which goods are only temporarily unavailable and which goods are "made-to-order" goods (i.e. goods that are only manufactured after the order of the Customer and confirmation of the order by us). Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except in the case of purchase on account or installment purchase). For all goods, the delivery time stated in the product description shall apply.
If goods are temporarily not available at the time of the Customer's order, we will inform the Customer immediately in our order confirmation. If the product is permanently not available, we will refrain from confirming the order. In this case, no contract is concluded.
The delivery will be made to the delivery address provided by the Customer. The delivery address may differ from the billing address. If no delivery address is given, delivery will be made to the billing address.
Existing delivery restrictions can be found in our shipping conditions.
We are entitled to make partial deliveries if
- such partial delivery is acceptable for the Customer and
- this does not cause any additional costs for the Customer.
4. Prices and Shipping Costs
The prices in our online shop are stated in euros and include packaging and the applicable value-added tax. The delivery of the goods from Weil am Rhein is at the expense of the Customer. Please consult our shipping conditions for details.
The applicable shipping costs according to our shipping conditions are to be borne by the Customer. The price including VAT and applicable shipping costs will be displayed in the order form before the Customer submits the order.
If we fulfill the order by partial deliveries according to Clause 3, shipping costs are only charged to the Customer for the first partial delivery. If the partial deliveries are made at the request of the Customer, we will charge shipping costs for each partial delivery.
If the Customer effectively withdraws the order in accordance with Clause 7, the Customer may, subject to the statutory requirements, demand reimbursement of any costs already paid for shipping to the Customer (delivery costs) (see Clause 7 below for other consequences of withdrawal).
5. Payment, Set-Off, Right of Retention
Subject to the provisions below applying to purchase on account and installment purchase, the purchase price is due immediately upon conclusion of the contract. The payment methods available to the Customer are stated in our terms of payment.
The Customer is not entitled to offset against our claims, unless the Customer’s counterclaims are legally established or undisputed. The Customer is also entitled to offset against our claims if he/she asserts notices of defects or counterclaims from the same contractual relationship.
The Customer may only exercise a right of retention if his/her counterclaim arises from the same contractual relationship.
6. Reservation of Title
We reserve title to the goods delivered by us until the Customer has paid the purchase price and the shipping costs, if any, in full.
7. Right of Withdrawal
Consumers who conclude a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their self-employed professional activity, have a statutory right of withdrawal as follows.
For the business relations between us, Vitra International AG, Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland (REP : FR027082_10WEFH), and purchasers –irrespective of whether they are consumers or entrepreneurs– who use our internet services and in particular our online shop ("Customer(s)"), the following General Terms and Conditions shall exclusively apply in the version valid at the time of ordering, unless otherwise agreed in writing. Any terms and conditions of the Customer shall only apply if we agree to them in writing.
2. Offer and Conclusion of Contract
The presentation of the goods in our online shop does not constitute a legally binding offer, but a non-binding invitation to order; errors in the presentation remain reserved. Compared to the illustrations and descriptions in our brochures, price lists and catalogs, we reserve the right to make deviations that are customary in commerce and deviations that occur due to legal regulations or constitute technical improvements, as well as the replacement of components with equivalent parts, insofar as they do not impair the usability for the contractually intended purpose.
The Customer can move goods into the virtual shopping cart by a "mouse click". There, the Customer has the option to view the selected goods and thus to check the order. By clicking the “buy now” button, the Customer submits a binding offer to conclude a purchase contract for the goods selected in the virtual shopping cart. However, the offer can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions by placing a check mark in the "With your order you agree to our terms and conditions" checkbox and has thereby included those terms in the offer. The order will be forwarded to us and the Customer will immediately receive an electronic confirmation of the order by e-mail. Please note that this order confirmation does not constitute acceptance of the order. Contracts are only concluded by our subsequent order confirmation by e-mail or by delivery of the goods to the Customer.
The content of the contract based on these General Terms and Conditions will be saved electronically by us after the conclusion of the contract and sent to the Customer by e-mail. The Customer can also retrieve and save these General Terms and Conditions before submitting the order via a link in the online shop as well as via a link in the confirmation of the receipt of the order.
3. Availability of Goods and Delivery
The Customer can see in the online shop which goods are immediately available, which goods are only temporarily unavailable and which goods are "made-to-order" goods (i.e. goods that are only manufactured after the order of the Customer and confirmation of the order by us). Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except in the case of purchase on account or installment purchase). For all goods, the delivery time stated in the product description shall apply.
If goods are temporarily not available at the time of the Customer's order, we will inform the Customer immediately in our order confirmation. If the product is permanently not available, we will refrain from confirming the order. In this case, no contract is concluded.
The delivery will be made to the delivery address provided by the Customer. The delivery address may differ from the billing address. If no delivery address is given, delivery will be made to the billing address.
Existing delivery restrictions can be found in our shipping conditions.
We are entitled to make partial deliveries if
- such partial delivery is acceptable for the Customer and
- this does not cause any additional costs for the Customer.
4. Prices and Shipping Costs
The prices in our online shop are stated in euros and include packaging and the applicable value-added tax. The delivery of the goods from Weil am Rhein is at the expense of the Customer. Please consult our shipping conditions for details.
The applicable shipping costs according to our shipping conditions are to be borne by the Customer. The price including VAT and applicable shipping costs will be displayed in the order form before the Customer submits the order.
If we fulfill the order by partial deliveries according to Clause 3, shipping costs are only charged to the Customer for the first partial delivery. If the partial deliveries are made at the request of the Customer, we will charge shipping costs for each partial delivery.
If the Customer effectively withdraws the order in accordance with Clause 7, the Customer may, subject to the statutory requirements, demand reimbursement of any costs already paid for shipping to the Customer (delivery costs) (see Clause 7 below for other consequences of withdrawal).
5. Payment, Set-Off, Right of Retention
Subject to the provisions below applying to purchase on account and installment purchase, the purchase price is due immediately upon conclusion of the contract. The payment methods available to the Customer are stated in our terms of payment.
The Customer is not entitled to offset against our claims, unless the Customer’s counterclaims are legally established or undisputed. The Customer is also entitled to offset against our claims if he/she asserts notices of defects or counterclaims from the same contractual relationship.
The Customer may only exercise a right of retention if his/her counterclaim arises from the same contractual relationship.
6. Reservation of Title
We reserve title to the goods delivered by us until the Customer has paid the purchase price and the shipping costs, if any, in full.
7. Right of Withdrawal
Consumers who conclude a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their self-employed professional activity, have a statutory right of withdrawal as follows.
INFORMATION ON THE RIGHT OF WITHDRAWAL
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal 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 acquires, physical possession of the (last) good.
To exercise the right of withdrawal, you must inform us (Vitra International AG; postal address: Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland; e-mail address: [email protected]; phone: +49-7621-5930-230; fax: +49-7621-702-4700) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods that can be sent by parcel post. You will also have to bear the direct costs of returning goods that cannot be sent by parcel post. The costs are estimated at a maximum of approximately EUR 150.00. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
END OF INFORMATION ON THE RIGHT OF WITHDRAWAL
Special Notes
The Right of Withdrawal does not apply to contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice or decision by the Customer, or that are clearly tailored to personal needs of the Customer.
Download: Sample withdrawal form
8. Warranty
Subject to Clause 9, we shall be liable for defects of quality or title of delivered items in accordance with the statutory provisions.
Any manufacturer's warranty granted by us for certain goods in accordance with Clause 10 shall be in addition to the statutory claims for defects of quality or title.
9. Liability
We shall be liable for any culpable breach of material contractual obligations in accordance with the statutory provisions. Material contractual obligations are obligations, the performance of which characterize the contract are necessary for the proper performance of the contract and on the observance of which the Customer can regularly rely. To the extent that we are not responsible for gross negligence or intentional conduct, we shall, however, only be liable for the typically occurring, foreseeable damage.
In all other cases, we shall be liable if damage has been caused by us or by one of our vicarious agents intentionally or through gross negligence. In the event of the assumption of a guarantee and for damages arising from injury to life, body or health, we shall be liable in accordance with the statutory provisions. Otherwise, claims for damages arising from breaches of duty against us are excluded.
Mandatory claims under product liability law remain unaffected.
10. Vitra Manufacturer Warranty
We grant quality guarantees to our customers for certain product groups. The prerequisite for making a claim under our manufacturer warranty is the prior registration of the respective purchased and guaranteed good within three months after the date of purchase at www.vitra.com/warranty. Under the aforementioned link, the contents of the respective warranty and further conditions for making a claim under it can be accessed.
11. Copyrights
We or our partners have copyrights to all pictures, films and texts published in our online shop. A use of the pictures, films and texts is not permitted without our express consent.
12. Dispute Resolution
Information on alternative dispute resolution in consumer matters:
We are committed to resolving any disagreements arising from a contract amicably. Beyond that, we are not willing or obligated to participate in a dispute resolution procedure before a consumer arbitration board.
Information on online dispute resolution:
The European Commission provides for a platform for online dispute resolution (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr.
13. Data Privacy
We collect, process or use personal data only within the framework of data protection regulations. Details can be found in our data protection declaration, which is available at www.vitra.com/privacy and can also be requested from us at any time.
14. Final Provisions
Swiss law shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In dealings with consumers domiciled within the European Union, the law of the consumer's domicile may also be applicable if and to the extent that mandatory consumer law provisions are concerned.
If the private consumer does not have a place of residence within the European Union or if the Customer is a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction. However, we shall also have the right to sue the Customer at the Customer's place of business.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal 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 acquires, physical possession of the (last) good.
To exercise the right of withdrawal, you must inform us (Vitra International AG; postal address: Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland; e-mail address: [email protected]; phone: +49-7621-5930-230; fax: +49-7621-702-4700) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods that can be sent by parcel post. You will also have to bear the direct costs of returning goods that cannot be sent by parcel post. The costs are estimated at a maximum of approximately EUR 150.00. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
END OF INFORMATION ON THE RIGHT OF WITHDRAWAL
Special Notes
The Right of Withdrawal does not apply to contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice or decision by the Customer, or that are clearly tailored to personal needs of the Customer.
Download: Sample withdrawal form
8. Warranty
Subject to Clause 9, we shall be liable for defects of quality or title of delivered items in accordance with the statutory provisions.
Any manufacturer's warranty granted by us for certain goods in accordance with Clause 10 shall be in addition to the statutory claims for defects of quality or title.
9. Liability
We shall be liable for any culpable breach of material contractual obligations in accordance with the statutory provisions. Material contractual obligations are obligations, the performance of which characterize the contract are necessary for the proper performance of the contract and on the observance of which the Customer can regularly rely. To the extent that we are not responsible for gross negligence or intentional conduct, we shall, however, only be liable for the typically occurring, foreseeable damage.
In all other cases, we shall be liable if damage has been caused by us or by one of our vicarious agents intentionally or through gross negligence. In the event of the assumption of a guarantee and for damages arising from injury to life, body or health, we shall be liable in accordance with the statutory provisions. Otherwise, claims for damages arising from breaches of duty against us are excluded.
Mandatory claims under product liability law remain unaffected.
10. Vitra Manufacturer Warranty
We grant quality guarantees to our customers for certain product groups. The prerequisite for making a claim under our manufacturer warranty is the prior registration of the respective purchased and guaranteed good within three months after the date of purchase at www.vitra.com/warranty. Under the aforementioned link, the contents of the respective warranty and further conditions for making a claim under it can be accessed.
11. Copyrights
We or our partners have copyrights to all pictures, films and texts published in our online shop. A use of the pictures, films and texts is not permitted without our express consent.
12. Dispute Resolution
Information on alternative dispute resolution in consumer matters:
We are committed to resolving any disagreements arising from a contract amicably. Beyond that, we are not willing or obligated to participate in a dispute resolution procedure before a consumer arbitration board.
Information on online dispute resolution:
The European Commission provides for a platform for online dispute resolution (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr.
13. Data Privacy
We collect, process or use personal data only within the framework of data protection regulations. Details can be found in our data protection declaration, which is available at www.vitra.com/privacy and can also be requested from us at any time.
14. Final Provisions
Swiss law shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In dealings with consumers domiciled within the European Union, the law of the consumer's domicile may also be applicable if and to the extent that mandatory consumer law provisions are concerned.
If the private consumer does not have a place of residence within the European Union or if the Customer is a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction. However, we shall also have the right to sue the Customer at the Customer's place of business.