Terms and Conditions
General Terms of Business for the Online Shop
Vitra Design Museum GmbH, Weil am Rhein
Last update: September 2011
Unless agreed otherwise in writing, the business relations between us, the Vitra Design Museum GmbH, Charles-Eames-Str. 2, D-79576 Weil am Rhein, company register HRB 413163 of the Lörrach Local Court, and buyers / customers who use our internet offering, in particular our online shop, are governed solely by the following General Terms of Business as amended. The customers’ terms of business are valid only to the extent we have agreed in writing to said terms.
2. OFFER / QUOTATION AND CONTRACT CLOSURE
The presentation of the products in our online shop does not constitute a legally binding offer but a non-binding request to order; errors in the presentation are reserved. Regarding the illustrations and descriptions in our brochures, price lists and catalogues, we reserve the right to make commercially customary changes and changes which are made by act of law or which constitute technical improvements, and to replace construction components by equivalent parts, provided that the latter do not impair the usability for the contractually agreed purpose.
By clicking the button “Bestellung ausführen” (place order) the customer sends its binding order for the goods selected and placed in the virtual shopping basket. The order constitutes a binding offer by the customer to enter into a contract for the purchase of goods. The contracts will be effective only by our written confirmation of order (via e-mail, fax, etc.) or by the goods being delivered. The order is accepted on condition that the goods are in stock.
3. AVAILABILITY AND DELIVERY OF THE GOODS
If, at the time of the customer’s order, the product selected by the customer is not available, we will notify the customer of the non-availability in our confirmation of order. If the product is unavailable for longer periods, we will waive a declaration of acceptance and the contract will be null and void.
If the product described by the customer in its order is temporarily unavailable, we will also immediately notify the customer of the temporary unavailability in our confirmation of order. If a delay in delivery exceeding two weeks occurs after contract closure, the customer shall be entitled to withdraw from the contract. In such event, we shall also be entitled to withdraw from the contract and we will immediately repay any payments made by the customer.
Deliveries are made to the delivery address given by the customer. Most articles are delivered ex stock. If an article is not available in stock, the delivery periods specified in the appropriate production description will apply. The delivery period is between 2 and 5 working days after mailing the confirmation of order. For articles not available in stock, separate enquiries are to be made with respect to the delivery period.
We have the right to make partial deliveries if
- the customer is capable of using the partial delivery for the contractually agreed purpose, and
- the customer does thereby not incur substantial extra expenses or additional costs.
4. PASSAGE OF RISK
If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), deliveries are in any case made at our risk, irrespective of the mode of shipment. If the customer is an entrepreneur within the meaning of § 14 BGB, risk passes to the customer as soon as we hand the goods to the forwarder, carrier or any other shipper entrusted with delivering the goods.
If the customer is not prepared to immediately accept goods reported to be ready for shipment, we will place the goods in storage at customer’s expense and claim the appropriate damages. The damage incurred as a result of the storage is 1% of the invoice amount per month, at the most however 5% of the invoice amount for the goods not accepted. We are under the obligation to show evidence of any further loss or damage. Further statutory rights, if any, shall remain in full force and effect. The customer reserves the right to prove that we have incurred no damage or loss whatsoever or only substantially lower losses or damage.
5. PRICES AND SHIPMENT CHARGES
Deliveries are made at customer’s expense ex works (EXW) Weil am Rhein. The prices include packaging and the applicable value added / sales tax.
The appropriate shipping costs as specified in our terms of shipment are to be paid by the customer.
The purchase price is due immediately on the date the order is placed. Payments for the goods are made by credit cards. We accept VISA and MASTERCARD credit cards.
7. RESERVATION OF TITLE
We reserve the title in the goods delivered by us until the customer has paid the purchase price in full.
8. REDEMPTION OF ACTION VOUCHERS
Action vouchers may be redeemed only when ordering from Vitra Design Museum Online Shop at www.design-museum.com. They are not valid in the Vitra Design Museum Shop in Weil am Rhein or in other Vitra sales outlets.
Action vouchers may be redeemed until the date specified on the voucher and will thereafter no longer be valid (“Expiry date”). Vouchers cannot be renewed or prolonged.
If a minimum order value has been given on the voucher, the applicable sales / value added tax is taken into consideration in calculating the minimum order value, excluding, however, the charges for gift wraps, shipment or handling/processing.
Each action voucher may only be used once. Only one action voucher per order may be used. Combining action vouchers from one and the same action or from other actions is not permitted. Action vouchers cannot be paid out in cash or be offset against earlier orders.
If the goods delivered are returned by virtue of a statutory right of revocation or withdrawal, the actually paid, reduced purchase price will be repaid. A claim for reimbursement or for compensation of the action voucher does not exist.
9. RIGHT OF REVOCATION
Consumers within the meaning of § 13 BGB, i.e. natural persons who conclude a legal transaction which can be attributed neither to their commercial nor to their self-employed activities, have a statutory right of revocation as follows.
Instructions on the right of revocation
Right of revocation
You may revoke your contract declaration within 14 days in written form (e.g. by letter, fax, e-mail) without giving reasons or – if you receive the goods before expiry of the period – by returning the goods. The period begins on the date these instructions are received in written form, but not before the goods are received by the addressee (for recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before we comply with our duty of information pursuant to Article 246 § 2 in conjunction with § 1 Section 1 and 2 EGBGB (Introductory Law of the Civil Code) and our duties pursuant to § 312g Section 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely sending of the revocation or of the goods is sufficient to comply with the period of revocation.
The revocation is to be addressed to:
Vitra Design Museum GmbH
Postal address: Charles-Eames-Str. 2, D-79576 Weil am Rhein
E-mail address: email@example.com
Telefax : +49 (0)7621 702 4640
Consequences and implications of a revocation:
In the event of an effective revocation, the payments received by either party must be returned and any benefits (e.g. interest) must be surrendered. If you are unable to reimburse or surrender the service and uses (e.g. advantage of use) in whole or in part or only in a deteriorated condition, you are under the obligation to compensate us for the value. You must compensate us for the value owing to the deterioration and for benefits received only if the use or deterioration is caused by a manner of handling the item which goes beyond inspecting the properties and the mode of function. “Inspecting the properties and the mode of function” is understood to be the testing and trying out the goods in question which, for instance, is usual and permitted in a shop. Goods ready for packaged shipment are to be returned at our risk. You must pay the regular cost of returning the goods if the goods delivered are identical with the goods ordered and if the price of the returned goods does not exceed the sum of 40 Euros or, in the event of a higher price of the goods, you have as yet not provided the appropriate consideration or a contractually agreed partial payment at the time of the revocation. In any other case, returning the goods is free of charge for you. Goods not ready for packaged shipment will be picked up from your domicile. The obligation to reimburse or repay must be fulfilled within 30 days, with said period commencing for you at the date the letter of revocation or the return item is sent, for us on the date we receive the revocation or the return item.
End of the instructions on the right of revocation
We shall be liable for defects in accordance with the statutory provisions in force, in particular under §§ 434 et seq. BGB.
11. FINAL PROVISIONS
The place of performance for deliveries and payments is in Weil am Rhein.
These General Terms of Business are governed by German law excluding the UN Convention on the International Sale of Goods (CISG). In transactions with end consumers within the European Union, the right at the end consumer’s domicile may apply if and to the extent this right includes mandatory provisions under consumer laws.
If the private end consumer is not domiciled within the European Union, or if the customer is a merchant within the meaning of HGB (German Commercial Code), a legal entity under public law or a special asset under public law, our registered place of business is also the place of jurisdictional venue. We shall also be entitled, however, to take action against the customer at the customer’s registered place of business.