General Sales Conditions

The following conditions apply to all sales and deliveries, unless otherwise agreed upon in writing. Conditions stipulated by customers are valid only if we have agreed to them in writing. Offers are subject to confirmation. A contractual agreement comes into existence only after we have confirmed an order in writing, or once delivery has been effected. With regard to illustrations and descriptions in our brochures, price lists and catalogues, we reserve the right to make alterations in construction, design, wood grain and shades of color as long as the object in question is not substantially changed or improved and said change is deemed acceptable for the client. Delivery times are based on individual agreements. We reserve the right to partial deliveries. A separate invoice can be issued for each partial delivery. On call orders must be placed at least four weeks before the desired date of delivery. Force majeure, production disruptions, strikes and other hindrances that we are not responsible for either at our place of business or that of our suppliers exempt us from the obligation to make delivery for the duration of the disturbance, or its consequences. Goods will be dispatched at our discretion. Deliveries are made at the cost of the customer ex works Weil am Rhein, Germany. As soon as goods have been turned over, either to the transport company or to the client, the risk of accidental destruction or deterioration becomes the responsibility of the client. Should a client be unable to take immediate charge of goods which are ready for dispatch, we will store them at the client's costs. The charge for storage is 1% of the amount invoiced per month. The storage charge can be increased or decreased if higher or lower expenditures can be proven either by us or by the client. Unless otherwise stated, prices include packaging and sales tax. In the case of a price change when the period of time between the contract being signed and delivery exceeds six weeks, the valid price will be the listed price on the day of delivery. Payment will be considered effected only from the moment at which we can freely dispose of the funds at a bank. Checks will be accepted only for the payment of goods. If there is a delay of more than one week in payment or should we become aware of reasons to doubt the ability of a customer to pay, we are entitled to revoke all periods for payment, to withdraw from those parts of the contract not yet fulfilled and to make processing of all orders placed by the client dependent on a deposit or the furnishing of collateral. The client may only challenge our demands with undisputed or legally binding counter-claims. We maintain the right of ownership of goods supplied by us until the client has met all demands and claims resulting from his business relationship with us. In connection with other goods, we acquire joint ownership of the additional goods in proportion to the amount of the invoice which corresponds to the goods with reserved proprietary rights.
As a safeguard, the client relinquishes his right to the resale of goods with reserved proprietary rights to us in advance. As long as the client fulfills his obligations to us, he may dispose of goods with reserved proprietary rights in a normal business fashion and collect assigned claims himself. Clients may transfer ownership as security, pledge goods or assign claims only with our written permission. We must be immediately notified if third parties have access to goods with reserved proprietary rights.
In the case of breach of contract on the part of the client, in particular when caused by delayed payment, the customer is obliged to return good with reserved proprietary rights to us upon our request or to provide us with information about any assigned claims and furnish us with all necessary documentation for the collection of assigned claims. The retraction of reserved proprietary rights does not amount to annulment of the contract. If the value of the security for our claims surpasses 10%, we will release securities of our choice if the client so desires. End consumers have a cancellation right at the time of delivery. In accordance with the German Fernabsatzgesetz (Telesales Statute) consumers have the right to retract their order without reason within two weeks after receipt of the goods. The cancellation can be in writing or the goods can simply be returned. It is sufficient to dispatch the goods to Vitra Design Museum GmbH, Charles-Eames-Strasse 2, 79576 Weil am Rhein, Germany within the two week period.
When canceling an order, the consumer is responsible for the return postage when the value of the ordered goods does not exceed € 40. If the value of the ordered goods exceeds € 40, the return postage is paid by us. There is no right of revocation in the case of books, magazines and CD-ROMs on which the packaging seals have been broken. Goods manufactured to customer specifications are likewise exempt from the right of revocation.
Deliveries to merchants are governed by the German Commercial Code (HGB). Material defects to goods delivered by us are covered by guarantee. Our guarantees are in accordance with legal requirements, with the proviso that clients are entitled to repair of the goods covered by the guarantee. At our discretion we will either repair, or exchange, defective parts. If the repair work is not successful, the client has the right to cancel the contract or request a reduction in price. Good are under guarantee for a period of two years, commencing with the transfer of risk. If goods are repaired while under guarantee, the guarantee is not renewed or extended. Liability under the terms of the German Product Liability Act is not affected. We are not liable for damage caused during transportation. Such damage should be reported to the transportation company in writing after receipt of the goods. Missing goods must be confirmed by the transportation company in writing. Should the client cancel his contract or fails to fulfill said contract, we are entitled to claim 30% of the contract amount in compensation. Compensation may be higher or lower if we are able to prove greater, or the client lower damages. Vitra Design Museum GmbH is obliged to adhere to the stipulations of the German Data Protection Act (Bundesdatenschutzgesetz). Client data is used exclusively within the company and is under no circumstances made available to third parties. The place of fulfillment for deliveries and payments is Weil am Rhein, Germany. The court of jurisdiction for contracts with merchants and legal entities according to public law is Lörrach. Furthermore, we have the right to initiate legal proceedings against customers in their place of residence. German law is applicable, without the possibility of recourse to the UN Convention on the International Sale of Goods (CISG).