Terms and Conditions / Revocation
General Business Terms and Conditions for the Online Shop
Vitra Design Museum GmbH, Weil am Rhein
Last edited: February 2018
All business relationships between us, Vitra Design Museum GmbH, Charles-Eames-Strasse 2, D-79576 Weil am Rhein, local court Freiburg, register no. HRB 413163, customers making use of our Internet offers and, in particular our online shop, shall be exclusively governed by the following General Business Terms and Conditions in the version valid at the time of placing the order, unless anything otherwise is agreed in writing. Business Terms and Conditions of the customer shall only apply if we consent to them in writing.
2. Offer and Conclusion of Contract
The presentation of products in Vitra Design Museum’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 our brochures, price lists and catalogues 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 the Vitra Design Museum and the customer shall receive an electronic order confirmation by e-mail without undue delay. The Vitra Design Museum expressly points out that an order confirmation does not constitute acceptance of the respective order; an agreement between the customer and the Vitra Design Museum shall not be concluded until the Vitra Design Museum has sent an order confirmation by e-mail or has delivered the product(s) to the customer.
3. Product Availability and Delivery
If the product chosen by the customer is out of stock at the time of ordering, we shall notify the customer of this in the order confirmation. If the product is out of stock for a longer duration, we shall refrain from making a statement of acceptance. In this case, no contract is entered into. If the product ordered by the customer is only temporarily unavailable, we shall notify the customer immediately in the order confirmation. If a delivery delay of more than two weeks occurs after the conclusion of the contract, the customer shall be entitled to withdraw from the agreement. Otherwise, we shall also be entitled to withdraw from the contract in this case. Any payments already made in this respect shall be refunded to the customer immediately. Delivery shall take place to the delivery address provided by the customer. Most items are delivered directly from stock. If an item is not available, the delivery times given in the relevant product description shall apply. The delivery time amounts to 2 to 5 working days from the dispatch of the order confirmation. For items which are not available in the warehouse, the delivery time must be requested separately.
We 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 within the meaning of § 13 of the German Civil Code (BGB), we shall bear the shipping risk regardless of the type of shipping. If the customer is an entrepreneur within the meaning of § 14 BGB, the risk shall transfer to the customer as soon as the goods are transferred to the courier, carrier or any other deliverer entrusted with carrying out the delivery. If the customer is not willing to immediately accept goods which have been notified as ready for dispatch, we shall store these at his cost and shall make appropriate compensation claims. The loss occurring as a result of the storage shall amount to 1% of the invoice amount per month, but up to a maximum of 5% of the invoice amount of the goods which have not been accepted. Any further loss must be proven by us. Further legal claims are not affected. The customer reserves the right to provide evidence that no or only considerably less damage occurred.
5. Pricing and Shipment Costs
The Delivery from Weil am Rhein to the customer shall be at the customer’s expense. Prices shall be quoted including packaging and the statutory value-added tax (VAT). The corresponding shipping costs according to our shipping conditions are to be borne by the customer.
The purchase price shall become payable immediately upon placement of the order. The customer can pay by credit card, over PayPal, or cash before delivery. Credit cards shall be accepted as conditional payment. We accept VISA and Mastercard credit cards. If the customer opts to pay cash before delivery, our bank information shall be provided to the customer on our invoice.
7. Retention of Title
The Vitra Design Museum reserves title of ownership in the products delivered by the Vitra Design Museum until the customer has paid the purchase price and, where applicable, the shipment costs in full.
8. Redemption of Vouchers
Vouchers can only be redeemed through an order with the Vitra Design Museums online shop at http://shop.design-museum.de, they are not valid in the Vitra Design Shop in Weil am Rhein or at other Vitra outlets.
Vouchers can be redeemed until the date given on the voucher and shall lose their validity thereafter (“expiry date”). An extension is not possible.
If a minimum order value is given on the voucher, the applicable VAT shall be considered when calculating the minimum order value, but not any fees for gift packaging, shipping or processing. Each voucher may only be used once. Only one voucher may be used per order. It is not possible to continue to combine vouchers from the same promotion or different promotions. Vouchers cannot be paid out in cash or applied to earlier orders.
In the event of the delivered goods being returned due to a legal right of revocation or withdrawal, the discounted price which was actually paid shall be refunded.
There shall not be a claim for reimbursement or replacement of the voucher.
9. 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 Design Museum GmbH, Charles-Eames-Straße 2, 79576 Weil am Rhein, firstname.lastname@example.org, Telefon:+49 (0) 7621 702 3200, Fax: +49 (0) 7621 702 3200). You may, but are not required to, use our revocation form attached hereto. To comply with our terms of revocation, you must send your declaration regarding your decision to exercise your right of revocation before the revocation period expires.
If you revoke this agreement, the Vitra Design Museum 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 the Vitra Design Museum) without undue delay and in any event no later than 14 days after the date on which we received your declaration of revocation of this agreement. For such reimbursement, the Vitra Design Museum 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 the Vitra Design Museum charge you any amounts for such reimbursement. The Vitra Design Museum shall have the right to withhold reimbursement until the earlier of the receipt of the product(s) by the Vitra Design Museum 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 the Vitra Design Museum or to Contura GmbH; Gebäude 2; Freudenbergstrasse 4; D-79395; Neuenburg without undue delay and in any event no later than 14 days after the date on which you informed the Vitra Design Museum 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. The Vitra Design Museum 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).
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: Form for Declaration of Revocation
The Vitra Design Museum’s liability for defects in materials shall be subject to the applicable legal regulations, in particular §§ 434 ff. BGB.
11. Changes to these General Terms and Conditions
Vitra Design Museums reserves the right to change these General Terms and Conditions at any time under consideration of a reasonable period of notice. Vitra Design Museum undertakes to publish any and all changes on its website at shop.design-museum.de.
12. Final Provisions
The laws of Germany shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In dealing with final consumers within the European Union, the law which is applicable at the residence of these customers may be applicable only if and insofar as mandatory consumer rights are concerned.
If the private final consumer does not reside within the European Union or if the customer is an entrepreneur within the meaning of BGB, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction. We shall, however, be entitled to bring an action against the customer even in their place of business.