Terms and Conditions
General Business Terms and Conditions for the Online Shop
Vitra Design Museum GmbH, Weil am Rhein
Last edited: September 2014
The business relationship between us, Vitra Design Museum GmbH, Charles-Eames-Str. 2, D-79576 Weil am Rhein, local court Freiburg, register no. HRB 413163, and 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 the products in our online shop does not represent a legally binding offer; rather it represents a non-binding invitation to place an order. We reserve the right to make mistakes in this presentation. Customary deviations, and deviations to images and descriptions in our brochures, price lists and catalogues which occur on the basis of legal regulations or which represent technical improvements, as well as the replacement of components by equivalent parts, shall be permitted as far as they do not impair the contractually intended use.
By clicking on the "Ready to Order" button, the customer hereby sends a binding offer to purchase the goods contained in the virtual shopping cart. The order is a binding offer from the customer to conclude a purchasing contract. Contracts are only concluded through a written order confirmation (email, fax etc.) or through delivery of the goods. The acceptance of the order takes place on the condition that the goods are available.
3. AVAILABILITY OF GOODS 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 be entitled to make partial deliveries, if
- the partial delivery is useful for the customer in line with the intended purpose of the contract and
- no significant expenditure or additional costs would arise 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. PRICES AND SHIPPING COSTS
The delivery shall take place at the cost of the customer from Weil am Rhein. 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 is due for payment immediately upon placing an order. The customer may pay by credit card, PayPal or by prepayment. Paying for goods by credit card is a conditional payment. We accept VISA and MasterCard credit cards. If paying by prepayment, the customer will be sent our bank details in an invoice.
7. RETENTION OF TITLE
We retain ownership of all goods delivered by us until the customer has paid the purchase price in full.
8. REDEMPTION OF VOUCHERS
Vouchers can only be redeemed through an order with the Vitra Design Museum online shop at www.shop.design-museum.de . They are not valid in the Vitra Design Museum 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 combine vouchers from the same promotion or from 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.
We shall be liable for defects according to the applicable legal guidelines, in particular §§ 434 ff. BGB.
10. FINAL PROVISIONS
The place of performance for service and payment is Weil am Rhein.
German law applies to the exclusion of the UN Sales Law (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.