General terms and conditions of sale
General terms and conditions apply to every purchase at Vitra Circle and to the purchase of used items.
Vitra Circle Store, Zaandam
Last update: March 2023
1. SCOPE OF APPLICATION
The following terms and conditions apply to all purchases in our Circle Store located at Affuitenhal 10, 1505 RE Zaandam, the Netherlands (“Vitra Circle Store”) and to all purchases of used items via our website “ zaandam.vitracircle.com ” (“Website”). The terms and conditions apply between us, Vitra (Nederland) BV, with registered office at Koivistokade 1, 1013 AC Amsterdam (“Vitra”, “us” or “we”) and the customer, and apply in the version applicable at the time of purchase, unless otherwise agreed in writing.
2. DISPLAY AND OFFER
The display of the goods in our Circle Store and on the Website does not constitute a legally binding offer, but a non-binding invitation to make a purchase offer.
Misunderstandings in labelling cannot be ruled out and cannot be attributed to Vitra.
3. PAYMENT
Payment for the goods is made by Maestro (bank card). However, payment by Maestro (bank card) is based on the fulfilment of the agreement.
4. RETENTION OF OWNERSHIP
We reserve ownership of the goods until the customer has paid the purchase price in full.
5. ITEMS USED
5.1 The used articles are offered for sale as they are displayed. The age and condition of these articles are taken into account when determining the price. VITRA is liable to the customer for any hidden defect that exists at the time of transfer of the item to the consumer and that manifests itself within two years from this transfer. The customer must inform VITRA of the lack of conformity no later than 2 months after the day on which the consumer discovered the defect. By way of exception, the claims referred to in Article 6 expire within the statutory periods. Used articles show signs of use. These signs of use do not constitute a defect.
6. LIABILITY
VITRA is only liable for the non-performance of one or more contractual obligations for which it is responsible, while the proper performance of the contract would in principle be possible. The non-performance of one or more contractual obligations will therefore not be regarded as a breach of contract insofar as this non-performance or delay is directly attributable to a case of force majeure. In that case, VITRA will inform the customer thereof without delay. Dutch law regarding liability for defective products applies to agreements between the customer and Vitra. However, if the damage was caused by both a defect in the product and by the fault of the injured party or the person for whom the injured party is responsible, VITRA cannot be held liable for it. For all other shortcomings, VITRA can only be held liable in the event of its own intent, its gross negligence or that of its employees or delegates.
7. DATA PROTECTION
We collect, process or use personal data exclusively within the framework of data protection legislation. For more information, we refer to our privacy policy, which the buyer can consult at any time on our website , or can request from us.
8. APPLICABLE LAW AND TERRITORIAL JURISDICTION
Dutch law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a company, our registered office determines the territorially competent court. However, we also have the freedom to summon the customer company at its place of business if necessary.