Terms and Conditions for Online Auctions

1. Scope

The following General Terms and Conditions in their version valid at the time of the order shall apply exclusively to the business relations between us, Vitra International AG, Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland (UID: CHE-106.400.752), and customers – irrespective of whether they are consumers or entrepreneurs – who use our auction platform at https://campus.vitracircle.com/collections/sonderauktion  (the "Online Shop") ("Customer(s)"), unless otherwise agreed in writing. The Customer's terms and conditions shall only apply if we agree to them in writing.

 

2. Provisions for the execution of online auctions

2.1 Auction format
In the auction section of our Online Shop, we offer selected products by means of a time-limited bidding procedure ("auction"). The presentation of the goods in an auction does not constitute a binding offer, but merely an invitation to submit bids. The submission of a bid by the customer constitutes an offer to conclude a purchase contract; a contract is only concluded when we confirm the bid.

2.2  Submission of bids
Customers who wish to participate in the auction must create a password-protected customer account by providing certain personal data (in particular name and address) and their e-mail address, which will be activated after the customer confirms the provided e-mail address. Subsequently, customers can bid in the auction and thus submit (a) the next highest minimum bid, or (b) a maximum bid for certain products.
When a maximum bid is submitted, the system automatically bids in the specified bidding increments up to the upper limit of the maximum bid.

A submitted bid is binding and cannot be withdrawn after submission; statutory rights of withdrawal, cancellation and avoidance remain unaffected.

2.3 Auction duration and automatic extension
Each auction has a fixed duration as specified in the offer text. If a bid is submitted within the last 3 minutes of the auction duration, the auction will automatically be extended by another 3 minutes. This extension can occur multiple times.

2.4 Acceptance / Conclusion of contract
After the auction period, the customer with the highest valid bid (the "Winner") will be automatically contacted by us via e-mail. This e-mail does not yet constitute an acceptance of the Winner's purchase offer.

A purchase contract is only concluded with our separate, further e-mail, in which we accept the Winner's purchase offer submitted in accordance with these General Terms and Conditions (the "Acceptance") and initiate payment processing via our payment service provider Adyen.

We reserve the right to terminate an auction without acceptance if, due to technical errors or other circumstances, proper execution is not guaranteed.

2.5 Obligations of the Winner / Payment processing
The Winner will receive an e-mail with a payment link after the auction ends.
Payment must be made immediately, but no later than within the period specified in the e-mail, via our payment service provider Adyen.

If payment is not made on time, we are entitled to:

  • withdraw from the contract and
  • offer the item for auction or sale again.

Further rights remain unaffected.

2.6 Shipping / Handover
Delivery or handover will take place according to the respective offer conditions of the specific auction. The general shipping provisions of these GTC also apply.

 

3. Delivery

Delivery will be made to the delivery address provided by the Winner in the following countries (hereinafter "Permitted Delivery Countries"):

 Belgium

  • Denmark
  • Germany
  • Finland
  • France
  • Great Britain
  • Ireland
  • Italy
  • Luxembourg
  • Netherlands
  • Norway
  • Austria
  • Poland
  • Portugal
  • Sweden
  • Switzerland
  • Czech Republic
  • Hungary

Deliveries to countries that are not Permitted Delivery Countries require an individual review by us; we reserve the right not to conclude a contract with the Winner or to withdraw from any existing contract with the Winner and to offer the item for auction or sale again, if the Winner provides a delivery address in a country that is not one of the Permitted Delivery Countries. In this case, the Winner will be informed in advance of these possible consequences and given the opportunity to provide a delivery address in a Permitted Delivery Country within a reasonable period – but no longer than fourteen (14) days.

The delivery address may differ from the billing address. If no delivery address is specified, delivery will be made to the billing address, subject to the restrictions mentioned above.

We are entitled to make partial deliveries if

- partial delivery is reasonable for the customer and

- the customer does not incur any additional costs as a result.

 

4. Prices and shipping costs

The prices in our online shop are given in Euros and include packaging and the currently applicable VAT. The goods will be delivered at our expense.

 

5. Payment, offsetting, right of retention

The purchase price is due after acceptance of the offer and receipt of the payment link.

The customer is not entitled to offset our claims or to exercise a right of retention, unless his counterclaims have been legally established, are undisputed, or are in a reciprocal relationship with our claims.

 

6. Retention of title

We retain ownership of the goods delivered by us until the customer has paid the purchase price in full.

 

7. Right of withdrawal

Consumers who conclude a legal transaction for purposes that cannot be attributed predominantly to either their commercial or their independent professional activity have a statutory right of withdrawal as follows.

 

Instructions on the right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the (last) goods.To exercise your right of withdrawal, you must inform us (Vitra International AG; Postal address: Klünenfeldstrasse 22, 4127 Birsfelden, Switzerland; Email address: store@vitra.com; Telephone: +49-7621-5930-230) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning parcel-ready goods. You also bear the direct costs of returning non-parcel-ready goods. The costs are estimated at a maximum of approx. 150 EUR. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

- End of the instructions on the right of withdrawal -

 

Download: Model withdrawal form

 

8. Warranty

We are liable for material or legal defects of delivered items in accordance with the applicable statutory provisions.

The used items are sold as seen. The age and condition of these items are taken into account when determining the price.

Used items show signs of wear. Such signs of wear, which are to be expected due to the used nature of the items or which we specifically point out in the item description, do not constitute a defect and therefore do not entitle the customer to assert warranty claims.

 

9. Liability

We are liable for a culpable breach of essential contractual obligations in accordance with the statutory provisions. Essential contractual obligations are obligations that characterise the typical purpose of the contract, whose fulfilment enables the proper execution of the contract and on whose compliance the customer can regularly rely. Insofar as we are not guilty of gross negligence or wilful misconduct, we are only liable for the typically occurring, foreseeable damage.

In all other cases, we are liable if damage has been caused by us or by one of our vicarious agents intentionally or through gross negligence. In the event of a guarantee being assumed and for damages arising from injury to life, limb or health, we are liable in accordance with the statutory provisions. Otherwise, claims for damages arising from breaches of duty against us are excluded.

Mandatory product liability claims remain unaffected by this.

10. Copyrights

We or our partners hold the copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

 

11. Dispute Resolution

Information on alternative dispute resolution in consumer matters:

We endeavor to resolve any disagreements arising from a contract amicably. Furthermore, we are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Information on online dispute resolution:

The EU Commission has created an internet platform for the online resolution of disputes (so-called "OS platform"). The OS platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The OS platform can be reached at the following link: http://ec.europa.eu/consumers/odr.

 

12. Data Protection

We only collect, process, or use personal data within the framework of data protection regulations. Details can be found in our data protection declaration, which can be viewed at www.vitra.com/privacy and can also be requested from us at any time.

 

13. Final Provisions

Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer and has their habitual residence in a member state of the European Union, this choice of law does not result in the withdrawal of protection provided by mandatory provisions of the law of their state of residence. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain applicable.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, our registered office is the place of jurisdiction. However, we also have the right to sue the customer at their registered office.