General terms and conditions applicable to every purchase at Vitra Circle and to the purchase of used items

Vitra Circle Store, Brussels

Last update: August 2021

1. SCOPE OF APPLICATION

The following general terms and conditions apply to all purchases in our Circle Store located at Bazellaan 8, 1140 Evere, Belgium (“Circle Store”) and to all purchases of used items via our website “brussels.vitracircle.com” (“Website”).

The general terms and conditions apply between us, nv Vitra Belgium sa, with registered office at Woluwelaan 137, 1831 Diegem, Belgium (“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 the labelling are not excluded and cannot be attributed to Vitra. For sales via the Website, we refer you to the additional conditions in section 9 below.

3. PAYMENT

Payment for the goods is made by Maestro or credit card. However, payment by Maestro or credit card is based on the fulfilment of the agreement. VITRA BELGIUM accepts payments by VISA and MASTERCARD. If you choose to pay by credit card, the amount will be debited from your card immediately after your confirmation of payment.

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 items are offered for sale as they are displayed. The age and condition of these items 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 of 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 shall expire within the statutory periods.

Used items show signs of use. These signs of use do not constitute a defect.

For sales via the Website, reference is made to the additional conditions in paragraph 9 below.

6. LIABILITY

VITRA is only liable for the non-performance of one or more contractual obligations for which it is responsible, while proper performance of the contract would in principle be possible.

The non-performance of one or more contractual obligations will therefore not be considered a breach of contract to the extent that this non-performance or delay is directly attributable to a case of force majeure. In that case, VITRA will inform the customer of this without delay.

The provisions of the law of 25 February 1991 concerning liability for defective products apply to agreements between the customer and Vitra. However, if the damage was caused by both a defect in the product and the fault of the person who suffered the damage or the person for whom the person who suffered the damage 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, 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 at https://brussels.vitracircle.com/nl/privacybeleid , or can always request from us.

8. APPLICABLE LAW AND TERRITORIAL JURISDICTION

Belgian 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.

9. SPECIAL CONDITIONS RELATING TO PURCHASES VIA THE WEBSITE (“CLICK & COLLECT”)

9.1. ONLINE PURCHASE PROCESS
The customer can place goods in the virtual shopping cart by clicking the mouse. There he has the possibility to view the selected goods and check his desired order in this way. By clicking on the button “submit purchase offer”, the customer makes a binding offer to conclude a purchase agreement with regard to the products that were previously moved to the virtual shopping cart. The customer is bound by this offer for the duration of the period specified in the product description. The customer's purchase offer is transmitted electronically to Vitra and the customer immediately receives an electronic confirmation of the submitted purchase offer by e-mail. Vitra expressly points out, however, that the confirmation of receipt of the submitted purchase offer does not constitute acceptance of the purchase offer in question. The purchase offer is only accepted and an agreement between the customer and Vitra is only concluded when Vitra sends confirmation of acceptance of the order by e-mail at a later time or when the customer collects the products.

9.2. COLLECTION OF GOODS
Items purchased online via our Website can be collected directly from the Circle Store located at Bazellaan 8, 1140 Evere, Belgium, on Fridays between 8am and 3pm and Saturdays from 9am to 5pm. We do not offer a shipping option. If we specify a collection period, this period must be respected. We can no longer guarantee the availability of the purchased item in the Circle Store if the item is not collected within the specified period of 1 month.

9.3. REVOCATION

Customers who make purchases that cannot be attributed primarily to their commercial or self-employed activity (“consumer” or “you”) have a right of withdrawal as set out below.

Right of withdrawal

In accordance with art. VI.47. of the Code of Economic Law, you have the right to revoke the purchase agreement within 14 days without giving any reason. This period starts on the date on which you physically took possession of the goods.

To exercise your right of withdrawal, you must send a conclusive statement stating your decision to withdraw from the purchase agreement by letter or e-mail to nv Vitra Belgium sa, Woluwelaan 137, 1831 Diegem, Belgium ( vitracircle@vitra.com ). You are also free, but not obliged, to use the enclosed withdrawal form. The consumer is deemed to have exercised his right of withdrawal within the aforementioned period if he sends the communication concerning the exercise of the right of withdrawal before this period has expired.

Consequences of revocation

 

If you revoke the purchase agreement, Vitra will refund your payment without delay and at the latest within 14 days from the date on which Vitra received your declaration of revocation. For this refund, Vitra will use the same payment method that you used to pay for the purchase of the product(s), unless expressly agreed otherwise with you in writing. In no event will you be charged any fees for this refund. However, Vitra is entitled to suspend the refund until we have received the product(s) or until you provide proof that you have returned the product(s).

You undertake to return the product(s) to Vitra by post or in person, without undue delay and in any event within 14 days of the date on which you informed Vitra of your withdrawal from the purchase agreement. You are deemed to have met this deadline if and when you send the product(s) before the expiry of the 14-day period. The costs associated with returning the product(s) are exclusively and entirely borne by the consumer. You must enclose a copy of your invoice or delivery note with the return shipment. The consumer is solely liable for any diminished value of the goods resulting from the handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Special mentions

The right of withdrawal does not apply to contracts for the supply of goods that are made to the consumer's specifications or are clearly tailored to personal needs.