Terms and conditions
Unbinding AI generated Convenience Translation to English
Below we present our General Terms and Conditions (hereinafter referred to as "GTC"), which we use as the basis for the use of the Westwing (online) shop on the www.westwing.es website. By placing your order, you agree to the following General Terms and Conditions of Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany (hereinafter referred to as "Westwing").
These GTC apply to consumers with a billing address in Spain who avail themselves of the offers on our website. For the purposes of this law and without prejudice to the provisions of its Third and Fourth Chapters, consumers and users are those natural persons who act for a purpose not related to their commercial or business activity, work or profession. For the purposes of this law, legal persons and entities without legal personality that act on a non-profit basis in an area not linked to a commercial or business activity are also consumers.
1. GENERAL AND SCOPE OF APPLICATION
1.1 Westwing operates an (online) store (hereinafter referred to as the "Store") on the www.westwing.es website.
1.2 To use the offers available in the Store, persons must be over 18 years of age.
1.3 In principle, goods and services will only be sold in quantities customary to households.
1.4 These GTC apply to all contracts concluded via the www.westwing.es website, unless the B2B GTC for entrepreneurs apply.
1.5 If (Working) Days are specified as time limits, all Working Days shall be understood as such with the exception of Saturdays, Sundays and public holidays.
2. USE OF THE WEBSITE WWW.WESTWING.ES AND REGISTRATION
2.1 When placing an order for goods and/or services, you will be asked to provide personal data which will be collected and processed in accordance with Westwing's privacy policy . Clause 19 applies.
2.2 You are responsible for ensuring that the data is complete and truthful. You are also obliged to keep your data up to date. If there is a change in the data provided during your use of the website, you must correct the information immediately. You are obliged to treat your passwords and any other access data confidentially and to protect them from access by unauthorized third parties.
2.3 If you create a customer account, you will receive a confirmation of your registration by e-mail after completing the registration process (so-called "double opt-in").
2.4 You are solely responsible for the content (such as product reviews) that you post in the areas accessible for this purpose. You warrant that your own content does not infringe or violate the rights of any third party (e.g., personal rights or copyrights). In this regard, Westwing will fully indemnify against any third-party claims on first demand. By submitting the content to Westwing, you grant Westwing and all companies affiliated with Westwing in the Westwing Group (hereinafter referred to as the "Westwing Group") all the simple, unlimited rights of use in terms of time, space and content, and also for transfer to third parties, that Westwing requires to publish and distribute the content, even only in part, on the Westwing Group websites.
2.5 In your customer account you can view and, if necessary, modify your opened, recently shipped and/or completed orders, as well as manage and store your own data, vouchers, newsletters and notifications in a differentiated way.
2.6 You may only register with one customer account in the www.westwing.es website store and may only trade with one customer account at a time. If Westwing detects multiple records, Westwing may delete them.
2.7 It is forbidden to use the www.westwing.es website or its contents for purposes that are illegal, abusive or prohibited by these GTC. In particular, it is not permitted to disrupt or manipulate technical processes. In the event of unjustified conduct or attempts to obtain advantages to the detriment of Westwing or other customers, Westwing reserves the right to block the customer's account and not accept offers.
2.8 Westwing reserves the right to exercise its virtual domicile rights at its own discretion and, for example, to issue warnings, refuse orders, restrict available payment methods, suspend or terminate access to the www.westwing.es website or membership or remove transmitted content if the provisions of these GTC are violated or if there is an abuse of rights. Your right of withdrawal under Article 13 shall not be limited in any way by the above-mentioned measures. Claims for damages by Westwing will not be affected.
3. CONTRACTING PARTIES, LANGUAGE AND CONCLUSION OF THE CONTRACT
3.1 The contracting party when entering into contracts on the www.westwing.es website is Westwing.
3.2 The website www.westwing.es works in English. Contracts through the website will be concluded exclusively in Spanish.
3.3 Contracts in www.westwing.es are concluded in accordance with Art. 1262 of the Civil Code as soon as you have placed the products in your virtual shopping cart and the electronic ordering process has been executed at that time by clicking on the "Buy Now" button.
3.4 Order data is stored by Westwing and sent to you by e-mail after an order has been placed. This email also contains a cancellation policy. You can also download the Terms and Conditions at any time in https://www.westwing.es/i/terms_and_conditions/ at any time. If you have created a customer account before submitting your order, you will always be able to view the order data in the login area. This also applies to previous orders within the scope of statutory retention obligations.
3.5 Order processing and contact are normally carried out through automated order processing or by e-mail. You must ensure that the email address you provide for order processing is correct, so that emails sent by Westwing can be received at this address. In particular, if you use SPAM filters, you must ensure that all emails sent by Westwing or by third parties commissioned by Westwing to process your order can be delivered.
4. PRICES AND SHIPPING COSTS
4.1 For orders of goods and services on the www.westwing.es website, the prices indicated on the details page of the relevant item at the time of placing the order will apply. Prices are total prices, VAT and packaging included. Shipping costs and, where applicable, the costs of an assembly service that can be booked additionally will be added (see section 6).
4.2 Delivery charges are charged separately for each order and are based on the price stated on the product detail page. This depends, among other things, on the respective size, weight and shipping method. The latter is at Westwing's discretion.
5. ASSEMBLY SERVICE
5.1 For certain products, assembly or installation at the desired location is offered as a separate additional service for a fee in almost all areas of Spain (excluding Ceuta, Melilla and the Canary Islands) (hereinafter referred to as the "Assembly Service"). If you want the product to be assembled in such a case, please request the assembly service by checking the "Assembly service" field on the item detail page, placing the item in the virtual shopping cart and completing the order by clicking on the "buy now" button. You can also book the assembly service later by selecting a delivery date and checking the "Assembly service" box.Westwing does not guarantee that the goods can be effectively assembled or fixed in the spaces provided for this purpose. Westwing reserves the right not to offer the assembly service in individual cases if there are objective reasons for doing so. The assembly will be carried out in accordance with the respective assembly instructions.
5.2 Westwing will, at its option, provide the assembly service itself or through third parties (subcontractors) acting on behalf of Westwing. You do not have the right to select a specific person to perform the desired assembly service.
5.3 Unless you have already agreed a delivery date via the Appointment Website, Westwing or a subcontractor of Westwing will contact you to arrange an appointment after you have placed your order. An adequate and easily accessible environment shall be ensured for the provision of the assembly service, supported by reasonable cooperation on their part, to the extent necessary (e.g. allowing access, sufficient space for assembly).
5.4 Painting and wallpapering work and/or electrical installations, as well as wall and ceiling installations or any other work that may be expressly indicated on the website are excluded from the installation services.
5.5 When ordering the preparation service, additional costs will be charged to the purchase price for this service according to the price shown when placing the order or on the appointment booking website.
5.6 The risk of accidental loss and accidental damage to the goods shall not pass to you until the installation service has been completed and the goods have been delivered.5.7 Westwing and its subcontractors are entitled to carry out a receipt inspection after assembly and to produce visual material for documentation purposes.
6. CONDITIONS AND PAYMENT
6.1 You can pay for goods and services – upon checking our creditworthiness – using one of the following payment methods: PayPal, credit card (VISA, Mastercard, American Express), Apple Pay, Google Pay (only available when ordering via web browser) and Klarna.
6.2 Westwing currently accepts several credit cards: VISA and Mastercard as well as American Express. Westwing will charge your credit card for the invoice amount upon receipt of the order via our payment service provider Stripe Payments Europe Ltd (registered in the Irish Companies Register under number 3206488LH).
6.3 In the event that ApplePay or GooglePay (for web browser orders only) is selected as the payment method, the payment will be processed by our payment service provider Stripe Payments Europe Ltd (registered in the Irish Companies Register under number 3206488LH).
6.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (registered in the Trade and Companies Register under company number R.C.S. Luxembourg B 118 349), subject to the PayPal User Agreement, Available in https://www.paypal.com/es/webapps/mpp/ua/useragreement-full
6.5 If Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (registered in the Swedish Trade and Companies Register under number: 556737-0431) is used as a means of payment, the following payment options are available to you if you have a credit rating: purchase on account with payment within 30 days, payment in three interest-free instalments or financing with interest. In this case, Westwing assigns its credit to Klarna.
7. INVOICING
By accepting the GTC, you agree that Westwing may send you the invoice by electronic means or make it available to you by electronic means, in accordance with Article 232 of Council Directive 2006/112/EC and the relevant provisions of the Polish Goods and Services Tax Act of 11th March 2004 (as amended below).
8. VALES
8.1 Westwing offers several types of vouchers: Gift Vouchers, Promotion Vouchers and Compensation Vouchers:
8.1.1 Gift vouchers
8.1.1.1 Gift vouchers are vouchers that you can purchase in the Store and redeem only in www.westwing.es, unless otherwise stated on the voucher. The gift voucher will be sent to you by email after placing the order.
8.1.1.2 Gift Vouchers and remaining Gift Voucher balances are redeemable until the end of the third year after the year of purchase of the Gift Vouchers.
8.1.1.3 For technical reasons, Westwing can only accept one gift voucher per order. If you have more than one gift voucher, you can contact Westwing Customer Service (service@westwing.es) to convert the gift vouchers into a single gift voucher. This means that the total voucher can also be redeemed in a single order.
8.1.1.4 Gift Vouchers may only be used for the purchase of goods and services and not for the purchase of other Gift Vouchers.
8.1.1.5 If the price of your order is higher than the balance of a gift voucher, you can make up the difference using the payment methods offered. If the price of your order is less than the balance of a gift voucher, you can redeem the remaining balance with your next order.
8.1.1.6 In the event of cancellation of a contract, for whatever reason, the purchase price will be refunded by means of a debit to the voucher account as well as to the additional means of payment, if any.
8.1.1.7 The gift voucher is transferable.
8.1.1.8 Lost vouchers, especially stolen ones, will not be refunded. Westwing assumes no responsibility for the loss of codes.8.1.2 Promotional vouchers (including the "refer-a-friend voucher")
8.1.2.1 Promotional vouchers are vouchers that are issued free of charge as part of advertising campaigns with a specific validity period and cannot be purchased by you. Promotional vouchers can only be redeemed in https://www.westwing.es/ during the specified period, but not in shipping or installation costs. Promotional vouchers may be subject to other individual conditions. These will be communicated to you in direct relation to the voucher.8.1.2.2 Vouchers that you have received as a new customer through the invitation of a Westwing member (so-called "refer-a-friend vouchers") cannot be redeemed if you already have a Westwing account, as the voucher is only redeemable for new customers.
8.1.2.3 First registration or new customer vouchers, which you receive once for registering on the website www.westwing.es for registering in the store or as a member of the Sales Club, may only be redeemed once per customer account.
8.1.2.4 Only one promotional voucher can be redeemed per order. It is not possible to refund or credit the remaining balance of a promotional voucher that arises if the value of the purchase is less than the value of the voucher.
8.1.2.5 The promotional voucher is non-transferable, non-refundable and cannot be redeemed if you return the goods or services paid for in whole or in part with the voucher under the statutory right of withdrawal. If you return ordered goods proportionally, the value of the voucher will be distributed proportionally among the goods ordered, i.e. in case of return of individual items, the voucher will be credited proportionally to the price of the returned goods and will expire proportionally to the value of the goods. If a voucher is linked to a minimum order value, this must also be reached in the event of partial return of the goods; otherwise, the payment of the value of the voucher will not be applicable.
8.1.3 Proof of compensation
8.1.3.1 Compensation Vouchers are vouchers that cannot be purchased, but are issued by Westwing at its discretion as compensation without acknowledgment of any legal obligation.
8.1.3.2 The rules on promotional vouchers shall apply accordingly.
8.2 Westwing may, in the event of a well-founded suspicion of fraud or other activities contrary to the law or conditions in connection with the purchase or redemption of a voucher, block the relevant voucher code (also temporarily) or refuse to redeem it (also temporarily). In the latter case, you have the right to cancel the order.
8.3 Payment of the voucher amount is not possible, nor is it possible to transfer the amount of the voucher or to compensate for purchases that have already been made, i.e. before the order process has been completed.
8.4 The aforementioned vouchers can only be redeemed by consumers.
9. DELIVERY AND SHIPPING CONDITIONS
9.1 Deliveries will only be made within Spain (excluding Ceuta, Melilla and the Canary Islands) to the delivery address provided by you.
9.2 Basic delivery times are communicated to you on the details page of the relevant article.
9.3 The ordered goods will be sent as a parcel or by a transport agency at Westwing's discretion.
9.4 Westwing does not assume any acquisition risk, in particular not in the case of a generic purchase. Westwing is only obliged to deliver from stock of goods or from the delivery of goods ordered from suppliers. Westwing's supply obligation shall not apply if Westwing is not supplied, is not fully supplied or is not supplied on time despite an existing hedging transaction with the respective supplier and is not responsible for it, Westwing has informed you of this without delay and a separate supply risk has not been expressly agreed. Advance payments will be refunded by Westwing.
9.5 Westwing shall not be liable for any breach or defective performance of Westwing's obligations under this contract if and to the extent that this is due to the occurrence of force majeure, provided that Westwing shall use its best endeavours to minimise the consequences of such an event.
Force majeure means any unforeseen event or occurrences which, although foreseeable, are beyond Westwing's control and the effect on the performance of the contract could not have been avoided by reasonable efforts on the part of Westwing. This includes, but is not limited to, war, war, war, riot, rebellion, military or civil coup, insurrection, riot, riot, embargo, governmental order, fire, flood, storm surge, hurricane, or other severe weather event on the scale of a catastrophe, earthquake, lightning strike, pandemic, epidemic, nuclear hazard, or similar cause that is beyond Westwing's control and makes it illegal, impossible or commercially impracticable to perform or fulfill the obligations governed by these GTC. If a force majeure event occurs, Westwing is obliged to inform you immediately. Westwing will be released from its obligation to provide services for the duration of the event. The delivery and performance periods will be extended appropriately. If the force majeure lasts longer than 8 weeks, Westwing and you have the right to terminate the contract.
9.6 If delivery of the goods fails for reasons for which you are responsible, Westwing will charge you for the costs of a new delivery as well as reasonable storage costs from the day of the failed delivery. You will be charged for a new delivery even if the first delivery was free to you. We will inform you of the additional costs before the new delivery and will only make the delivery with your consent. Please note that refusal to accept does not constitute an effective exercise of your right of withdrawal and must be expressly declared to Westwing. Westwing reserves the right to withdraw from the contract if you do not accept a new delivery within 7 days. In this case, Westwing will refund payments already made by you. This also applies if you do exercise your right of withdrawal. In this case, you will also be refunded the shipping costs (standard shipping).
10. WARRANTY, LIABILITY AND TRANSPORT DAMAGE
10.1 Except as otherwise provided in the following provisions, the provisions of statutory liability for defects shall apply.
10.2 Claims for damages are excluded. Claims for damages arising from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on a wilful or grossly negligent breach of duty on the part of Westwing, its legal representatives or vicarious agents are excluded. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
10.3 The foregoing limitations of liability shall not apply if Westwing has fraudulently concealed the defect or assumed a warranty for the goods. The provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, will not be affected.
10.4 In the case of contracts for the delivery of used goods, the following restriction applies: The limitation period for claims for defects shall be one year from the delivery of the goods if this was expressly and separately contractually agreed and you were expressly informed of the reduction of the limitation period before submitting your bid.
10.5 If the goods are delivered with obvious damage to the packaging or contents, please immediately lodge a complaint with the relevant courier and contact Westwing Customer Service (service@westwing.es. The notice has no effect on your warranty rights, but it makes it easier for Westwing to enforce its rights against the courier company.
11. WARRANTIES
An additional commercial warranty only exists if it is explicitly stated and described on the product detail page.
12. CONSUMERS' RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party appointed by you, other than the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the following model withdrawal form, which is not mandatory:
B. Model withdrawal form
(you must only complete and send this form if you wish to withdraw from the contract)
Attn: (here the name of the entrepreneur, his full address and his email address must be inserted):
I hereby inform you (*) that I withdraw from my/we withdraw from our (*) contract of sale of the following property
Ordered on/received on (*)
Name of the consumer and user or consumers and users
Domicile of the consumer and user or consumers and users
Signature of the consumer and user or consumers and users (only if this form is submitted on paper)
Date
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the cancellation period expires.
The revocation must be addressed to:
by mail: Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany
Email: service@westwing.es
Tel: +34 912 582 937
13. CONSEQUENCES OF REVOCATION
If you have withdrawn from the purchase contract, we will refund all payments we have received from you, including delivery costs, without any undue delay and at the latest within fourteen (14) days from the day on which we have received notice of withdrawal from the contract. For the refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you. In no event will you be charged for this refund. We may refuse reimbursement until we have received the goods or until you have provided proof that you have returned the goods, whichever condition is met first.
You must return the goods immediately and in any event within fourteen (14) days from the day on which you notify us of the termination of the contract to the following address. The return address depends on the carrier that delivered the goods and is:
SEUR GEOPOST S.L.
Carrer Zenc, 608755 Castellbisbal
Barcelonaor
TAMDIS BY JP S.L.U.
Polígono Industrial La Garena, Rotonda René Descartes, Nave 2ª-2B,28806 Alcalá de Henares
Madrid.
The deadline is met if you ship the goods before the fourteen-day deadline. We will bear the costs of returning the goods. You will only be liable for the diminution in value of the goods resulting from handling of the goods other than that necessary to establish their nature, characteristics or operation.The right of withdrawal does not exist or expires for the exceptions mentioned in Article 103 of the Consumer Law.
14. VOLUNTARY RIGHT OF RETURN FOR CONSUMERS
14.1 For all purchases of goods, Westwing grants you a voluntary right of return for a total of 30 days from receipt of the goods, in addition to and in addition to the statutory right of withdrawal under section 12. This right of return, which Westwing voluntarily grants you, allows you to withdraw from the purchase contract even after the 14-day withdrawal period has expired (see paragraph 12) by returning the goods to Westwing within 30 days of receipt.
However, if you exercise this voluntary right of return after the 14-day period for exercising the statutory right of withdrawal has elapsed, a prerequisite for exercising the voluntary right of return is that you return the goods in full, perfect condition and undamaged in the original sales packaging. Otherwise, Westwing reserves the right to refuse the return. We would like to point out that you assume the risk of carriage when returning the goods within the framework of the voluntary right of return. The voluntary right of return does not apply to the purchase of gift vouchers.
14.2 The refund will be made to the means of payment used by you for payment. If direct debit was selected as a means of payment, it will not be necessary to oppose it.
14.3 Your statutory right of withdrawal (see clause 12) remains unaffected by your fulfilment of the requirements set out in this clause 14 and shall continue to apply regardless of your right. Until the expiry of the period of the statutory right of withdrawal, only the statutory conditions listed therein shall apply. This contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain unlimited.
15. REIMBURSEMENT OF DELIVERY AND SERVICE COSTS IN THE EVENT OF PARTIAL REVOCATION
If you cancel the contract for only part of the goods in an order (partial cancellation), Westwing will refund the payments for the goods that are the subject of the cancellation, including delivery and assembly costs (if not already assembled). However, if (part of) the delivery and assembly costs would have occurred even if you had ordered only the goods for which you did not cancel the contract, these are excluded from the return.
16. RESERVATION OF TITLE
The merchandise will remain the property of Westwing until full payment has been made.
17. SERVICE AND COMPLAINTS
Your satisfaction is very important to us. That's why we always try to process your requests as quickly as possible and get back to you after receiving your feedback. For service requests, please contact Westwing Customer Service:
Westwing GmbH Moosacher Str. 88 80809 Munich
Email: service@westwing.es
Tel: +34 912 582 937
18. DISCLAIMER OF HYPERLINKS
Insofar as www.westwing.es refers to websites of other providers via hyperlinks, Westwing has no influence on their content, does not adopt them as its own and assumes no warranty or liability for their content. The respective provider or operator of the pages is always responsible for the content of the pages. As soon as Westwing becomes aware of legal violations of websites of other providers, the corresponding hyperlinks in www.westwing.es will be removed immediately.
19. DATA PROTECTION
For all questions regarding the protection of your data, you can consult Westwing's privacy policy at https://www.westwing.es/i/privacy_policy/.
20. RIGHTS OF USE
The content of this website, including text, graphics, photos, illustrations, images, videos, sounds and software (hereinafter referred to as "material") is protected by copyright. It is allowed to be downloaded or used for private use. The publication, transmission, reproduction or any other use of the content/material is not permitted.
All rights to use the www.westwing.es material belong to Westwing or our partners. Use of the material, in any form, without the express written consent of Westwing is prohibited.
All trademarks used on the Website may not be used without the prior written consent of Westwing.
21. ALTERNATIVE DISPUTE RESOLUTION
Online dispute resolution in accordance with Art. 14 para. 1 of the ODR Regulation: The European Commission provides a platform for online dispute resolution (OS) on the Internet in accordance with Art. 14 para. 1 of the ODR Regulation. You can find this one here .Westwing GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
22. CHANGES TO THE T&CS
Westwing reserves the right to make changes to the Website, rules, terms and conditions, including these GTC, at any time. Your order will be governed by the terms and conditions in effect at the time you place your order, unless a change to these terms and conditions is required by law or government regulation (in which case they will also apply to orders you have previously placed).
23. FINAL PROVISIONS
23.1 Any dispute arising out of or in connection with the use of www.westwing.es shall be governed exclusively by the laws of Spain, excluding its conflict of law provisions.
23.2 In the event that any provision is void or ineffective, the other provisions shall remain valid. In place of null or ineffective provisions, the relevant legal provisions shall apply.
Your Westwing GmbH Moosacher Str. 88 80809 Munich
Status: 09.09.2024