B2B Terms and Conditions
Unbinding AI generated Convenience Translation to English
GENERAL TERMS AND CONDITIONS OF USE OF THE STORE
GENERAL TERMS AND CONDITIONS OF USE OF THE (ONLINE) SHOP WW.WESTWING.ES FOR COMPANIES AND PROFESSIONALS
Below we present our General Terms and Conditions (hereinafter referred to as "GTC"), which govern the use of the Westwing (online) store on the website www.westwing.es for companies and professionals. By placing your order, you acknowledge that you are bound by the following General Terms and Conditions of Westwing GmbH, Moosacher Str. 88, 80809 Munich (hereinafter referred to as "Westwing").
These GTC apply to entrepreneurs established in Spain who have registered on our website, accepted these GTC and avail themselves of the offers on our website. An entrepreneur within the meaning of these GTC is a natural or legal person or an entity with legal capacity who, by using the Westwing website and purchasing products from its online store, acts in the exercise of his business, professional, commercial or independent activity or for a purpose related to his business, professional, professional activity, or with their trade or profession.
1. GENERAL INFORMATION 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 In order to use the offers available in the Store, you must act as an entrepreneur or professional, i.e. as a natural or legal person or a company or entity with legal capacity in the exercise of its business, commercial or professional activity, or as an independent professional when concluding a legal transaction.
1.3 These GTC apply to all contracts concluded with you, as an entrepreneur or professional, via the website www.westwing.es in accordance with Section 1.2, unless Westwing's GTC for consumers and users is applicable. Westwing does not accept other GTC, unless otherwise expressly agreed in writing.
1.4 Individual agreements that may be entered into with you in particular cases (including collateral or related agreements, supplements and amendments) take precedence over these GTC. Unless proven otherwise, a written contract or written confirmation (electronic form according to § 127 BGB is sufficient) from Westwing is required for the content of such agreements.
1.5 As a general rule, Westwing employees are not allowed to make verbal collateral agreements or to give oral guarantees or representations that go beyond the content of the written contract.
1.6 If (working) days are specified as deadlines, all working days shall be understood with the exception of Saturdays, Sundays and public holidays in Germany.
2. USE OF THE WWW.WESTWING.ES WEBSITE
2.1 When placing an order, you will be asked to provide personal data and to consent to the registration of a company account. Article 15 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 corporate client account, you will receive a confirmation of your registration by email 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, it will indemnify Westwing in full and on first demand against claims from third parties. By submitting the content to Westwing, you grant Westwing and all Westwing Group companies affiliated with Westwing (hereinafter "Westwing Group") all the rights of simple use, unlimited in time, space and content and also for transfer to third parties, that Westwing requires for the publication and distribution of the content, including in part, on the Westwing Group websites.
2.5 In your corporate customer account, you can view your open or in-progress, recently shipped and/or completed orders and, if necessary, modify them, as well as manage and save your own data, vouchers, newsletters and notifications in a differentiated way.
2.6 You are only authorised to register and operate one Corporate Client Account on the Website www.westwing.es at the same time. If Westwing detects multiple records, Westwing may delete them.
2.7 You may not use the www.westwing.es website or its contents for any purpose that is unlawful or illegal, improper or prohibited by these Terms. In particular, technical processes may not be disturbed or manipulated. In the event of unauthorised behaviour or attempts to obtain advantages to the detriment of Westwing or other customers, Westwing reserves the right to block the corporate customer's account and not accept offers.
2.8 Westwing reserves the right to exercise its proprietary rights in the Store and its website and the rights of virtual domicile (i.e. the so-called "domiciliary rights") at its discretion and, for example, to issue warnings, refuse orders, restrict available payment methods, pause or terminate your access to the website www.westwing.es or delete content submitted by you if the provisions of these GTC are violated or in the event of abusive behaviour. This is without prejudice to claims for damages by Westwing, which will not be affected.
3. CONTRACTING PARTY, LANGUAGE AND CONCLUSION OF THE CONTRACT
3.1 The contractual partner for the conclusion of contracts on the www.westwing.es website is Westwing.
3.2 The website www.westwing.es works in English. Contracts through the website are concluded exclusively in the English language.
3.3 The offer of goods and services in www.westwing.es is not a binding contractual offer within the meaning of Section 145 of the German Civil Code (BGB), but is subject to change and is not binding as an invitation to submit an offer (the so-called "invitatio ad offerendum"). Once the selected products and services have been placed in the (virtual) shopping cart and the electronic ordering process has been completed, you submit a legally binding contractual offer by clicking on the "Buy Now" button to place an order for the products and services in the (virtual) shopping cart at that time. After submitting your bid, you will receive an email from Westwing confirming receipt of your bid. This email from Westwing does not imply acceptance of the contract. It is at Westwing's discretion not to accept offers. If an order is not fulfilled by Westwing, Westwing will inform you immediately. Acceptance of the contract is made by a separate email with the confirmation of shipment or confirmation of the provision of the service, but at the latest at the time of shipment of the goods.
3.4 Westwing saves the order data and sends it to you by e-mail after you have placed an order. You can also refer to the GTC 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 can 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 by automated order processing or by email. You must ensure that the email address you provide for the processing of the order is correct so that emails sent by Westwing can be received at that address. In particular, when using 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 that include legal VAT and packaging. Shipping costs and, where applicable, the costs of an assembly service that can be booked additionally (see section 5) will be added.
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.
4.3 In the event of delivery by Westwing, prices are DDP Incoterms® 2020, including normal packaging, unless otherwise agreed.
4.4 Westwing may grant you discounts and vouchers beyond the discounts indicated on the Website www.westwing.es within the framework of individual agreements in accordance with clause 1.4. In this case, only one alternative discount or voucher can be redeemed and applied to a single order. The discount or voucher selected by the customer and stored in the shopping cart will be applied.
4.5 Through your customer account, you have the option of receiving VAT invoices and taking the business customer discount into account directly when placing your order. Generally, there are no manual corrections made to invoices for business customer accounts.
4.6 Westwing is entitled to offset payments against older debts first and will inform you of the type of set-off that has been made.
4.7 A payment will only be deemed to have been made when Westwing is able to dispose of the amount.
4.8 If Westwing becomes aware of circumstances which call into question your creditworthiness, if you fail to pay overdue invoices or if you apply for commencement, or insolvency proceedings are commenced or dismissed for lack of assets, Westwing is entitled to declare the entire remaining debt overdue. In this case, Westwing is also entitled to demand advance payments or the creation of a guarantee.
5. ASSEMBLY SERVICE
5.1 For certain products, assembly or installation at the desired location is offered as an additional service at a separate charge in almost all areas of Spain (excluding Ceuta, Melilla and the Canary Islands) (hereinafter referred to as "assembly service"). If you would like us to assemble the product for you in that case, please request the assembly service by checking the "Assembly service" box on the item detail page, placing the item in the virtual shopping cart and completing the order by clicking on the "Pay 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 merchandise can actually be assembled or installed in designated rooms. Westwing reserves the right not to offer the installation service in individual cases at its sole discretion.
5.2 Westwing may choose to provide the assembly service itself or through third parties (subcontractors) working on behalf of Westwing. You do not have the right to select a specific person to carry out the desired assembly service.
5.3 If you have not yet agreed on a delivery date via the appointment making website, Westwing or a subcontractor of Westwing will contact you to arrange an appointment after you have placed your order. For the provision of the assembly service, a suitable and easily accessible environment must be ensured and, if necessary, appropriate cooperation must be provided on their part (e.g. access authorization, sufficient space for assembly). The assembly is carried out in accordance with the corresponding assembly instructions.
5.4 Unless otherwise agreed in writing, painting, wallpaper and/or electrical installations as well as wall and ceiling installations are excluded from installation services.
5.5 When ordering the installation 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 authorised to carry out a proof of receipt after assembly and to take photographs for documentation purposes.
6. CONDITIONS AND PAYMENT
6.1 If you have a VAT identification number, goods can be paid for using the following payment methods: PayPal, credit card (VISA, Mastercard, American Express), Apple Pay, Google Pay (only available when ordering via web browser) and Klarna.
If you do not have a VAT identification number, you can choose from the following payment methods: PayPal, credit card (VISA, American Express), prepayment.
6.2 Westwing currently accepts several credit cards: VISA-Card and American Express. Westwing will charge your credit card for the invoice upon receipt of the order via our payment service provider Ayden N.V., Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam (registered in the Dutch Trade and Companies Register in 34259528).
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 is 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 register under company number R.C.S. Luxembourg B 118 349) (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available in https://www.paypal.com/es/webapps/mpp/ua/useragreement-full.
6.5 When paying through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (registered in the Swedish Trade and Companies Register under number: 556737-0431), the following payment options if you have the corresponding 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. COUPONS
7.1 Westwing offers several types of vouchers: Promotional Vouchers and Compensation Vouchers:
7.1.1 Promotional vouchers (e.g. "refer-a-friend voucher")
7.1.1.1 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 www.westwing.es during the specified period, but not for 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.
7.1.1.2 Vouchers that you have received as a new customer at 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 can only be redeemed by new customers.
7.1.1.3 Initial or new customer registration vouchers, which you receive once for registering on the website www.westwing.es to register in the store, can only be redeemed once for each business or professional customer account.
7.1.1.4 Only one promotional voucher can be redeemed per order. It is not possible to refund or credit the remaining balance of a promotional voucher if the value of the purchase is less than the value of the voucher.
7.1.1.5 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 within the scope of the statutory right of cancellation.
7.1.2 Proof of compensation
7.1.2.1 Compensation Vouchers are vouchers that cannot be purchased, but are issued by Westwing at its own discretion as compensation without acknowledging any legal obligation.
7.1.2.2 The rules relating to promotional bonuses shall apply accordingly.
7.2 In the event of a well-founded suspicion of fraud or other illegal or unlawful activities in connection with the purchase or redemption of a voucher, Westwing may block the relevant voucher code (also temporarily) or refuse redemption (also temporarily). In this case, you have the right to cancel the order.
7.3 Payment of the voucher amount is not possible, nor is it possible to transfer the value or compensate for purchases that have already been made, i.e. before the completion of the order process.
8. DELIVERY AND SHIPPING CONDITIONS
8.1 Deliveries are made only within Spain (excluding Ceuta, Melilla and the Canary Islands) to the delivery address provided by you.
8.2 The basic delivery times are communicated to you on the respective item detail page and are always only approximate, unless expressly agreed as binding. After the delivery time has expired, a delivery time later than the duration of the delivery time, but not exceeding 14 working days, will be activated without explanation.
8.3 The ordered goods will be shipped as a parcel or by a carrier, at Westwing's discretion and discretion.
8.4 Westwing is entitled to make partial deliveries and provide partial services if this is reasonable for you. This is the case if the partial delivery is usable for you within the scope of the contractual purpose, the delivery of the legally ordered goods is guaranteed and you do not incur significant additional costs or additional costs as a result (unless you agree to bear these costs).
8.5 Westwing does not assume any acquisition risk, in particular not in the case of a generic purchase. Westwing is only obliged to supply from stock of goods or goods ordered from suppliers. Westwing's supply obligation does not apply if Westwing does not receive the supply, does not receive it in full or does not receive it on time despite an existing coverage transaction with the respective supplier and is not responsible for it. Westwing will inform you immediately and communicate the new expected delivery time. If the new delivery time is not acceptable to you or the goods are no longer available within the new delivery time or at all, Westwing and you are entitled to terminate the contract in respect of the goods in question; In this case, we will immediately refund any consideration already paid.
8.6 Westwing shall not be liable for any failure or defective performance of its obligations under this agreement if and to the extent that this is due to the occurrence of force majeure, without prejudice to the fact that Westwing shall use its best endeavours to minimise the consequences of such an event.
Force majeure includes all unforeseen events or events which – even if foreseeable – are beyond Westwing's control and the impact on the performance of the contract could not have been avoided by Westwing's reasonable efforts. This includes, but is not limited to, war, riot, rebellion, military or civil coup, insurrection, civil commotion, riot, embargo, governmental order, fire, flood, storm surge, hurricane or other severe weather event of catastrophic proportions, earthquake, lightning, pandemic, epidemic, nuclear hazard, or any similar cause beyond Westwing's control that makes it illegal, impossible, or economically impracticable to enforce or enforce the obligations set out in these GTC. If a force majeure event occurs, Westwing is obliged to inform you immediately. Westwing is exempt from its obligation to provide services for the duration of the event. Delivery and delivery times will be extended appropriately. If the force majeure lasts longer than 8 weeks, Westwing and you have the right to terminate the contract.
8.7 If delivery of the goods fails for reasons for which you are responsible, Westwing is entitled to charge you for the costs of a re-delivery as well as reasonable storage costs from the day of the failed delivery. Redelivery is subject to a charge even if the initial delivery was free to you. We will inform you of the additional costs before the new delivery and will only carry out the delivery with your consent. Westwing reserves the right to terminate the contract if you do not consent to a new delivery within 7 days. In this case, Westwing will refund the payments you have already made.
8.8 The delivery of an order presupposes that there are no outstanding debts.
8.9 If the delivery period is extended or if Westwing is released from its obligation, no claim to damages may arise from this, without prejudice to the provisions of Section 10. The customer may only invoke the above circumstances if he immediately informs Westwing.
9. WARRANTY, LIABILITY AND TRANSPORT DAMAGE
9.1 You are obliged to inspect the goods immediately and carefully, i.e. individually, for defects in quantity or quality. You must immediately report all defects in writing. Defects that cannot be discovered within this timeframe, even after careful inspection, must be reported to Westwing in writing immediately upon discovery.
9.2 Usual or minor deviations, technically unavoidable, in quantity, quality, colour, width, weight, equipment or design shall not be considered defects.
9.3 In the event of defects, Westwing has the right to choose between repair or replacement. Westwing's right to refuse further performance under legal requirements remains unaffected.
9.4 If the rectification fails after a reasonable period of time, you may, at your discretion, demand a price reduction or terminate the purchase contract. The latter is excluded in the case of only insignificant deviations in quality.
9.5 The only person entitled to exercise or claim warranty claims against Westwing is the direct customer. These rights are not transferable or assignable. They expire 12 months after delivery.
9.6 Except as otherwise stated in the following provisions, the provisions of legal liability for defects shall apply.
9.7 Claims for damages are excluded. Claims for damages arising from injury to life, limb or health or 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. In the event of a breach of essential contractual obligations, Westwing shall only be liable for foreseeable damages typical of the contract if these have been caused by simple negligence.
9.8 The above limitations of liability do not apply if Westwing has fraudulently concealed the defect or assumed a warranty for the goods. The provisions of the Product Liability Act remain unaffected.
9.9 Claims for damages due to obvious material defects in the delivered goods are excluded if you do not notify us of the defect within two weeks of delivery of the goods.
9.10 The following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from the delivery of the goods.
9.11 If the goods are delivered with obvious damage to the packaging or contents, please immediately make a complaint to the courier concerned and contact Westwing Customer Service (service@westwing.es). The complaint has no effect on your warranty rights, but it makes it easier for Westwing to enforce its rights against the delivery person.
10. WARRANTIES
10.1 An additional warranty only exists if explicitly stated and described on the product detail page.
10.2 Drawings, illustrations, dimensions, weights or other performance data do not constitute promises or warranties and are only binding if expressly agreed.
10.3 Quality agreements take precedence over other objective requirements.
11. 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).
12. RESERVATION OF TITLE
12.1 Goods delivered by Westwing shall remain the property of Westwing until full payment has been received. You have the right to sell the merchandise in the ordinary course of business, as long as you are not in default. Pledge or assignment as a guarantee is not permitted. In the event of resale, the customer assigns the resulting right to the buyer to Westwing as a guarantee. The same applies to other claims that replace the supplied goods or otherwise arise in relation to the goods supplied, such as insurance claims or claims arising from unauthorised actions in the event of loss or destruction. Westwing revocably authorizes you to collect claims assigned to Westwing on your own behalf. Westwing may only revoke this direct debit authorisation in the event of liquidation.
12.2 If third parties gain access to the goods without authorisation, you will immediately point out Westwing's ownership and inform Westwing so that Westwing can enforce its rights.
13. SERVICE AND COMPLAINTS
Your satisfaction is very important to us. That is why we strive to process your request(s) as quickly as possible and to contact you as soon as we receive your request. For service inquiries, please contact Westwing Customer Service:
Westwing GmbH Moosacher Straße 88 80809 Munich
Email: service@westwing.es
Tel: +34 932 200 230 and 931 221 198
14. DISCLAIMER FOR HYPERLINKS
To the extent that www.westwing.es refers to websites of other providers via hyperlinks, Westwing has no control or influence over their content, does not adopt them as its own and assumes no warranty or liability for their content. The respective provider or operator of these pages is always responsible for their content. As soon as Westwing becomes aware of legal violations on the websites of other providers, the corresponding hyperlinks in www.westwing.es will be removed immediately.
15. DATA PROTECTION
For all questions regarding the protection of your data, please refer to Westwing's privacy policy at https://www.westwing.es/i/privacy_policy/
16. RIGHTS TO USE GRAPHIC MATERIAL IN WWW.WESTWING.ES
The content of this website, including text, graphics, photos, illustrations, images, videos, sounds and software, is protected by copyright. Downloading or use for private purposes is permitted. The publication, transmission, reproduction or any other use of the content is not permitted.
All rights to use the artwork of www.westwing.es belong to Westwing or our partners. The use of the graphic material, in any form, without the express consent of Westwing is prohibited.
All Westwing trademarks used on the Website are – unless otherwise stated – our trademarks and may not be used without the prior written consent of Westwing.
17. CODE OF CONDUCT
You agree to comply with the Westwing Business Partner Code of Conduct as amended from time to time (available on https://ir.westwing.com/websites/westwing/English/5500/compliance.html). Failure to comply with the Business Partner Code of Conduct constitutes a material breach of contract that entitles Westwing to terminate or terminate the contract for cause.
18. ALTERNATIVE DISPUTE RESOLUTION
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS) on the Internet pursuant to Art. 14 (1) ODR Regulation. You can find it here .
Westwing GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
19. AMENDMENTS TO THE C&CS
Westwing reserves the right to make changes to the website, rules, terms and conditions, including these GTC at any time. The terms and conditions in effect at the time of your order will apply to your order, unless a change to these terms and conditions is required by law or by governmental order (in which case they will also apply to orders you have previously placed).
20. FINAL PROVISIONS
20.1 These GTC are subject to the law of the Federal Republic of Germany. For disputes or litigation arising out of or relating to the use of www.westwing.es, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
20.2 In the event that one provision is void or ineffective, the other provisions shall remain valid. The relevant legal provisions shall apply in place of the invalid or ineffective provisions.
Your Westwing GmbH Moosacher Str. 88 80809 Munich
Status: 12.09.2024