The Westwing Collection Days: Up to -50% on Interior Highlights >

Terms and conditions

Unbinding AI generated Convenience Translation to English

in the wording effective from 11.12.2024

Below we present the Terms and Conditions of the Westwing Website and Application (hereinafter referred to as the "Terms and Conditions").

The Terms and Conditions apply to the Westwing website, operated at www.westwing.pl, and to the Westwing App.

Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and place an order for the purchase of Westwing goods by the User.

1. GENERAL PROVISIONS AND SCOPE

1.1 The Website and the App are operated by Westwing GmbH, with its registered office in Munich, Moosacher Str. 88, 80809 Munich, Federal Republic of Germany, registered in the German Commercial Register under number: HRB 191901

1.2 The Terms and Conditions define the rules for making purchases and providing services electronically on the Website and in the Application.

1.3 Westwing can be contacted by traditional mail, at the address of the registered office indicated above, by e-mail, by sending a message to the e-mail address: service@westwing.pl, or by phone, from Monday to Friday on working days from 8.00 a.m. to 6.00 p.m., and on Saturdays from 9.00 a.m. to 3.00 p.m. by calling (22) 290 3000. Communication is conducted in Polish.

1.4 Westwing has designated and operates a single point of contact that enables direct communication – electronically – with the authorities of the Member States, the Commission and the Digital Services Board, at the e-mail address: service@westwing.pl. Communication is conducted in Polish or English.

1.5 Westwing does not charge any fees for communication with the User using means of distance communication, and the User will bear the costs of such communication in the amount resulting from the agreement concluded with the third party providing the User with a specific service enabling distance communication. Westwing is not a provider of data transmission or telecommunications services.

1.6 The Terms and Conditions are addressed to both Consumers, Entrepreneurs with consumer rights, Users and to Entrepreneurs using the Website or the Application, and define the rules of using the Website and the Application as well as the rules and procedure for concluding Distance Agreements with Buyers concluded via the Website or the Application, unless separate General Terms and Conditions for B2B entrepreneurs apply.

2. DEFINITIONS

"Application" – software called "Westwing – Furniture and Decorations" (Google Play) or "Westwing" (App Store), made available to the User by Westwing for installation on the User's mobile device and allowing, in particular, the use of the Website without the need to launch a web browser.

"Working day" – all days of the week, except Saturdays, Sundays and public holidays in the territory of the Republic of Poland.

"DSA" – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).

"Discount Voucher" – a bearer voucher in electronic form with a specified expiry date, entitling the holder to purchase Products on the Website; The Discount Voucher is a payment card and is not an electronic money instrument within the meaning of applicable law.

"Product Card" – a single subpage of the Website or Application containing information about a single Product.

"Account" – a free Electronic Service made available to the User as part of the Website or the Application; a set of resources in the Westwing ICT system, marked with a login and password, assigned to the User after Registration, allowing the User to use additional functionalities/services of the Website or Application specified in the Terms and Conditions, as part of which the data provided by the Buyer and information about his/her activities within the Website or the Application are collected. The User logs in to their Account after Registration.

"Consumer" – a User who is a natural person concluding a Sales Agreement with Westwing as part of the Website that is not directly related to their business or professional activity.

"Cart" – a list of Products prepared from the Products offered on the Website based on the Buyer's choices.

"Buyer" – a User who is a Consumer, an Entrepreneur with consumer rights or an Entrepreneur who concludes a Sales Agreement with Westwing as part of the Website.

"Newsletter" – a free Electronic Service consisting in Westwing providing the User, with the User's prior consent, with information about the Products, the Website, the Application, promotions and other commercial information, to the e-mail address provided by the User (subject to the relevant consents).

"Privacy Policy" – a document specifying, among m.in, the rules for the processing of personal data of Buyers/Users by Westwing (as the personal data controller) and the rights of Buyers/Users and the obligations of the personal data controller, which can be found at: https://www.westwing.pl/i/privacy_policy/.

"Product" – goods that the Buyer can purchase through the Website, which are brand new goods, free from defects and legally introduced to the Polish market; in exceptional cases, where it is clearly indicated in the Product Sheet, used goods may be offered.

"Entrepreneur" – a User who is a natural person, a legal person or an organisational unit which is not a legal person, but which is granted legal capacity by a separate act, who conducts business activity on their own behalf, concluding a Sales Agreement with Westwing as part of the Website, related to their business or professional activity.

"Entrepreneur with consumer rights" – a User who is a natural person concluding a Sales Agreement with Westwing as part of the Website directly related to their business activity, if the content of the Sales Agreement indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

"Technical Break" – temporary disabling of the functionality of the Website or the Application in whole or in part, related to the failure of the Website or the Application, including the Application servers, or related to the need to maintain these servers or the modernisation or reconstruction of the Website or the Application, during which it is not possible to use all or selected Electronic Services.

"Terms and Conditions" – these Terms and Conditions specifying the rules for concluding Distance Sales Agreements via the Website, the rules for the performance of Sales Contracts, the rights and obligations of the parties to the Sales Contract and the rules of the complaint procedure, which in the scope of the use of the Westwing Website and Application and the provision of Electronic Services is the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.

"Registration" – creating an Account on the Website or in the Application.

"Website" – an online service operated by Westwing, located at www.westwing.pl through which the User may place an Order and through which Electronic Services may be provided.

"User Content" – any data or information generated or provided by Users as part of the use of the Website or the Application, e.g. reviews of purchased Products posted in Product Sheets or on Westwing's social media.

"Westwing Content" – any information, data, elements, materials, algorithms, diagrams, works, marks, logos, names, marks, symbols, descriptions, videos, and photos of Products originating from Westwing or its affiliated companies from the Westwing Group (the list of companies can be found here), regardless of their nature, format and manner of recording or representation.

"Sales Agreement" – a sales agreement within the meaning of the provisions of the Act of 23 April 1964 – the Civil Code, concluded with the use of means of distance communication and concerning the sale of Products by the Service Provider to the User for the payment of the price increased by possible shipping costs.

"Electronic Service" – all functionalities of the Website or Application made available to the User by Westwing, in particular the services described in section 18 of the Terms and Conditions, constituting services provided electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws No. of 2020, item 344, as amended).

"Westwing" – Westwing GmbH with its registered office in Munich, Moosacher Str. 88, 80809 Munich, Federal Republic of Germany, registered in the German Commercial Register under number: HRB 191901.

"User" – a natural person with full legal capacity or a legal person or an organizational unit without legal personality, acting through duly authorized persons, having an address for service in the territory of the Republic of Poland, who has completed the Registration and uses the services provided electronically on the Website or in the Application.

"Order" – the Buyer's declaration of intent submitted via the Website, specifying unambiguously: the type and quantity of Products, the method of delivery, the method of Payment, the Buyer's data, aimed directly at concluding a Sales Agreement between the Buyer and Westwing.

3. REGISTRATION AND ACCOUNT

3.1 Viewing the Products does not require the creation of an Account. Placing an Order by the Buyer is possible after creating an Account and completing the relevant data.

3.2 In order to create an Account, you need to register via the Website or the Application. Registration takes place by filling in and confirming the registration form in accordance with the descriptions of the form fields, providing your name, surname, login, e-mail address and password.

3.3 Upon completion of the Registration, the User receives a confirmation of the Registration via e-mail to the e-mail address provided by him/her. When access to the Account is made available to the User, an agreement for the provision of electronic services concerning the Account is concluded between Westwing and the User for an indefinite period of time. The User who is a Consumer or an Entrepreneur with the rights of a Consumer may withdraw from this agreement on the terms specified in the Terms and Conditions.

3.4 The User may register only one Account on the Website and in the Application. You may only use one Account at a time. If Westwing becomes aware that the User has created more than one Account or is using more than one Account at a time, Westwing may delete such Account.

3.5 The User is responsible for ensuring the completeness and truthfulness of the data provided by him/her.

3.6 The User is obliged to keep the data provided by him up to date. In the event of a change in the data provided during the Registration or use of the Website or the Application, the User must immediately update this data.

3.7 The User is obliged to maintain the confidentiality of their passwords and other access data and to protect their passwords and other access data from unauthorized third parties.

3.8 Through the Account, the User can view open, recently sent or completed Orders, including modifying open Orders if necessary, as well as manage their own data, discount coupons, newsletters and notifications and store them in an orderly manner.

4. USE OF THE WEBSITE AND APPLICATION

4.1 The agreement for the use of the functionalities of the Website or the Application connected to the Account, including m.in. browsing the Products, managing the functionalities and the Account, is concluded for an indefinite period of time at the time of Registration. You may terminate the Account service at any time by selecting the appropriate settings in your Account.

4.2 The use of the Website via a web browser is possible provided that the ICT system used by the User meets the following minimum technical requirements:

4.2.1 Internet access.

4.3 The User may use the Service via the Application. The Application connects to the Website via the Internet. The Application is digital content within the meaning of the Act of 18 July 2002 on the provision of electronic services.

4.4 A User who wishes to use the Website via the Application may download the Application free of charge from online stores with mobile applications, in particular:

4.4.1 Apple App Store, for mobile devices with iOS operating system;

4.4.2 Google Play/Play Store, for mobile devices with the Android operating system.

4.5 Downloading or using the Application downloaded from a source other than those indicated in clause 4.3 above may involve the risk of violating the integrity of the Application and "infecting" the Application or the User's mobile device with software that poses a threat to the security of the User's mobile device or the data stored on it, including personal data. Westwing recommends downloading the Application only from the sources indicated in point 4.4 above.

4.6 In order to use the Website via the Application, the User should:a) read and accept the Terms and Conditions and information about the Application made available as part of the source indicated in point 4.4 above, andb) download the Application from the source indicated in point 4.4 above, andc) install the Application on the User's mobile device by following the instructions displayed after starting the installation process or provided by the appropriate source indicated in point 4.4 above.

4.7 The use of the Application is possible provided that the mobile device used by the User meets the following minimum technical requirements:

4.7.1 having an Internet connection – in order to download the Application and in order to use the Application that requires connection to this network;

4.7.2 possession of a mobile electronic device, such as a smartphone or tablet, operating on the basis of one of the following operating systems:

4.7.1 Android version 7 or higher;

4.7.2 iOS version 13 or higher.

4.8. The technical requirements for operating systems set out in Section 4.7.2 above are the minimum requirements. To the best of Westwing's knowledge, it is also possible to use the Application via lower versions of operating systems than those listed in section 4.7.2 above, with only operating systems in the versions indicated in section 4.7.2 above ensuring the proper operation of the Application.

4.9 Westwing will make every effort to ensure that access to data from the Application's servers via the Application is possible 24 hours a day and 7 days a week, which does not exclude Westwing's right to order a Maintenance and temporarily limit or disable all or part of the above access.

4.10 If it is necessary to order a Technical Break, Westwing will inform the User about the expected date of the occurrence and duration of the Technical Break in a pop-up message displayed directly in the Application.

4.11 The User may uninstall (delete) the Application from their mobile device at any time through the settings of this device.

4.12 The User does not have any rights, including copyright or related rights, to the content, including Westwing Content, except for the right to use the content, including Westwing Content, in the manner specified in the Terms and Conditions and except to use the User Content posted by that User.

4.13 The User is not entitled to interfere in any way with the content, including Westwing Content, posted on the Website or the Application. The User may not make any changes, additions, modifications or other actions to the content, including the Westwing Content, except for those expressly permitted under the Terms and Conditions.

4.14 The User undertakes to use the Website or the Application in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general rules of netiquette, including:

4.14.1 not to post content that contains links to external websites, is promotional or advertising in nature, or contains data of third parties;

4.14.2 not to take actions such as sending or placing unsolicited commercial information (SPAM) on the Website or the Application.

4.14.3 use the Website or the Application in a manner that does not interfere with the functioning of the Website or the Application, respectively, in particular through the use of specific software or devices;

4.14.4 use the Website or the Application in a manner that is not inconvenient for other Buyers/Users and for Westwing;

4.14.5 The User is obliged to use any content posted on the Website or Application only for their own personal use.

4.15 The User grants Westwing and all Westwing affiliated companies in the Westwing Group a non-exclusive and royalty-free licence to use these works for an indefinite period of time within and outside the territory of the Republic of Poland by Westwing or the Westwing Group, which includes, in particular, making the work available to the public in such a way that anyone can access it in a place and at a time chosen by them (the Internet). The licence is granted in respect of all fields of exploitation known at the time of its granting.

4.16 The User is obliged not to provide or transmit content prohibited by law, including content that constitutes illegal content within the meaning of the DSA, or is otherwise inconsistent with good practice, law or the Terms and Conditions.

4.17 Westwing shall not be liable for disruptions, including interruptions in the functioning of the Website or the Application, caused by force majeure, unlawful actions of third parties or incompatibility of the Website or the Application with the User's technical infrastructure.

4.18 Westwing has no influence on the content to which hyperlinks on the Website or the App refer, and does not make them its own and does not assume any warranty or liability for it. The responsible party for such content is the respective provider or operator. In the event that Westwing becomes aware of violations of the law by the content of other providers or operators, Westwing will immediately remove the corresponding hyperlinks from the Website or the App.

4.19 Westwing informs that the use of services provided electronically, including Electronic Services, via the Internet is associated with risk. The main threat to every Internet user, including Users using Electronic Services, is the possibility of "infecting" the ICT system by various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses". In order to mitigate this risk, Users should use adequate technical measures that minimize threats, including in particular antivirus programs or programs protecting the identity of people using the Internet updated to the latest versions.

5. CONCLUSION OF THE AGREEMENT

5.1 The condition for placing an Order on the Website is to read the Terms and Conditions and accept their provisions.

5.2 The Website and the Application are conducted in the Polish language. Sales Contracts concluded via the Website are concluded only in Polish, in accordance with Polish law and the Terms and Conditions

.5.3 Any information available through the Website or the Application constitutes an invitation to submit an offer (Order) by the User and does not constitute an offer from Westwing within the meaning of the Civil Code.

5.4 The Parties conclude the Sales Agreement on the basis of the Order placed by the Buyer. The Order is placed after placing the Products selected by the Buyer in the Cart, selecting the delivery method and payment method and filling in the necessary Buyer's data by clicking the "Buy Now" button.

5.5 After the Buyer has correctly placed the Order, Westwing sends information about the Order to the Buyer's e-mail address. The information referred to in the preceding sentence is not a confirmation of acceptance of the Buyer's offer, but only information that Westwing has received the Order.

5.6 The Order is placed by means of the Buyer's statement sent electronically via the Website. Placing an Order via the Website is a burden for the Buyer and is binding on the Buyer if Westwing sends a confirmation of acceptance of the Order to the e-mail address provided by the Buyer, which constitutes a statement by Westwing that the Buyer's offer has been accepted. Westwing immediately confirms the acceptance of the Order for execution.

5.7 The Sales Agreement is concluded upon receipt of Westwing's confirmation of acceptance of the Order by the Buyer.

5.8 Orders can be placed 24 hours a day, 7 days a week via the Website.

5.9 Confirmation, sharing, recording, securing of all material provisions of the Sales Agreement in order to gain access to this information in the future takes place in the form of:

5.9.1 confirmation of the conclusion of the Order by sending to the indicated e-mail address: description of the Order along with an indication of the total value of the Order, information on the right to withdraw from the Sales Agreement, Terms and Conditions in version .pdf, template of the withdrawal form from the Sales Agreement in version .pdf, links to download the Terms and Conditions and template of withdrawal from the Sales Agreement;

5.9.2. attach to the completed Order, sent to the indicated place of release of printed Products: information on the right to withdraw from the Sales Contract and complaints, a template of the withdrawal form from the Sales Contract. Westwing sends the proof of purchase in the form of an electronic invoice to the Buyer's e-mail address provided when creating the Account or placing the Order.

5.11 The Buyer may correct or supplement the data provided in the Order by contacting Westwing in the manner indicated in point 1.3 of the Terms and Conditions above.

5.12 If the Buyer has provided incorrect or incomplete data in the Order, Westwing – as far as possible – contacts the Buyer in order to complete or correct the Buyer's data. If contact with the Buyer turns out to be impossible or very difficult, Westwing will cancel the Order placed by the Buyer within 5 business days from the moment of the first attempt to contact the Buyer, and if the attempt to contact the Buyer was impossible due to the lack of correct contact details, the Order will be cancelled after 7 calendar days, unless these data are completed by the Buyer within this period.

5.13 If the User has created an Account before placing an Order, he/she can view the Order data in the "My Orders" panel in the Account.

5.14 If the Buyer resigns from the execution of an Order that has already been paid for, Westwing shall refund the payment using the same method of payment as the one used by the Buyer when placing the Order.

6. PRICES AND SHIPPING COSTS

6.1 The Order is processed according to the prices specified on the relevant Product Card valid at the time of placing the Order by the Buyer.

6.2 Prices are gross prices (including VAT), are expressed in Polish zloty (PLN) and include the cost of packaging.

6.3 The prices do not include any additional charges, including delivery costs, which will be added after the selection of the delivery method (unless the Sales Contract in question qualifies for free delivery, of which the Buyer will be informed at the stage of placing the Order.

6.4 The final amount to be paid consists of the price for the Product and the cost of delivery.

6.5 Information about the total amount to be paid, including taxes and delivery costs and other costs is provided to the User when placing the Order, including immediately before placing the Order.

7. PAYMENT TERMS AND PERFORMANCE

7.1 The Buyer chooses the payment method at the time of placing the Order.

7.2 Westwing offers the following payment methods:

7.2.1 through the Stripe website, owned by Stripe Payments Europe Ltd with its registered office in Dublin, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 HD59 Ireland, registered in the Irish Trade Register under number: 3206488LH, in accordance with the terms of use of Stripe services available at: https://stripe.com/en-pl/legal/consumer, which allows the following payment methods:

7.2.1.1 via payment card (VISA, Mastercard, American Express);

7.2.1.2 via the ApplePay and GooglePay applications – available only when placing Orders using a web browser;

7.2.1.3 via the Przelewy24 service belonging to PayPo S.A. with its registered office in Poznań, Pastelowa 8, 60-198 Poznań, entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under KRS 0000347935, NIP 7792369887, with a share capital of PLN 5,476,300. 00, paid in full and entered into the Register of National Payment Institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014, in accordance with the terms and conditions of use of the Przelewy24 service available at: https://www.przelewy24.pl/regulamin, which allows payment by BLIK, payment card, PayPo, prepayment and traditional transfer from one of the indicated banks;

7.2.3 via Klarna, owned by Klarna Bank AB (publ) with its registered office in Stockholm, Sveavägen 46, 111 34 Stockholm, Sweden, registered in the Swedish Commercial Register under number 556737-0431, in accordance with Klarna's terms of service available at https://www.klarna.com/pl/zasady-i-warunki/, which allows the following payment methods:

7.2.3.1 "Pay in 30 days" – the service includes a 30-day deferral of payment, at no additional cost;

7.2.3.2 "Pay in 3 installments" – the service includes dividing the payment into three interest-free installments;7.2.3.3 Installment purchase with interest;

7.2.3.4 "Pay Now".

7.2.4 by bank transfer or online transfer via one of the payment systems accepted by Westwing;

7.2.5 via cash on delivery.

7.3 If a payment method involves an additional cost for the Buyer, Westwing informs the Buyer about this at the latest immediately before the Buyer places the Order.

7.4 For certain Products or categories of Products, only some of the payment methods set out in section 7.2 above are available. In particular, it is impossible to make a cash payment in the amount exceeding PLN 15,000.

7.5 The Paid Order is processed after the Buyer's payment is credited to the Westwing account. Westwing waits 5 working days from the moment of placing the Order for the Buyer to pay for it. If the Order is not paid within the time limit referred to in the preceding sentence, Westwing may withdraw from the Sales Agreement. Withdrawal from the Sales Agreement takes place by submitting to the Buyer, by e-mail to the e-mail address provided by the Buyer in the Order, a declaration of intent to withdraw. In the case referred to in the preceding sentence, the Order shall be deemed cancelled and neither the Buyer nor Westwing shall be obliged to any performance towards each other, in particular the payment of compensation or its surrogate, reimbursement of costs.

8. DISCOUNT VOUCHERS

8.1 Westwing offers three categories of discount vouchers: Gift Vouchers, Promotional Vouchers and Compensation Vouchers.

8.1.1 Gift Certificates

8.1.1 Gift Vouchers are vouchers that can be purchased on the Website and can only be redeemed through the Website, unless otherwise specified on the Gift Certificate. Gift Vouchers are sent to the User after placing the Order via e-mail to the e-mail address indicated in the Order.

8.1.1.2 Gift Vouchers have a validity period of 3 years, calculated from the date of purchase of the Gift Voucher, effective at the end of the last calendar year.

8.1.1.3 For technical reasons, the User may redeem up to five Gift Vouchers per Order. If you wish to place an Order using more than five Gift Vouchers, please contact Westwing Customer Service via the following e-mail address: service@westwing.pl. In this case, the Gift Vouchers will be converted into one Gift Card. The total value of the converted Gift Vouchers can then be redeemed in one Order.

8.1.1.4 Gift Vouchers may only be used to purchase Products and services; Gift Certificates cannot be used to purchase other Gift Certificates.

8.1.1.5 If the price of the Order exceeds the value of the Gift Voucher, the User may pay the difference using the payment methods offered by Westwing. If the price of the Order is lower than the value of the Gift Certificate, the User may use the remaining amount of the Gift Voucher for the next Order.

8.1.1.6 If the User withdraws from the Contract for the Sale of Goods concluded on the Website or in the Application with the use of a Gift Card, the User is not entitled to receive a refund of the price in cash or by transfer in the part in which the sale price was covered by the Gift Card. In this case, the gift card voucher will be reactivated to the extent that the gift card has paid for the returned goods.

8.1.1.7 The Gift Card is transferable to another User, subject to clause 8.2 below.

8.1.1.8 Lost, in particular stolen, Gift Voucher codes are non-refundable. Westwing is not responsible for lost Gift Voucher codes.8.1.2 Promotional Vouchers (including Refer-a-Friend Vouchers)

8.1.2.1 Promotional Vouchers are vouchers that cannot be purchased, but are issued free of charge as part of Sales Campaigns, and have a fixed validity period. Promotional Vouchers can only be redeemed via the Website, within a specified period; Promotional Vouchers do not apply to delivery costs, the cost of the payment method selected by the User. Promotional Vouchers may be subject to further individual redemption conditions that are provided to the User in connection with the award of a given Promotional Voucher.

8.1.2.2 A Promotional Voucher that a User has received in connection with Registration as a new User on the basis of an invitation from another User (the so-called "Refer-a-Friend" Voucher) can only be redeemed by a new User. If the User already has an Account, he/she cannot redeem the "Refer a friend" voucher.

8.1.2.3 Promotional Vouchers awarded in connection with the initial Registration and Promotional Vouchers awarded to new Users that a User receives once for Registration can only be redeemed once per User.

8.1.2.4 The User may only redeem one Promotional Voucher per Order.

8.1.2.5 Vouchers are linked to the minimum Order value. The value of the Order cannot be less than the amount on the Promotional Voucher. If the value of the Order is lower than the amount indicated on the Promotional Voucher, it is not possible to compensate for the difference and the remaining amount under the Promotional Voucher will be forfeited.

8.1.2.6 Vouchers are not transferable to third parties.

8.1.2.7 In the event of a full refund of Products paid for in whole or in part with a Voucher, the User will not receive a refund of the Voucher. In the event of a partial return of Products paid in full or in part with a Promotional Voucher, the value of the Promotional Voucher is divided proportionally to the value of the Order, i.e. in the case of returning some of the Products, the Promotional Voucher will be awarded in proportion to the value of the returned Products and will expire in proportion to the value of the retained Products. In case the Promotional Voucher is linked to a minimum Order value, it must also be achieved in the case of a partial return of the Products; otherwise, the proportional value of the Promotional Voucher will not be granted.

8.1.4 Compensation vouchers

8.1.4.1 Compensation Vouchers are vouchers that cannot be purchased, but are issued by Westwing at its own discretion as compensation without acknowledging any legal obligations.

8.1.4.2 The provisions relating to Vouchers shall apply accordingly.

8.2 Discount Vouchers may only be used by Buyers who are Consumers or Entrepreneurs with consumer rights, subject to the T&Cs for Entrepreneurs.

8.2 In the event of a justified suspicion of fraud or other illegal or illegal activities related to the purchase or redemption of the Voucher, Westwing may block the corresponding Voucher code (also temporarily) or refuse to redeem it (also temporarily). In this case, the User has the right to withdraw from the Sales Contract.8.3 Vouchers can only be used before placing an Order. It is not possible to use the Discount Voucher after placing an Order.

9. DELIVERY TERMS

9.1 Deliveries are made only on the territory of the Republic of Poland to the delivery address provided by the Buyer.

9.2 Westwing offers delivery of goods by one of the specialized courier companies.

9.3 Delivery takes place within the time specified in the Product Sheet, and for Orders consisting of multiple Products – within the longest period specified in the Product Sheets. The time limit begins to run at the moment of confirmation of acceptance of the Order. The delivery date is considered to have been met if the Products have been dispatched or handed over to the carrier on the day of expiry of this period at the latest.

9.4 Please note that if your data is not correct in accordance with clause XXX at the time of your order, we are no longer able to issue a correction invoice to correct the data after the order has been completed."

9.5 The User agrees that Westwing may send electronic invoices issued in accordance with the Value Added Tax Act of 11 March 2004, as amended and other relevant provisions of law, to the e-mail address indicated in the Order. The User has access to electronic invoices also through the Account. The User may withdraw consent to the use of electronic invoices by sending a statement to the following address: service@westwing.pl.

9.6 If the Buyer does not collect the delivery (which will result in the return of the Products to the Seller), Westwing may withdraw from the Sales Agreement. Withdrawal from the Sales Agreement takes place by submitting to the Buyer, by e-mail to the e-mail address provided by the Buyer in the Order, a declaration of intent to withdraw. In the case referred to in the preceding sentence, the Order shall be deemed cancelled and Westwing shall be obliged to immediately return to the Buyer everything it has received from the Buyer under the Sales Contract.

9.7 If Westwing fails to deliver within the time limit specified in the confirmation of acceptance of the Order, the User who is a Consumer may withdraw from the Sales Contract. Withdrawal from the Sales Agreement takes place by submitting a declaration of intent to withdraw from Westwing by e-mail to the following e-mail address: service@westwing.pl.

9.8 Before collecting the parcel, the Buyer should examine the parcel in time and in the manner accepted for this type of parcel, including verifying whether the packaging has not been damaged in transport (m.in. checking the condition of the tapes stuck on the parcel). If the Buyer finds that the packaging of the parcel bears signs of damage or the tapes are torn, or there has been a loss, destruction or damage to the Products during transport, the Buyer should not accept the parcel and contact Westwing immediately to clarify the matter.

10. WARRANTIES

Products may be covered by the manufacturer's or distributor's warranty. In such a situation, the detailed terms and conditions of the warranty and its duration are specified in the warranty card issued by the guarantor and attached to the Product. Westwing does not provide the Buyer with any additional warranty for the Product as a seller.

11. CONSUMERS' RIGHT OF WITHDRAWAL

11.1 The Buyer who is a Consumer or an Entrepreneur with consumer rights may withdraw from it without giving any reason and incurring costs, except for the costs provided for by law and indicated below, provided that they have been properly informed about the necessity to incur them when placing the Order.11.2 The Buyer has the right to withdraw from the Sales Agreement within 14 calendar days from the moment of delivery of the Products to the Buyer or to a third party (other than the carrier) indicated by the Buyer, and in the case of other agreements – from the date of their conclusion. In order to meet the deadlines referred to in the preceding sentence, it is sufficient for the Buyer to send a statement of withdrawal from the Sales Agreement before their expiry.11.3 The Buyer may submit a statement of withdrawal from the Sales Agreement in any way. In particular, the statement of withdrawal from the Sales Agreement may be sent by traditional mail to the following address: Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany, or by e-mail by sending the statement to the following address: service@westwing.pl, or submitted by phone at: 48 (22) 290 3000. The statement can be submitted on the form, the template of which is attached as Appendix 2 to the Act of 30 May 2014 on consumer rights, or on the form indicated below, but it is not obligatory.

Withdrawal form from the Sales Agreement

(If you wish to withdraw from the Sales Contract, please fill in and return this form):

  • I/We (*) hereby withdraw (*) from the Contract for the Sale of the following Products (*) / the provision of the following service (*) concluded by me/us (*):

  • Ordered on (*) / received on (*):

  • Name and surname of the Consumer(s):

  • Address of the Consumer(s):

  • Signature of the Consumer(s): (- only in the case of a statement made in writing)

  • Date:

(*) Delete as appropriate.

11.4 Westwing shall immediately confirm to the Buyer the receipt of the statement of withdrawal from the Sales Agreement via e-mail sent to the e-mail address provided when placing the Order.

11.5 The Buyer does not have the right to withdraw from the Sales Agreement in relation to the agreements indicated in Article 38 of the Act of 30 May 2014 on consumer rights, including, among others, the following agreements:

11.5.1 the subject of which is a non-prefabricated Product, manufactured according to the Buyer's specification or used to meet the Buyer's individual needs;

11.5.2 the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the packaging has been opened after delivery;

11.5.3 the subject of which is a Product that deteriorates quickly or has a short shelf life, and the subject of which is Products which, after delivery, due to their nature, are inseparably connected with other things.

11.6 If the Buyer is an Entrepreneur with consumer rights and exercises the right to withdraw from the Sales Agreement, Westwing has the right to verify whether the Sales Agreement concluded by the Buyer was of a professional nature for the Buyer and whether the withdrawal from the Sales Agreement was possible. Westwing reserves that if the conditions referred to in the preceding sentence are not met, it is entitled to disregard the declaration of such Buyer on withdrawal from the Sales Agreement.

12. CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

12.1 In the event of withdrawal from the Sales Contract, the Sales Contract is deemed not to have been concluded.

12.2 The Buyer is obliged to return the Westwing Products or hand them over to a person authorised by Westwing to collect them immediately, but not later than 14 calendar days from the date on which the Buyer withdraws from the Sales Contract, unless Westwing has offered to collect the Products itself. In order to meet the deadline referred to in the preceding sentence, it is sufficient to send back the Products before its expiry. Products should be sent back to:

Westwing GmbH

Westwing European Logistics Centre

Stachowska 17C62-023 Robakowo

Poland

12.3 Westwing shall return to the Buyer all payments received from the Buyer, including delivery costs, immediately, no later than within 14 calendar days from the date of receipt of the Buyer's statement of withdrawal from the Sales Agreement. In order to refund the payment, Westwing refunds the payment using the same method of payment as the Buyer, unless the Buyer has expressly agreed to another method of refund that does not involve any costs for the Buyer.

12.4 In the event that the Buyer has chosen a method of delivery of the Products other than the cheapest standard delivery method offered by Westwing, Westwing shall not be obliged to reimburse the Buyer for any additional costs incurred by the Buyer.

12.5 If Westwing has not offered to collect the Products from the Buyer itself, Westwing may withhold the refund of payments received from the Buyer until the Buyer receives the Products back or the Buyer provides proof of sending it back, whichever occurs first.

12.6 Upon withdrawal from the Sales Agreement, the related additional agreements concluded by the Buyer expire if the performance is performed by Westwing or a third party on the basis of an agreement with Westwing.

12.7 If the Buyer has made a statement of withdrawal from the Sales Contract before Westwing has accepted the Buyer's offer, the offer shall cease to be binding.

12.8 The Buyer shall be liable for any decrease in the value of the Products resulting from the use of the Products beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. Exceeding the above limits does not render the withdrawal from the Sales Agreement ineffective.

13. VOLUNTARY RIGHT OF RETURN FOR CONSUMERS

13.1 Without prejudice to the statutory right to withdraw from the Sales Agreement referred to in points 11-12 above, Westwing grants the Buyer a voluntary right to return the Products within 30 calendar days of their receipt. The voluntary right of return referred to in the preceding sentence allows the Buyer to withdraw from the Sales Agreement also after the expiry of the 14-calendar day period provided for statutory withdrawal from the Sales Agreement (see point 11.2 above) by returning the Products to Westwing within 30 days of their receipt.

13.2 The voluntary right of return is conditional on the return of the Products complete, in their original condition, undamaged and in their original packaging. In the event that we do not, Westwing reserves the right to refuse to accept the return.

13.3 In the event that the subject of the Sales Contract are Products delivered in sealed or sealed packaging, Westwing reserves the right to refuse to accept the return if, after delivery of such Products, their packaging has been opened or the seal has been removed or destroyed.

13.4 In the event of the return of the Products under the voluntary right of return, the risk of transport shall be borne by the Buyer.

13.5 The voluntary right of return does not apply to the purchase of Gift Cards.

13.2 In order to refund the payment, Westwing will refund the payment using the same method of payment as the Buyer, unless the Buyer has expressly agreed to another method of reimbursement that does not incur any costs for the Buyer.13.3 Compliance with the requirements set out in this clause does not affect the statutory right of withdrawal from the Sales Contract (see clauses 11-12 above) and shall apply independently of it. Until the statutory right to withdraw from the Sales Agreement expires, only the statutory conditions specified therein shall apply. The contractually granted (voluntary) right to withdraw from the Sales Agreement does not limit the statutory warranty rights.

14. REFUND OF DELIVERY AND SERVICE COSTS IN THE EVENT OF PARTIAL WITHDRAWAL FROM THE CONTRACT

14.1 In the event of withdrawal from the Sales Agreement only with respect to some of the Products covered by the Order (partial withdrawal), Westwing shall refund payments for the Products to which the withdrawal relates, including delivery costs.

14.2 If, however, (part of) the delivery costs were incurred if the User had only ordered Products for which the User had not withdrawn from the Sales Contract, these are excluded from the refund.

15. RESERVATION OF TITLE

The Products remain the property of Westwing until the price is paid in full in accordance with the Sales Agreement.

16. NON-CONFORMITY OF THE PRODUCT WITH THE SALES CONTRACT AND COMPLAINTS

16.1 In the event of non-compliance of the Product with the Sales Agreement, the Buyer, who is a Consumer or an Entrepreneur with consumer rights, has the right to file a complaint based on the provisions of the Act of 30 May 2014 on consumer rights, subject to section 16.1.

16.2 If the Buyer is an Entrepreneur who is not a Entrepreneur with the rights of a consumer, liability under the warranty is excluded and the provisions of this clause do not apply.

16.3 Westwing shall not be liable for the lack of conformity of the Product with the Sales Contract if the Buyer, at the latest at the time of concluding the Sales Contract, has been expressly informed that a specific feature of the Product deviates from the requirements of compliance with the Sales Contract and has expressly accepted the lack of a specific feature of the Product. This may be the case for m.in outlet products (designated as "Outlet" or equivalent, respectively).

16.4 A complaint may be submitted in any form. In particular, a complaint can be sent via e-mail to the following address: service@westwing.pl, or via traditional mail to the following address: Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany.

16.5 In order to efficiently process the complaint, Westwing recommends that the complaint include at least a brief description of the reported non-compliance, the circumstances of the reported non-compliance (including the date), the Buyer's data (including the name under which the Buyer appears on the Website or e-mail address) and a specific request of the Buyer in connection with the non-compliance of the Product with the Sales Agreement. If the data or information provided in the complaint need to be supplemented, Westwing will immediately ask the Buyer to supplement them in the indicated scope. Along with such a notification, the Buyer will be sent information on how to fill in the gaps in the complaint.

16.6 If the non-conformity of the Product with the Sales Contract was found before the lapse of 2 years from the moment of handing over the Product to the Buyer or a person indicated by the Buyer (other than the carrier), it is assumed that this non-compliance existed at the time of handing over the Product to the Buyer or a person indicated by the Buyer (other than the carrier).

16.7 The Buyer may:16.7.1 request repair or replacement of the Product, whereby:

16.7.1.1 in the event that bringing the Product into conformity with the Sales Contract in the manner chosen by the Buyer is impossible or would require excessive costs for Westwing, Westwing may – at its discretion – replace the Product (instead of repairing it) or repair the Product (instead of replacing it);

16.7.1.2 in the event that both the repair of the Product and the replacement of the Product are impossible or would require excessive costs for Westwing, Westwing may refuse to bring the Product into conformity with the Sales Contract; when assessing the excessiveness of costs, Westwing takes into account all the circumstances of the case, in particular the significance of the lack of conformity of the Product with the Sales Agreement, the value of the Product in accordance with the Sales Agreement and excessive inconveniences for the Buyer resulting from a change in the method of bringing the Product into conformity with the Sales Agreement;

16.7.2 demand a reduction in the price of the Product, and in the event of a material non-compliance of the Product – withdrawal from the Sales Contract, whereby:

16.7.2.1 The Buyer may submit such a request if:

16.7.2.1.1 Westwing has refused to repair the Product or replace the Product;

16.7.2.1.2 Westwing has failed to repair the Product or replace the Product;

16.7.2.1.3 Westwing has attempted to repair or replace the Product, but the Product is still not in conformity with the Contract of Sale;

16.7.2.1.4 Westwing has stated that it will not repair the Product or replace the Product within a reasonable time or without undue inconvenience to the Buyer;

16.7.2.2 if the lack of conformity of the Product with the Sales Contract is material, the Buyer may demand a price reduction or withdrawal from the Sales Contract also without first exercising the right to demand repair of the Product or replacement of the Product.

16.8 With regard to Products purchased before 31 December 2022 and having a defect, the Buyer may:

16.8.1 demand the replacement of the Product with a defect-free Product or removal of the defect in the Product, whereby:

16.8.1.1 Westwing may refuse to comply with a request selected by the Buyer on the condition that the relevant request indicated by the Buyer is impossible to comply with or requires excessive costs; in the case referred to in the preceding sentence, the Buyer may change his choice – instead of repairing the Product, request its replacement and vice versa; when assessing the excessiveness of costs, Westwing takes into account the value of the Product free from defects, the type and significance of the defect found, and also takes into account the inconveniences to which the Buyer would be exposed by any other method of satisfaction;

16.8.2 submit a statement on the demand for a price reduction or submit a statement on withdrawal from the Sales Agreement, provided that the Buyer may submit such a request unless Westwing has replaced the defective Product with a Product free of defects or has not removed the defect in the Product immediately and without undue inconvenience to the Buyer, unless the Product has already been replaced or repaired by Westwing or Westwing has not complied with the obligation to replace the Product with a Product free of defects or to remove the defect in the Product.

16.9. Westwing shall respond to the complaint within 14 calendar days from the date of its receipt. A response to the complaint is sent via e-mail to the e-mail address or correspondence address, according to the User's instruction indicated in the complaint.

16.10 The Buyer makes available to Westwing the Product to be repaired or replaced. Westwing collects the Product from the Buyer at its own expense. If, due to the type of Product or the method of its installation, it would be excessively difficult for the Buyer to deliver the Product, the Buyer is obliged to make the Westwing Product available at the place where the Product is located.

16.11 Westwing shall repair the Product or replace the Product within a reasonable period of time, counted from the moment of receipt of information from the Buyer about the lack of conformity of the Product with the Agreement, and without undue inconvenience to the Buyer, taking into account the specificity of the Product and the purpose for which the Buyer purchased it.

16.12 The costs of repairing the Product or replacing the Product shall be borne by Westwing.

16.13 If the Product has been installed before the non-conformity of the Product with the Sales Contract becomes apparent, Westwing disassembles the Product and reassembles it after repair or replacement.

16.14 The reduced price of the Product should remain in such proportion to the price of the Product resulting from the Sales Contract as the value of the Product not in conformity with the Sales Contract remains to the value of the Product in accordance with the Sales Contract.

16.15 Westwing shall return to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 calendar days from the date of receipt of the Buyer's statement on the reduction of the price of the Product.

16.16 In the event of withdrawal from the Sales Agreement, the Buyer is obliged to return the Westwing Products immediately, but not later than 14 calendar days from the date on which the Buyer withdrew from the Sales Agreement. Products should be sent back to:

Westwing GmbH

Westwing European Logistics Centre

Stachowska 17C62-023 Robakowo

Poland

16.17 Westwing shall refund the price to the Buyer immediately, no later than within 14 calendar days from the date of receipt of receipt of the Products or proof of their return. Westwing will refund the price using the same method of payment as the Buyer, unless the Buyer has expressly agreed to another method of refund that does not involve any costs for the Buyer.

16.18 The Buyer may not withdraw from the Sales Agreement if the defect is insignificant.

17. PROVISION OF DIGITAL CONTENT/SERVICES WITHIN THE WEBSITE OR THE APP

17.1 As part of the Website or Application, Westwing provides services which, in the scope of services provided by electronic means, including Electronic Services, constitute digital services within the meaning of the provisions of the Act of 30 May 2014 on consumer rights, including:

17.1.1 browsing the Products;

17.1.2 concluding Distance Sales Agreements;

17.1.3 maintaining the Account;

17.1.4 sending messages via email or the App;

17.1.5 sending the newsletter via e-mail or the App;

17.1.6 adding reviews and ratings for purchased Products;

17.1.6 sending messages via e-mail or the Application, in which Westwing confirms receipt of the Order, or receipt of payment, acceptance of the Order for processing, the course of the Order and the course of the complaint, and requests opinions and ratings;

17.1.7 other services provided by electronic means within the meaning of the Act of 18 July 2002 on services provided by electronic means, which are available on the Website or in the Application.

17.2 Westwing will provide you with digital content or digital services immediately after entering into a contract for the supply of digital content or digital services.

17.3 Digital content is deemed to have been delivered at the time the digital content is made available to you or downloaded to your mobile device, or when you or your mobile device have accessed it. A digital service is deemed to have been delivered at the time you or your mobile device accessed it.

17.4 If the User is an Entrepreneur who is not a Entrepreneur with the rights of a consumer, liability under the warranty is excluded and the provisions of this clause do not apply.

17.5 You may withdraw from a contract for the supply of digital content or a digital service if:

17.5.1 despite the User's request from Westwing to provide them, Westwing has not delivered the digital content or digital service to that User immediately or within an additional period expressly agreed by the User and Westwing;

17.5.2 it is clear from Westwing's statement that it will not provide digital content or digital service;

17.5.3 Westwing and the User have agreed that a specific deadline for the delivery of digital content or digital service was material to the User and Westwing did not deliver it within that timeframe.

17.6 If the User withdraws from the contract for the supply of digital content or digital services, the provisions of clauses 17.19-17.23 shall apply accordingly.

17.7 Westwing informs the User of updates necessary to bring the digital content or digital service into conformity with the contract and delivers them to the User for the period of:

17.7.1 the supply of digital content or a digital service as defined in the contract under which the supply is on a continuous basis;

17.7.2 reasonably expected by you, taking into account the type of digital content or digital service and the purpose for which it is used, and the circumstances and nature of the contract, if that contract provides for the provision of digital content or digital service on a one-off or part basis.

17.8 Westwing shall not be liable for the non-conformity of digital content or digital service with the contract if the User does not install the updates provided by Westwing in accordance with section 17.7 within a reasonable time, provided that:

17.8.1 Westwing has informed the User of the update and the consequences of not installing it;

17.8.2 the failure to install or improper installation of the update was not due to errors in the installation instructions provided by Westwing.

17.9 Westwing shall not be liable for the lack of conformity of the digital content or digital service with the contract to the extent referred to in section 17.8 above, if the User, at the latest at the time of conclusion of this contract, has been expressly informed that a specific feature of the digital content or digital service deviates from the requirements for compliance with the contract to the extent referred to in section 18.8 above, and explicitly and separately accepted the absence of a specific feature of the digital content or digital service.

17.10 If the digital content or digital service does not comply with the contract, you may request that it be brought into conformity with the contract. Westwing is obliged to bring the digital content or digital service into compliance with this agreement within a reasonable time and without undue inconvenience to the User, taking into account its nature and the purpose for which it is used.

17.11 Westwing shall be liable for the non-conformity of the Digital Content or Digital Service with the contract for the supply in one lump sum or in parts, which existed at the time of its delivery and became apparent within two years from that moment. Westwing is liable for the non-conformity of the digital content or digital service with the contract for continuous supply that occurred or became apparent at the time at which it was to be supplied under that contract.

17.12 A complaint regarding the non-compliance of digital content or digital services with the contract may be submitted in any form. In particular, a complaint can be sent via e-mail to the following address: service@westwing.pl, or via traditional mail to the following address: Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany.

17.13 In order to efficiently handle the complaint, Westwing recommends that the complaint include at least a concise description of the reported non-compliance, the circumstances of the reported non-compliance (including the date), and the User's data (including the name under which the User appears on the Website or e-mail address). If the data or information provided in the complaint need to be supplemented, Westwing will immediately ask the User to supplement them to the extent indicated. Along with such a notification, the User will be sent information on how to fill in the gaps in the complaint.

17.14 Westwing may refuse to bring digital content or digital services into conformity with this Agreement if it is impossible or would require excessive costs to Westwing. When assessing the excessiveness of costs, Westwing takes into account all the circumstances of the case, in particular the significance of the non-conformity of the digital content or digital service with the contract, the value of the digital content or digital service in conformity with that contract.17.15 The costs of bringing the digital content or digital service into conformity with the agreement shall be borne by Westwing.

17.16 The User may submit a statement on price reduction or withdrawal from the agreement if:

17.16.1 it is impossible or requires excessive costs to bring the digital content or digital service into conformity in accordance with paragraph 17.14 above;

17.16.2 Westwing has failed to bring the Digital Content or Digital Service into conformity in accordance with clauses 17.10 and 17.14 above;

17.16.3 the Digital Content or Digital Service is not in conformity with the Agreement even though Westwing has attempted to bring the Digital Content or Digital Service into conformity;

17.16.4 the lack of conformity of the Digital Content or Digital Service with the Agreement is so significant that it justifies a reduction in the price or withdrawal from the Agreement without prejudice to paragraph 17.10 above;

17.16.5 it is clear from Westwing's statement or circumstances that it will not bring the digital content or digital service into conformity within a reasonable time or without undue inconvenience to you.

17.17 The reduced price shall be in proportion to the price resulting from the contract in which the value of the non-conforming digital content or digital service remains to the value of the digital content or digital service in conformity with the contract. If the contract states that the digital content or digital service is to be supplied in parts or on a continuous basis, the price reduction should take into account the time during which the digital content or digital service was not in conformity with the contract.

17.18 You may not withdraw from a contract if the Digital Content or Digital Service is provided in return for payment of a price and the non-conformity of the Digital Content or Digital Service with the contract is negligible.

17.19 After withdrawal from the contract, Westwing may not use content other than personal data provided or produced by the User in the course of using digital content or digital services provided by Westwing, except for content that:

17.19.1 is only useful in connection with the digital content or digital service that was the subject of the contract;

17.19.2 relate only to your activities when using the digital content or digital service that was the subject of the contract;

17.19.3 have been combined by Westwing with other data and cannot be disconnected without undue difficulty;

17.19.4 have been created by the User jointly with other Users who can still use them.

17.20 Westwing may not demand payment for the time during which the digital content or digital service was not in conformity with the contract, even if the User actually used it before the withdrawal from the contract.

17.21 Westwing will only refund the price for the content or digital service that is not in conformity with the contract and the digital content or digital service that the obligation to supply has been waived as a result of the withdrawal from the contract.

17.22 Westwing is obliged to refund the price due as a result of exercising the right to withdraw from the agreement or reduce the price immediately, no later than within 14 days from the date of receipt of the User's statement on withdrawal from the agreement or price reduction.

17.23 Westwing will refund the price using the same method of payment as the User, unless the User has expressly agreed to another method of reimbursement that does not involve any costs for the User.

17.24 The provisions of this section shall apply only to the extent of the provisions of these Terms and Conditions relating to digital content and services.

18. PROTECTION OF PERSONAL DATA

18.1 Westwing is the controller of the personal data provided by the User as part of the Registration. Westwing is responsible for the lawful processing of the User's personal data, the rules for collecting, processing and storing the User's personal data, as well as the implementation of the User's rights related to the processing of their personal data.

18.2 Personal data is processed for the purpose of performing the contract for the supply of digital content or digital services and Sales Contracts, fulfilling other legally justified purposes of the controllers or recipients of personal data and for the purposes to which the Users will consent (including marketing purposes).

18.3 The User has the right to access the content of personal data and to rectify and supplement them. Providing data is voluntary.

18.4 Detailed rules for the processing of personal data are described in the Privacy Policy in Westwing's Privacy Policy at https://www.westwing.pl/i/privacy_policy/.

19. POSSIBILITY OF OUT-OF-COURT DISPUTE RESOLUTION

19.1. The User who is a Consumer or an Entrepreneur with consumer rights may use out-of-court methods of handling complaints and pursuing claims, i.e.:

19.1.1 out-of-court resolution of consumer disputes conducted by the competent Provincial Inspectorate of Trade Inspection (e.g. https://wiih.org.pl/konsument/postepowanie-polubowne/);

19.1.2 Online Dispute Resolution (ODR) online platform, i.e. the European platform for online dispute resolution operating under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, available at: http://ec.europa.eu/consumers/odr/; the ODR platform is a source of information on forms of out-of-court settlement of disputes that may arise between entrepreneurs and consumers;

19.1.3 a permanent consumer arbitration court, referred to in Article 37 of the Trade Inspection Act of 15 December 2000, with a request to resolve a dispute arising from an agreement concluded with Westwing (e.g. https://wiih.org.pl/staly-sad-polubowny/informacje-ogolne/);

19.1.4 mediation proceedings conducted by the Provincial Inspector of Trade Inspection regarding the amicable settlement of the dispute between the Buyer and Westwing, in accordance with Article 36 of the Trade Inspection Act of 15 December 2000 (e.g. https://wiih.org.pl/konsument/postepowanie-polubowne/);

19.1.5 assistance of the district (municipal) consumer ombudsman, whose tasks include, in particular, providing free consumer advice and legal information on the protection of consumer interests and addressing entrepreneurs in matters of protection of consumer rights and interests (e.g. https://um.warszawa.pl/waw/konsument/porady-i-informacje)

19.1.6 assistance to a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).

19.2 All necessary information on out-of-court methods of handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

19.3 The proceedings referred to in clause 22.1 above are voluntary and require the consent of both the User and Westwing. Westwing's participation in these proceedings is voluntary, and the information provided in this paragraph does not constitute an obligation on Westwing to participate in such proceedings.

19.4 If, as a result of a complaint filed by a User who is a Consumer or an Entrepreneur with consumer rights, the dispute has not been resolved, Westwing will each time provide such User with a statement of its intention to apply for the initiation of proceedings for the out-of-court resolution of consumer disputes, or of consent to participate in such proceedings, in the form of paper documentation or via another durable medium. or refusal to take part in such proceedings. If Westwing does not make any statement, it is deemed to have agreed to participate in the out-of-court dispute resolution procedure.

20. CHANGES TO THE TERMS AND CONDITIONS

20.1 Westwing is entitled to amend the Terms and Conditions in the event of the occurrence of at least one of the following important reasons (closed list):

20.1.1 changes in the law governing the operation of the Website or the Application, including in particular the sale of Products, the provision of digital content or digital services or the provision of services by electronic means by Westwing, affecting the mutual rights and obligations set out in the contract for the provision of services, the contract for the provision of digital content or digital services or the Sales Agreement concluded between the User and Westwing;

20.1.2 the need to adapt the rules for running the Website or the Application to orders, rulings, provisions or guidelines resulting from a decision of a public administration authority competent for Westwing's business, or a court ruling applicable to Westwing's business affecting the mutual rights and obligations set out in the contract for the provision of services, the contract for the supply of digital content or digital services or the Sales Contract concluded between you and Westwing;

20.1.3 change in the manner of running the Website or the Application caused solely by objective and independent technical or technological reasons (in particular updating the technical requirements indicated in the Terms and Conditions);

20.1.4 change in the scope or rules of Westwing's provision of services provided electronically to which the provisions of the Terms and Conditions apply, including by introducing new, modifying or withdrawing by Westwing the existing functionalities or services covered by the Terms and Conditions and offered to the User, including modification of payment and delivery methods – to the extent that these changes affect the implementation of the provisions of the Terms and Conditions;

20.1.5 the occurrence of inaccuracies or interpretation doubts under the Terms and Conditions;

20.1.6 merger, division or transformation of Westwing or change of other identification data of Westwing indicated in the Terms and Conditions – to the extent necessary to update such data.

20.2 Users are notified of changes to the Terms and Conditions and their scope by publishing the current version of the Terms and Conditions on the Website and in the Application, via e-mail by sending information to the e-mail address provided in the Account. The notification will be sent at least 14 calendar days before the new version of the Terms and Conditions comes into effect.

20.3 The User who does not agree with the changes to the Terms and Conditions is entitled to terminate the contract for the provision of Electronic Services by Westwing at any time and with immediate effect by informing Westwing thereof by post or by sending a statement to the following address: Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany, or by e-mail by sending a statement to the following address: service@westwing.pl, or by phone at (22) 290 3000. The consequence of sending the statement referred to in the preceding sentence is the closure and deletion of the Account.

20.4 A User who has accepted the amendments to the Terms and Conditions shall be entitled to terminate the agreement concerning the provision of Electronic Services by Westwing within 14 calendar days from the date of notification of the amendment to the Terms and Conditions.

20.5 Westwing is entitled to terminate the agreement for the provision of Electronic Services related to the maintenance of the Account in the event of discontinuation or transfer of the Website or Application to a third party, violation of the law or the provisions of the Terms and Conditions by the User, as well as in the event of the User's inactivity for a period of 6 months. The termination of the contract takes place with a notice period of 7 calendar days. Westwing may stipulate that the re-registration of the Account will require the authorization of Westwing.

20.6 During the execution of the Order and throughout the period of after-sales care, the Terms and Conditions accepted by the Buyer when placing the Order shall apply, except when the User who is a Consumer or an Entrepreneur with the rights of a consumer considers it to be less favourable than the current one and informs Westwing of the choice of the current one as binding.

20.7 The current version of the Terms and Conditions is always available to the User on the Website at https://www.westwing.pl/i/terms_and_conditions/ and in the Application in the "About Westwing / Terms and Conditions" tab.

21. FINAL PROVISIONS

21.1 Any dispute arising out of or in connection with the Terms and Conditions shall be governed by the laws of Poland.

21.2 The court competent to settle disputes arising out of or in connection with the Terms and Conditions is the common court with territorial jurisdiction.

21.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the remaining provisions of the Terms and Conditions shall remain in full force and effect. In place of invalid or ineffective provisions of the Terms and Conditions, the relevant provisions of law shall apply.

21.3 In matters not regulated by the Regulations, the relevant applicable provisions of law shall apply, in particular: the Act of 23 April 1964. Civil code; the Act of 18 July 2002 on the provision of electronic services; the Act of 30 May 2014 on Consumer Rights, the Act of 10 May 2018 on the Protection of Personal Data.

Westwing GmbH

Moosacher Str. 8880809 Munich

Germany Status: 02.12.2024