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

B2B Terms and conditions

Unbinding AI generated Convenience Translation to English

GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE WWW.WESTWING.PL BY COMPANIES

The following are our General Terms and Conditions (hereinafter referred to as "GTC"), which apply to traders using the Westwing Website located at www.westwing.pl, including via the App.

By placing an order, you agree to the following Westwing T&Cs.

1. GENERAL INFORMATION AND SCOPE

1.1 Westwing operates the Website at www.westwing.pl, which is also available through the Application (hereinafter referred to as the "Website").

1.2 The T&Cs contain the framework provisions of sales contracts (hereinafter: "Contract") in which the seller is Westwing GmbH with its registered office in Munich, Moosacher Str. 88, 80809 Munich (hereinafter: "Westwing") and the buyer is an entrepreneur within the meaning of Article 431 of the Civil Code, who is not a consumer or an entrepreneur with consumer rights, and who has its registered office in Poland (hereinafter: "User") (hereinafter: jointly: "Parties", separately: "Page").

1.3 The GTC are addressed to the Entrepreneurs using the Website or the Application and define the rules for concluding the Agreement and the rights and obligations of the Parties under the Agreement, in particular the terms of delivery and liability for product defects. To the extent not regulated by the Agreement, the GTC and the Terms and Conditions of Use of the Westwing Website and Application (hereinafter referred to as the "Terms and Conditions") shall apply. In the event of any discrepancies between the provisions of the T&Cs and the Agreement, the provisions of the Agreement shall prevail. In the event of any discrepancies between the provisions of the T&Cs and the T&Cs, the provisions of the T&Cs shall prevail. Any deviation from the T&Cs shall be confirmed in writing by Westwing on pain of nullity.

1.4 The GTC exclude the use of other standard forms of contract (general terms and conditions, terms and conditions of sale, model contracts, terms and conditions, other documents with similar content or purpose, etc.) used or agreed by the User in legal relations with Westwing, unless otherwise agreed by the Parties in writing under pain of nullity.

1.5 Any assurances, guarantees, promises and amendments to the Agreement made orally by Westwing employees in connection with the conclusion of the Agreement shall not be binding on Westwing.

1.6 The T&Cs are made available to the User on the Website at https://www.westwing.pl/i/terms_and_conditions_b2b/.

1.7 Any statements related to the conclusion or performance of the Agreement shall be made by the Party to the other Party in writing or by electronic correspondence sent to the following address: service@westwing.pl.

1.8 Any amendments and additions to the Terms and Conditions of the Agreement must be made in writing to be null and void.1.9 The User may register only one Company Account on the Website. You may only use one Business Account at a time. If Westwing becomes aware that you have created more than one Business Account or are using more than one Business Account at any given time, we may delete such Business Account.

2. CONTRACTING PARTNER, LANGUAGE AND CONCLUSION OF THE CONTRACT

2.1 The Website is conducted in English. Agreements concluded via the Website are concluded in Polish or English.

2.2 Any information available through the Website 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.

2.3 The Parties conclude the Agreement on the basis of the Order placed by the User. The Order is placed after placing the Products selected by the User in the Cart and selecting the delivery method and payment method and filling in the necessary User data by clicking the "Order and Pay" button.

2.4 The Order is placed by means of a statement of the User sent electronically via the Website. Placing an Order via the Website is charged to the User and is binding on the User. If the Order was placed via the Business Account, the User is obliged to pay the price, even if the Order was placed by a person who is not the User's Contact Person.

2.5 The order should contain the User's full data, in particular identification data, including the name, exact address of the registered office and NIP (Tax Identification Number), as well as the name and code of the goods (in accordance with Westwing's commercial offer), the quantity of the goods, the address and place of delivery of the goods, the address of delivery of the original invoice, if it is different from the User's registered office. The User is fully responsible for the consequences of placing an Order that is incorrectly filled in or does not contain the required data.

2.6 By placing an Order, the User is tantamount to reading and accepting Westwing's GTC.

2.7 Westwing confirms the acceptance of the Order within no more than 7 business days from the date of receipt of the Order from the User or informs the User about the inability to accept the Order, indicating the reasons for it. Failure to submit Westwing's statement within the above deadline means that the Order has not been accepted and the Agreement has not been concluded.

2.8 The Agreement shall be concluded only after Westwing has confirmed the availability of the goods and has expressly accepted the Order by Westwing, which shall be confirmed by a separate statement from Westwing sent to the User by e-mail (hereinafter referred to as the "Order Confirmation").

2.9 Westwing saves the Order data and sends it to the User electronically after the Order has been completed. If you have created a Business Account before sending your Order, you can view your Order data in the "My Orders" panel of your Business Account.

3. PRICES AND DELIVERY COSTS

3.1 The Order is processed according to the prices specified on the relevant Product Card valid at the time of receipt of the Order by Westwing (hereinafter referred to as the "Commodity Prices").

3.2 The prices of the goods are gross prices expressed in Polish zlotys (PLN) and include the cost of packaging. The prices of the goods do not include any additional fees, including delivery costs, which will be added after the selection of the delivery method (unless the Contract qualifies for free delivery, of which the User will be informed at the stage of placing the Order).

3.3 Westwing reserves the right to make any changes to the Prices of the Goods.

3.4 Delivery costs are charged separately for each Order, according to the prices listed on the relevant Product Card valid at the time of receipt of the Order by Westwing (hereinafter: "Delivery Costs"). Delivery costs depend on m.in size, weight and selected delivery method, whereby the Delivery Costs associated with the selected delivery method are at the discretion of Westwing.

3.5 In the case of delivery by Westwing, the Prices of the Goods are DDP Incoterms® 2020 prices, including including normal packaging, unless otherwise agreed by the Parties in writing under pain of nullity. Other taxes and additional charges, including delivery charges, are the sole responsibility of you.

3.6 Information on the total price of the Order, together with taxes and Delivery Costs and other costs – and if the amount of these fees cannot be determined, on the obligation to pay them – is provided to the User when placing the Order, including at the time of expressing the User's will to be bound by the Agreement.

4. PAYMENTS

4.1 Westwing offers the following payment methods:

4.1.1 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 Commercial 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:

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

4.1.1.2 via the Przelewy24 service, owned by 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 maintained 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, fully paid up, and into the register of national payment institutions kept by the Commission Financial Supervision Authority under the number of UKNF IP24/2014, in accordance with the terms of use of Przelewy24 services available at the following address: https://www.przelewy24.pl/regulamin, which allows payment by BLIK, prepayment and traditional transfer from one of the indicated banks;

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

4.2 In the event of arrears, Westwing may charge statutory interest for late payment, as well as demand that the User hand over the Products for which payment has not been made. Westwing may credit payments for subsequent Orders in the first place towards arrears up to the amount of statutory interest due.

4.3 In the event of payment arrears, Westwing has the right to refuse to process the Order until the arrears are paid.

4.4 The payment date is the date on which the payment is credited to Westwing's bank account as stated in the invoice.

5. VAT INVOICES

5.1. 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 Company Account.

5.2 Please note that if the data (in particular the VAT number) is not correct in accordance with clause XXX when placing an order, we are no longer able to issue a correction invoice to correct the data after the order has been completed. We also do not accept credit notes issued by you in this regard.

6. DISCOUNT VOUCHERS

6.1 Westwing offers two categories of Discount Vouchers: Promotional Vouchers and Compensation Vouchers.

6.1.1 Promotional Vouchers (including Refer-a-Friend Vouchers)

6.1.1.1 Promotional Vouchers are vouchers that cannot be purchased, but are issued as part of Sales Campaigns, and have a fixed validity period.

6.1.1.2 Promotional Vouchers may only be redeemed on the Website, within a specified period of time, in respect of the Products; Promotional Vouchers cannot be used in relation to Delivery Charges. 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.

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

6.1.1.4 Promotional Vouchers awarded in connection with the initial Registration of a Company Account and Promotional Vouchers granted to new Users that a User receives on a one-off basis in connection with the Registration of a Company Account may only be redeemed once in relation to a User.

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

6.1.1.6 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.

6.1.1.7 Vouchers are not transferable to third parties.

6.1.1.8 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 whole 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 goods kept. 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.

6.1.2 Compensation vouchers

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

6.1.2.2 The provisions relating to Vouchers shall apply accordingly.

6.2 In the event of a justified suspicion of fraud or other illegal or illegal activities related to the purchase or redemption of a 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 Agreement.

6.3 Vouchers can only be used before placing an Order. It is not possible to use the Voucher after placing an Order.

6.4 Westwing may grant other discounts and Vouchers as part of individual arrangements with the User. In this case, the User may only redeem one alternative discount or voucher per Order. A discount or a Voucher selected by the User and saved in the Cart applies.

7. DELIVERY AND SHIPPING TERMS

7.1 Deliveries are made only within the territory of the Republic of Poland to the delivery address provided by the User, at Westwing's discretion as a parcel or via a carrier.

7.2 The Order completion date specified in the Product Card is indicative and not binding (hereinafter referred to as the "Delivery Date"), unless confirmed by Westwing. The delivery date is considered to have been met if the Product has been shipped or handed over to the carrier on the day of expiry of this period at the latest.

7.3 If the delivery is made by carrier, the transfer of the risk of loss, destruction or damage to the Products and the burdens and benefits associated with the Products pass to that carrier when the Products are handed over to the carrier from Westwing's warehouse. Westwing shall not be liable for any loss, deficiency or damage to the Products arising from the time the Products are accepted for transport until it is handed over to the User and for any delay in the delivery of the parcel.

7.4 Westwing is entitled to make partial deliveries and provide partial services if this is justified by the interest of the User. In the case of partial delivery or provision of partial services, the User does not incur significant additional costs in connection with them, unless the User agrees to incur these costs.

7.5 Westwing does not bear any risk associated with the purchase, in particular in the case of a generic purchase. Westwing is obliged to make deliveries only from existing stocks of Products or Products ordered from suppliers. Westwing's obligation to deliver does not apply if Westwing does not receive delivery, does not receive delivery in full, or does not receive delivery on time despite an existing transaction with the supplier in question, and is not responsible for this. Westwing will immediately inform the User of the new expected delivery date. If the new delivery date is not acceptable to the User or the Products are no longer available on the new delivery date or at all, Westwing and the User have the right to withdraw from the Agreement with respect to the Products in question; in such a case, Westwing shall immediately refund any payments already made by the User to Westwing.

7.6 Westwing shall not be liable for any delay or failure to complete an Order when the release or delivery of the Products is impossible or delayed for reasons beyond Westwing's control, which could not have been foreseen at the time of the conclusion of the Agreement and which could not have been avoided, m.in. fire, flood, storm surge, hurricane, earthquake, other natural disasters, war, martial law, strikes, riots, coup d'état, uprising, shortages in electricity supply, delays in deliveries from distributors, introduction of an embargo, pandemic, epidemic, nuclear threat (hereinafter: "Force Majeure"). The User is not entitled to claim damages in connection with the delay or non-performance of the Order, for which Westwing is not responsible. In the cases referred to in this clause, Westwing reserves the right to change the agreed delivery dates and conditions.

7.7 Westwing informs the User about the occurrence of Force Majeure immediately, at the same time stating the expected possible delivery date or informing about the inability to complete the Order.

7.8 In the event that the Force Majeure indicated in clauses 7.7 and 7.8 above lasts longer than the next 8 weeks, the Party may withdraw from the Agreement. In the event of the Party's withdrawal from the Agreement for the reasons indicated in the preceding sentence, the Party shall not be entitled to any claims against the other Party, including claims for damages.

7.9 If the release or delivery of the Products is impossible or delayed for reasons attributable to the User, the resulting additional costs on the part of Westwing or the User shall be borne solely by the User, and the delivery date shall be extended accordingly. Re-delivery is payable, even if the original supply was free of charge. The re-delivery is carried out after the User has been informed about the costs associated with the new delivery and the User has agreed to its implementation. Westwing reserves the right to withdraw from the Agreement if the User does not agree to a new delivery within 7 days from the date on which Westwing provides information on the costs associated with the new delivery. In the case referred to in the preceding sentence, all payments related to the Order that was to be redelivered, made by the User, will be refunded by Westwing.

7.10 Each subsequent Order is executed on the condition that there are no arrears of payment to Westwing on the part of the User.

8. WARRANTY, LIABILITY AND TRANSPORT DAMAGE

8.1 The User is obliged to collect the ordered and delivered Products immediately after their delivery to the place indicated in the placed Order.

8.2 The User is obliged to examine the consignment at the time and in the manner accepted for consignments of this type. If the User finds that during transport there has been a loss, destruction or damage to the Products, he is obliged to take all actions necessary to determine the liability of the entity making the delivery, in accordance with point 7.1 above.

8.3 Customary or minor, technically unavoidable deficiencies in quantity, quality, colour, width, weight, equipment or construction of goods are not considered to be non-conformity of the Products with the Contract.

8.4 In order to pursue any claims for non-compliance of the Products with the Agreement, the User notifies Westwing of the non-conformities found by e-mail to the following address: service@westwing.pl. Such notification must be sent immediately, no later than within 14 days from the date of discovery of the non-compliance of the Products with the Agreement. Failure to submit the notification within this period results in the loss of claims by the User due to the non-compliance of the Products with the Agreement.

8.5 In the event of non-compliance of the Products with the Agreement, Westwing has the right to choose between repair and replacement of the Product. In the event that the repair fails after a reasonable period of time, you have the right, at your sole discretion, to request a price reduction or to withdraw from the Agreement.

8.6 Signing by the User or by a person authorized on their behalf to collect the Products on the document confirming the release of the Products without any comments or failure to draw up a separate damage report when handing over the Products means that the Products have been checked by the User and their receipt without reservations.

8.7 In the event of a delay in the receipt of the Products, the User is obliged to pay the entire price of the Order and cover the costs incurred in connection with the delay, including the costs of returning the Products to Westwing and storing the Products in the warehouse and re-shipping them.

8.8 Failure to collect the ordered Products by the User within a period longer than 3 business days from the date of delivery entitles Westwing to withdraw from the Agreement.

8.9 If the User fails to collect or confirm receipt or delivery of the Products, the risk of loss, destruction or damage to the Products and the burdens and benefits associated with the Products shall pass to the User when Westwing calls the User to collect the ordered Products.

8.10 Westwing shall only be liable for damages incurred by the User as a direct result of the intentional non-performance or improper performance of the Agreement by Westwing. In such cases, the User may demand compensation for the damage suffered in connection therewith only up to the amount of the actual loss suffered by the User (damnum emergens), but not more than the price of the defective Products.

8.11 Warranty claims against Westwing are vested solely in the User and are not assignable. They expire within 12 months after delivery.

9. WARRANTIES

9.1 Goods 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 User with any additional warranty for the Products as a seller.

9.2 Any drawings, illustrations, dimensions, weights or other performance data of the Product do not constitute promises or guarantees and are binding only if the Parties have so agreed in writing under pain of nullity.

10. RESERVATION OF TITLE

10.1 Westwing reserves the right of ownership of the Products until the User has paid in full.

10.2 In the event that the User becomes aware that third parties have gained unauthorised access to the Unpaid Products, the User shall immediately indicate the ownership of Westwing and inform Westwing thereof in order to enable Westwing to enforce its rights.

11. SERVICE AND COMPLAINTS

11.1 The User has the right to lodge a complaint regarding the non-compliance of the Products with the Agreement.

11.2 The User submits a complaint by e-mail to the following e-mail address: service@westwing.pl, immediately, no later than within 14 days from the date of detection of the non-compliance of the Products with the Agreement.

11.3 Westwing informs the User about the consideration of the complaint and Westwing's position in writing within 14 calendar days from the date of receipt of the complaint.

11.4 Filing a complaint is not the basis for withholding payment for completed Orders.

12. DATA PROTECTION

Information on the processing of Users' personal data can be found in Westwing's Privacy Policy available at: https://www.westwing.pl/i/privacy_policy/.

13. CODE OF CONDUCT

You agree to comply with Westwing's Code of Conduct for Business Partners available at https://ir.westwing.com/websites/westwing/English/5500/ compliance.html (the "Code").

A breach of the Code constitutes a material breach of the Agreement, which entitles Westwing to terminate the Agreement for good cause.

14. CHANGES TO THE GTC

Westwing reserves the right to make any changes to the T&Cs at its own discretion. Each amendment to the T&Cs will be indicated on the document with the date of the amendment. When the T&Cs are updated, the older version of the T&Cs will no longer be valid. Orders placed and accepted for processing prior to the amendment of the GTC shall be subject to the previously applicable GTC, unless the amendment of the GTC is required by law (in which case the updated GTC shall also apply to previously placed Orders). The updated GTC shall apply to subsequent Agreements concluded between the Parties.

15. FINAL PROVISIONS

15.1 The law of the Federal Republic of Germany shall exclusively apply to legal disputes arising out of the content of the Terms and Conditions or the performance of a contract concluded on the basis of the Terms and Conditions, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

15.2 If any provision is or becomes invalid or unenforceable, the remaining provisions will remain in effect. Any invalid or ineffective provisions shall be replaced by the relevant statutory provisions.

Westwing GmbH

Moosacher Str. 88

80809 Munich

Status: 04.12.2024