Terms and conditions
Unbinding AI generated Convenience Translation to English
GENERAL TERMS AND CONDITIONS (T&C) FOR THE USE OF THE ONLINE SHOP ON WWW.WESTWING.NL
Here we present our General Terms and Conditions (hereinafter referred to as "T&C"). These T&Cs apply to the Westwing online shop on the website www.westwing.nl. By placing your order, you accept the following Terms and Conditions of Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany (hereinafter referred to as "Westwing").
These T&Cs apply to consumers with a billing address in the Netherlands and Belgium who make use of the offers on our website. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his commercial or self-employed professional activity.
1. GENERAL AND SCOPE
1.1 Westwing operates a web store on the website www.westwing.nl.
1.2 To take advantage of the available offers, individuals must be at least 18 years of age.
1.3 In principle, goods are only sold in quantities that are customary for a household.
1.4 These GTC apply to all agreements concluded via the website www.westwing.nl unless the separate B2B GTC for entrepreneurs apply.
1.5 If (working) days are specified as the period, this is understood to mean all working days with the exception of Saturdays, Sundays and public holidays.
2. USE OF THE WEBSITE WWW.WESTWING.NL AND REGISTRATION
2.1 When you order goods, you will be asked to provide personal data which will be collected and processed in accordance with Westwing's Privacy Policy. Article 19 (data protection) applies.
2.2 You are responsible for ensuring that the data is complete and truthful. You are also required to keep your information up to date. If there is a change in the data provided during your use of the website, you must correct the information immediately. You are obliged to keep your passwords and other access data confidential and to protect them from access by unauthorized third parties.
2.3 If you create a customer account, you will receive a confirmation of your registration by e-mail (so-called "double opt-in") after completing the registration process.
2.4 You are solely responsible for any content (such as product reviews) that you post in areas that are accessible for this purpose. You warrant that your own content does not infringe the rights of third parties (e.g., personal rights or copyrights). In this respect, you will fully indemnify Westwing against claims from third parties upon first request. By making the Content available to Westwing, you grant Westwing and all Westwing affiliates in the Westwing Group (hereinafter referred to as the "Westwing Group") all rights of use, unlimited in time, space and content, and also for transfer to third parties, that Westwing requires to publish and distribute the Content, even in part, on the websites of the Westwing Group.
2.5 In your customer account you can view and possibly change your open, recently shipped and/or completed orders, as well as manage and store your own data, vouchers, newsletters and notifications.
2.6 You may only register on the Website www.westwing.nl with one customer account at a time and only use one customer account at a time. If Westwing finds several registrations, Westwing can remove them.
2.7 It is forbidden to use the Website www.westwing.nl or its content for purposes that are unlawful, unlawful or prohibited by law and these T&Cs. In particular, technical processes must not be disrupted or manipulated. In the event of any conduct or attempt to gain unwarranted advantage to the detriment of Westwing or other customers, Westwing reserves the right to block the customer's account and not accept offers.
2.8 Westwing reserves the right to use its rights as a virtual domicile at its sole discretion and, for example, to issue warnings, refuse orders, restrict the payment methods available, suspend or terminate access to the website www.westwing.nl or remove any content transmitted if the provisions of these T&Cs are violated or if there is any abuse of rights. Your right of withdrawal according to Article 13 GDPR is in no way restricted by the aforementioned measures. Any claims for damages from Westwing will remain in full force.
3. CONTRACTING PARTIES, LANGUAGE AND CONCLUSION OF THE CONTRACT
3.1 The contracting party to the conclusion of contracts on the Website www.westwing.nl is Westwing.
3.2 The website www.westwing.nl is managed in the Dutch language. Agreements via the website are only concluded in the Dutch language.
3.3 The offer of goods on www.westwing.nl is not a binding offer. The offer must be understood as a non-binding invitation to make an offer (so-called "invitatio ad offerendum"). After the selected products have been placed in the virtual shopping cart and the electronic ordering process has been completed, you make a legally binding contractual offer by placing an order for the goods currently in the virtual shopping cart by clicking on the "Buy Now" button. After placing your order, you will receive an email from Westwing regarding receipt of your order. This e-mail from Westwing does not imply acceptance of the contract. Westwing is free not to accept orders. If an order is not fulfilled by Westwing, Westwing will notify you immediately. The acceptance of the contract is made by a separate email confirming the shipment or confirmation of the delivery of the service, but no later than the time the goods are shipped.
3.4 Westwing stores the order details and sends them to you by e-mail after completing an order. This email will also include the cancellation policy. You can also download the Terms and Conditions at any time on https://www.westwing.nl/i/terms_and_conditions/. If you have created a customer account before placing your order, you can view the order details at any time in the login area. This also applies to previous orders under the statutory retention obligation.
3.5 Order processing and contact generally takes place via automated order processing or via e-mail. You must ensure that the email address you provide for order processing is correct so that emails sent by Westwing can be received at this address. In particular, if you use SPAM filters, you should ensure that all emails sent by Westwing or by third parties on behalf of Westwing to process your order can be delivered.
4. PRICES AND SHIPPING COSTS
4.1 For orders for goods on the website www.westwing.nl the prices stated on the relevant article page at the time of your order apply. Prices are total prices including VAT and packaging. Shipping costs and, if applicable, charges for an additional bookable assembly service (see section 5) will be added later.
4.2 Shipping costs will be charged separately for each order and will be based on the price stated on the product detail page. This depends, among other things, on the size, weight and the respective shipping method. The latter is at the discretion of Westwing.
5. ASSEMBLY SERVICE
5.1 For selected products, assembly or installation at the desired location is offered as an additional separate service for a fee in almost all areas of the Netherlands and Belgium (hereinafter "assembly service"). If you wish to assemble the product in such a case, please order the assembly service by ticking the "Assembly service" field on the item information page, place the item in the virtual shopping cart and complete the order by clicking on the "Buy now" button.
Westwing does not guarantee that the goods can actually be assembled or secured in the spaces provided. Westwing reserves the right not to offer the assembly service in individual cases at its sole discretion. The installation must be carried out in accordance with the respective installation instructions.
5.2 Westwing shall carry out the assembly service itself at its own discretion or have it carried out by third parties (subcontractors) acting on behalf of Westwing. You are not entitled to choose a specific person to perform the desired assembly service.
5.3 Unless you have already agreed on a delivery date via the appointment website, you will be contacted by Westwing or a Westwing sub-contractor for an appointment after placing your order. A suitable and easily accessible environment must be provided for the provision of the assembly service, supported where necessary by reasonable cooperation on your part (e.g. enabling access and providing sufficient space for assembly).
5.4 Painting and wallpapering work and/or electrical installations as well as wall and ceiling installations are excluded from the installation service.
5.5 If you order the assembly service, you will be charged an additional fee on top of the purchase price. The exact costs for this service will be visible when you place your order.
5.6 The risk of accidental loss and accidental damage to the goods will not pass to you until after the assembly service has been completed and the goods have been handed over.
5.7 Westwing and its subcontractors are entitled to carry out a delivery inspection after assembly and to produce visual material for the purpose of documentation.
6. PAYMENT TERMS AND PAYMENT
6.1 You can pay for the goods - subject to our credit check - using one of the following payment methods:PayPal, credit/debit card (VISA, Mastercard, American Express), iDeal, Bancontact, payconiq, ApplePay, GooglePay (only available when ordering via web browser), Klarna and prepayment.
6.2 Westwing accepts a variety of credit cards, currently: VISA and Mastercard as well as American Express. Westwing will debit the invoice amount from your credit card upon receipt of the order through our payment service provider Stripe Payments Europe Ltd (registered on the Irish Companies Register under number 3206488LH).
6.3 The payment methods iDeal, Bancontact, payconiq, ApplePay and GooglePay are processed through the payment service provider Stripe Payments Europe Ltd (registered in the Irish Companies Register under number 32064LH).
6.4 If a payment method offered by PayPal is selected, the payment will be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (registered in the Trade and Companies Register under R.C.S. Luxembourg B 118 349), subject to the terms and conditions of use of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
6.5 Westwing, in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (registered in the Swedish Commercial Register under: 556737-0431), offers you the following payment options if you have a corresponding creditworthiness: purchase on account with payment within 30 days, payment in three interest-free installments, financing with interest or pay now. In this case, Westwing transfers its claim to Klarna.
7. INVOICING
By accepting the T&Cs, you accept that Westwing may invoice you electronically or invoice electronically, in accordance with Article 232 of Council Directive 2006/112/EC and applicable provisions of the Polish Goods and Services Tax Act of 11th March 2004 (with further amendments).
8. VOUCHERS
8.1 Westwing offers different types of vouchers: Gift Vouchers, Promotional Vouchers and Compensation Vouchers.
8.1.1 Gift Cards
8.1.1.1 Gift Vouchers are vouchers that can be purchased on the Website www.westwing.nl and can only be redeemed on www.westwing.nl, unless otherwise stated on the Gift Voucher. Gift vouchers will be issued to you by email after ordering.
8.1.1.2 Gift Vouchers and the balance of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher.
8.1.1.3 For technical reasons, Westwing can only accept a maximum of five Gift Vouchers per order. If you want to purchase more than five gift cards, please contact the Westwing Customer Service service@westwing.nl to convert the gift cards into one gift card. The total gift card can therefore be redeemed in one order.
8.1.1.4 Gift Cards can only be used for the purchase of goods and not for the purchase of other Gift Cards.
8.1.1.5 If the price of your order is higher than the credit of a gift card, you can pay the difference using the payment methods provided. If the price of your order is less than the credit of a gift card, you can redeem the remaining credit on your next order.
8.1.1.6 In the event of cancellation of a contract - for any reason whatsoever - the purchase price will be refunded by means of a chargeback on the voucher account and on any additional means of payment used.
8.1.1.7 The gift voucher is transferable.8.1.1.8 Lost, in particular stolen, gift voucher codes will not be refunded. Westwing accepts no liability for lost gift card codes.
8.1.2 Promotional vouchers (including refer-a-friend voucher)
8.1.2.1 Promotional Vouchers are vouchers that are issued free of charge as part of advertising campaigns with a specific validity period and cannot be purchased by you. Promotional vouchers can only be redeemed on www.westwing.nl during the specified period, but not on shipping costs or set-up costs. Promotional vouchers may be subject to further, individual terms and conditions. These will be communicated to you in direct connection with the voucher.
8.1.2.2 Vouchers received as a new customer as a result of an invitation from a Westwing member (so-called "refer-a-friend voucher") cannot be redeemed if you already have an account with Westwing, as the voucher can only be redeemed for new customers.
8.1.2.3 Initial registration or vouchers for new customers, which you receive once for registration on the Website www.westwing.nl, can only be redeemed once per customer account.
8.1.2.4 Only one discount voucher can be redeemed per order. It is not possible to refund or credit any remaining balance of a coupon if the value of the purchase is less than the value of the coupon.
8.1.2.5 The discount voucher is non-transferable, non-refundable and cannot be re-exchanged if you return the goods paid for in full or in part with the voucher under the statutory right of withdrawal. If you return ordered goods proportionally, the value of the voucher will be distributed proportionally to the ordered goods, i.e. in the case of returning individual items, the voucher will be credited proportionally to the price of the returned goods and will be forfeited proportionally to the value of the goods. If a voucher is linked to a minimum order value, it must be reached even if the goods are partially returned, otherwise the voucher will not be credited.
8.1.4 Compensation vouchers
8.1.4.1 Compensation Vouchers are vouchers which cannot be purchased but which are issued by Westwing in its sole discretion as compensation without acknowledgment of any legal obligation.
8.1.4.2 The rules for promotional vouchers apply mutatis mutandis.
8.2 Westwing may, in the event of a justified suspicion of fraud or other activities contrary to the law or conditions in connection with the purchase or redemption of a voucher, block the relevant voucher code (even temporarily) or refuse redemption (also temporarily). In the latter case, you have the right to cancel the order.
8.3 Payment of the voucher amount is not possible, nor is a value transfer or subsequent settlement for purchases already made, i.e. before the order process has been completed.
8.4 The above vouchers can only be redeemed by consumers.
9. TERMS OF DELIVERY AND SHIPPING
9.1 Deliveries will only take place within the Netherlands and Belgium at the delivery address provided by you.
9.2 The basic delivery times are stated on the respective article page.
9.3 Ordered goods will be sent as a parcel or by freight forwarder at Westwing's option.
9.4 Westwing does not assume any purchasing risk, in particular in the case of generic procurement. Westwing is only obliged to supply from its existing stock of goods or from the delivery of goods ordered from suppliers. Westwing's obligation to deliver does not apply if, despite an existing covering transaction with the supplier in question, Westwing does not receive deliveries, does not receive them in full or on time. If this situation arises, Westwing will inform you without delay and inform you that a separate purchase risk has not been expressly agreed. Any prepayments will be refunded by Westwing.
9.5 Westwing shall not be liable for any failure or improper performance of the obligations entered into by Westwing under this Agreement if and to the extent that this is the result of force majeure, without prejudice to the fact that Westwing will endeavour to limit the consequences of such event as far as possible.
Force majeure means any unforeseeable event or events which, even if foreseeable, are beyond the control of Westwing and the effect of which on the performance of the contract could not have been avoided by Westwing's reasonable efforts. This includes, but is not limited to, war, belligerent condition, insurrection, rebellion, military or civil coup, riot, embargo, governmental order, fire, flood, storm surge, hurricane, or other severe weather on the scale of a catastrophe, earthquake, lightning, pandemic, epidemic, nuclear danger, or similar cause beyond the control of Westwing that makes it illegal, impossible, or commercially impracticable to perform or comply with the obligations under these T&Cs. life. In the event of a force majeure event, Westwing is obliged to notify you immediately. Westwing is relieved of its obligation to perform for the duration of the event. Delivery and execution times will be extended accordingly. If the force majeure lasts longer than 8 weeks, Westwing and you have the right to withdraw from the contract.
9.6 If the delivery of the goods fails for reasons for which you are responsible, Westwing will charge you for the cost of a new delivery, as well as reasonable storage charges from the day of the failed delivery. You will also be charged for a new delivery if the first delivery was free for you. We will inform you of the additional costs before the new delivery and will only carry out the delivery with your consent. Please note that a refusal of acceptance is not an effective exercise of your right of withdrawal and must be expressly declared to Westwing. Westwing reserves the right to withdraw from the contract if you do not agree to a new delivery within 7 days. In this case, Westwing will refund payments already made by you. This also applies if you actually make use of your right of withdrawal. In this case, you will also be reimbursed for the shipping costs (standard shipping).
10. WARRANTY, LIABILITY AND TRANSPORT DAMAGE
10.1 Unless otherwise provided in the following provisions, the provisions of civil liability for defects shall apply.
10.2 Claims for damages are excluded. Claims for damages arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal duties) as well as liability for other damages due to an intentional or grossly negligent breach of duty by Westwing, its legal representatives or vicarious agents are excluded from this. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. In the event of a breach of essential contractual obligations, Westwing shall only be liable for foreseeable damages typical of the contract, if such damages are caused by simple negligence.
10.3 The above limitations of liability shall not apply if Westwing has fraudulently concealed the defect or has assumed a warranty for the goods.
10.4 Claims for damage resulting from obvious material defects in the delivered goods are excluded if you do not notify us of the defect within a period of two weeks after delivery of the goods.
10.5 In the case of contracts for the supply of second-hand goods, the following limitation period applies: The limitation period for claims for defects is one year from the delivery of the goods, if this has been expressly and separately contractually agreed and you have been expressly informed of the reduction of the limitation period before submitting your offer.
10.6 If the goods are delivered with obvious damage to the packaging or contents, you must immediately report this to the relevant delivery company and contact Westwing Customer Service (service@westwing.nl). Reporting will not affect your warranty rights, but will make it easier for Westwing to enforce its claims against the delivery company.
11. WARRANTIES
An additional commercial warranty exists only if it is explicitly stated and described on the product details page.
12. RIGHT OF WITHDRAWAL FOR CONSUMERS
You have the right to terminate any agreement with Westwing within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day on which you, or someone other than the carrier you have named, has taken delivery of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail by post). You can use the following sample withdrawal form, which is not mandatory:
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it):
I/We (*) hereby withdraw from the contract concluded by Me/Us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in the case of paper notification)
Date
(*) Delete what does not apply.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
The withdrawal must be addressed to:
By mail: Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany
Email: service@westwing.nl
Phone: +31 (85) 8889079
13. CONSEQUENCES OF REVOCATION
If you have withdrawn from the purchase contract, we will reimburse you all payments received from you, including delivery costs, without undue delay and at the latest within fourteen (14) days from the day on which we received the notice of withdrawal from the contract. For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund. We may refuse the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods immediately and in any event within fourteen (14) days from the day you informed us of the cancellation of the contract to the following address:
Westwing GmbH
Reply number 16407550 WB Hengelo Netherlands
The deadline is met if you send the goods before the deadline of 14 days. We will cover the costs of returning the goods. You must pay the depreciation of the goods only if this depreciation is the result of handling of the goods that is not necessary to investigate the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
in the case of the delivery of goods which are not suitable for return for reasons of health protection or hygiene and of which the seal has been removed after delivery or which by their nature are inextricably mixed with other goods after delivery;
for the supply of goods manufactured to customer specifications or clearly tailored to personal needs
in the case of delivery of goods that can deteriorate quickly or whose expiration date would soon be exceeded;
14. VOLUNTARY RIGHT OF RETURN FOR CONSUMERS
14.1 For all purchases of goods, Westwing grants you a voluntary right of return in addition to the statutory right of withdrawal under clause 12 for a total of 30 days after receipt of the goods. This voluntary right of withdrawal gives you the option to withdraw from the purchase contract even after the expiry of the 14-day withdrawal period (see clause 12) by returning the goods to Westwing within 30 days of receipt.
However, the condition for exercising the voluntary right of return is that you return the goods complete, in perfect condition and without damage in the original sales packaging. Otherwise, Westwing reserves the right to refuse the return. Please note that you bear the transport risk when you return goods under the voluntary right of return. The voluntary right of return does not apply to the purchase of gift vouchers.
14.2 The refund will be charged to the means of payment used by you. If direct debit has been chosen as the payment method, you do not have to object to the direct debit.
14.3 Your statutory right of withdrawal (cf. Clause 12) is not affected by compliance with the requirements in this Clause 15 and remains applicable independently thereof. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions specified therein shall apply. This contractually granted (voluntary) right of withdrawal does not limit your statutory warranty rights, which remain unlimited.
15. REIMBURSEMENT OF DELIVERY AND SERVICE COSTS IN THE EVENT OF PARTIAL WITHDRAWAL
If you cancel the contract for only part of the goods in an order (partial cancellation), Westwing will refund the payments for the goods affected by the cancellation, including the delivery and fitting costs (if not already fitted). However, if (parts of) the delivery and assembly costs would also have been incurred if you had only ordered the goods for which you did not cancel the contract, these are excluded from the refund.
16. RETENTION OF TITLE
The goods remain the property of Westwing until full payment has been made.
17. SERVICE AND COMPLAINTS
Your satisfaction is very important to us. Therefore, we always try to process your requests as soon as possible and will get back to you after we receive your input. For service requests, please contact Westwing Customer Service:
Westwing GmbH Moosacher Str. 88 80809 Munich
Germany
Email: service@westwing.nl
Phone (for the Netherlands): +31 (85) 8889079
18. DISCLAIMER OF LIABILITY FOR HYPERLINKS
Insofar as www.westwing.nl refers to websites of other providers via hyperlinks, Westwing has no influence on the content thereof, does not make it its own and assumes no guarantee or liability for their content. The respective provider or operator is always responsible for the content of such pages. As soon as Westwing becomes aware of violations of law by websites of other providers, the respective hyperlinks will be removed immediately on www.westwing.nl.
19. DATA PROTECTION
For all questions about the protection of your data, you can find Westwing's privacy policy at https://www.westwing.nl/i/privacy_policy/.
20. USER RIGHTS
The content of this website, including texts, graphics, photographs, illustrations, images, videos, sound and software (hereinafterreferred to as "material") is protected by copyright. Downloading or use for private purposes is permitted. No further publication, transmission, reproduction or other use of the content/material is permitted.
All rights to use the material on www.westwing.nl belong to Westwing or our partners. Use of the material - in any form - is not permitted without the express written permission of Westwing.
Any trademarks on the website may not be used without the prior written permission of Westwing.
21. ALTERNATIVE DISPUTE RESOLUTION
Online dispute resolution according to Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (OS) on the Internet in accordance with Art. 14 (1) of the ODR Regulation.... You can find the link to this platform here .Westwing GmbH is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
22. CHANGES TO THE T&C
Westwing reserves the right to make changes to the Website, rules, terms and conditions, including these T&Cs, at any time. Your order will be subject to the terms and conditions in effect at the time you place your order, unless a change to these terms and conditions is required by law or government regulation (in which case they will also apply to orders you have previously placed).
23. FINAL PROVISIONS
23.1 All disputes arising out of or in connection with the use of www.westwing.nl shall be governed exclusively by the laws of the Netherlands, excluding conflict of laws provisions.23.2 If any provision is or becomes null and void or ineffective, the remaining provisions shall remain in force. Instead of the null and void or ineffective provisions, the relevant statutory provisions shall apply.
Westwing GmbH Moosacher Str. 88 80809 Munich
Germany Status: 01.10.2024