B2B Terms and conditions

GENERAL TERMS AND CONDITIONS (GTC) FOR THE USE OF THE ONLINE SHOP ON WWW.WESTWING.FR BY COMPANIES/PROFESSIONALS

Below we present our General Terms and Conditions (hereinafter referred to as "GTC"), which we use as a basis for the use of the Westwing online shop on the website www.westwing.fr by companies. By placing your order, you recognise the following General Terms and Conditions of Westwing GmbH, Moosacher Str. 88, 80809 Munich (hereinafter referred to as "Westwing").

These GTC apply to entrepreneurs based in France who take advantage of the offers on our website. An entrepreneur within the meaning of these GTC is a natural person, legal entity or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1. GENERAL INFORMATION AND SCOPE OF APPLICATION

1.1 Westwing operates an online shop on the website www.westwing.fr.

1.2 In order to use the offers available in the online shop, you must act as an entrepreneur, i.e. as a natural or legal person or a partnership with legal capacity in the exercise of your commercial or independent professional activity when concluding a legal transaction.

1.3 These GTC apply to all contracts concluded with you as an entrepreneur via the website www.westwing.fr in accordance with Section 1.2, unless the GTC for consumers apply. Westwing does not accept any other GTC, unless otherwise expressly agreed in writing.

1.4 Individual agreements made with you in individual cases (including collateral agreements, supplements and amendments) take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation (electronic form according to § 127 BGB is sufficient) from Westwing is decisive for the content of such agreements.

1.5 Westwing employees are generally not authorised to make verbal collateral agreements or to give verbal assurances or declarations that go beyond the content of the written contract.

1.6 If (working) days are specified as deadlines, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays in Germany.

2. USE OF THE WEBSITE WWW.WESTWING.FR

2.1 When ordering goods, you will be asked to provide personal data and to consent to the registration of a company account which will be collected and processed in accordance with Westwing’s privacy policy. Section 15 applies.

2.2 You are responsible for ensuring that the data is complete and truthful. You are also obliged to keep your data up to date. If there is a change in the data provided during your use of the website, you must correct the information immediately. You are obliged to treat your passwords and any other access data confidentially and to protect them from access by unauthorised third parties.

2.3 If you create a corporate customer account, you will receive a confirmation of your registration by e-mail after completing the registration process (so-called "double opt-in").

2.4 You are solely responsible for content (such as product reviews) that you post in areas accessible for this purpose. You guarantee that your own content does not infringe or violate the rights of third parties (e.g. personal rights or copyrights). In this respect, you shall indemnify Westwing in full against third-party claims upon first request. By submitting the content to Westwing, you grant Westwing and all companies of the Westwing Group affiliated with Westwing (hereinafter "Westwing Group") all simple rights of use, unlimited in time, space and content and also for transfer to third parties, which Westwing requires for the publication and distribution of the content, even in part, on the websites of the Westwing Group.

2.5 In your corporate customer account, you can view your open, recently dispatched and/or completed orders and, if necessary, change them, as well as manage and save your own data, vouchers, newsletters and notifications in a differentiated manner.

2.6 You are only authorised to register and operate one corporate customer account on the website www.westwing.fr at the same time. If Westwing detects multiple registrations, Westwing may delete them.

2.7 You are prohibited from using the www.westwing.fr website or its contents for any purpose that is unlawful, improper or prohibited by these Terms and Conditions. In particular, technical processes may not be disrupted or manipulated. In the event of behaviour or attempts to gain unauthorised advantages to the detriment of Westwing or other customers, Westwing reserves the right to block the corporate customer account and not accept offers.

2.8 Westwing reserves the right to exercise its virtual domiciliary rights at its own discretion and, for example, to issue warnings, refuse orders, restrict the available payment methods, pause or terminate your access to the website www.westwing.fr or delete content submitted by you if the provisions of these GTC are violated or in the event of abusive behaviour. Any claims for damages by Westwing remain unaffected.

3. CONTRACTUAL PARTNER, LANGUAGE AND CONCLUSION OF CONTRACT

3.1 The contractual partner for the conclusion of contracts on the website www.westwing.fr is Westwing.

3.2 The website www.westwing.fr is operated in French language. Contracts via the website are concluded in French and English (GTC) language.

3.3 The offer of goods on www.westwing.fr is not a binding contractual offer within the meaning of Section 145 of the German Civil Code (BGB), but is subject to change and non-binding as an invitation to submit an offer (so-called "invitatio ad offerendum"). Once the selected products have been placed in the (virtual) shopping basket and the electronic ordering process has been completed, you submit a legally binding contractual offer by clicking the "maintenant" or “valider le paiement” button to place an order for the goods in the (virtual) shopping basket at that time. After submitting your offer, you will receive an e-mail from Westwing confirming receipt of your offer. This e-mail from Westwing does not constitute acceptance of the contract. It is at Westwing's discretion not to accept offers. If an order is not executed by Westwing, Westwing will inform you immediately. The contract is accepted by means of a separate e-mail with confirmation of dispatch, but at the latest when the goods are dispatched.

3.4 Westwing saves the order data and sends it to you by email after you have completed an order. You can also view the GTC at any time at www.westwing.fr/i/terms_and_conditions at any time. If you have set up a customer account before sending your order, you can view the order data in the login area. This also applies to past orders within the scope of the statutory retention obligations.

3.5 Order processing and contact are usually carried out by automated order processing or e-mail. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by Westwing can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by Westwing or by third parties commissioned by Westwing to process your order can be delivered.

4. PRICES AND SHIPPING COSTS

4.1 For orders of goods on the website www.westwing.fr, the prices stated on the respective item detail page at the time of your order shall apply. The prices are total prices including statutory VAT and packaging. Shipping costs and, if applicable, costs for an additionally bookable assembly service (see section 5) are added.

4.2 The shipping costs are charged separately for each order and are based on the price stated on the product detail page. This depends, among other things, on the size, weight and the respective shipping method. The latter is at the discretion of Westwing.

4.3 In the case of delivery by Westwing, the prices are DDP Incoterms® 2020, including normal packaging, unless otherwise agreed.

4.4 Westwing may grant you discounts and vouchers beyond the reductions shown on the website www.westwing.fr within the framework of individual agreements in accordance with Clause 1.4. In this case, only one alternative discount or voucher can be redeemed on an order. The discount or voucher selected by the customer and stored in the shopping basket shall apply.

4.5 Via your customer account, you have the option of receiving invoices showing VAT and taking the business customer discount into account directly when ordering. Manual invoice corrections for corporate customer accounts are generally not made.

4.6 Westwing is entitled to offset payments against older debts first and will inform you of the type of offsetting that has taken place.

4.7 A payment is only deemed to have been made when Westwing can dispose of the amount.

4.8 If Westwing becomes aware of circumstances that call your creditworthiness into question, if you do not pay due invoices or if insolvency proceedings are applied for, opened or rejected due to lack of assets, Westwing is entitled to declare the entire remaining debt due. In this case, Westwing is also entitled to demand advance payments or the provision of security.

5. ASSEMBLY SERVICE

5.1 For selected products, assembly or installation at the desired location is offered as an additional separate chargeable service in almost all areas of France, except Martinique, Reunion and French Polynesia (hereinafter "assembly service"). If you wish to have the product assembled in such a case, order the assembly service by ticking the "Assembly service" box on the item details page, placing the item in the virtual shopping basket and completing the order by clicking the "maintenant" or “valider le paiement” button.

Westwing does not guarantee that the goods can actually be set up or installed in the designated rooms. Westwing reserves the right not to offer the installation service in individual cases at its own discretion.

5.2 Westwing may choose to provide the installation service itself or through third parties (subcontractors) who work on Westwing's behalf. You are not entitled to select a specific person to carry out the desired assembly service.

5.3 If you have not already agreed a delivery date via the appointment scheduling website, you will be contacted by Westwing or a subcontractor of Westwing to arrange an appointment after you have placed your order. A suitable and easily accessible environment must be ensured for the provision of the assembly service and, if necessary, supported by appropriate cooperation on your part (e.g. enabling access, sufficient space for assembly). Assembly is carried out in accordance with the relevant assembly instructions.

5.4 Unless otherwise agreed in writing, painting, wallpapering and/or electrical installations as well as wall and ceiling installations are excluded from the installation services.

5.5 When ordering the set-up service, additional costs to the purchase price will be charged for this service in accordance with the price displayed when you place your order.

5.6 The risk of accidental loss and accidental deterioration of the goods shall not pass to you until the installation service has been completed and the goods have been handed over.

5.7 Westwing and its subcontractors are authorised to carry out an acceptance test after assembly and to take pictures for documentation purposes.

6. TERMS OF PAYMENT AND PAYMENT

6.1 You can pay for the goods - subject to our credit check - by any of the following payment methods:

Paypal, credit card (VISA, Mastercard, American Express), ApplePay, GooglePay (only available when ordering via web browser) and Klarna.

6.2 Westwing accepts various 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 via our payment service provider Stripe Payments Europe Ltd (registered in the Irish Trade Register under number 3206488LH).

6.3 The ApplePay and GooglePay payment methods are processed through the payment service provider Stripe Payments Europe Ltd (registered in the Irish Trade Register under number 32064LH.

6.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (registered in the commercial register under R.C.S. Luxembourg B 118 349) (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

6.5 Westwing offers you in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (registered in the Swedish Trade Register under: 556737-0431) the following payment options if you have a corresponding credit rating: purchase on account with payment within 30 days, payment in three interest-free instalments. In this case, Westwing transfers its claim to Klarna.

7. INVOICING

7.1 By acceptance of GTC you accept that Westwing may sent invoice to you by electronic means or make invoice available to you by electronic means, in accordance with Article 232 of the Council Directive 2006/112/EC.

7.2 By providing Westwing with a non-Polish active VAT number that is not valid for the purpose of intra-EU transactions (not valid according to VIES VAT number identification - Vies on-the-Web - European Commission (europa.eu)), it is hereby confirmed that you are not obliged to report intra-EU acquisitions of goods in the EU Member State of the goods shipment destination, and, as a result, only for VAT purpose treatment Westwing is obliged under applicable VAT regulations to process your order as a B2C customer order and settle the supply accordingly for VAT purposes.

8. VOUCHER

8.1 Westwing offers various types of vouchers: Promotional Vouchers and Compensation Vouchers:

8.1.1 Promotional vouchers (e.g. "Refer-a-friend voucher")

8.1.1.1 Promotional vouchers are vouchers that are issued free of charge as part of advertising campaigns with a specific period of validity and cannot be purchased by you. Promotional vouchers can only be redeemed at www.westwing.fr during the specified period, but not for shipping or set-up costs. Promotional vouchers may be subject to further, individual conditions. These will be communicated to you in direct connection with the voucher.

8.1.1.2 Vouchers that you have received as a new customer on the basis 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 by new customers.

8.1.1.3 Initial registration or new customer vouchers, which you receive once for registering on the website www.westwing.fr for registration in the shop, may only be redeemed once per company customer account.

8.1.1.4 Only one promotional voucher can be redeemed per order. It is not possible to refund or credit the remaining balance of a promotional voucher if the value of the purchase is less than the value of the voucher.

8.1.1.5 The promotional voucher is non-transferable, non-refundable and cannot be redeemed if you return the goods or services paid for in full or in part with the voucher within the scope of the statutory right of cancellation. If you return ordered goods in part, the value of the voucher will be distributed proportionately to the goods ordered, i.e. if individual items are returned, the voucher will be credited proportionately to the price of the returned goods and will expire in proportion to the value of the goods. If a voucher is linked to a minimum order value, this must also be reached if goods are partially returned, otherwise the voucher value will not be credited.

8.1.2 Compensation vouchers

8.1.2.1 Compensation vouchers are vouchers that cannot be purchased, but are issued by Westwing at its own discretion as compensation without recognising any legal obligation.

8.1.2.2 The regulations for promotional vouchers shall apply accordingly.

8.2 In the event of justified suspicion of fraud or other illegal or unlawful activities in connection with the purchase or redemption of a voucher, Westwing may block the corresponding voucher code (also temporarily) or refuse redemption (also temporarily). In this case, you have the right to cancel the order.

8.3 Payment of the voucher amount is not possible, nor is a transfer for value or subsequent offsetting for purchases already made, i.e. before completion of the order process.

9. DELIVERY AND SHIPPING CONDITIONS

9.1 Deliveries are only made within France (except Martinique, Reunion and French Polynesia) to the delivery address provided by you.

9.2 The basic delivery times are communicated to you on the respective article detail page and are always only approximate, unless they are expressly agreed as binding. After expiry of the delivery period, a subsequent delivery period of the duration of the delivery period, but no longer than 14 working days, shall be set in motion without explanation.

9.3 Ordered goods will be dispatched at Westwing's discretion either as a parcel or by a forwarding agent.

9.4 Westwing is entitled to make partial deliveries and render partial services if this is reasonable for you. This is the case if the partial delivery is usable for you within the scope of the contractual purpose, the delivery of the legally ordered goods is ensured and you do not incur any significant additional expenses or additional costs as a result (unless you agree to bear these costs).

9.5 Westwing does not assume any procurement risk, in particular not in the case of a generic purchase. Westwing is only obliged to deliver from the existing stock of goods or from the goods ordered from the suppliers. Westwing's obligation to deliver does not apply if Westwing is not supplied, not supplied in full or not supplied on time despite an existing covering transaction with the respective supplier and is not responsible for this. Westwing will inform you immediately and inform you of the new expected delivery period. If the new delivery period is not acceptable to you or the goods are no longer available within the new delivery period or at all, Westwing and you are entitled to withdraw from the contract with regard to the goods in question; in this case, we will immediately reimburse any consideration already paid.

9.6 Westwing cannot be held liable for the non-performance or defective performance of its obligations under this Agreement if and to the extent that this is due to the occurrence of force majeure, without prejudice to the fact that Westwing will do everything in its power to minimise the consequences of such an event.

Force majeure includes all unforeseen events or events that - even if they were foreseeable - are beyond Westwing's control and whose impact on the fulfilment of the contract could not have been prevented by Westwing's reasonable efforts. This includes, but is not limited to, war, warlike condition, riot, rebellion, military or civilian coup, insurrection, civil commotion, riot, embargo, government order, fire, flood, storm surge, hurricane or other severe weather of catastrophic proportions, earthquake, lightning, pandemic, epidemic, nuclear hazard or any similar cause beyond the control of Westwing that makes it illegal, impossible or economically impracticable to fulfil or comply with the obligations set out in these GTC. If a case of force majeure occurs, Westwing is obliged to inform you immediately. Westwing is released from its obligation to perform for the duration of the event. Delivery and performance deadlines are to be extended appropriately. If the force majeure lasts longer than 8 weeks, Westwing and you are entitled to withdraw from the contract.

9.7 If the delivery of the goods fails for reasons for which you are responsible, Westwing is entitled to charge you the costs of a new delivery as well as reasonable storage costs from the day of the unsuccessful delivery. The re-delivery is subject to a charge even if the initial delivery was free of charge for you. We will inform you of the additional costs before the new delivery and will only carry out the delivery with your consent. Westwing reserves the right to withdraw from the contract if you do not give your consent to a new delivery within 7 days. In this case, any payments already made by you will be refunded by Westwing.

9.8 The delivery of an order presupposes that there are no outstanding debts.

9.9 If the delivery time is extended or if Westwing is released from its obligation, you cannot derive any claims for damages from this, subject to the provisions in Section 10. The customer can only invoke the aforementioned circumstances if he informs Westwing immediately.

10. WARRANTY, LIABILITY AND TRANSPORT DAMAGE

10.1 You are obliged to inspect the goods immediately and carefully, i.e. individually, for defects in quantity or quality. You must report all defects in writing immediately. Defects that cannot be discovered within this period, even after careful inspection, must be reported to Westwing in writing immediately after discovery.

10.2 Customary or minor, technically unavoidable deviations in quantity, quality, colour, width, weight, equipment or design shall not be deemed defects.

10.3 In the event of defects, Westwing has the right to choose between repair or replacement. Westwing's right to refuse subsequent fulfilment under the legal requirements remains unaffected.

10.4 If the rectification fails after a reasonable period of time, you may, at his discretion, demand a reduction in price or withdraw from the purchase contract. The latter is excluded in the case of only insignificant deviations from the quality.

10.5 Warranty claims against Westwing are only available to the direct customer and are not transferable. They expire 12 months after delivery.

10.6 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply.

10.7 Claims for damages are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Westwing, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations, Westwing is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence.

10.8 The aforementioned limitations of liability do not apply if Westwing has fraudulently concealed the defect or has assumed a guarantee for the goods. The provisions of the Product Liability Act remain unaffected.

10.9 Claims for damages due to obvious material defects of 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.

10.10 The following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods.

10.11 If the goods are delivered with obvious damage to the packaging or contents, we ask you to complain immediately to the deliverer concerned and to contact Westwing Customer Service (service@westwing.fr). The report has no effect on your warranty rights, but makes it easier for Westwing to enforce its claims against the deliverer.

11. GUARANTEES

11.1 An additional guarantee only exists if this is explicitly shown and described on the product detail page.

11.2 Drawings, illustrations, dimensions, weights or other performance data do not constitute promises or guarantees and are only binding if this is expressly agreed.

11.3 Qualitative agreements take precedence over other objective requirements.

12. RESERVATION OF TITLE

12.1 The goods delivered by Westwing remain the property of Westwing until full payment has been received. You are entitled to sell the goods in the ordinary course of business as long as you are not in default. Pledging and transfer by way of security are not permitted. In the event of resale, the customer hereby assigns the resulting claim against the purchaser to Westwing by way of security. The same applies to other claims that take the place of the delivered goods or otherwise arise with regard to the delivered goods, such as insurance claims or claims arising from unauthorised action in the event of loss or destruction. Westwing revocably authorises you to collect the claims assigned to Westwing in your own name. Westwing may only revoke this direct debit authorisation in the event of liquidation.

12.2 If third parties gain unauthorised access to the goods, you will immediately point out Westwing's ownership and inform Westwing of this in order to enable Westwing to enforce its rights.

13. SERVICE AND COMPLAINTS

Your satisfaction is very important to us. That is why we endeavour to process your request(s) as quickly as possible and to get back to you as soon as we receive your request. For service enquiries, please contact Westwing Customer Service:

Westwing GmbH Moosacher Straße 88 80809 Munich

E-mail: service@westwing.fr

Phone: +33 (1) 86263006

14. DISCLAIMER FOR HYPERLINKS

Insofar as www.westwing.fr refers to websites of other providers via hyperlinks, Westwing has no influence whatsoever on their content, does not adopt them as its own and assumes no guarantee or liability for their content. The respective provider or operator of these sites is always responsible for their content. As soon as Westwing becomes aware of legal violations on the websites of other providers, the corresponding hyperlinks on www.westwing.fr will be removed immediately.

15. DATA PROTECTION

For all questions regarding the protection of your data, please refer to Westwing's privacy policy at https://www.westwing.fr/i/privacy_policy/

16. RIGHTS OF USE FOR IMAGE MATERIAL ON WWW.WESTWING.FR

The content of this website, including texts, graphics, photos, illustrations, images, videos, sounds and software is protected by copyright. Downloading or use for private purposes is permitted. Further publication, transmission, reproduction or other use of the content is not permitted.

All rights of use to image material on www.westwing.fr are held by Westwing or our partners. The use of the image material - in any form whatsoever - is not permitted without the express consent of Westwing.

All Westwing trademarks used on the website are - unless otherwise stated - our trademarks and may not be used without the prior written consent of Westwing.

17. CODE OF CONDUCT

You undertake to comply with Westwing's Code of Conduct for Business Partners as amended from time to time (available at https://ir.westwing.com/websites/westwing/English/5500/compliance.html). A breach of the Code of Conduct for Business Partners constitutes a material breach of contract which entitles Westwing to terminate the contract for good cause.

18. ALTERNATIVE DISPUTE RESOLUTION

Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS) on the Internet pursuant to Art. 14 (1) ODR Regulation. You can find this at here .

Westwing GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

19. AMENDMENTS TO THE GTC

Westwing reserves the right to make changes to the Website, rules, terms and conditions including these GTC at any time. The terms and conditions in force at the time of your order will apply to your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed).

20. FINAL PROVISIONS

20.1 For legal disputes arising from or in connection with the use of www.westwing.fr, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

20.2 In the event that several language versions are offered, the English version of the GTC is the authoritative language version.

20.3 Should a provision be or become void or ineffective, the remaining provisions shall remain valid. The relevant statutory provisions shall apply in place of the void or ineffective provisions

Your Westwing GmbH Moosacher Str. 88 80809 Munich

Status: 14.10.2024