B2B Terms and conditions
Unbinding AI generated Convenience Translation to English
B2B GENERAL TERMS AND CONDITIONS OF USE
Status: 28.11.2024
GENERAL TERMS AND CONDITIONS FOR THE USE OF THE ONLINE SHOP WWW.WESTWING.CZ PRIVATE INDIVIDUALS AND LEGAL ENTITIES
Below we present our General Terms and Conditions (hereinafter referred to as "T&C"), which serve as the basis for the use of the Westwing Online Shop on the website www.westwing.cz for use. Entrepreneurs. By submitting your order, you acknowledge 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 the Czech Republic who use the offers on our website. An entrepreneur within the meaning of these GTC is a natural person or a legal entity who, when concluding a legal act, acts as part of its business or independent professional activity.
1. GENERAL INFORMATION AND SCOPE OF APPLICATION
1.1 Westwing operates an online store on the www.westwing.cz Website.
1.2 In order to be able to use the offers available in the online shop, you must act as an entrepreneur, i.e. as a natural or legal person or company with legal personality in the course of its commercial or independent professional activity.
1.3 These GTC apply to all contracts concluded with you as an entrepreneur via the website www.westwing.cz in accordance with point 1.2, unless they are subject to the Consumer GTC. Westwing does not accept any other GTC unless expressly agreed otherwise in writing.
1.4 Individual agreements entered into with you in individual cases (including side agreements, amendments and amendments) take precedence over these Terms and Conditions. Unless proven otherwise, a written contract or written confirmation (electronic form is sufficient) from Westwing is decisive for the content of these agreements.
1.5 Westwing employees are generally not authorized to enter into oral side agreements or to provide oral assurances or statements that go beyond the content of a written agreement.
1.6 If (working) days are specified as dates, this means all working days except Saturdays, Sundays and public holidays in the Czech Republic.
2. USE OF THE WEBSITE WWW.WESTWING.CZ
2.1 When ordering goods, you will be asked to provide personal data and consent to register a corporate account, which will be collected and processed in accordance with Westwing's privacy policy. Section 14 applies.
2.2 You are responsible for ensuring that the information is complete and true. You are also required to keep the data up to date. If there is a change in the data provided during your use of the website, you must correct the data immediately. You are obliged to treat your passwords and other access data confidentially and to protect them from access by unauthorised third parties.
2.3 If you create a Business Customer Account, you will receive a registration confirmation by e-mail (so-called "double opt-in") after completing the registration process.
2.4 You are solely responsible for the content (such as product reviews) that you post in the areas accessible for this purpose. You warrant that your own content does not infringe or infringe the rights of third parties (e.g. moral rights or copyrights). In this regard, you are obligated to indemnify Westwing in full for third-party claims on your first request. By providing content to Westwing, you grant Westwing and all companies of the Westwing group affiliated with Westwing (hereinafter referred to as the "Westwing Group") all simple, temporally, spatially and content-unlimited rights of use, including transfer, to third parties, which Westwing requires to publish and disseminate the content, even in part, on the Westwing Group Websites.
2.5 In your company customer account, you can view your open, recently shipped and/or completed orders and, if necessary, change them, as well as manage and store your own data, vouchers, newsletters and notifications in a differentiated manner.
2.6 You are only entitled to register and operate a Business Customer Account on the www.westwing.cz Website. If Westwing detects multiple registrations, it may delete them.
2.7 You are prohibited from using the Website www.westwing.cz or its content for any purpose that is unlawful, inappropriate or prohibited by these Terms and Conditions. In particular, it is not allowed to disrupt or manipulate technical processes. In the event of behavior or attempts to gain unauthorized advantages to the detriment of Westwing or other customers, Westwing reserves the right to block the Business Customer's account and not accept offers.
2.8 Westwing reserves the right to exercise its virtual domicile rights at its own discretion and, for example, to issue warnings, refuse orders, restrict available payment methods, suspend or terminate your access to the www.westwing.cz Website or delete content sent by you if the provisions of these Terms and Conditions are violated or abused. Any claims for damages by Westwing remain unaffected.
3. CONTRACTUAL PARTNER, LANGUAGE AND CONCLUSION OF THE CONTRACT
3.1 Westwing is the contractual partner for concluding contracts on the www.westwing.cz Website.
3.2 The www.westwing.cz website is operated in the Czech language. Contracts through the website are concluded in Czech or English.
3.3 The offer of goods on the www.westwing.cz website is not a binding contractual offer, but it is subject to change and is non-binding as an invitation to submit an offer (so-called "invitatio ad offerendum"). After placing the selected products in the (virtual) shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer by clicking on the "Ordering" button and thus order the goods that are currently in the (virtual) shopping cart. After submitting the offer, you will receive an email from Westwing confirming the offer. This e-mail from Westwing does not constitute acceptance of the contract by Westwing. It is at Westwing's discretion whether or not to accept the offers. If Westwing does not accept an order, Westwing will inform you immediately. The contract is accepted via a separate shipping confirmation email, but no later than at the time of shipment.
3.4 Westwing stores the order data and sends it to you by e-mail after the order has been completed. You can also view the GTC at any time at https://www.westwing.cz/i/terms_and_conditions/. If you have created a customer account before placing your order, you can view your order details in the login area. This also applies to past orders within the scope of statutory retention obligations.
3.5 Order processing and contacting is usually carried out via automated order processing or 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 there. In particular, when using SPAM filters, you must ensure that all e-mails sent by Westwing or third parties commissioned by Westwing can be delivered.
4. SHIPPING PRICES AND COSTS
4.1 For orders of goods on the www.westwing.cz website, the prices stated on the goods detail page at the time of order apply. These are total prices including statutory VAT and packagingTransport costs and possibly the cost of an additional assembly service are added to the price (see point 5).
4.2 Shipping costs are charged separately for each order and are based on the price shown on the product detail page. This depends, among other things, on the size, weight and the respective mode of transport. This is at the discretion of Westwing.
4.3 In the case of delivery by Westwing, the prices of DDP Incoterms® 2020 apply, including regular packaging, unless otherwise agreed.
4.4 Westwing may grant you discounts and vouchers in accordance with Clause 1.4 in addition to the discounts listed on the www.westwing.cz website under individual contracts. In this case, only one alternative discount or voucher can be applied to one order. A discount or voucher that the customer has selected and saved in the shopping cart is valid.
4.5 Via your customer account, you have the option of receiving VAT invoices and taking the business discount into account directly when ordering. Manual invoice corrections for business customer accounts are generally not performed.
4.6 Westwing is entitled to first set off payments against older debts and will inform you of the type of set-off that has taken place.
4.7 Payment is only deemed to have been made when Westwing is able to dispose of the amount.
4.8 If Westwing becomes aware of circumstances that cast doubt on your creditworthiness, if you fail to pay due invoices, or if insolvency proceedings are filed, initiated or rejected due to lack of assets, Westwing shall be entitled to declare all remaining debt due. In such a case, Westwing is also entitled to require advances or the provision of a security.
5. PAYMENT TERMS AND PAYMENTS
5.1 If you have a VAT identification number and after our credit check, you can pay for the goods using the following payment methods: credit card (VISA, Mastercard, American Express), ApplePay, GooglePay (only available when ordering via a web browser), Blik, Przelewy24 (P24), cash on delivery and prepayment.
5.2 Westwing currently accepts various credit cards: VISA and Mastercard and American Express. Upon receipt of your order, Westwing will charge your credit card for the invoiced amount through our payment service provider Stripe Payments Europe Ltd (registered with the Irish Trade and Companies Register under number 3206488LH).
5.3 ApplePay, GooglePay, Blik and P24 payment methods are processed by the payment service provider Stripe Payments Europe Ltd (registered with the Irish Companies Register under number 32064LH).
6. INVOICING
6.1. By accepting the GTC, you agree that Westwing may send invoices to you by electronic means or make them available to you by electronic means in accordance with Article 232 of Council Directive 2006/112/EC.
6.2 Please note that if your data (in particular your tax identification number) is not correct when placing an order according to point 2.2, we cannot issue you a corrective invoice to correct the data after completing your order.
6.3 In the event that you provide Westwing with a VAT number other than the Polish active VAT number that is not valid for the purposes of intra-EU transactions (not valid according to the VIES - Vies on-the-Web - European Commission (europa.eu)) VAT ID), you confirm that you are not obliged to report the acquisition of goods within the EU in the member state of destination of the consignment of the goods, and therefore Westwing is only obliged to process your order under the applicable VAT regulations as a B2C customer order and to account for the delivery adequately for VAT purposes.
7. VOUCHERS
7.1 Westwing offers different types of vouchers: Promotional vouchers and compensation vouchers:7.1.1 Promotional vouchers (e.g. "refer-a-friend" voucher)
7.1.1.1 Promotional vouchers are vouchers that are issued free of charge as part of advertising campaigns with a certain period of validity and cannot be purchased. Promotional vouchers can only be used for www.westwing.cz during a specified period, but not for shipping or set-up costs. Promotional vouchers may be subject to additional, individual conditions. These will be communicated to you directly in connection with the voucher.
7.1.1.2 Vouchers that you have received as a new customer following an invitation from a Westwing member (so-called "refer-a-friend" voucher) cannot be redeemed if you already have an account with Westwing, as only new customers can redeem the voucher.
7.1.1.3 Entry registration or vouchers for new customers that you receive once for registration on the Website www.westwing.cz for registration in the store can only be redeemed once per Business Customer account.
7.1.1.4 Only one Promotional Voucher can be redeemed per order. It is not possible to refund or credit the remaining part of the promotional voucher if the value of the purchase is less than the value of the voucher.
7.1.1.5 A Promotional Voucher is non-transferable, non-refundable and cannot be redeemed if, within the scope of your statutory right of withdrawal, you return goods or services that have been paid for in whole or in part with the Voucher. If you return the ordered goods in parts, the value of the voucher will be divided 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 expires in proportion to the value of the goods. If the voucher is linked to a minimum order value, it must also be achieved in the case of a partial return, otherwise the voucher value will not be credited.
7.1.2. Compensation vouchers
7.1.2.1 Compensation Vouchers are vouchers that cannot be purchased, but are issued by Westwing at its sole discretion as compensation, without acknowledging any legal obligation.
7.1.2.2 The provisions on promotional vouchers shall apply to promotional vouchers as appropriate.
7.2 In the event of reasonable suspicion of fraud or other illegal or unlawful conduct in connection with the purchase or redemption of a voucher, Westwing may block the relevant voucher code (even temporarily) or refuse to redeem it (even temporarily). In this case, you have the right to cancel your order.
7.3 Payment of the voucher amount is not possible, nor is it possible to transfer the value or post-credit for purchases already made, i.e. before the completion of the order process.
8. DELIVERY AND SHIPPING CONDITIONS
8.1 Delivery takes place only in the Czech Republic to the delivery address provided by you.
8.2 Basic delivery times are communicated to you on the relevant goods detail page and are always approximate only, unless expressly agreed as binding. After the delivery period has expired, another delivery time is set without explanation in the length of the delivery period, but no longer than 14 working days.
8.3 The ordered goods will be dispatched at Westwing's discretion either as a package or via a freight forwarding company.
8.4 Westwing is entitled to make partial deliveries and provide partial services if it is reasonable for you to do so. This applies if the partial delivery is usable for you for 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).
8.5 Westwing cannot be held liable for non-performance or defective performance of its obligations under the contract concluded if this is caused by the occurrence of force majeure and to the extent that the force majeure has caused the impossibility of performance or the defective performance of its obligations, without prejudice to the fact that Westwing will do everything in its power to minimize the consequences of such an event.
Force majeure includes all unforeseeable events or events which, even if foreseeable, are beyond Westwing's control and the impact on the performance of the contract could not have been avoided by Westwing even if it had made reasonable efforts. This includes, but is not limited to, war, riot, insurrection, military or civil coup, insurrection, civil disturbance, insurrection, embargo, government order, fire, flood, storm, hurricane or other adverse weather of catastrophic proportions, earthquake, lightning, pandemic, epidemic, nuclear hazard or any similar cause beyond Westwing's control that makes it impossible, impossible or economically impossible to perform or comply with the obligations set forth in these Terms and Conditions. If force majeure occurs, Westwing shall notify you immediately. Westwing is exempt from performance for the duration of the event. Delivery and fulfillment dates shall be extended accordingly. If the force majeure lasts longer than 8 weeks, both Westwing and you are entitled to withdraw from the contract.
8.7 If delivery of the goods fails for reasons for which you are responsible, Westwing is entitled to charge you for the cost of redelivery and reasonable storage costs from the date of the failed delivery. Redelivery is subject to a charge even if the original delivery was free of charge for you. We will inform you of the additional costs prior to redelivery 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, Westwing will refund any payments already made.
8.8 Delivery of an order to Customer presupposes that Customer has no outstanding debts to Westwing.
8.9 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 of Section 9. The customer may only refer to the above circumstances if Westwing informs him without delay.
9 WARRANTY, LIABILITY AND DAMAGE IN TRANSIT
9.1 You are obliged to check the goods immediately and carefully, i.e. individually, for defects in quantity or quality. You must immediately report all defects in writing. Defects that cannot be detected within this period, even after careful inspection, must be reported in writing to Westwing at service@westwing.cz immediately after they have been discovered.
9.2 Defects are not considered to be normal or minor, technically unavoidable deviations in quantity, quality, colour, width, weight, equipment or workmanship.
9.3 In the event of defects, Westwing has the right to choose between repair or replacement. Westwing's right to refuse subsequent performance in accordance with legal requirements remains unaffected.
9.4 If the remedy is not made after a reasonable period of time, you may, at your discretion, request a price reduction or withdraw from the purchase contract. The second option is excluded in the case of only minor deviations from quality.
9.5 The warranty period is 12 months from the date of delivery of the goods.
9.6 Without prejudice to mandatory statutory provisions, Westwing's liability shall be limited to cases of gross negligence or intent on the part of Westwing.
9.7 The above limitations and exclusions of liability under Section 10.6 shall not apply if Westwing has fraudulently concealed a defect or has assumed a warranty for the goods.
9.8 Claims for compensation for damage caused by obvious material defects in the delivered goods are excluded if you do not notify us of the defect within two weeks of delivery of the goods.
9.9 Claims for compensation for damage caused by obvious material defects in the delivered goods are excluded if you do not notify us of the defect within two weeks of delivery of the goods.
9.10 The following limitation applies to contracts for the supply of second-hand goods: In the case of claims for defects, the limitation period is one year from the delivery of the goods.
9.11 If the goods are delivered with obvious damage to the packaging or contents, we ask you to immediately file a complaint with the relevant delivery person and contact Westwing customer service (service@westwing.cz). This notification has no effect on your warranty rights, but makes it easier for Westwing to enforce claims against the supplier.
10. WARRANTIES
10.1 An additional warranty exists only if it is expressly stated and described on the product detail page.
10.2 Drawings, illustrations, dimensions, weights or other design data do not constitute promises or warranties and are binding only if expressly agreed.
10.3 Quality agreements take precedence over other objective requirements.
11. RESERVATION OF OWNERSHIP
11.1 Goods delivered by Westwing remain the property of Westwing until full payment.
11.2 If third parties gain unauthorized access to the goods, you will immediately notify Westwing of the ownership and inform Westwing so that it can exercise its rights.
12. SERVICE AND COMPLAINTS
Your satisfaction is very important to us. Therefore, we strive to process your request(s) as quickly as possible and get back to you as soon as we receive your request. For service questions, please contact Westwing Customer Service:
Westwing GmbH
Moosacher Straße 8880809 Munich
E-mail: service@westwing.cz
Phone: +420 228 887 756
13. DISCLAIMER OF HYPERLINKS
Insofar as www.westwing.cz links to websites of other providers via hyperlinks, Westwing has no influence on their content, does not accept them as its own and assumes no liability or liability for their content. The respective provider or operator of these pages is always responsible for their content. As soon as Westwing becomes aware of legal violations on the websites of other providers, the corresponding hyperlinks to the www.westwing.cz will be removed immediately.
14. DATA PROTECTION
Any questions regarding the protection of your data can be found in Westwing's privacy policy at https://www.westwing.cz/i/privacy_policy/.
15. RIGHTS TO USE IMAGES ON WWW.WESTWING.CZ
The content of this website, including text, graphics, photographs, illustrations, images, videos, sounds and software, is protected by copyright. Downloading or using for private purposes is permitted. Republishing, transmission, reproduction or other use of the content is not permitted.
All rights to use the images on the www.westwing.cz Site are owned by Westwing or our partners. The use of images - in any form - is not permitted without the express consent of Westwing.
All Westwing trademarks used on the Website are - unless otherwise noted - our trademarks and may not be used without the prior written consent of Westwing.
16. CODE OF CONDUCT
You agree to comply with the Westwing 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 Business Partner Code of Conduct constitutes a material breach of contract that entitles Westwing to terminate the contract for good reason.
17. CHANGES TO THE T&C
Westwing reserves the right to make changes to the Website, Terms and Conditions, including these T&Cs, 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 government order (in which case they will also apply to orders previously placed).
18. FINAL PROVISIONS
18.1 Legal disputes arising out of or in connection with the use of the www.westwing.cz Site shall be exclusively governed by the laws of the Czech Republic, with the exception of the United Nations Convention on Contracts for the International Sale of Goods.
18.2 In the event that any provision is or becomes invalid or ineffective, the other provisions shall remain in effect. The relevant statutory provisions shall apply in place of invalid or ineffective provisions.
Your company Westwing GmbH
Moosacher Str. 88
80809 Munich