Terms and conditions
Unbinding AI generated Convenience Translation to English
We present our General Terms and Conditions (hereinafter referred to as the "GTC"), which apply to the use of the Westwing (online) store on the www.westwing.pt website as well as all its subdomains ("Website"). By placing your order, you accept the GTC of Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany (hereinafter referred to as "Westwing").
The use of this Website shall be governed by these GTC, and their use shall imply acceptance of them by the User. If the User rejects these GTC, he or she must immediately cease using the Website.
Westwing may change or update these GTC and its privacy policy in whole or in part without prior notice by introducing any changes or updates in force as published in the respective section of the Website. The user should regularly check the sections where the GTC and the Privacy Policy are made available to check for the latest version.
Access to and use of the Website is provided for personal use only. Westwing reserves the right to assess at its discretion the compliance of the user's use of the Website in accordance with these Terms and Conditions. Violation of the GTC may result in the withdrawal of the permission to use granted by Westwing in accordance with the terms set out herein and the exercise of its rights to the fullest extent permitted by law.
The user undertakes to indemnify and hold Westwing and its legal representatives, partners and employees harmless from and against any damages, liabilities, claims, including expenses and costs of representation, that may be claimed by third parties as a result of the use of the Website in terms that are not in accordance with these GTC and/or due to the violation of the conditions set out in these GTC. and/or resulting from a breach of the representations and warranties contained in these GTC.
These GTC apply to consumers with a billing address in Portugal who take advantage of the offers on our Website. A consumer as defined in these GTC is any natural person who enters into a lawful transaction for purposes that cannot be attributed to his or her predominantly commercial or professional activity.
1. GENERAL AND SCOPE
1.1 Westwing operates an (online) store (hereinafter referred to as the "Store") on the Website.
1.2 To access the offers available on the Store, persons must be at least 18 years of age.
1.3 In principle, the products may only be sold in quantities customary for domestic use.
1.4 These GTC apply to all contracts concluded via the Website.
1.5 If (working) days are indicated as time limits, these shall be understood as all working days, with the exception of Saturdays, Sundays and public holidays.
2. Use of the Website
2.1 When you order products, you will be asked to provide your personal details. Clause 18 applies.
2.2 You are responsible for ensuring that the data is complete and true. The user is also obliged to keep his data up to date. If there is a change in the data provided during the use of the Website, the user must immediately correct the information. The user is obliged to treat their passwords and any other access data confidentially and to protect them against access by unauthorized third parties.
2.3 If you create a customer account, you may receive a confirmation of your registration by email after completing the registration process (so-called "double opt-in").
2.4 You are solely responsible for the content (e.g. product reviews) that you post in the areas accessible for this purpose. You warrant that your content does not infringe or violate the rights of third parties (e.g. personal rights or copyright). In this regard, the user undertakes to fully indemnify Westwing against any claims by third parties upon prior request. By submitting the content to Westwing, you grant Westwing and all Westwing affiliated companies in the Westwing Group (hereinafter referred to as the "Westwing Group") all the rights of simple use, unlimited in terms of time, space and content, and also of transfer to third parties, that Westwing needs to publish and distribute the content, even if only partially, on the Westwing Group websites.
2.5 In your customer account you can view and, if necessary, change your open, recently dispatched and/or completed orders as well as manage and store your own data, vouchers, newsletters and notifications in a differentiated manner.
2.6 The user may only register with one customer account in the Website Store and may only use one customer account at a time. If Westwing detects multiple registrations, Westwing may delete them.
2.7 The use of the Website or its contents for purposes that are illegal, abusive or prohibited by these GTC is prohibited. In particular, technical processes cannot be disturbed or manipulated. In the event of conduct or attempt to obtain unjustified advantages 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 may exercise all of its rights at its discretion and, for example, issue warnings, refuse orders, restrict available payment methods, suspend or terminate access to the Website or delete transmitted content if the provisions of these GTC are violated or if there is an abuse of rights. The user's right of revocation under Clause 11 shall not be restricted in any way by the above-mentioned measures. Any claims for compensation by Westwing will not be affected.
3. CONTRACTING PARTIES, LANGUAGE AND CONCLUSION OF THE CONTRACT
3.1 The contracting party in the conclusion of contracts on the Website is Westwing.
3.2 The Website is operated in the English language. The contracts entered into through the Website are exclusively in Portuguese.
3.3 The offer of goods and services on the Website is not a binding offer of contract within the meaning of Article 224 of the Portuguese Civil Code, but is to be understood as an invitation to contract (the so-called "invitatio ad offerendum" or "invitation to contract"). Once the selected products and services have been placed in the virtual shopping cart and the electronic ordering process has been completed, the user makes a legally binding contractual offer by submitting an order for the goods and services that are in the virtual shopping cart at that time and clicking on the "Buy now" button. After you submit your offer, you will receive an email from Westwing about receipt of your offer. This email from Westwing does not constitute acceptance of the contract. It is at Westwing's sole discretion not to accept offers. If an order is not fulfilled by Westwing, Westwing will inform you immediately. Acceptance of the contract will be made by means of a separate e-mail with the confirmation of the dispatch or the confirmation of the provision of the service, but at the latest when the products are dispatched.
3.4 Westwing stores the order data and sends it to you by e-mail after the order has been completed. This email also contains a cancellation policy. You can also download the GTC in https://www.westwing.pt/i/terms_and_conditions/ at any time. If you have created a customer account before submitting your order, you can always check your order details in the login area. This also applies to previous orders within the scope of statutory retention obligations.
3.5 Order processing and contact is usually carried out via automatic order processing or by 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 make sure that all emails sent by Westwing or third parties engaged by Westwing to process your order can be delivered. If the contact details are not accurate, Westwing will not be liable if orders are not properly completed.
4. PRICES AND SHIPPING COSTS
4.1 For orders for goods and services placed through the Website, the prices indicated on the respective item detail page at the time of order apply. Prices are the total prices, including VAT and packaging packaging. Shipping costs and, if applicable, the costs of the additional assembly service offered are added (see section 5).
4.2 Shipping costs are charged separately for each order and are based on the price stated on the product detail page. This depends, among other factors, on the size, weight and 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 a separate additional service, for a fee, in almost all regions of Portugal (hereinafter "Assembly Service"). If you want the product to be assembled in this case, you can order the Assembly Service by placing a check mark in the "Assembly Service" field on the item detail page, adding the item to the virtual shopping cart and completing the order by clicking on the "Buy Now" button. Alternatively, you can book the Assembly Service later by selecting a delivery date and checking the "Assembly Service" box.
Westwing does not guarantee that the products can be effectively assembled or fixed in the places provided for this purpose. Westwing reserves the right, at its sole discretion, not to offer the assembly service in individual cases. Installation must be carried out in accordance with the respective assembly instructions.
5.2 Westwing will, at its option, provide the Assembly Service by itself or through third parties (subcontractors) acting on behalf of Westwing. The customer does not have the right to select a specific person to carry out the desired assembly service.
5.3 Unless you have already agreed on a delivery date via the booking website, you will be contacted by Westwing or a Westwing subcontractor for an appointment after you have placed your order. For the provision of the Assembly Service, an adequate and easily accessible environment must be ensured, with reasonable assistance from you, to the extent necessary (e.g. allow access, sufficient space for assembly).
5.4 Painting and wallpapering work and/or electrical installations, as well as installations on walls and ceilings, are excluded from installation services.
5.5 When you select the Assembly Service, additional costs will be charged to the purchase price of the product for this service, according to the price shown when you place your order or on the Appointment Booking Website.
5.6 The risk of accidental loss and accidental deterioration of the goods will only pass to the customer after completion of the Assembly Service and delivery of the goods.
5.7 Westwing and its subcontractors shall be entitled to carry out an acceptance inspection after assembly and to produce visual material for documentation purposes.
6. Payment and payment terms
6.1 You may pay for the goods by one of the following payment methods:
Paypal, credit card (VISA, Mastercard, American Express), ApplePay, GooglePay (only available for orders placed through the webbrowser) and Klarna.
6.2 Westwing currently accepts a number of credit cards: VISA and Mastercard, as well as American Express. Westwing will debit the amount of your credit card bill upon receipt of the order through our payment service provider Stripe Payments Europe Ltd. (registered with the Irish Commercial Register under number 3206488LH).
6.3 If ApplePay or GooglePay (for orders placed via the web browser only) is selected as the payment method, the payment will be processed by our payment service provider Stripe Payments Europe Ltd (registered with the Irish Companies Registry under number 3206488LH).
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 Companies Register under the R.C.S. Luxembourg B 118 349), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
6.5 Westwing also offers the following payment options through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (registered with the Swedish Companies Register under number: 556737-0431), if you have a corresponding credit rating: purchase on account with payment within 30 days, payment in three interest-free instalments or direct financing. In this case, Westwing assigns its credit to Klarna, which assumes sole responsibility for the credit rating.
7. VOUCHERS
7.1 Westwing offers several types of vouchers: Gift Card, Discount Codes and Compensation Discount:
7.1.1 Gift Card
7.1.1.1 Gift Cards are vouchers that you can purchase on the Website and return only on the Website, unless otherwise stated on the Gift Card itself. Its value can be used as a means of payment for future orders. Gift Cards will be provided to you by email after ordering.
7.1.1.2 Gift Cards and remaining balances are refundable until the end of the third year following the year of purchase of the Gift Card.
7.1.1.3 If you have more than one Gift Card, you can use multiple cards at checkout
7.1.1.4 Gift Cards may only be used for the purchase of goods and not for the purchase of other Gift Cards.
7.1.1.5 If the price of your order exceeds the balance of the Gift Card, you can make up the difference using the payment methods offered. If the price of your order is less than the Gift Card credit, you can use the remaining credit on your next order.
7.1.1.6 In the event of a return - for any reason - the purchase price will be refunded by debit from the Gift Card, as well as from the payment methods used additionally, if any.
7.1.1.7 The Gift Card is transferable.
7.1.1.8 Lost codes, namely stolen ones, for access to the Gift Cards will not be refunded. Westwing assumes no responsibility for the loss of Gift Card codes.
7.1.2 Discount Codes
7.1.2.1 Discount codes are vouchers issued free of charge as part of advertising campaigns with a specific validity period and cannot be purchased directly by you. Discount codes can only be obtained through the Website during the specified period, but are not subject to shipping or installation costs. Discount codes may be subject to additional and specified conditions. These will be communicated to the user who has obtained the discount code.
7.1.2.2 The Discount Code that the new customer receives when registering on the Website to register in the store, can only be used once per customer account.
7.1.2.3 It is not possible to refund or credit any remaining balance of a discount code that arises if the purchase amount is less than the discount code amount.
7.1.2.4 The Discount Code is non-transferable, non-refundable and cannot be used again if you return the products paid for in full or in part with the discount under the statutory right of withdrawal. If you return the ordered goods proportionally, the discount amount will be distributed proportionally among the goods ordered, i.e. in the case of return of individual items, the discount will be credited proportionally to the price of the returned goods and will expire proportionally to the value of the goods. If a discount is associated with a minimum order value, this must also be reached if the items are partially returned, otherwise the credit of the discount code amount is not applicable.
7.1.4. Compensatory rebate
7.1.4.1 Discount vouchers are vouchers which cannot be purchased, but which are issued by Westwing, at its discretion, as compensation, without acknowledgment of any legal obligation.
7.1.4.2 Promotion regulations apply accordingly.
7.2 Westwing may, in the event of a justified suspicion of fraud or other activities contrary to the law or the conditions relating to the purchase or redemption of a compensation discount, block the corresponding voucher code (also temporarily) or refuse the redemption (also temporarily). In the latter case, the user has the right to cancel the order.
7.3 It is not possible to pay the amount of the compensatory discount, nor is it possible to transfer value or to set off subsequent purchases already made, i.e. before the completion of the ordering process.
7.4 The above-mentioned compensatory rebate can only be used by consumers.
8. Delivery and shipment terms
8.1 Deliveries will only be made in Portugal, Madeira and Azores to the delivery address provided by the customer and may have different conditions depending on the delivery address provided.
8.2 The basic delivery times are communicated to you on the detail page of the respective item.
8.3 The products ordered will be shipped as an order or by freight forwarder, at Westwing's discretion.
8.4 Westwing does not assume any acquisition risk, in particular in the case of a generic purchase. Westwing is only obliged to make deliveries considering the existing stock of products or from the delivery of products ordered from suppliers. Westwing's delivery obligation does not apply if Westwing is not supplied, not supplied in full or not supplied in time, despite the fact that there is a hedging transaction with the respective supplier and you are not responsible for this, if Westwing has informed you without delay and a separate acquisition risk has not been expressly agreed. Westwing will refund any upfront payments.
8.5 Westwing shall not be held liable for non-performance or defective performance of Westwing's obligations under this Agreement if and to the extent that this is due to the occurrence of a force majeure event, without prejudice to the fact that Westwing will do everything in its power to minimise the consequences of such an event.
Force majeure means any unforeseen event or events which, even if foreseeable, are beyond Westwing's control and the effect on the performance of the contract cannot be avoided by Westwing's reasonable efforts. This includes, but is not limited to, war, warlike conditions, riot, rebellion, military or civil coup, insurrection, riot, riot, embargo, governmental order, fire, flood, storm, hurricane or other severe weather conditions on the scale of a catastrophe, earthquake, lightning strike, pandemic, epidemic, nuclear hazard or similar cause that is beyond Westwing's control and makes it illegal, it is impossible or commercially impracticable to perform or fulfil the obligations governed by these GTC. If a force majeure occurs, Westwing is obliged to inform you immediately. Westwing will be released from its obligation to perform for the duration of the event. Delivery and execution times will be extended appropriately. If the case of force majeure lasts for more than 8 weeks, Westwing and the customer have the right to terminate the contract.
8.6 If the delivery of the goods is not carried out for reasons of its responsibility, Westwing will charge you for the costs of a new delivery as well as reasonable storage costs from the day on which the delivery should have taken place. The costs of a new delivery will be charged to the customer, even if the first delivery was free of charge to the customer. We will inform you of the additional costs before the new delivery and will only proceed with the delivery with your consent. Please note that the refusal to accept does not constitute an effective exercise of your right of withdrawal and must be expressly declared to Westwing. Westwing reserves the right to terminate the contract if the user does not agree to a new delivery within 7 days. In this case, Westwing will refund any payments already made by the customer. This also applies if you do exercise your right of withdrawal. In this case, you will also be refunded the shipping costs (normal shipping).
9. Warranty, LIABILITY and shipping damage
9.1 All products are guaranteed for any lack of conformity that manifests itself within a period of 3 years from the date of delivery of the products.
9.2 Westwing shall only be liable for damages suffered by the user if such damages result from attributable breaches of Westwing's contractual obligations to the user or if Westwing's liability arises from applicable law.
9.3 In the event that the customer has suffered damage in connection with the activity of the Website, Westwing's liability shall be limited to damage caused to: (i) the products sold by Westwing or other materials; (ii) the reasonable and verifiable costs incurred by the customer to find the cause and the amount of compensation attributable to the damage; (iii) the maximum reimbursement of the compensation referred to above will be (if applicable) the price of the products concerned.
9.4 Westwing cannot be held liable for damages suffered by third parties that result from the use of any of our products. Westwing cannot be held liable for damages suffered by the customer as a result of incorrect use of the products sold on the Website.
9.5 In the event that the customer suffers damage as a result of gross negligence or willful misconduct on the part of Westwing or has taken a lien on the goods, none of the limitations contained in this article shall apply.
9.6 If the goods are delivered with obvious damage to the packaging or contents, we ask you to lodge a complaint immediately with the delivery company in question and to contact Westwing Customer Service on (support@westwing.pt). The notification has no effect on your warranty rights, but it makes it easier for Westwing to enforce its claims against the delivery company.
10. Additional Warranty
There is only an additional warranty if it is explicitly stated and described on the product detail page.
11. CONSUMERS' RIGHT OF WITHDRAWAL
The buyer has the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day on which the buyer or a third party designated by him, other than the carrier, took possession 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. letter or email sent by post). You can use the following model withdrawal form, which is not mandatory:
Cancellation Form Template
(If you wish to withdraw from the contract, please complete and return this form):
I/we (*) revoke the contract by me/us (*) entered into for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/ Received on (*)
Name of the consumer(s)- Address of the consumer(s)
Signature of the consumer(s) (only in case of paper notification)
Date
(*) Crossing out what doesn't matter
In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
The revocation must be addressed to:
by mail: Westwing GmbH, Moosacher Str. 88, 80809 Munich, Germany
Email: support@westwing.pt
Phone (for Portugal): +351 308 812 465
12. Consequences of revocation
If you have revoked the purchase contract, we will refund all payments we receive from you, including delivery costs, without undue delay and no later than fourteen (14) days from the day on which we receive the notice of revocation of the contract. For the refund, we will use the same means of payment as you used for the original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged for this refund. We may refuse a refund until we have received the goods back or until 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 of the day on which you notify us of the termination of the contract, to the following address
Westwing GmbH
Calle Zenc n°6/10 Castellbisbal
Nave CTB
The deadline is respected if you send the product before the fourteen-day deadline. The costs of returning the product are borne by us. You should only pay any loss of value of the product if such loss of value is due to handling that is not necessary for the verification of the condition, properties and function of the product.
If you have requested to commence the services during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in relation to this contract, compared to the total scope of the services provided for in the contract.
The right of withdrawal does not exist or expires in the following contracts:
in the case of delivery of products which are not suitable for return for reasons of health protection or hygiene and the seal of which has been removed after delivery or which, by their nature, have been inseparably mixed with other goods after delivery;
for the delivery of goods manufactured according to customer specifications or clearly tailored to personal needs
in the event of delivery of products that may spoil quickly or whose expiration date is quickly exceeded;
13. CONSUMERS' RIGHT OF VOLUNTARY RETURN
13.1 For all purchases of goods, Westwing grants you a right of voluntary return for a total period of thirty (30) days from receipt of the goods, in addition to the statutory right of revocation under Clause 11. This voluntary right of return entitles you to withdraw from the purchase contract even after the fourteen-day withdrawal period has expired (see section 11) by returning the goods to Westwing within thirty days of receipt.
However, a precondition for exercising the right of voluntary return is that the product is returned complete, in perfect condition and without damage to the original sales packaging. Otherwise, Westwing reserves the right to refuse the return. We would like to point out that the transport risks are borne by the customer when returning the goods within the scope of the voluntary right of return. The right of voluntary return does not apply to the purchase of gift cards.
13.2 The refund will be made to the means of payment used by you for the payment. If the chosen means of payment is direct debit, no objection to direct debit is required.
13.3 Your statutory right of withdrawal (cf. Clause 11) is not affected by compliance with the requirements set out in this Clause 13 and continues to apply regardless. Until the expiry of the period of the statutory right of withdrawal, only the statutory conditions laid down therein apply. This contractual (voluntary) right of return does not limit your statutory warranty rights, which remain unlimited.
14. Reimbursement of delivery and service costs in the event of partial revocation
If you terminate the contract in respect of only a portion of the items in an order (partial termination), Westwing will refund the payments for the items covered by the termination, including delivery and assembly costs (if they have not yet been assembled). However, if the delivery and assembly costs (or part of them) had been incurred even if the customer had ordered only the products for which he did not cancel the contract, these will be excluded from the refund.
15. RESERVATION OF TITLE
The assets remain the property of Westwing until payment is made in full.
16. SERVICE AND COMPLAINTS
Your satisfaction is very important to us. That is why we always try to process your requests as quickly as possible and to contact you after we receive your feedback. For support requests, please contact Westwing Customer Service:
Westwing GmbH 88 Moosacher Street 80809 Munich / Germany
Email: support@westwing.pt
Phone (for Portugal): +351 308 812 465
17. DISCLAIMER OF LIABILITY FOR HYPERLINKS
The Website links to websites of other providers via hyperlinks, Westwing has no influence on their content, does not adopt it as its own and assumes no warranty or responsibility for their content. The respective provider or operator of the pages is always responsible for the content of the pages. Therefore, you should pay particular attention when linking to other providers' websites via hyperlinks and carefully read their terms and conditions and privacy policies. As soon as Westwing becomes aware of legal violations of third-party websites, the corresponding links on the Website will be immediately removed.
18. DATA PROTECTION
For all questions regarding the protection of your data, you can consult Westwing's privacy policy at https://www.westwing.pt/i/privacy_policy/.
19. Rights of Use
The content of this Website, including text, graphics, photographs, illustrations, images, videos, sounds, and software (hereinafter referred to as the "Materials") is protected by copyright. It is allowed to download or use it for private use. Publication, transmission, reproduction or other use of the content/material is not permitted.
All rights to use the Website Materials belong to Westwing or our partners. Use of the material in any form is not permitted unless Westwing's express written consent has been obtained.All trademarks used on the Website may not be used without the prior written consent of Westwing.
20. Alternative dispute resolution
Online dispute resolution in accordance with Article 14(1) of the Online Dispute Resolution Regulation ("ODR Regulation"): The European Commission provides a platform for online dispute resolution (ODR) on the internet in accordance with Article 14(1) of the ODR Regulation. You can find this website here: https://ec.europa.eu/consumers/odr/Westwing is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
21. Changes to the GTC
Westwing reserves the right to make changes to the Website, rules, terms and conditions, including these GTC, at any time. Your order will be governed by the terms and conditions in force 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 placed previously).
22. FINAL PROVISIONS
22.1 Any disputes arising out of or relating to the use of the Website shall be governed exclusively by the laws of Portugal, excluding its conflict of law provisions.22.2 If any provision is or becomes void or unenforceable, the remaining provisions shall remain valid. Instead of null or ineffective provisions, the relevant legal provisions will apply.
Your Westwing GmbH Moosacher Str. 88 80809 Munich Germany
Status: April 2024