B2B Terms and Conditions
UNBINDING CONVENIENCE AUTOMATED ENGLISH TRANSLATION:
GENERAL TERMS AND CONDITIONS (GTC) FOR THE USE OF THE ONLINE SHOP AND WESTWING DESIGN SERVICES ON WWW.WESTWING.AT BY BUSINESSES
Below, we present our General Terms and Conditions (hereinafter referred to as "GTC"), which we use as the basis for the use of the Westwing online shop and for personal interior design consulting (Westwing Design Services) on the website www.westwing.at for use by companies. By placing your order, you accept the following GTC of Westwing GmbH, Moosacher Str. 88, 80809 Munich (hereinafter referred to as "Westwing").
These GTC apply to entrepreneurs based in Austria 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
1.1 Westwing operates an online shop and a personal interior design service (hereinafter referred to as "Westwing Design Services") on the website www.westwing.at.
1.2 In order to use the offers available in the online shop and Westwing Design Services, you must, when concluding a legal transaction, 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.
1.3 These GTC apply to all contracts concluded with you via the website www.westwing.at as an entrepreneur in accordance with Section 1.2, unless the GTC for consumers apply. Westwing does not accept any other GTC unless expressly agreed otherwise in writing.
1.4 Individual agreements made with you in individual cases (including side agreements, supplements and amendments) shall take precedence over these General Terms and Conditions. Subject to proof to the contrary, a written contract or written confirmation (electronic form in accordance with Section 127 of the German Civil Code (BGB) is sufficient) from Westwing shall be decisive for the content of such agreements.
1.5 Westwing employees are generally not authorised to make verbal side agreements or give verbal assurances or declarations that go beyond the content of the written contract.
1.6 If deadlines are specified in terms of (working) days, this shall include all weekdays with the exception of Saturdays, Sundays and public holidays in Germany and Austria.
2. USE OF THE WEBSITE WWW.WESTWING.AT
2.1 When ordering goods and/or services, you will be asked to provide personal data and 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 accurate. You are also obliged to keep your data up to date. If the data you have provided changes 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 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 regard, you indemnify Westwing from any third-party claims in full upon first request. By transmitting the content to Westwing, you grant Westwing and all companies affiliated with Westwing within the Westwing Group (hereinafter referred to as the "Westwing Group") all simple rights of use, unlimited in terms of time, location and content, including the right to transfer such rights to third parties, which Westwing requires for the publication and distribution of the content, in whole or in part, on the websites of the Westwing Group.
2.4 In your corporate customer account, you can view and, if necessary, change your open, recently sent and/or completed orders and manage and store your own data, vouchers, newsletters and notifications in a differentiated manner.
2.5 You are only entitled to register and operate one corporate customer account at a time on the website www.westwing.at. If Westwing discovers multiple registrations, Westwing may delete them.
2.6 You are prohibited from using the website www.westwing.at or its contents for purposes that are unlawful, abusive or prohibited by these Terms and Conditions. In particular, technical processes must 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 to accept offers.
2.7 Westwing reserves the right, within the scope of private autonomy, to exercise its virtual domiciliary rights at its own discretion and, for example, to issue warnings, reject orders, restrict the available payment methods, suspend or terminate your access to the website www.westwing.at or delete content submitted by you if the provisions of these GTC are violated or if there is abusive behaviour. Any claims for damages by Westwing remain unaffected by this.
3. CONTRACUTAL PARTNER, LANGUGAE AND CONCLUSION OF CONTRACT
3.1 The contractual partner when concluding contracts on the website www.westwing.at is Westwing.
3.2 The website www.westwing.at is operated in German and English. Contracts via the website are concluded in German.
3.3 The offer of goods and services on www.westwing.at is not a binding contractual offer within the meaning of § 145 BGB (German Civil Code), but is to be understood as a non-binding invitation to submit an offer (so-called "invitatio ad offerendum"). After the selected products and services have been placed in the (virtual) shopping basket and the electronic ordering process has been completed, you submit a legally binding contractual offer for the goods and services in the (virtual) shopping basket at that time by clicking on the "Buy now" button. After submitting your offer, you will receive an email from Westwing confirming receipt of your offer. This email from Westwing does not constitute acceptance of the contract. Westwing is free to decide 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 email with a shipping confirmation or confirmation of the provision of the service, but no later than upon dispatch of the goods.
3.4 Westwing will store the order data and send it to you by email after completion of an order. You can also view the General Terms and Conditions at any time at https://www.westwing.at/i/terms_and_conditions_b2b/. If you have created a customer account before submitting 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 via automated order processing or email. 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 must ensure that all emails sent by Westwing or third parties commissioned by Westwing to process orders can be delivered.
4. PRICES AND SHIPPING COSTS
4.1 For orders of goods and services on the website www.westwing.at, the prices stated on the respective item detail page at the time of your order apply. The prices are total prices including statutory value added tax and packaging. Shipping costs and, if applicable, costs for an additionally bookable assembly service, if available, will be added.
4.2 The product prices in your virtual shopping basket always correspond to the current price on the product detail page. This means that the current product price may differ from the price at which you added the product to your virtual shopping basket. When you add a product to your virtual shopping basket, you are not reserving the price displayed at that time. The price of a product may increase or decrease between the time you add it to your virtual shopping basket and the time you actually purchase it.
4.3 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 type of shipping. The latter is at Westwing's discretion.
4.4 Unless otherwise agreed, prices for deliveries made by Westwing are DDP Incoterms® 2020, including normal packaging.
4.5 Westwing may grant you discounts and vouchers beyond the reductions shown on the website www.westwing.at within the scope of individual agreements in accordance with Section 1.4. In this case, only one discount or voucher can be redeemed on an order. The discount or voucher selected by the customer and stored in the shopping basket applies.
4.6 Via your corporate customer account, you have the option of receiving invoices with VAT and applying the business customer discount directly when placing your order. Manual invoice corrections for corporate customer accounts are not possible.
4.7 Westwing is entitled to offset payments against older debts first and will inform you of the type of offsetting that has taken place.
4.8 A payment shall only be deemed to have been made when Westwing has access to the amount.
4.9 If Westwing becomes aware of circumstances that call your creditworthiness into question, if you do not pay invoices due, or if insolvency proceedings are applied for, opened or dismissed for lack of assets, Westwing is entitled to demand payment of the entire remaining debt. In this case, Westwing is also entitled to demand advance payments or security deposits.
5. WESTWING DESIGN SERVICES
5.1 With Westwing Design Services, Westwing offers personal interior design advice via the website www.westwing.at (hereinafter referred to as "Westwing Design Service(s)" or "Service"). These General Terms and Conditions apply to these services if you use the service as a business and unless otherwise specified below.
5.2 The Services are provided by telephone or online via video conference with screen sharing, and in the case of Westwing Design Services Deluxe, also partly on site.
5.3 The services are provided by Westwing or a subcontractor of Westwing.
5.4 As part of Westwing Design Services, you will receive a professional interior design concept based on the information you provide, including a personal shopping list. The exact scope of services and the respective costs of the individual Westwing Design Services are listed on the website www.westwing.at in the Westwing Design Services section.
5.5 Westwing reserves the right to refuse the Westwing Design Services or their performance if you have provided incorrect information about the premises or if you behave in a manner that is unlawful, immoral or in breach of these Terms and Conditions.
5.6 Westwing reserves the right to cancel appointments for the provision of services up to 12 hours before the appointment and will inform you in advance of any cancellation. In cases where an appointment is cancelled, you will be offered a new appointment or a refund if no new appointment can be arranged. You may also cancel the agreed appointment up to 12 hours before the appointment. In this case, Westwing will offer an alternative appointment depending on availability.
5.7 After the last service has been provided as part of the booked Westwing Design Services, the contractual relationship for this specific Westwing Design Service shall automatically end. If, at your request, a redesign or reorganisation of the Westwing Design Services provided is necessary, you must book a new Westwing Design Service via the website.
5.8 The copyright and other intellectual property rights relating to the interior design concepts and room concepts designed by Westwing and/or within the scope of the Westwing Design Services belong exclusively to Westwing. Westwing grants you simple, perpetual and non-transferable rights for personal use in relation to the services provided within the scope of the Westwing Design Services. Commercial, public use is only permitted with the prior written approval of Westwing. Westwing is entitled to use the results of the Westwing Design Services for advertising purposes (e.g. as planning examples on the website) with your prior consent.
5.9 You are responsible for providing Westwing with information and documents (e.g. floor plans) that may be relevant for the provision of the services provided.
5.10 In addition to using the Westwing Design Services offered on the website www.westwing.at, as a B2B customer, you have the option of contacting Westwing for individual interior design projects at service@westwing.at or +43 720 880729. The exact scope of services and the costs for using Westwing Design Services for the requested project will be agreed in a separate individual agreement.
6. TERMS OF PAYMENT AND PAYMENT
6.1 Subject to our credit check, you can pay for the goods and services using the following payment methods:
Credit card (VISA, Mastercard, American Express), GooglePay (only available when ordering via a web browser), ApplePay and PayPal.
6.2 Westwing accepts various credit cards, currently: VISA Card and American Express. Westwing will debit the invoice amount from your credit card after receipt of the order via our payment service provider Stripe Payments Europe Ltd (registered in the Irish Commercial Register under number 3206488LH).
6.3 The payment methods ApplePay and GooglePay are processed via the payment service provider Stripe Payments Europe Ltd (registered in the Irish Commercial Register under number 32064LH).
6.4 If you select a payment method offered by PayPal, payment will be processed by 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 referred to as "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/at/webapps/mpp/ua/useragreement-full.
7. INVOICING
7.1. By accepting the Terms and Conditions, you agree that Westwing may send you invoices electronically or make invoices available to you electronically in accordance with Article 232 of Council Directive 2006/112/EC.
7.2 Please note that if your tax identification number is not correct in accordance with clause 2.2 when you place your order, we will not be able to issue a corrective invoice to correct your details after your order has been completed.
7.3 By providing Westwing with an active VAT identification number that is not Polish and is not valid for transactions within the EU (not valid according to VIES VAT identification number - Vies on-the-Web - European Commission (europa.eu)), it is hereby confirmed that you are not obliged to report the intra-Community acquisition of goods in the EU Member State to which the goods are shipped, and that Westwing is therefore only obliged to process your order as a B2C customer order for VAT purposes and to invoice the delivery accordingly for VAT purposes.
8. VOUCHERS
8.1 Westwing offers various types of vouchers: gift vouchers, promotional vouchers and compensation vouchers:
8.1.1 Gift vouchers
8.1.1.1 Gift vouchers are vouchers that you can purchase in the shop and redeem only at www.westwing.at, unless otherwise stated on the voucher. The gift voucher will be provided to you by email after ordering.
8.1.1.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the sixth year after the year in which the gift vouchers were purchased.
8.1.1.3 Gift vouchers can only be used to purchase goods and services and not to purchase other gift vouchers.
8.1.1.4 If the price of your order exceeds the value of a gift voucher, you can pay the difference using the payment methods offered. If the price of your order is less than the value of a gift voucher, you can redeem the remaining amount with your next order.
8.1.1.5 In the event of withdrawal from the contract for any reason whatsoever, the purchase price will be refunded by debiting the voucher account and, if applicable, the additional means of payment used.
8.1.1.6 The gift voucher is transferable.
8.1.1.7 Lost vouchers, in particular stolen vouchers, will not be refunded. Westwing accepts no liability for the loss of codes.
8.1.2 Promotional vouchers (including "Refer-a-friend vouchers")
8.1.2.1 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.at during the specified period, but cannot be used to cover shipping or assembly costs. Promotional vouchers may be subject to additional individual terms and conditions. These will be communicated to you in direct connection with the voucher.
8.1.2.2 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 is only redeemable by new customers.
8.1.2.3 First-time registration or new customer vouchers that you receive once for registering on the website www.westwing.at for registration in the shop may only be redeemed once per corporate customer account.
8.1.2.4 Only one promotional voucher can be redeemed per order. It is not possible to refund or credit any remaining balance of a promotional voucher that arises when the value of the purchase is less than the voucher value.
8.1.2.5 The promotional voucher is non-transferable, non-refundable and cannot be redeemed again.
8.1.3 Compensation vouchers
8.1.3.1 Compensation vouchers are vouchers that cannot be purchased but are issued by Westwing at its own discretion as compensation without acknowledging any legal obligation.
8.1.3.2 The provisions applicable to promotional vouchers shall apply accordingly.
8.2 In the event of justified suspicion of fraud or other illegal or improper activities in connection with the purchase or redemption of a voucher, Westwing may block the corresponding voucher code (even temporarily) or refuse redemption (even temporarily). In this case, you have the right to cancel the order.
8.3 The voucher amount cannot be paid out, nor can it be transferred for value or subsequently offset against purchases already made, i.e. after completion of the order process.
9. DELIVERY AND SHIPPING CONDITIONS
9.1 Deliveries are only made within Austria to the delivery address provided by you.
9.2. The basic delivery times are specified on the respective item detail page and are always approximate, unless they are expressly agreed as binding. After expiry of the delivery period, a grace period of up to 14 working days shall commence without notice.
9.3 Ordered goods will be shipped either as a parcel or by a forwarding agent at Westwing's discretion.
9.4 Westwing is entitled to make partial deliveries and provide partial services, provided that 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 costs as a result (unless you agree to bear these costs).
9.5 Westwing does not assume any procurement risk, in particular in the case of a generic purchase. Westwing is only obliged to deliver from existing stock or from goods ordered from suppliers. Westwing's delivery obligation shall lapse if Westwing, despite an existing covering transaction with the respective supplier, does not receive delivery, does not receive complete delivery or does not receive delivery on time and is not responsible for this. Westwing shall inform you of this immediately and notify you of the new expected delivery date. If the new delivery date is not acceptable to you or the goods are no longer available within the new delivery period or at all, Westwing and you shall be entitled to withdraw from the contract with regard to the goods in question; in this case, we shall immediately reimburse any consideration already paid.
9.6 Westwing cannot be held liable for non-performance or defective performance of its obligations under this contract if and to the extent that this is due to force majeure, notwithstanding the fact that Westwing will do everything in its power to minimise the consequences of such an event.
Force majeure shall include all unforeseen events or events which, even if foreseeable, are beyond Westwing's control and whose effects on the performance of the contract could not be prevented by reasonable efforts on the part of Westwing. These include, among other things, war, war-like conditions, riots, rebellion, military or civil coups, uprisings, tumult, riots, embargo, government order, fire, floods, storm surges, hurricanes or other storms of catastrophic proportions, earthquakes, lightning strikes, pandemics, epidemics, nuclear hazards or similar causes beyond Westwing's control that make it illegal, impossible or economically unfeasible 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 shall 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 delivery of the goods fails for reasons for which you are responsible, Westwing shall be entitled to charge you for the costs of a new delivery and reasonable storage costs from the date of the unsuccessful delivery. The new delivery shall also be subject to a charge if the initial delivery was free of charge for you. We will inform you of the additional costs before 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 redelivery within 7 days. In this case, any payments already made by you will be refunded by Westwing.
9.8 Delivery of an order requires that there are no outstanding claims.
9.9 If the delivery time is extended or 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 they notify Westwing immediately.
10. WARRANTY, LIABILITY AND TRANSPORT DAMAGE
10.1 You are obliged to inspect the goods immediately and carefully to ensure that they are complete and free from defects in terms of quantity and quality. You must report any defects in writing immediately, at the latest within two weeks of receipt of the products. Defects that cannot be discovered by even upon careful inspection within this period must be reported to Westwing in writing immediately upon discovery.
10.2 Customary or minor, technically unavoidable deviations in quantity, quality, colour, width, weight, features or design shall not be considered defects.
10.3 In the event of defects, Westwing shall be entitled to choose between repair or replacement. Westwing's right to refuse subsequent performance under the statutory conditions shall remain unaffected.
10.4 If the rectification fails after a reasonable period of time, you may, at your discretion, demand a reduction in price or withdraw from the purchase contract. The latter is excluded in the case of only minor deviations from the quality.
10.5 Warranty claims against Westwing are only available to the direct customer and are not transferable. They expire within 12 months of delivery.
10.6 To the extent permitted by law, Westwing's liability is limited to cases of gross negligence or intentional misconduct on the part of Westwing.
10.7 The aforementioned limitations and exclusions of liability under Section 10.6 shall not apply if Westwing has fraudulently concealed the defect or has assumed a guarantee for the goods.
10.8 Claims for damages due to 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.
10.9 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.
10.10 If the goods are delivered with obvious damage to the packaging or contents, please complain to the delivery company immediately and contact Westwing Customer Service (service@westwing.at) or your Westwing Business contact person.
11. GUARANTEES
11.1 An additional warranty only exists if this is explicitly stated and described on the product detail page.
11.2 Drawings, illustrations, dimensions, weights or other performance data do not constitute commitments or guarantees and are only binding if this is expressly agreed.
11.3 Quality agreements take precedence over other objective requirements.
12. RETENTION OF TITLE
12.1 The goods delivered by Westwing remain the property of Westwing until full payment has been made. 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 to Westwing, by way of security, any claims against the purchaser arising from the resale. The same applies to other claims that replace the delivered goods or otherwise arise in connection with the delivered goods, such as insurance claims or claims arising from tort 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 authorisation to collect in the event of realisation.
12.2 If third parties gain unauthorised access to the goods, you shall immediately point out Westwing's ownership and inform Westwing thereof in order to enable Westwing to enforce its rights.
13. SERVICE AND COMPLAINTS
Your satisfaction is very important to us. We therefore endeavour to process your enquiry as quickly as possible and to get back to you as soon as we receive your submission. For service enquiries, please contact Westwing Customer Service:
Westwing GmbH Moosacher Straße 88 80809 Munich
Email: service@westwing.at
Phone: +43 720 880729
14. DISCLAIMER FOR HYPERLINKS
Where www.westwing.at contains hyperlinks to websites of other providers, Westwing has no influence over their content, does not adopt them as its own and, without prejudice to the limitations of liability in section 10.6, accepts no responsibility or liability for their content. The respective provider or operator of the pages is always responsible for the content of these pages. As soon as Westwing becomes aware of legal violations on websites of other providers, the corresponding hyperlinks on www.westwing.at will be removed immediately.
15. DATA PROTECTION
Please refer to Westwing's privacy policy at https://www.westwing.at/i/privacy_policy/ for all questions regarding the protection of your data.
16. RIGHTS OF USE FOR IMAGE MATERIAL ON WWW.WESTWING.AT
The content of this website, including text, graphics, photos, illustrations, images, videos, sounds and software, is protected by copyright.
All rights of use for image material on www.westwing.at are held by Westwing or our partners. The use of image material in any form whatsoever is not permitted unless Westwing has given its express consent.
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 agree to comply with the Code of Conduct for Westwing Business Partners in its currently valid version (available at https://ir.westwing.com/websites/westwing/English/5500/compliance.html). Any violation of the Code of Conduct for Business Partners constitutes a material breach of contract, entitling Westwing to terminate the contract for good cause.
18. CHANGES TO THE GENERAL TERMS AND CONDITIONS
Westwing reserves the right to make changes to the website, rules and regulations, and terms and conditions, including these General Terms and Conditions, at any time. The General Terms and Conditions in force at the time of your order shall apply to your order, unless a change to these terms and conditions is required by law or by official order (in which case they shall also apply to orders you have placed previously).
19. FINAL PROVISIONS
19.1 Any legal disputes arising from or in connection with the use of www.westwing.at shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
19.2 Should any provision be or become invalid or unenforceable, the remaining provisions shall remain valid. The invalid or unenforceable provisions shall be replaced by the relevant statutory provisions.
Your Westwing GmbH Moosacher Str. 88 80809 Munich
As of: 18 August 2025