Effective Date: 05/07/2018
Haworth, Inc. is a privately-held, family-owned corporation headquartered in Holland, Michigan USA which designs and manufactures adaptable workspaces for businesses.
At Haworth, Inc., your privacy is important to us. We process personal data in different contexts by fully respecting your privacy and your rights and freedoms as part of our commitment to ethical and responsible practices. Haworth, Inc. or one of its subsidiaries listed at the end of this notice is the controller responsible for the processing of your personal data according to the General Data Protection Regulation (GDPR) if you reside in the European Economic Area.
Your privacy is important to Haworth, Inc. We also understand that privacy is very important to you. This Privacy Policy Notice (“Policy”) explains how Haworth may use and disclose information we collect from and about you when you visit this website or when you otherwise interact with us, as well as your ability to control certain uses of it.
This website is operated by Haworth, Inc. and applies to certain of its subsidiaries (hereafter, “Haworth”). These subsidiaries may also operate other websites. Please review the privacy policy posted on those other websites when you visit them.
Please also read our website Terms of Use (“Terms of Use ”) to understand the general rules about your use of this website. Except as written in any other disclaimers, policies, terms of use or other notices on this website, this Policy and the Terms of Use are the complete agreement between you and Haworth with respect to your use of this website.
You may be subject to additional terms or policies. For instance, during the provision of certain services to our customers, when you access particular services or materials on certain areas of this website or by following links that take you away from this website.
Haworth classifies personal data as any information related to an identified or identifiable individual. Depending on your interactions with Haworth, we collect and use different types of personal data from visitors, customers, prospective customers and agents.
We value the privacy of our website visitors. We do not sell your personal data. We will only collect and use your information as explained in this Policy. This section gives a brief overview of our data collection and use. Please contact us at [email protected] if you have any questions.
The categories of information that we or our service providers may collect directly from you include the following:
The following are examples of the other categories of information which we may collect when you visit and use our websites:
For more information about these activities, please see our cookies policy.
The following are examples of the categories of information we may collect from other sources (e.g. events, sales calls, etc.).
The purposes for which we collect and use your personal data may vary depending on the type of relationship you have with us, such as if you are one of our customers or a website user. Haworth collects and uses personal data according to the purpose limitation principle.
The information we collect is used to:
We will seek your consent before using your personal data for any purposes not listed above.
When you provide us with your contact information, we will use that information to provide services related to this website. For example, if you purchase a product on our site, we will use your mailing address to ship your order. We may also send you e-mail messages confirming your order or reporting on the status of your order.
If you register on our site, we give you the option to add your e-mail address to one or more e-mail lists. You may change your preferences or opt out of all e-mails at any time by clicking on the "unsubscribe" link found at the bottom of each e-mail. Note that if you unsubscribe, we may still email you in connection with specific requests from you or regarding issues specific to you.
Please note that, at all times, you are responsible for updating the personal data you provide to us.
If you purchase any products, like any other retailer we will have to provide your payment information to our payment processor and authenticator for payment purposes, and your name and address to the company that ships our merchandise.
To improve the products and services offered, we may use business partners to help us design and operate our website or provide other services to support the site. For example, we may hire a company to run certain website applications, help us fulfill orders, process payment information, or help us analyze our data. Unless otherwise indicated on our website, if we allow our business partners to access the personal data we collect, it will be for limited purposes and consistent with this privacy policy.
We may share your information with our subsidiaries listed at the end of this notice. Unless otherwise indicated, these subsidiaries may use your information for the purposes described in this privacy policy.
We may release your information without prior notice when we believe it is appropriate to prevent fraud; to comply with law or to cooperate with law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our policies; to protect the rights, property and safety of our business and of others; or when required or otherwise permitted by law. For example, we may share information with law enforcement to reduce the risk of fraud or if someone uses or attempts to use our site for illegal reasons. If there is a sale or merger of all or substantially all of the company, division or business unit that operates this site, we may also transfer the information we have collected in connection with such sale or merger.
Haworth only processes personal data when there is a fair and legal basis for its collection and use, for instance, when the collection of personal data is necessary to enter into a contract, to meet our legitimate interests, to comply with legal obligations or when we have your consent.
The information we collect when we enter into a contract or business relationship with you is necessary to comply with our contractual obligations to you. Without your personal data, we would not be able to provide our goods and services to you. In some cases, we are required to collect personal information to comply with our legal obligations under U.S., EU or other applicable law, as described elsewhere in this notice. For example, some tax, labor, and anti-fraud laws require organizations to collect certain information that may vary depending on local regulations.
When required by applicable law, we obtain your consent prior to sending any direct marketing communications. In any case you can opt-out of these communications any time and free of charge.
When we process your personal data for our legitimate interests, we conduct a balancing test in order to ensure that data subject rights are not overridden. It is in our legitimate interest to process your data to provide our products and services, to improve our products and services, facilitate administrative functions, maintain system security, and conduct product development and research activities, among other purposes.
While our site is available for all to visit, you must be at least 16 years old to register on our website, to purchase products or participate in any of our contests. We will not knowingly collect information about children under the age of 16. If you are under the age of 16, please do not register as a user and do not submit your personal data. If you are a parent who believes that we have collected information about a child under age 16, please contact [email protected] with your child's name and address, and we will be happy to delete the information we have about your child from our records and, to the extent applicable, provide information in accordance with local laws (e.g. U.S. Children's Online Privacy Protection Act).
Haworth retains personal data for only the length of time required to fulfill the purpose for which the data was collected. We do not keep personal data for longer than is necessary, and what is necessary depends on specific circumstances such as regulations requiring us to retain information for a certain period of time and limitation periods of legal claims.
We use the information that we collect about you only for the purposes for which it is collected and consistent with this Policy. We keep information provided to us for as long as we believe necessary for our business purposes and as permitted by applicable law.
The retention period depends on the context in which we process data such as data from use of our website, or customer data after service with customer has ended. The retention periods are established considering Haworth’s legitimate business purposes and according to local regulations.
At times, Haworth engages third party agents, service providers, or other vendors to help accomplish our business objectives. There are other circumstances where we are required by law to disclose personal data to third parties such as public bodies or judicial authorities.
We engage with third party contractors, service providers and other vendors for some of the following services: Microsoft Dynamics for our Customer Relationship Management (CRM), Adobe for digital transformation, and SAP for dealer orders. We may also give you the option to have your information shared with vendors whose goods we carry so that they can send you coupons or other promotional information in which you are interested.
If the engagement involves the transmission of personal data, Haworth requires the service provider to treat that data consistent with this Policy. A contract to protect the personal data will be executed before any data is disclosed.
In certain circumstances, Haworth may be required to disclose personal data in the context of any sale or transaction involving all or a portion of the business, or when required by law, to protect our legal rights, or in an emergency situation where the security of an individual is endangered. In addition, your personal data may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the United States.
Haworth is committed to the security, confidentiality and integrity principle. We take commercially reasonable precautions to keep your information secure against unauthorized access and use and we periodically review our security measures. We are committed to processing your data in a secure manner and have put in place specific technical and organizational measures to prevent the personal data we hold from being accidentally or deliberately compromised.
We use commercially reasonable means to protect the integrity of our website and limit access to your personal data. For example, if you purchase any products on our site, we will use a Transport Layer Security (TLS) connection to process your payment information and we will store your personal data on firewall-protected servers. We limit access to your personal data to those who have a legitimate need to use the information. If you have set up a user name and profile, you should be sure to protect your user ID and password to prevent others from being able to access the site in your name. We cannot provide absolute assurances against, and will not be liable for, breaches of confidentiality due to system failures or unauthorized access by third parties.
We also conduct information risk assessments and we include both physical security and IT security in our overall data security approach. We are diligent in selecting vendors or agents that process personal data on our behalf so that they also ensure appropriate technical and organizational measures to protect the data.
Haworth makes reasonable efforts to notify individuals and regulatory authorities, as required by law, if we have reason to believe that personal data or payment card information has been stolen, disclosed, altered or infringed by an unauthorized person. We create and maintain a breach notification and reporting protocol.
We also endorse the concept of privacy by design which is an approach to projects that promotes privacy and data protection compliance from the outset. This means considering the privacy and security implications for any new project or process throughout its lifecycle.
Haworth uses commercially available security certificates for its website where required. The certificates encrypt all information that is gathered except information not collected through our website such as information provided by e-mail.
Orders that are placed on the Haworth Store site are from a secure order form using TLS and requires users to provide contact, billing, and payment information. This information is transmitted to a payment provider to authorize the purchase. We do not reveal the payment information during order confirmation. We require each user's phone number to protect Haworth and the user from possible fraud. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site.
If you reside in the territory European Economic Area or Switzerland, Haworth is committed to facilitate the exercise of your rights granted by the European data protection law. You may contact us at [email protected] at any time to discuss your privacy concerns.
These requests should be submitted as follows:
For US California residents: Haworth may share your personal data with affiliated third parties, some of which do not share the Haworth name, for their direct marketing purposes. As this category of affiliate is considered an unaffiliated party under California law, you may request information about our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us [email protected]. We do not respond to or honor “do not track” signals or similar mechanisms transmitted by web browsers.
If you are located outside the United States and you interact with our website or provide us personal data, then your personal data may be transferred to the United States. If you are based in the European Economic Area or Switzerland, please be informed that the United States is not in the list of countries that the European Commission considers adequate to the protection of personal data. However, we provide appropriate safeguards for your data in the US, as we transfer it based on Standard Contractual Clauses we entered with third parties.
We reserve the right to modify this Policy and related business practices at any time. We will duly inform you of any changes.
Our business and the laws that regulate us change from time to time, and we reserve the right to change this Policy. If we do change this Policy, we will post the revised version on this site. If we change the Policy in a material way, we will provide appropriate notice to you. We will give you the opportunity to express your consent for processing your data for different and new purposes, or we will in any case inform you about the legal basis of such processing other than consent. The time stamp you see on the Policy will indicate the last date it was revised.
At Haworth we are committed to apply this Policy and the accountability principle. For this reason, if you have any concern or questions about this policy, how your personal data is used, or any rights under the GDPR, please feel free to contact us.
If you are located in the EU you may also contact our Data Protection Officer, Timo Bittner, or our EU representative, Markus Gerlach, using the contact details below.
General Enquiries: [email protected]
Attn: Legal Department Haworth, Inc. One Haworth Center Holland, MI 49423-9576 United States of America
European Representative: Markus Gerlach [email protected]
Data Protection Officer: S-CON GmbH & Co. KG [email protected] S-CON GmbH & Co. KG, Kriegerstraße 44, 30161 Hannover, Deutschland.
| Haworth Inc.; | Haworth, Ltd.; | Haworth Europe SE; | Haworth UK Holdings Ltd.; | Haworth U.K., LLC; | Haworth GmbH; | Haworth SAS; | Haworth Schweiz AG; | Haworth Büromöbel GmbH; | Haworth Ireland Office Solutions Limited; | Haworth Portugal; | Haworth Benelux BV; | Comforto N.V.; | Haworth Hungary Irodabutor Kft.; | Haworth De Colombia SAS; | Haworth Mexico Servicios S. de R.L. de C.V.; | Haworth Mexico S. de R.L. C.V.; | Haworth (India) Private Limited; | Haworth Japan LLC; | Haworth Australia Pty. Ltd.; | Haworth Malaysia Sdn. Bhd.; | Haworth Industries Sdn. Bhd.; | Haworth Singapore Pte Ltd.; | Haworth Middle East; | Haworth Furniture (Shanghai) Co. Ltd.; | Haworth Hong-Kong, LLC.; | Haworth Furniture (Philippines), Inc.; | Twenty-Twenty PFG design S.L.U.;
Google Analytics use cookies and other, similar technologies, to collect information about how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set forth above. To learn more about Google Analytics, including how to opt out of it, visit https://tools.google.com/dlpage/gaoptout.
We may allow business partners who provide services to our site to place cookies on your computer that assist us in analyzing usage data. We do not allow these business partners to collect your personal information from our website except as may be necessary for the services that they provide.
Third-party websites or services such as Facebook may use cookies, pixels, and similar technology to collect or receive information upon visiting this website. We will share this information with the respective services or platforms, but we will not include your personal information. This is specifically for conversion tracking, measurement services and ad targeting based upon interests. If you would like to opt out of this tracking measure for Facebook, please visit http://www.aboutads.info/choices.
Web Beacons
We may also use web beacons or similar technology to help us track the effectiveness of our communications. A web beacon (also known as an action tag, a clear gif or pixel tag) is a1x1 pixel image embedded in a website page used to transparently collect information. For example, we may use a web beacon to count the number of visits to the pages of our site. If you have signed up to receive any of our e-mail newsletters, we use similar technology to count how many recipients have opened the message and clicked on one of its links.
Google Analytics
We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"), to help us gather statistical information about the visitors to our site and how they use the site. We also use Google Analytics to provide us additional information about the users to our site, such as their interests, hobbies, and preferences, based upon information gathered by Google through the use of cookies and browser information. However, all information we gather via Google Analytics will be gathered on an anonymous, aggregate basis and will not associate this data with personally identifiable data. We use this information to gain a better understanding of the visitors to our site and to improve our website and product offerings. In addition, our website anonymizes your IP address collected by shortening what is stored. There will be no merging of the Google Analytics transmitted by your browser IP address with other data from Google.
Other Sources
We may obtain information about you from other sources, including social networks like Facebook that you use to connect with Haworth or the website. This information may include name, user name, demographic information, updated address or contact information, interests, and publicly-observed data, such as from social media and online activity.
We may also operate a version of this website specifically designed to work with mobile devices. The mobile website may include a feature that uses geographic location information provided by your mobile device to identify stores in your vicinity. We do not collect or store your geographic information except to temporarily provide this service.
We will use the information we collect to continuously improve our business and our website development. Your comments and suggestions about our website development are always appreciated. Please contact us at [email protected] if you have any comments or suggestions.
To learn more about the use of cookies generally or other technologies to deliver more relevant advertising, and to know your choices about not having this information used by certain service providers, please visit http://www.aboutads.info/choices. Note that our systems may not recognize “Do Not Track” (DNT) headers from some or all browsers.
Website (Browser) Opt-Out
You have the ability to manage your cookie settings. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable cookies, however, it may interfere with the functionality of our site and you may not be able to use all of the site's features.
Details on how you can control and delete these cookies through your browser settings can be found through your browser’s vendors specific settings or options page.
You can also use cookie management and disposal tools at your own prerogative such as downloading and installing certain browser plug-ins.
You can opt-out Google Analytics by downloading and installing the browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout
Mobile App Opt-Out to limit interest-based advertising
To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS or “Opt-out of interest-based ads” for Android.
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org and www.youronlinechoices.eu.
CONTACT
If you have questions or concerns regarding our use of cookies you can contact us at: [email protected].
These terms and conditions (these “Terms of Use”) are entered into by and between you and Haworth Inc. (“Haworth,” “we,” “us”). These Terms of Use, together with any documents expressly incorporated by reference, govern your access to and use of www.haworth.com, including any content, functionality, and services offered on or through www.haworth.com (this “Site”), whether as a guest or a registered user. All users of this Site agree that access to and use of this Site are subject to these Terms of Use and other applicable law. By accessing or using this Site you accept and agree to be bound and abide by these Terms of Use and, to the extent permitted by applicable law, our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use and as applicable, our Privacy Policy, you must not access or use this Site.
This Site is offered and intended for users who are 16 years of age or older and reside in Europe. If you reside elsewhere, you may wish to use the version of the Haworth Site that is offered for your location.
We revise and update these Terms of Use, in whole or in part, from time to time in our sole discretion, effective immediately upon posting modified Terms of Use to the Site and by posting a notice next to the Terms of Use link on the Site. By not terminating any account or relationship with us within seven (7) days after receiving a notice of modifications to the Terms of Use or by continuing to use or access the Site after modified Terms of Use are posted to the Site, you agree to comply with, and be bound by, such modifications.
All content, features and functionality included in this Site (including but not limited to text, graphics, images, video, audio, software or code, and the design, selection, and arrangement of any of the foregoing) are owned by Haworth, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Site is copyrighted as a collective work or compilation under the United States and other copyright laws, and is the property of Haworth and its affiliates, ALL RIGHTS RESERVED. These Terms of Use permit you to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Haworth or purchasing Haworth products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Haworth or to purchase Haworth products. Any other use, including but not limited to the reproduction, distribution, display, creation or transmission of or creation of derivative works from the content of this Site is strictly prohibited, unless authorized by Haworth. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by Haworth. Any use of this Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You may use this Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Site:
Additionally, you agree not to:
In the event that you register for a username on this Site, you agree that you are solely responsible for maintaining the confidentiality and security of that username and your password, and you are responsible for all acts and/or omissions that occur under the authority of your username. If you have reason to believe that there is any unauthorized use of your username or any other breach of security related to the Site, you shall immediately so notify Haworth by contacting us. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.
Although Haworth strives to protect the information you submit to Haworth through this Site, Haworth cannot guarantee the security or confidentiality of such information. You understand and agree to assume the security risk for any information you provide through the site. You hereby grant Haworth a non-exclusive, fully paid-up right to access, reproduce and use the information you submit to Haworth through the Site solely for the purpose of facilitating its business relationship with you. Notwithstanding the foregoing, Haworth reserves the right to collect and use data from the Site in accordance with its Privacy Policy as modified from time to time. To the extent permitted by applicable law, by using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Site may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the Site, but its content is not necessarily complete or up-to-date. Any material on the Site may be out of date at any given time and Haworth is under no obligation to update such material. Haworth does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Haworth disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Haworth products may be mistakenly listed at inaccurate prices, they may be mistakenly listed as available when, in fact, they are unavailable, or they may be mistakenly described. In the event that a Haworth product is mistakenly listed at an incorrect price, mistakenly described or mistakenly listed as available, Haworth reserves the right to refuse or cancel any orders placed for such product. Haworth reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Haworth shall issue a credit to your credit card account for the price paid.
In an attempt to provide increased value to our visitors, Haworth may link to sites operated by third parties. However, even if the third party is affiliated with Haworth, Haworth has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Haworth. These linked sites are only for your convenience and therefore you access them at your own risk. Haworth is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Nonetheless, Haworth seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Haworth does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Haworth is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Haworth reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Haworth in its sole discretion.
All purchases through this Site or other transactions for the sale of goods formed through this Site or resulting from visits made by you are governed by our Terms of Sale to Customers, which are hereby incorporated into these Terms of Use.
THIS SITE AND ALL INFORMATION, SERVICES AND MATERIALS PROVIDED TO YOU VIA THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR GURANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HAWORTH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES, REPRESENTATIONS, CONDITIONS AND GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTBLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HAWORTH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAWORTH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT HAWORTH SHALL NOT BE RESPONSIBLE FOR ANY FAILURES OR OMISSIONS ASSOCIATED WITH YOUR USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, HAWORTH, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR YOUR USE OR INABILITY TO USE THIS SITE OR THE INFORMATION, SERVICES OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAWORTH WILL NOT BE LIABLE FOR THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY OR SUITABILITY OF THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE.
You agree to indemnify, defend, and hold harmless Haworth, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your username.
These Terms of Use are applicable to you upon your accessing the Site. Haworth reserves the right to withdraw or amend this Site, and any service or material we provide on this Site, in our sole discretion without notice. Haworth will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Site, or the entire Site, to users, including registered users. Haworth may terminate, restrict or suspend your username privileges at any time, without notice. The provisions of these Terms of Use shall survive any such termination.
Haworth may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Haworth.
Your use of this Site shall be governed in all respects by the laws of the EU Member State of the Republic of Ireland, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (excluding purchases to you or from you which are governed by our Terms of Sale to Customers or our Terms of Purchase from Suppliers, as applicable) shall be in the state or federal courts located in the Republic of Ireland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Haworth products) must be commenced within one (1) year after the claim or cause of action arises. Haworth’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Haworth may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The following terms and conditions of sale (GTCS) shall be applied to any quotation and sale contract that will be proposed by any European company belonging to Haworth’s Group to the relevant customers. Any provision which is in conflict with the present GTCS shall not be applicable unless expressly accepted in writing by a duly authorized Haworth’s signatory. Any trade and/or sale term which is proposed by the Customer and not accepted in writing by Haworth shall be considered as null and void. The present GTCS shall be read together with applicable Haworth’s Price List. It is specified that any new edition of the Price List cancels and replaces the former Price List. The Price List is subject to changes, if necessary, without prior notice. The Price List is not an offer.
1.1 Apparent errors
Even if reasonable care is adopted in the drafting of the price lists and of the quotations, any apparent error (i.e. spelling, printing and/ or calculation mistakes) shall not be considered binding.
Order proposals shall always be drafted by quoting the code, the model, the finishing, the quantity and the price of the product. Orders proposals shall be considered valid only upon written confirmation by Haworth.
2.1 Orders modification / cancellation
Changes to confirmed orders may be brought only in special cases and exclusively if the relevant production has not commenced yet. Any eventual cost which, further to the Customer’s request, arise from order modifications or cancellation shall be borne by the Customer same, unless differently agreed upon in writing between the parties. No total or partial cancellation of a confirmed order is allowed without Haworth’s prior written consent. In this case, Haworth reserves the right to invoice the entire amount of the cancelled order, considering the prejudice and the expenses caused by the above mentioned cancellation.
2.2 C.O.M. (Customer’s Own Material) orders
A Customer who requires a fabric, surface or finishing material (C.O.M.) which is not part of Haworth’s standard proposed line shall previously ask Haworth for the possibility to use the C.O.M. Haworth will verify the feasibility of the products using the material proposed by the Customer (C.O.M.); Haworth will, in any case, answer in writing to the Customer regarding the received request. For a description of the forwarding procedure for C.O.M.’s samples, please contact the local Haworth’s Customers Service Department. If Haworth agrees to use the C.O.M.: a) Haworth shall not be held liable for the condition, quality, value, performance, physical characteristics and for any other aspects of the C.O.M. b) Haworth shall not be held liable for any claim for damages, injuries or any loss suffered by the Customer or by any third parties which may be caused by any C.O.M. and the Customer shall hold Haworth harmless against all these liabilities.
2.3 SPECIAL or C.O.M. orders modifications / cancellations
In case of order of products whose characteristics are not indicated in the Price List (Special Products), or of products realized with C.O.M., finishing matches, Customer’s colours or Customer’s products, no modification or cancellation of the order from the Customer is allowed, unless otherwise agreed in writing.
2.4 Mock-up Orders
Mock-up are provided on loan to Customers only in exceptional circumstances and upon special agreement. Mock-ups are supplied on loan to Customers for a maximum of a 4 (four) weeks period. If Customer do not give them back to Haworth within four weeks, Haworth reserves the right to invoice the entire cost of the mock-ups to the Customer.
The current price list are applicable only to the products. If, further to a Customer’s request, Haworth provides him services of planning/ design, special packaging (i.e. cases of wood), conservation, special manipulation, plant or installation, the Customer shall bear the standard local costs for the required services.
3.1. Sales prices
The prices provided by the Price Lists are indicated in GBP, VAT and any other applicable tax are excluded. Unless differently indicated in the order confirmation or unless differently agreed, Haworth’s prices shall be applied “Ex Works”, included the standard packaging cost. The cost of any eventual different packaging material shall be borne by the Customer. If the Customers requires deliveries or services which are not indicated in the price list, the latter will be invoiced to the Customer, upon Customer’s acceptance of the relevant Haworth’s quotation.
3.2. Exports outside the EU
The Customer accepts to promptly reimburse Haworth, by cash or as differently agreed upon, for example by bank cheque, of any eventual custom duty, import tax or any other import cost which is charged to or paid by Haworth and not included in the purchase price of the imported products, when such costs are due to unusual, import floating or to adverse governmental rules.
Payments are valid exclusively if made directly to Haworth. For administrative reasons rounded off sums will not be accepted. In case of late payment, interests will automatically accrue as fixed by the reference official interest rate (T.U.R.) fixed by the ECB (European Central Bank), increased of 3 point per cent, as from the due date for payment indicated in the invoice.
4.1 Means of payment
Unless specifically indicated in our order confirmation or unless differently agreed in writing, the purchase price shall become due and payable net (without any deduction) within 30 (thirty) days as from the date of the invoice. Haworth may ask for down payment or other warranty payment. A warranty payment for payments outside EU may be required.
The shipping terms indicated in Haworth’s order confirmation approximately indicate the probable delivery date. Possible delays do not grant the Customer the right to cancel the sale, neither to refuse the delivery of products, nor to claim for damages.
5.1 Risk
Unless where Haworth directly undertakes the charge for the delivery, any shipment is sent at the Customer’s risk and the Customer is also responsible for the goods’ insurance policy. The risk is transferred to the Customer at the time of delivery of the goods from Haworth to the Carrier who has been charged by the Customer or to the Customer same.
5.2 Damages and Claims
The Customer shall point out to the Carrier the possible damages caused by transportation, the missing items or the possible items that have been tampered with, at the time of delivery and shall describe them on the Accompanying Goods Form (such form is called CMR inside the EU). All complaints shall be forwarded, under forfeiture, in writing and within and not later than 8 days as from the date in which the goods have been received. The transportation hidden damages shall be notified in writing within and no later than 8 days as from their detection by opening the relevant packaging. Haworth’s responsibility shall not be responsible if the maintenance recommendations for the furniture and fabrics have not been respected.
5.3 Mode of Transportation
In case the products are shipped directly by Haworth, Haworth reserves the right to select the shipping route and the mode of transportation.
5.4 Partial deliveries
Partial deliveries of products are allowed.
5.5 Shipping dates and delays
In case Haworth is not able to ship the products in accordance with the agreed timing for reasons which are beyond its reasonable control or for reasons of force majeure, the shipping date will be postponed. In any case, Haworth will do its best to respect the delivery terms originally agreed.
Apart from the warranty concerning hidden defects, Haworth covers its products with the following warranties:
Validity This warranty is valid with effect from the date of delivery. If clear evidence of the date of delivery cannot be provided, the warranty period will be considered as running from the date of manufacture. For Pneumatic cylinders the warranty will run from the date of manufacture.
Service. Technical service will be provided upon Customer’s request to Haworth, within the practical time limits permitted by organisational requirements.
Visual defects. Any defects of appearance found on the product should be indicated on the delivery document, stating that acceptance remains conditional, or notified to Haworth within 8 days of receipt of the goods.
Changes to warranty conditions. The above warranty conditions can be changed only on the basis of explicit deviations stated at the time of signing the order and accepted by Haworth.
Invalidation of the warranty. The warranty will be considered null and void in the following cases:
6.1 Natural factors exclude product warranty
Haworth uses wood and veneers of top quality for the manufacturing of all furniture. Due to its inherent nature, wood is subject to minor variations and irregularities of colour, grain and texture, and such variations and irregularities are explicitly accepted by the Customer. Due to the variation of natural factors, including the figure, cut, porosity and exposure to light of veneers, the uniformity of product colours cannot be covered by warranty, particularly in the case of desk extensions and additions.
6.2 Enforcement of warranty
Haworth is not bound by the guarantee if the Customer has not paid the cost of the concerned merchandise by the agreed payment date. To be able to invoke the benefit of the above provisions, the Customer has to advise Haworth in writing of the alleged faults suffered by the product and provide the relevant evidence. Within the terms of this warranty, the only obligation incumbent on the vendor shall be the free replacement or the repair of the products. Any transport and installation costs shall be at the expense of the Customer.
Returns will not be accepted unless previously confirmed in writing by Haworth and however they shall be always regularly sent with valid fiscal documentation or with their Accompanying Goods Form (C.M.R.). The returns shall be integral and duly packed in order to be preserved from other damages, under pain of charge of its value.
HAWORTH reserves the right, during the continuous process of improvement regarding its products, to bring any technical, dimensional, and aesthetic change that may be deemed necessary. The aforesaid shall not give the Customers the right to request modified or cancelled products or the cancellation of forwarded orders. Furthermore, changes brought by Haworth to its products shall not give the Customers the right to ask for replacement, under warranty, of products for which the terms of warranty have expired, even if these products have been modified in the meanwhile.
Haworth may storage the products at the Customer’s risk and expenses if the Customer is unable or unwilling to take delivery of the product according to the agreed timing at the time of the order. Upon the storage, the Customer assumes the risk of loss. Haworth will invoice to the Customer the product and the storage fees and the Customer will make the relevant payments in accordance with Haworth’s standard payment terms.
Documents delivered with offers, i.e. drawings, projects, indications of weight and measurements, as well as the samples, remain property of Haworth. These documents are reference values and are not binding. Without Haworth’s prior written authorisation they can not be copied, duplicated or made accessible to third parties. Any possible specific furniture study shall be borne by the Customer. However, Haworth preserves the intellectual property right and any of study shall not be transmitted to third parties without Haworth’s written authorisation.
Any dispute which may arise between the parties shall be finally settled by the Court in which Haworth’s European company which has received the purchase order has its headquarters.
Any product that will be delivered to the Customer shall remain property of Haworth until the Customer does not pay the entire amount due to Haworth in relation with the supply of goods. Therefore, any sale of products and/ or engagement and/or warranty or lien in favour of third party shall have no effect. To this extent, the Customer acknowledges, upon Haworth’s request, to do whatever is necessary in order to enforce the retention of title also towards any third party. The failure to pay the due amount within 60 days as from the agreed terms or, in case of payment by installments, the failure to pay three consecutive installments, shall give Haworth the right to terminate the contract for breach of the Customer; as a consequence Haworth will have the right to collect the unpaid goods through one of his delegates, unprejudiced Haworth’s right to claim for further suffered damages.
In compliance with the requirements outlined in paragraph 16(2), Schedule 19 of UK Finance Act 2016, Haworth International, Ltd. (“HIL”) publishes this statement on behalf of its UK companies, which include:
This annual statement is effective for HIL’s 2022 fiscal year.
We proactively manage tax issues and risks while maintaining compliance with UK tax laws and regulations. HIL maintains internal policies and procedures to support its tax control framework and employs professionals that are experienced in identification and management of tax risk with additional support provided through ongoing training and input of external advisors when appropriate.
HIL has a policy by which an internal team holds a monthly meeting to review and approve all transactions that result in income tax implications or risk. The team consists of the two corporate Tax Directors and the Vice President of Finance for the company and occasionally seeks input from the Corporate Controller and/or Director of Treasury. The management of tax risks for all non-U.S. locations is performed by the company’s Director of International Taxes with the assistance of local finance members within HIL’s Global Finance Organization.
HIL only engages in tax planning that is aligned with its commercial business activities and in compliance with UK tax rules and regulations. We do not engage in artificial tax arrangements that lack economic substance but evaluate potential options resulting from business transactions with consideration of tax efficiency. Any business-related tax planning that we engage in is consistent with the principles set forth in HIL’s stated Values, which guides our corporate culture and defines our ethical conduct. We utilize independent reputable firms to help us evaluate the tax implications and risks related to potential transactions. HIL has a strong history of compliance and is committed to paying the correct amount of tax due, while availing ourselves of relevant claims and reliefs that are provided for under UK tax legislation and policy.
HIL’s tax arrangements are based upon its commercial business and economic activities. HIL monitors and reviews its operations in the UK to realign its tax arrangements when necessary to be compliant with the tax rules and regulations, including transfer pricing guidelines. HIL aligns its transfer pricing policy with the OECD as well as HMRC guidelines. HIL applies the arm’s length standard to ensure the parties to intercompany transactions are appropriately remunerated and our tax audit history reflects this. We regularly seek professional opinions and advice from independent external advisors to confirm our internal assessments of tax risk. Our internal and external assessments of tax risk help to ensure that HIL’s tax positions are documented with an acceptable level of risk under UK tax laws and regulations and consistent with our Values.
HIL is committed to the principles of openness and transparency with tax authorities. We engage with all tax authorities with honesty, integrity and respect and work collaboratively to resolve disputes and obtain certainty. HIL has had a positive record of working together with HMRC to resolve past inquiries and examinations. Recurring interactions with HMRC are managed by our European Global Finance members with direction and guidance provided by HIL’s Corporate Tax Department.
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As a United Nations Global Compact signatory, Haworth supports the Ten Principles of the UN Global Compact with respect to human rights, labour rights, environmental protection, and anti-corruption. Through this Supplier Code of Conduct, Haworth ensures that its supply chain also supports these principles.
Haworth expects its suppliers to comply with this Code, as it may be amended from time to time at Haworth’s sole discretion, and to require their suppliers and subcontractors to comply with this Code at all times. The latest version of our Code can be found below.
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