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Effective Date: 05/07/2018
- About Haworth
- Types of Personal Data we collect and use
- Uses and Purposes of Personal Data
- Legal Basis for Data Processing
- Our Policy towards Children’s Personal Data
- Retention Periods
- Disclosures to Third Parties and Processing Activities
- Your European Data Protection Rights
- Your California Privacy Rights
- International Transfers of Personal Data
- Changes to this Policy
- Contact Information
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.
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.
Types of Personal Data we collect and use
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.
Information we collect directly from you
The categories of information that we or our service providers may collect directly from you include the following:
- Clients, vendors and suppliers: We collect name, contact information for key personnel, and personal data that you provide us on a voluntary basis such as payment and financial order processing information.
- Prospective clients: We collect name and contact information.
- Influencers: We collect name, contact information, role and preferences from architecture and design firms, project management firms, or potential agents of customers.
- Visitors to our locations: We collect name, contact information and video images from security cameras in some of our office buildings.
- Prospective employees: We collect name, contact information, resumes and other information for the purposes of recruitment.
Information we collect about your use of the website
The following are examples of the other categories of information which we may collect when you visit and use our websites:
- Technical information collected from your computer or mobile device (e.g. your IP address, browser type, operating system);
- Information about your usage of our websites (e.g. the pages you visit when using the website, the search terms you enter on the website, how often you use the website, and the pages you access before and after accessing the website).
For more information about these activities, please see our cookies policy.
Information we collect from other sources
The following are examples of the categories of information we may collect from other sources (e.g. events, sales calls, etc.).
- Personal and contact details (e.g. name, phone number, email address, mailing address) from our subsidiaries and affiliates in order to more efficiently manage our customer relationships and to improve the quality of our customer experience;
- Details about your advertising preferences (e.g. products purchased, interaction with advertisements online);
- Information from email campaigns and customer nurturing programs (e.g. email address, role, content preferences); and
- Information from lead generation (e.g. email address, role, browsing behavior and content preferences).
Uses and Purposes of Personal Data
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:
- Administer your account. If you have a commercial relationship with Haworth, we use your personal data to develop our customer relationship and to comply with legal, regulatory, insurance, security and processing requirements.
- Maintain our business records for commercial relationships using customer information to ensure the proper operation of the day-to-day business, such as by personalizing your site experience, allowing customer service to better respond to your requests, quickly processing any transactions and administering sales activities.
- Respond to prospective customer requests for information, products or services, and for marketing activities such as administering a contest, promotion, survey, or other site feature.
- Send marketing messages. When required by applicable law, we obtain your consent prior to sending any direct marketing communications. You may change your preferences or opt out of all e-mails at any time by clicking on the "unsubscribe" link found in each e-mail.
- Improve our products, including by conducting analytics of user perceptions of furniture and space designs, collecting statistics about space utilization, to generating profiles for of types of space layouts used by customers to the extent that it is in our legitimate interest to do so.
- Operate this website, including by managing your account or subscriptions, storing your preferences and settings, providing interest-based advertising to website visitors, generating aggregated statistics and analyzing how you use our website and online services. For additional information on these activities, see our cookies policy.
- Comply with our legal obligations, including by complying with tax reporting obligations and responding to legitimate law enforcement requests.
We will seek your consent before using your personal data for any purposes not listed above.
Your contact information
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.
Payment for products
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.
Information shared with our business partners
Information shared with our affiliates
Business operations, law enforcement and legal actions
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.
Legal Basis for Data Processing
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.
Our Policy towards Children’s Personal Data
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.
Disclosures to Third Parties and Processing Activities
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.
Your European Data Protection Rights
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.
Privacy Rights under the European Regulation:
- Transparency and the right to information: we provide notice to our customers, suppliers, website visitors and others of how we use personal data at the time of collecting personal data, or as soon thereafter as possible. We also publish this Policy for a greater transparency.
- Right to access, rectification, portability, restriction of processing and erasure: we provide data subjects with access to their own personal data where required by applicable law. In addition, we will rectify their personal data when it is incorrect or inaccurate and we will ensure the right to erasure and to restriction of processing when these rights are required by applicable law. When required by applicable law, we will provide a copy of your personal information in a structured, machine-readable format.
- Right to object and withdraw consent at any time: for all marketing materials, you can opt-out anytime, free of charge. The right to object to other processing activities will be balanced in order to ensure that it is not incompatible with local regulations or the legitimate interests of Haworth.
- Right to lodge a complaint with a supervisory authority: if you are not satisfied on how we attended your rights and requests, you can lodge a complaint with your local Data Protection Authority.
These requests should be submitted as follows:
- Opt-out of marketing communications: you can opt-out anytime by clicking on the “unsubscribe” link in our commercial e-mail.
- Right to lodge a complaint with a supervisory authority: you may have the right to lodge a complaint with the supervisory authority of your habitual residence or place of work or the place of the alleged infringement.
- To exercise the rest of your rights: you should send a communication in writing to the contact information listed below and provide information in order to verify your identity. Haworth will attend to your request in a timely manner within 30 days after receiving your request. If for any reason we need to extend this period of time, we will contact you.
Your California Privacy Rights
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.
International Transfers of Personal Data
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.
Changes to this Policy
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.
Attn: Legal Department
One Haworth Center
Holland, MI 49423-9576
United States of America
European Representative: Markus Gerlach
Data Protection Officer: S-CON GmbH & Co. KG
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.;
With whom we share information
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.
Other Technologies and Sources
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.
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.
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.
- Google Chrome
- Mozilla Firefox
- Microsoft Internet Explorer
- Safari for iOS (iPhone and iPad)
- Chrome for Android
- Windows Phone
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.
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.
Intellectual Property Rights
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For Harassment in any manner or form, including via e-mail, chat, or by use of obscene or abusive language.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To impersonate or attempt to impersonate Haworth, a Haworth employee, or other licensed employee, host, or representative, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To upload to, distribute, or otherwise publish any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party.
- To upload commercial content or to solicit others to join or become members of any other commercial online service or other organization.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Site, or which, as determined by us, may harm Haworth or users of this Site or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access this Site for any purpose, including monitoring or copying any of the material on this Site.
- Use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of this Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Site, the server on which this Site is stored, or any server, computer, or database connected to this Site.
- Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of this Site.
Registration and Username Use
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.
Submission of Information
Reliance on Information Posted; Typographical Errors
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.
Online Purchases and applicable Terms and Conditions
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.
Limitation of Liability
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.
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.
Choice of Law; Venue; Limitation on Claims
GENERAL TERMS AND CONDITIONS OF SALE FOR EUROPE (GTCS)
Terms and Conditions
1. GENERAL SCOPE
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.
4. STANDARD TERMS OF PAYMENT
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.
5. SHIPPING AND DELIVERY TRANSFER OF RISK
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.
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:
- Partitions with/without storage units: 2 years.
- Executive and operational systems furniture: 2 years (desks, drawers, units, storage units)
- Furnishing accessories: 2 years According to the following conditions:
- for the first 12 months all repairs due to manufacturing or material faults are free of charge;
- from the 13th to the 24th month the Customer will be charged for transport, labour and callout fees.
- Plia and Penelope chairs: 2 years According to the following conditions:
- in the first 12 months the repairs for faults of manufacturing or material faults are free of charge;
- from the 13th to the 24th month the shipping cost, labour and associated costs will be charged to Customer.
- Office and institutional seating: 5 years According to the following conditions:
- for the first 24 months, all repairs due to manufacturing or materials faults are free of charge;
- from the 25th to the 50th month the Customer will be charged for transport, labour and callout.
- Pneumatic cylinders (for office chairs): 2 years
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.
Technical service will be provided upon Customer’s request to Haworth, within the practical time limits permitted by organisational requirements.
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:
- Damage caused by poor or incorrect maintenance, including:
- servicing by persons not authorised by Haworth;
- cleaning products not suitable for the surfaces of products (see suggestion for cleaning);
- improper product use;
- storage, installation or use of products in conditions other than those for which they are designed;
- staining caused by liquids or other substances;
- evidence of contact with sharp or blunt instruments;
- application of loads beyond the specified product capacity;
- transportation by people not authorised by Haworth;
- Damage due to force majeure:
- natural deterioration of parts subject to wear;
- structural settlement of the building in which the product is installed.
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.
8. CHANGES TO THE PRODUCT
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.
10. INTELLECTUAL PROPERTY
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.
12. RETENTION OF TITLE
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.
Haworth International, Ltd. & Subsidiaries
UK Tax Strategy
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:
- Haworth U.K., LLC
- Haworth UK Holdings, Ltd
- Poltrona Frau UK Ltd
- JANUS et Cie UK Limited
- JANUS et Cie Holdings Limited
- Buzzispace UK Limited
- Luxury Living Contract & Projects Ltd
- Luxury Living Hopitality Ltd
This annual statement is effective for HIL’s fiscal year ended January 2nd, 2021.
Risk Management & Governance
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.
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
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.
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.
Relationship with Her Majesty’s Revenue & Customs (HMRC)
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.
Supplier Code of Conduct
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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