GENERAL TERMS AND CONDITIONS
1 Scope of Application, Definitions for the Haworth Online Shop
(1) For the business relationship between Haworth (hereinafter referred to as “Haworth“, see list of matching entities by country of order on 1.1) and the customer (hereinafter referred to as “customer“) for our products in the online shop on https://shopping.haworth.com the subsequent General Terms and Conditions in the version applicable at the time of the order shall apply exclusively. Deviating general terms and conditions of the customer will not be accepted, unless Haworth has explicitly agreed to the applicability of these terms and conditions in writing.
(1.1) List of countries and entities:
Europe: Germany, France, United Kingdom, Italy, Spain, Netherlands and Poland. With the following legal entities:
|Haworth UK LLC|
|Haworth Benelux B.V.|
|Twenty-Twenty PFG Design, S.L.|
|Haworth France Eurl|
|Haworth Global Holdings, C.V. (Netherlands Partnership|
|Haworth UK Holdings Ltd.|
Asia: Singapore, Malaysia, Hong Kong, Taiwan, Thailand, South Korea and India. With the following legal entities:
|Haworth Hong Kong, LLC|
|Haworth Japan, LLC|
|Haworth (India) Private Limited|
|Haworth Malaysia Sdn. Bhd.|
|Haworth Furniture (Philippines), Inc.|
|Haworth Singapore PTE LTD|
(2) The customer is consumer, unless the purpose of the supplies and services ordered can be primarily attributed to his commercial or independent professional activity. In contrast an entrepreneur is every natural or legal person or partnership with legal capacity exercising its commercial or independent professional activity when concluding the contract.
2 Registration and Use of the OnlineShop of Haworth
(1) When ordering products and/or when setting up a customer account on https://shopping.haworth.com, the customer will be requested to register and to give his personal data. The confirmation of the registration will be issued immediately after sending the registration. Only one customer account must be opened per customer.
(2) When entering the personal data of the customer required for registration, the customer is responsible for giving true and complete information. He is obligated to keep the personal access data confidential and shall not make them accessible to third parties.
(3) The customer has sole responsibility for the contents such as product evaluations which he places in accessible areas. These must not violate third party rights. https://shopping.haworth.com/ makes available areas for customer contents on a voluntary basis and explicitly reserves the right to close or change these areas. A claim for storage or publication of the contents placed does not exist.
(4) The customers are entitled to use the online offer within the scope of the relevant availability. The contents must only be used for their own private, non-commercial purposes.
(5) Haworth reserves the right to admonish customers who infringe the provisions stated in (1)-(4), to delete or modify contents placed by customers or to delete the relevant customer account (virtual domestic authority).
3 Contract Conclusion
(1) The customer may choose from the product range of Haworth, in particular office furniture and accessories and collect them in a so-called shopping cart via the button “add to shopping cart”. Via the button “commit to buy“ he makes a binding application to buy the products in the shopping cart. Before sending the order, the customer can at any time change and review the data. However, the application can only be made and transmitted if the customer accepts the contract terms by clicking on the button “Accept General Terms and Conditions” thus including them in his application.
(2) Then Haworth sends the customer an automated acknowledgement of receipt via e-mail which lists the order of the customer again. The customer may print it via the function “Print“. The automated acknowledgement of receipt only documents that the customer order has reached Haworth and is no acceptance of the application. The contract will only be concluded if Haworth accepts the application which will be sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, however upon delivery of the merchandise at the latest, the contract text (consisting of order, General Terms and Conditions and order confirmation) will be sent to the customer by Haworth on a durable medium (e-mail or paper copy) (contract confirmation). The contract text will be stored respecting data protection.
(3) https://shopping.haworth.com/ will be operated in German, French and English. Contract conclusion will be made in German, French or English.
4 Delivery, Product Availability, Supply Restrictions
(1) Delivery times stated by Haworth are calculated from the time we confirm the order, subject to prior payment of the purchase price (except purchase on account). Unless no or no different delivery time is given in our online shop, the delivery time is 30 days.
(2) If no specimens of the product chosen are available at the time of the customer order, Haworth will inform the customer immediately in the order confirmation. If the product is permanently not available, Haworth will refrain from a notice of acceptance. In this case no contract will be concluded.
(3) If the product ordered by the customer is only temporarily not available, Haworth will also inform the customer immediately in the order confirmation.
(4) The following supply restrictions exist: Haworth only supplies to customers with their usual residence (invoice address) in one of the following countries or regions and a shipping address in the same country or region:
Austria, Bulgaria, Croatia, Estonia, Finland, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary and Cyprus.
5 Reservation of Title
The merchandise supplied shall remain the property of Haworth until full payment.
6 Prices and Shipping Costs
(1) All prices listed on the website https://shopping.haworth.com include the current statutory value added tax.
(2) The customer will be informed of the relevant shipping costs in the order form and they have to be borne by the customer unless the customer exercises his right to withdraw.
(3) The goods will be delivered by postal dispatch or delivery service. The shipping risk will be borne by the supplier, if the customer is a consumer.
(4) In case of a withdrawal, the customer shall pay the immediate costs of the return delivery.
6.1 Vouchers (alternatively: promotion and gift vouchers)
(1) Each coupon code can only be used once.
(2) One coupon code per customer, per order and per promotion.
(3) Coupon codes are valid for the duration of the respective promotion.
(4) Coupon codes from different promotions cannot be combined.
(5) Coupon codes can be combined with gift vouchers
(6) Cash payment or retroactive crediting to existing orders is prohibited.
(7) Coupon codes cannot be transferred to another customer account.
(8) The resale of coupon codes is not permitted.
7 Types of Payment
(1) Haworth offers the following payment types: direct debit, credit card, PayPal, advance payment or on account. However, for every order Haworth reserves the right not to offer certain payment types and refer to other payment types. There is no entitlement for a certain payment type. A payment on account for new customers ordering for the first time is only possible for an order value of up to 100 EUR.
(2) The customer may change the payment type stored in his account at any time.
(3) The payment of the purchase price becomes due immediately upon contract conclusion. If the due date of the payment is determined according to the calendar, the customer has already come in default when exceeding the deadline. In this case shall pay to Haworth default interests in the amount of 5 percentage points above the basic interest rate per year.
(4) The obligation of the customer to pay default interests does not exclude the assertion of further default damages.
8 Material Defect Warranty, Guarantee
(1) Haworth is liable for material defects according to the relevant statutory provisions, in particular §§ 434 et seq. German Civil Law (BGB). Vis-à-vis entrepreneurs the warranty period for products supplied by Haworth is 12 months.
(2) An additional warranty for products supplied by Haworth does only exist if given in the order confirmation relating to the relevant article.
(1) Claims of the customer for damage compensation are excluded. Exceptions are claims for damage compensation of the customer resulting from injury to life, body, health or from the infringement of essential contract obligations (major obligations) as well as the liability for other damage, resulting from an intentional or grossly negligent breach of duty of Haworth, its legal representatives or agents. Essential contract obligations are those which are required for reaching the objective of the contract.
(2) In case essential contract obligations are infringed, Haworth is only liable for foreseeable damage typical of the contract, if it had been caused negligently, unless damage claims of the customer from injury to life, body or health are concerned.
(3) The restrictions of sections 1 and 2 also apply in favor of the legal representatives and agents of Haworth if claims are raised directly against them.
(4) The limitations of liability resulting from sections 1 and 2 do not apply if Haworth fraudulently concealed the defect or has provided a guarantee for the condition and quality of the item. The same applies if Haworth and the customer have made an agreement on the condition and quality of the item. The provisions of the product liability law remain unaffected.
10 Instruction on the Right of Withdrawal
(1) When concluding a distance selling deal consumers in principle have a statutory right of withdrawal, Haworth gives the following information in accordance with the statutory sample. In section (2) a sample of the withdrawal form is provided.
Instruction of the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 2 weeks without giving reasons.
The withdrawal period is 2 weeks from the day on which you or a third party named by you who is not the carrier, has taken possession of the merchandise.
To exercise your right of withdrawal, you have to inform
Haworth GmbH, Am Deisterbahnhof 6, 31848 Bad Münder,Germany
Tel: +49/ 5042 501 180
by a clear statement (e.g. by a letter sent by mail, by telefax or e-mail) on your decision to withdraw from this contract. For this purpose you may use the sample withdrawal form attached in section 2, however this is not mandatory.
To comply with the time limit for the revocation it is sufficient that you send the message concerning the exercise of the withdrawal right before expiration of the withdrawal period.
Consequences of the Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the delivery costs (except any additional costs if you chose a different type of delivery than the standard delivery offered by us) immediately and within 2 weeks at the latest from the day on which we received the message on your withdrawal from this contract. For this repayment we will use the same payment type as you used for the original transaction, unless we have explicitly agreed on a different regulation, in no case will we charge any fees for this repayment.
We may refuse repayment until we have received the merchandise or until you provide a proof of the return delivery, depending on which happens first.
You have to return or provide the merchandise without delay and in any case within two weeks from the day on which you informed us on the withdrawal from this contract at the latest. The deadline is met if you dispatch the merchandise before the period of two weeks expires.
You bear the direct costs of returning the goods. The costs are estimated at a maximum of EUR 130.00.
You shall compensate for a possible loss in value of the merchandise only if this loss in value results from the handling other than what is necessary to ascertain the nature, the properties and the functioning of the merchandise.
(2) As to the sample of the withdrawal form Haworth informs in accordance with the statutory regulation as follows:
Sample – Withdrawal Form
(If you want to withdraw from the contract, please fill in this form and send it back.)
to :Haworth GmbH , Am Deisterbahnhof 6, 31848 Bad Münder,Germany
Telefon: +49/ 5042 501 180
I/We (*) herewith withdraw from the contract concluded by me/us (*)
on the purchase of the following goods (*)/ the provision of the following service (*)
ordered on (*)/received on (*)