Terms & Conditions

Poggenpohl Möbelwerke GmbH
Poggenpohlstraße 1
32051 Herford
GERMANY

Tel. +49 (0) 5221/381 -0
Fax +49 (0) 5221/381 -321
Mail: info@poggenpohl.com

Managing Director: Patrick Heinen

AG Bad Oeynhausen HR B 6777
Ust-IdNr. DE 125351684

Personal Data Policy

We take data protection very seriously and wish to ensure that your private sphere is protected whenever you visit our website. We provide this personal data policy in order to inform you regarding our routines and the options you have regarding the manner in which the information relating to you is collected, processed and used by us. Together with our User Terms, this personal data policy constitutes an integral part of your agreement with us. In respect of capitalised terms in this personal data policy, please refer to the definitions set forth in the User Terms unless otherwise defined below.
We reserve the right to amend the content of this personal data policy from time to time and therefore recommend that you check our personal data policy at regular intervals.

1. Generally

Poggenpohl Möbelwerke GmbH, Poggenpohlstrasse 1, 32051 Herford is the data controller regarding the personal data collected and processed within the framework of this personal data policy. We process your personal data in accordance with the German Federal Data Protection Act (BDSG) and with the German Telemedia Act (TMG). If you use third-party services (e.g. of Facebook) in connection with our service, the privacy policy of these third parties apply exclusively for their services. By registering a user account on our Website you consent to the processing of your personal data by us in accordance with the provisions set forth below.

2. The personal data we collect

“Personal data” is any data which makes it possible to identify your person, e.g., your name, your address or your email address.
We collect, process and use personal data provided by you in conjunction with your registration of a user account, such as names, address, e-mail address, gender, age and password. We also collect, process and use information when you use the Service, which could constitute personal data, including:
(i) information on your interactions with the Service,
(ii) the details of the queries you make,
(iii) User Content you post, upload and/or contribute to the Service; and
(iv) technical data, which may include for example the URL you use and your IP address.
If you connect to the Service by using your Facebook credentials, you authorise us to collect your authentication information such as you username, password and other personal data that may be available on or through your Facebook account.

3. Purpose of collecting personal data

We collect, process and use personal data in particular for the following purposes:
(i) fulfil and enforce the Terms: For this purpose, for example, your contact details may be processed.
(ii) personalise and improve your experience with the Service and products and services made available through the service: For this purpose, for example, your data regarding interaction with the Service may be processed.
(iii) administrate your user account: For this purpose, for example, your name may be processed
(iv) develop new products and services and analyse your use of the Service: For this purpose, for example, your data regarding your interaction with the Service may be processed.
(v) provide offers and news via mail: For this purpose, for example, your address may be processed.
(vi) communicate with you: For this purpose, for example, your e-mail address and phone number may be processed.
(vii) fulfil our obligation according to law: For this purpose, for example, your names and password may be processed.

4. Consent and revocation to direct marketing

Provided that you have expressly approved thereof, we may also use personal data for direct marketing via e-mail of our group companies’ or other companies’ services and products.
You have always the right to withdraw your consent (however, not retroactively) regarding direct marketing. Notice thereof may be sent to the data controller of personal data;

Poggenpohl Möbelwerke GmbH,
Poggenpohlstrasse 1,
32051 Herford
marketing@poggenpohl.com

5. Transmissions to related parties or third parties

We may also share your personal data with other companies in our group, Poggenpohl dealers and third party service providers that on our behalf perform services requested by us, for example, the provision of infrastructure, IT services and customer services as well as the performance of statistical analyses, to enable them to perform such services. In all other cases, your personal data will not be disclosed to any third party without your prior consent, unless we are required to do so by court order or by order of public authorities. Information transfer may take place by using, among other things, Internet-based technology. We do not intend to sell or otherwise market your personal data to third parties.

6. Information/Correction/Blocking/Deletion

Once per calendar year, you are entitled to, without cost, obtain information concerning the personal data we process about you, information concerning the source of the data, the use of the data, and the identity of the parties to whom the data has been provided. Such request must be in writing and contain your name and personal identification number and be signed by you.
You are entitled to at any time to request a correction and/or deletion of any erroneous or modified information.
In both cases you should address your request to:

Poggenpohl Möbelwerke GmbH,
Poggenpohlstrasse 1,
32051 Herford
or by e-mail to: marketing@poggenpohl.com

7. Cookies

On the Website, we use cookies to anonymously identify the device you are using in order to improve your experience of the Website.

What is a cookie?
A cookie is a small text file that is saved in your web browser. It allows our system to remember your device when visiting the Website. No personal identifiable data is stored in cookies, only an anonymous id number.

How can you prevent cookies?
You can prevent this Website from setting cookies in your browser, you can do this in your browser settings. However, preventing this Website from setting cookies might cause failure in the function of the Service. The method used to block cookies will depend on the web browser used. Consult the “help” or corresponding menu your web browser for instructions.

Why do we use cookies?
Personalizing content on the website
To optimize your experience of the Website we use cookies to personalize the content of the Website, and remembering you preferences. The personalised cookies are first-party cookies, which means that they are set by www.poggenpohl.com.

Improving the Website
We are constantly working to improve the Website. In order to do this, we use Google Analytics to analyse our visitors’ behaviour on an anonymous an aggregate level.
The information about your use of the Website is transmitted to Google anonymously. We will not seek to link your IP address with any personal identifiable information about you. In fact, your IP address will be truncated before it’s sent to Google.
The behavioural data collection is processed to compile statistical reports on activity of the Website. The intent is not to look at the behaviour of an individual user, but to aggregate statistics, e.g. “How many users have used the top navigation during last week?”
These kinds of reports are then used to help us take decisions about improvements of the Website. The analytics cookie is a first-party cookie, which means that it’s set by www.poggenpohl.com.

Sharing or viewing social media content
On the Website, we have embedded content from social media channels, e.g. YouTube. This may result in these websites setting cookies, which we do not control, so called third-party cookies. Embedded cookies from the following third-party services may set cookies in your browser. Follow the links below to read more about how these services use cookies:

Displaying relevant ads to you
To optimize our marketing efforts, we use third-party ad networks like Google AdWords and DoubleClick. Theses are third-party cookies, but you can still choose to opt out from them by using one of the following services:
Google Ads Settings, to opt out from Google specific services,
Your online choices, to opt out from any ad network,
About ads, to opt out from online behavioural advertising.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). 
Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. 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. 
In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. 
Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. 
On behalf of Poggenpohl, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. 
Google will not associate your IP address with any other data held by Google. 
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. 
Furthermore you can prevent Google's collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

How we use cookies

On this website we use cookies to anonymously identify the device you're using in order to improve your experience of the site.

A cookie is a small text file that is saved in your web browser. It allows our system to remember your device when you visit our website. No personal identifiable data is stored in cookies, only an anonymous id number.

If you for some reason would like to prevent this website (or any other website) from setting cookies in your browser, you can do this in your browser settings. Pinsent Masons law firm has an extensive guide on how to block cookies in different browsers.

Here's why and how we use cookies on poggenpohl.com:

Improving the website

We're constantly working to improve poggenpohl.com. In order to do this, we use Google Analytics to analyze our visitors' behavior on an anonymous and aggregate level.

Anonymous data

The information about your use of this website is transmitted to Google anonymously. We will not seek to link your IP address with any personal identifiable information about you. In fact, your IP address will be truncated before it's sent to Google.

Aggregate reports

The behavioral data collected is processed to compile statistical reports on website activity. The intent is not looking at the behavior of an individual user, but on aggregate statistics like "How many users have used the top navigation during last week?"

These kinds of reports is then used to help us take decisions about website improvements.

Analytics Cookies

The analytics cookie is a first-party cookie, which means that it's set by poggenpohl.com.

Personalizing content on the website

To optimize your experience on poggenpohl.com, we use cookies to personalize the content of the website, and remembering your preferences.

For example, if you favorite images on the website without creating an account, your images will still be available under "Your Poggenpohl" if you return to the site within two months using the same device.

Personalization cookies

The personalization cookies are first-party cookies, which means that they are set by poggenpohl.com.

Sharing or viewing social media content

On our website, we have embedded content from social media channels like YouTube. This may result in these websites setting cookies, which we don't control, so-called third-party cookies.

Embedded content from the following third-party services may set cookies in your browser. Follow the links below to read more about how these services use cookies.

Displaying relevant ads to you

To optimize our marketing efforts, we use third-party ad networks like Google AdWords and DoubleClick. These cookies are third-party, but you can still choose to opt out from them by using one of the following services:

"My Poggenpohl" User Terms

1. Introduction

1.1. Thank you for choosing "My Poggenpohl", an online service that enables you to plan and find inspiration for your kitchen planning and to save ideas, inspirational images and mood boards to help you create your design vision for your kitchen project (hereinafter the "Service"). As part of the Service, you may share your account with our staff to get help and inspiration with your kitchen project. The Service is provided by Poggenpohl Möbelwerke GmbH (hereinafter "we", " us", or "our") as a separate, password-access area at www.poggenpohl.com (hereinafter the "Website").

1.2. The following User Terms (hereinafter these "Terms") governs the conditions under which the Service is offered. These Terms are important and affect your legal rights and obligations, so please read them carefully. When you register a user account you agree to these Terms which form an agreement between you and us with respect to the Service. You need to be 18 or older in order to enter into an agreement with us with respect to the Service.

1.3. We may from time to time change these Terms. A pop-up window with a tick box will notify you about such changes the next time you log in to your account. In order to continue to use the Service you need to consent to the modified Terms (see further section 11.4 below).

1.4. We may from time to time modify or add new features to the Service, with or without prior notice. These new features will automatically be subject to these Terms. We also reserve the right at any time to discontinue, temporarily or permanently (see further section 11.3) the Service or any part thereof, with or without prior notice.

2. Registration, username and password

2.1. To access the Service you need to register a user account. Registration of your user account is made on the Website. Each user may only register one user account. Only you may use your login, hence, you may not share your login details and/or account with other any third party. You can log in to your user account from the Website by using your log-in details or your Facebook credentials or as otherwise determined by us from time to time.

2.2. Upon registration, you need to provide relevant registration information such as your title, first name, last name, e-mail address and password, see
section 10 below regarding our personal data policy. It is important that the stated information at the time of registration is, and will remain, accurate
and complete and that you make the proper updates and modifications to the registration information regularly.

2.3. The registration information is personal. You need to protect the registration information against unauthorised access and you are responsible for all use of your user account. In the event of any suspicion of unauthorized access to your user account or if your username or password has been lost or stolen, you shall immediately notify us and change your password as soon as possible.

3. Use of the Service

3.1. You are permitted to use the Service for the purposes set forth in section 1.1 above and in accordance with these Terms only. You may not – and may not encourage, facilitate or cause any other person to – do any of the following:
(i) use the Service or parts thereof for a commercial or public purpose,
(ii) remove or alter, any copyright, trademark, or other intellectual property notices or marks, contained in or provided through the Service,
(iii) use any robot, spider, or other system, device or mechanism to access the Service which may disrupt or disable or destroy the Service or any content,
(iv) reverse engineer, decompile, disassemble, or determine any source code, algorithms or techniques of the Service or of related infrastructure,
(v) circumvent, modify, remove, upload or make available, alter or in any other manner manipulate any security, encryption, or other technology or software which is part of the Service or used in connection with the Service,
(vi) use any other person's username and password, or
(vii) use the Service for any other unlawful or unsuitable purpose.

3.2. The Service provides a limited storage space for you to, upload, provide, publish, create, display, distribute or otherwise make available (jointly hereinafter "post") content, including but not limited to, pictures, photos, data, videos, texts, comments and/or other material (hereinafter "User Content").

3.3. We assume no responsibility for the deletion or failure to store or the security of the User Content. We therefor recommend that you save your own copy of your User Content. We reserve the right to change our practices and storage rules at any time with our without notice to you.

4. Responsibility for the User Content

4.1. We respect the rights of other persons' intellectual property rights and we expect you to do the same. Please note that you are responsible and liable for all your User Content. You represent that you have all the necessary right to post any of the User Content to the Service and that such User Content, or its use by us as contemplated by these Terms, does not violate these Terms, the intellectual property rights of other persons and/or applicable law. As an example you may not post User Content or otherwise engage in any activity in connection with the Service which;
(i) could infringe, jeopardize, encumber, limit, or interfere in any manner with our or our licensors' or other users' ownership and intellectual property rights,
(ii) may jeopardize or impair the usability of the Website, the Service and/or other users' accounts, including but not limited to, spam, viruses, Trojan horses, worms or malicious codes,
(iii) is offensive, abusive, obscene, disturbing, threatening, discriminatory or phonographic,
(iv) is deceptive, fraudulent, false or otherwise misleading, or
(v) interferes with the Service, tampers with or attempts to scan or test for vulnerabilities in the Service or our computer system or infrastructure.

4.2. We do not pre-screen, monitor, review or edit User Content. However, without prejudice to any other legal remedy available to us, we reserve the right to block or remove User Content without prior notice to you, included but not limited to, any User Content that in our opinion could violate these Terms.

5. Disclaimer

As long as we provide the Service, we will make reasonable efforts to keep it operational. However, you understand that your use of the Service is at your own choice and that the Service is provided "as is" and "as available" without warranty or guarantee of any kind. Without limitation the generality of the foregoing, we do not provide any warranty or guarantee regarding the availability, quality or function of the Service. In particular we do not warrant (i) that the Service will meet your requirements, (ii) that the use of the Service will be without disruptions, delay or imperfections, (iii) that information gained, through the Service will be correct and/or complete, (iv) that the result that may be obtained from using the Service will be accurate or reliable or (v) that your User Content will not be lost or damaged.

6. Third party content, sites, services etc.

6.1. The Website, including the Service, may display or contain, or make available content from several sources, including other users and third parties. We assume no responsibility or liability of such content from other users and/or third parties.

6.2. On the Website, including the Service, there may be links to other sites and services that are not under our control. We are not responsible for such sites or services or any interaction you may have with third parties through such sites or services. Your use thereof is at your own choice, and may be subject to separate terms and conditions.

7. Reservation of rights

7.1. All copyrights, domain names, trademarks, patents and other intellectual rights used or displayed at the Website, including the Service, are owned by us and our licensors. Further, any content (excluding your User Content), information, data and/or documentation made available to you by us in connection with or generated by the Service are the property of us and our licensors.

7.2. Other than the limited right to use the Service as expressly granted to you under these Terms, we do not grant, whether by implication or otherwise, any right for you to use any of our or our licensors' intellectual property.

7.3. You retain ownership of all rights, including intellectual property rights, in and to your User Content. Only after obtaining your explicit consent, we may use the images of your User Content in marketing materials. The terms and conditions for such use will of course be available to you and subject to your approval prior to any such use.

8. Indemnification

You agree, at your sole expense, to fully indemnify, defend (upon our request) and hold us, our subsidiaries, employees, board members, agents, distributors, suppliers, dealers and licensors harmless for any losses, expenses (including but not limited to reasonable attorneys fees) or demand arising as a result of, or in conjunction with, your use of the Service, violations of the Terms, legislation or third-party rights.

9. Limitation of liability

9.1. Your only remedy for any problems, dissatisfaction or damages due to the Service is to stop using the Service and terminate your account.

9.2. If the limitation of liability as described under section 9.1 is not permitted by applicable law we are liable for damages which are due to intent or grossly negligent breach of our duty or intent or grossly negligent breach of duty of a legal representative or vicarious agent of ours, or which are caused by the lack of guaranteed product or service qualities.

9.3. If there is a violation of material contractual duties, we are liable, as long as it is not a case as defined under section 9.2, to the damages typically foreseeable.

9.4. Any further liability for damages is excluded. In particular shall we not, under any circumstances, be liable for direct or indirect loss or consequential loss including, but not limited to, losses in the form of lost profits, corrupted or lost data, failure to receive data, business interruption or other business-related damage or losses caused by, or which can be related to the use of or inability to use the Service, irrespective of whether the claim is based on contract, warranty or tort liability (including negligence).

9.5. Nothing in these Terms limits our liability under applicable legislation for fraud, damages from injury to life, limb or health or for damages from such injuries from a legal representative or vicarious agent of ours. Liability pursuant to the German Product Liability Act shall remain unaffected as well.

10. Personal data policy

We collect, process and use personal data in the scope and with the purposes set forth in our personal data policy (The Personal Data Policy). The Personal Data Policy addresses how we collect personal data, how the personal data is used, stored and how it is shared. The Personal Data Policy may be read below.

11. Term and termination

11.1. These Terms will become effective on the day for registration of your user account, and will continue to apply until the termination of your user account.

11.2. You have the right, at any time and for any and no reason, to terminate your user account, and thereby the use of the Service. Termination may, for example, be made directly on the Website.

11.3. We have the right, at any time and for any and no reason, to terminate your user account or suspend your access to your user account, and thereby the use of the Service. The termination or suspension (as the case may be) will be notified to you in connection with the termination or suspension.

11.4. Without limiting the generality of section 11.3, we are entitled to terminate your user account, and thereby the use of the Service, without prior notice, if you;
(i) violate any terms or conditions set out in these Terms,
(ii) do not consent to modifications or changes in these Terms,
(iii) if you do not log in to your account for over a period of more than six months.

11.5. In the event of termination of your user account, either by you or us, the following sections in these Terms will still apply: 3.3, 4.1, 6, 7, 8, 9, 12 and 13.

12. General

12.1. These Terms together with The Personal Data Policy constitute the entire agreement between you and us and supersede and cancel any other eventual prior written or oral agreements, communications and other understandings related to the Service.

12.2. Any failure to enforce any provision of these Terms will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these Terms or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that we may assign or sub-contract any of our rights or obligations under these Terms.

12.3. Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

13. Governing law and jurisdiction

Unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction, German law shall govern these Terms without regard to choice or conflict of law principles. The exclusive legal venue for any dispute that might rise under these Terms shall be Herford, Germany. However, as a consumer of a member state of EU you have the right to refer the matter to the District Court that has jurisdiction for your domicile.

Last updated: September 2015