11.1. Welcome to “My Poggenpohl”, an online service enabling you to plan your kitchen and to get inspired, as well as store ideas, inspiring images and beautiful designs in order to make the design ideas for your kitchen project come true (hereinafter “Service”). The Service also enables you to allow our employees access to your user account to provide help and inspiration for your kitchen project. The Service is offered by Poggenpohl Manufacturing GmbH (hereinafter “we”, “us”, or “our”) as a separate password-protected area at www.poggenpohl.com (hereinafter “Website”).
11.3. We have the right to amend these Terms. A pop-up window with a click box will inform you about any potential changes when you intend to access your user account. To be able to use our Service also after any potential changes to these conditions, it is necessary that you consent to the changed Terms (please also refer to point 20.4.).
11.4. We reserve the right to modify the Service and add new functions with or without prior notice. These new functions are automatically incorporated into these Terms. We also reserve the right to discontinue the Service or parts thereof temporarily or permanently with or without prior notice.
12. Registration, user name and password
12.1. To be able to use the Service, you need to create a user account. Registering for a user account is done via our Website. Every user is permitted to create one user account only. Sharing a user account with third parties is not permitted. Get access to your user account
12.2. For registration, it is necessary that you make some information available to us. This includes your form of address, your first and last names, your e-mail address and a password (see also point 20.). It is important that the aforementioned information is accurate and complete at the time of registration and that you amend and change the information if such amendments or changes become necessary.
12.3. The registration information is confidential. Please take due care to protect the registration information against unauthorised access. You are responsible for the use of your user account. If you suspect any unauthorised access to your user account or user name and/or password has been lost or stolen, you should notify us and change your password without delay.
13. Using our Service
13.1. You have the right to use the Service for the purposes specified in point 21.1. and in agreement with these Terms. The following types of use are not permitted and you must not encourage any third parties to use the Service in this manner:
(I) using the Service, or parts thereof, for a commercial or public purpose;
(II) removing or modifying copyright statements, brands or other intellectual property rights included in or made available by our Service;
(III) using a robot, spider or other system or mechanism to gain access to our Service, causing it or any content thereof to be suspended, damaged or destroyed;
(IV) subjecting the source code, algorithms or technical elements of the Service or of the associated infrastructure to reverse engineering, decompiling or disassembly
(V) bypassing, modifying, removing or manipulating in any other manner, safety mechanisms, encryptions or other technologies or software used which are part of the Service or associated with the Service;
(VI) using the user name or the password of another person; or
(VII)using the Service for any unlawful or inappropriate purpose.
13.2. Our Service provides you, to a limited extent, storage space to upload, publish, design, play and distribute (hereinafter summarily referred to as “post”) content such as images, photos, data, videos, texts, comments and or other material (hereinafter “User Content”).
13.3. We do not assume any responsibility for the storage and/or security of the User Content. For this reason, we recommend you make a copy of your User Content. We reserve the right to change our rules for the storage and use of the User Content at any time, with and without prior notice.
14. Responsibility for User Content
14.1. We take the intellectual property rights of third parties seriously and expect you to do the same. Please note that you are responsible and liable for your User Content. You must ensure that you possess all necessary rights to use your User Content in the context of our Service and that your User Content does not violate these Terms, the intellectual property rights of third parties, or applicable law. This also applies in case you allow us to use your User Content. For instance, your User Content must not:
(I) violate, endanger, charge, limit or interfere in any other way with the intellectual property rights of our licensers or other users;
(II) endanger or impair the Website, the Service and/or other user accounts, for instance due to spam, viruses, trojans, worms or other codes;
(III) feature any offensive, insulting, obscene, disruptive, threatening, discriminatory or pornographic content;
(IV) be deceptive, fraudulent, erroneous or misleading; or
(V) negatively impact the Service, such as by impairing our scan or test runs regarding the security of the Service, our computer systems or our infrastructure.
14.2. We will not review, revise or monitor User Content in any other manner. We nonetheless reserve the right to block or remove any inappropriate content or content violating these Terms without any prior notice.
15. Exclusion of responsibility
As long as we provide the Service, we will make all required and appropriate efforts to maintain the functionality of the Service. This notwithstanding, it is your own decision to use the Service. The Service is provided “as is” and “as available”, without any warranty or guarantee whatsoever regarding its existence, quality or functionality. We do not offer any warranty for the provision of the Service without interruption, delay or defect; the correctness and/or completeness of the information obtained by the Service; the correctness and reliability of the result obtained by the Service; or protection against loss of or damage to your User Content.
16. Content, web pages and services of third parties etc.
16.1. The Website, including the Service, may include, play or make available content from various sources, including other users or third parties. We are not responsible or liable for this content from other users or third parties.
16.2. The Website, including the Service, may include links or other references to services of third parties beyond our control. We have no control over the associated information and services and therefore we cannot assume any responsibility for them. Using these sections is your own decision and may depend on special contractual terms.
17. Reserved rights
17.1. All copyrights, domain names, brands, patents or other intellectual property rights appearing on the Website and the Service are our property or that of our licensers. With the exception of your User Content, all content, as well as all data and documents we make available to you in the context or on the basis of our Service, is our property or that of our licensers.
17.2. We do not guarantee any right, neither directly nor indirectly, to use our intellectual property rights and/or those of our licensers beyond your right to use the Service as provided.
17.3. All rights, including the intellectual property rights, to your User Content will remain with you. We may use your User Content, or parts thereof, in our marketing materials only after we have obtained your exclusive consent. Of course, the terms governing this use will be made available to you and the use of your User Content naturally depends on your consent to these terms.
18.1. You are obligated, at your own expense, to compensate us, our subsidiaries, employees, members of the management, agents, sales partners, supply partners, trade partners and licensers, for any losses, expenses, including appropriate expenses for legal representation, as well as costs arising in the context of your use of the Service, if your use of the Service violates these Terms, any laws or rights of third parties.
19. Liability and limitation of liability
19.1. If you are dissatisfied with our Service or if the latter should cause you any problems or damage, you can terminate the use of the Service and close your user account. You cannot make any further claims.
19.2. Insofar as the limitation of liability as per point 18.1. is not permissible in accordance with applicable law, we shall be liable for damage caused by intentional or grossly negligent behaviour, also if this behaviour is that of our proxies or legal representatives, or if the damage is caused by a violation of product guarantees or qualities of service.
19.3. We shall be liable to a limited extent for the violation of obligations essential to the contract, insofar the case concerned is not covered by point 19.2., namely covering the typically foreseeable damage.
19.4. Any further liability for damage is excluded. In particular, we shall not be liable, under any circumstances, for direct or indirect losses including, but not limited to, losses in the form of lost profits, corrupted or lost data, received erroneous data, interruption of business or other business-related damages or losses. We also shall not be liable for any damage due to the use or potential failure to use our Service, independent of whether the claim is contractual or legal in nature.
19.5. None of the above provisions is intended to exclude our liability for fraudulent behaviour, injury to life or limb, or impairment of health; the same applies to any damaging behaviour of our proxies or legal representatives. The above provisions do not limit the liability in accordance with the German Product Liability Act.
20. Data protection
We collect, process and use personal data to the extent and for the purpose described in our Personal Data Policy. Our Personal Data Policy details how we collect, use, store and, if applicable, transfer personal data. The Personal Data Policy can be viewed below. You have the right to obtain information about the data stored by us free of charge, as well as demand the rectification of incorrect data, or the blocking and erasure of your stored data, at any time. Please also notify us if there have been any changes to your personal data. You can address your request for information, erasure or rectification to the address listed at the end of this data protection information at any time.
21. Term of validity and termination
21.1. These Terms shall apply from the day on which you register a user account and remain applicable until you close your user account.
21.2. You have the right to close your user account at any time, thereby terminating use of the Service. The termination of use can be performed directly on the Website.
21.3. We have the right to close your user account at any time and without stating any reason, or to block your access to your user account, thereby terminating or suspending your use of the Service. You will be notified of any termination or suspension of your user access.
21.4. The provision in point 21.3. notwithstanding, we have the right to close your user account without prior notice, thereby terminating your use of the Service, if you:
(III) fail to use your user account for a period of more than six months.
21.5. Even after the termination of use of our Service and closure of your user account by you or us, independent of the reason for this, the following provisions shall remain applicable: points 13.3., 14.1., 16., 17., 18., 19., 22. and 23.
22. General provisions
22.1. These Terms, in conjunction with the Personal Data Policy, constitute the entire contract between you and us and replace or terminate any potentially existing previous agreement, independent of whether the latter was concluded in writing or orally.
22.2. Should any claim not have been asserted in one of the above provisions, this does not mean that the claim is relinquished. You do not have the right to transfer or delegate your agreement with us or any privilege as per this agreement. Any unauthorised transfer shall be ineffective. You are aware of and agree to the fact that we may transfer the rights and/or obligations arising from this agreement and may employ subcontractors for their fulfilment.
22.3. Should one of the provisions of these Terms be considered ineffective or inapplicable, independent of reason and scope, this does not cause any other provisions to become ineffective or inapplicable.
23. Applicable law and jurisdiction
Insofar as no imperative legal provisions state otherwise, these Terms are subject to German law and the UN Sales Convention is excluded. Exclusive place of jurisdiction for all litigation arising from or in the context of these Terms is Herford in Germany. This does not apply insofar as a consumer in terms of the respective applicable legal provisions is concerned. As a consumer in an EU member state, in addition, you have the right to litigate in the context with these Terms at your general place of jurisdiction.
24. Data controller for Poggenpohl
All data our customers surrender to us via the Poggenpohl website www.poggenpohl.com or by any other means will be collected, processed or stored by or for Poggenpohl Manufacturing GmbH, Poggenpohlstraße 1, 32051 Herford, Germany, registered at the Registration Court in Bad Oeynhausen, Commercial Register B No. 17414, and represented by the Managing Director Yunwei Zhu. Consequently, Poggenpohl is the “data controller” in terms of the German Federal Data Protection Act (BDSG) and is therefore legally responsible for the protection of your data.
25. Contact details of our data protection officer
Please address all communication, questions and requests for information, erasure and rectification to:
Poggenpohl Manufacturing GmbH
Company Data Protection Officer
32051 Herford, Germany
Our security measures require that we may ask you, in individual cases, to provide proof of your identity before we disclose any data. This serves the protection of your data.
Usage Rights for images
All rights for the images shown on our website belong to Poggenpohl. We are happy to make the images you can find on our website in the press download area available for press releases. This implies that we are named as the owners of the rights to the images („Photo(s): Poggenpohl").
Please be aware that we can only provide image material for promotional purposes of any sort on an individual case-by-case basis due to the variously supported image rights. Special conditions of use apply in this case. The release requires our formal and written agreement.
Last updated: September 2020