Terms and conditions

General Information and Applicability

Imaginative Design INT AB, reg. no. 559047–2766 ("Hem"), is a Swedish limited company with office address Högbergsgatan 27, 116 20 Stockholm, Sweden. Hem’s e-mail address is info@hem.com.

Hem markets and sells furniture and other interior items (the "Products") through hem.com (the "Web Shop") and from the offices of Hem.

These terms and conditions apply to the marketing and sale of the Products to consumers purchasing Products for purposes outside their trade, business or profession (the "Customer").

These terms and conditions are subject to any mandatory rights and protections available to the Customer under applicable consumer law.

Ordering

Placing an Order – Web Shop

When an Order is placed through Hem’s Web Shop, the Customer will receive an automated acknowledgement confirming that the Order has been received.

Where payment is made by card, the Order may be confirmed and released immediately. Where payment is made by bank deposit, Hem will issue the final Order Confirmation and relevant payment documentation separately.

The Customer must review the Order Confirmation as soon as it is received and contact Hem immediately if any discrepancies are found.

Please note that placing Orders through Hem’s Web Shop is not available in all countries.

Placing an Order – Email

The Customer may also place an Order by email to info@hem.com.

It is the Customer’s responsibility to ensure that the Order is correct and includes the information Hem may reasonably require to process it, such as Product, quantity, description and SKU.

Hem will send the Customer an Order Confirmation once the Order has been entered into Hem’s internal sales system.

The Customer must review the Order Confirmation as soon as it is received and contact Hem immediately if any discrepancies are found.

Changing or Cancelling an Order

If the Customer wishes to change an Order before it has been shipped, the Customer should contact Hem as soon as possible. Whether Hem is able to accommodate a requested change will depend on the status of the Order and the type of Product ordered.

The Customer may cancel an Order where they have a statutory right to do so under applicable consumer law, including by exercising the right of withdrawal described under Right of Withdrawal and Returns below.

The statutory right of withdrawal does not apply to Products made according to the Customer’s specifications or otherwise clearly personalised, to the extent that such Products fall within an applicable legal exception. This may include certain Custom or Made-to-Order Products, depending on the nature and level of customisation.

Delivery

All Products are shipped with a well-reputed carrier of Hem’s choice to the address stated by the Customer, or to a pick-up point connected to the stated address and used by the carrier.

The Customer is responsible for providing complete and accurate delivery information.

Shipping costs and any applicable charges will be communicated to the Customer before the Order is completed.

Any additional costs incurred by Hem due to an incorrect delivery address, failure to accept delivery, or other circumstances attributable to the Customer may be charged to the Customer to the extent permitted by applicable law.

If Products are returned to Hem due to the Customer’s failure to accept delivery, the Customer should contact Hem to arrange re-delivery. Any additional shipping or handling costs resulting from the failed delivery may be charged to the Customer where permitted by applicable law.

Installation is not included unless separately stated or agreed with the Customer.

Delivery Time

Lead times for Standard Products vary from Product to Product. Lead times for Non-Standard, Made-to-Order or Custom Products are confirmed on a case-by-case basis.

Any delivery date or shipment week communicated by Hem is an estimate unless otherwise expressly agreed.

If Hem becomes aware that the Products cannot be delivered within the expected period, Hem will inform the Customer as soon as possible and provide an updated expected shipment or delivery date.

The Customer retains any rights available in the event of delayed delivery under applicable mandatory consumer law.

Change of Delivery Address

The Customer may request a change of delivery address no less than 21 days before the required delivery date.

Changing the delivery address may affect the delivery cost, applicable tax rate and/or delivery timeline.

Any change of delivery address is subject to Hem’s confirmation.

Damaged on Arrival or Mis-Shipment

The Customer is responsible for inspecting the delivery upon receipt, including checking the packaging and confirming that the number of packages corresponds to the delivery note.

If the Products and/or packaging show visible signs of damage upon receipt, the Customer should accept the delivery with reservation and record the damage on the waybill, POD, CMR or electronic PDA (delivery note), as applicable. Where the damage appears significant, the Customer should inspect the Product together with the carrier to confirm whether the Product itself is damaged.

Any damage or loss incurred during transport should be reported to Hem through the applicable claims process no later than 48 hours after receipt to enable Hem to investigate the transport claim as efficiently as possible.

The Customer should also notify Hem within 48 hours of receipt in the event of a Mis-Shipment, where the Products delivered differ from the Products stated in the Order Confirmation.

Hem will review the claim, including carrying out an inventory check where appropriate, and if a discrepancy is confirmed, Hem will notify the Customer and arrange an appropriate replacement or other remedy.

Hem will communicate the expected timeframe for any replacement delivery, which will be no shorter than 7 days.

Replacement Products will normally be delivered to the same delivery address as the original Order.

The notification periods above are intended to facilitate Hem’s claims and transport processes and do not limit any mandatory statutory rights the Customer may have in relation to defective, damaged or incorrectly delivered Products.

Unavailability of Components

Hem may cancel all or part of an Order if a Product, or a component required for the Product, is no longer available from Hem’s suppliers and cannot reasonably be sourced from an alternative supplier.

If Hem cancels an Order for this reason, Hem will notify the Customer and refund any payments made for the cancelled Products as soon as reasonably possible.

Prices

The prices of the Products are stated in the Web Shop or otherwise communicated to the Customer before the Order is completed.

Prices stated in the Web Shop may be changed without advance notice. Any such change will not affect an Order that has already been confirmed by Hem.

Any applicable shipping costs will be shown during the ordering process before the Customer completes the Order.

Prices and applicable VAT or other taxes will be displayed in accordance with the requirements applicable to the Customer’s purchase and delivery destination.

Any customs duties, import charges or similar charges that are payable by the Customer will be communicated where required by applicable law.

Payment

Payment shall be made in the currency and using the payment method selected or otherwise agreed during the ordering process.

Where payment is required before production or fulfilment, Hem will not commence production, procurement, picking, packing or shipment until the required payment has been received.

If payment is received later than required, any previously communicated production, shipment or delivery dates may need to be adjusted accordingly.

The Products

Hem aims to display the Products and their colors, shapes, finishes and other characteristics as accurately as possible.

However, the appearance of Products may vary from images shown in the Web Shop or in presentation or advertising material as a result of screen settings, lighting, photography, production variation or the characteristics of natural materials.

Hem warrants that the Products are free from defects covered by Hem’s limited five-year Product warranty for five (5) years from the date of delivery.

The 5-year Product warranty does not apply in the following situations, including but not limited to:

if the Product has been stored, assembled or maintained incorrectly;
if the Product has been abused, misused or cleaned using incorrect cleaning methods;
if the Product has been altered or repaired by anyone other than Hem or a party authorized by Hem;
if a Product differs from a color, wood, fabric or other sample where such sample can only reasonably be considered indicative;
damage resulting from normal wear and tear, cuts, scratches, impact or accidents;
consequential or incidental damage to the extent permitted by applicable law;
where replacement of gliders is required or damage results from a failure to replace gliders; or
if the Product has been placed outdoors or in a humid environment where it is not intended for such use.

The Customer should refer to Hem’s Care Guides for Product-specific care instructions and guidance.

The 5-year warranty is provided in addition to, and does not replace or limit, any statutory rights the Customer may have under applicable consumer law.

Any visible damage should be reported in accordance with the Damaged on Arrival or Mis-Shipment section above. Concealed defects should be reported to Hem as soon as reasonably possible after discovery.

In the event of an accepted warranty claim, Hem may, depending on the circumstances, remedy the defect, provide replacement parts, exchange the Product or reimburse the purchase price, subject always to the Customer’s mandatory statutory rights.

Right of Withdrawal and Returns

Customers purchasing Products as consumers through the Web Shop or by another means of distance communication generally have a statutory right to withdraw from the purchase within 14 days without giving a reason, subject to the exceptions provided by applicable law.

For Products, the withdrawal period generally begins on the day the Customer receives the Product. Where an Order contains multiple Products or parts delivered separately, the withdrawal period may begin when the Customer receives the final Product or part, as provided by applicable law.

To exercise the right of withdrawal, the Customer must notify Hem of the decision to withdraw before the withdrawal period expires by sending a clear statement to Hem that the Customer wishes to withdraw from the purchase.

If the right of withdrawal is exercised, the Customer must return the Product without undue delay and no later than 14 days after notifying Hem of the withdrawal.

Hem will provide the applicable return address or return instructions.

Unless Hem has agreed otherwise or applicable law requires otherwise, the Customer is responsible for the direct cost of returning the Product.

Hem will reimburse payments received from the Customer in connection with the withdrawn purchase, including the cost of Hem’s standard delivery option where required by applicable law.

Hem is not required to reimburse additional delivery costs resulting from the Customer choosing a more expensive delivery option than Hem’s standard delivery method.

The refund will be made without undue delay and, in any event, within the period required by applicable law. Hem may withhold reimbursement until the returned Product has been received or the Customer has provided evidence that the Product has been returned, where permitted by applicable law.

The refund will normally be made using the same payment method used for the original transaction unless otherwise agreed.

The Customer should return the Product in its original packaging where reasonably possible and take reasonable care of the Product while it is in their possession.

The Customer may be responsible for any reduction in the value of the Product resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Product, to the extent permitted by applicable law.

Products Excluded from the Right of Withdrawal

The statutory right of withdrawal does not apply where an applicable legal exception applies.

In particular, the right of withdrawal may not apply to Products that have been made according to the Customer’s specifications or have otherwise been clearly personalised.

Whether a Made-to-Order or Custom Product falls within this exception depends on the nature and level of customization of the particular Product.

Nothing in this section affects the Customer’s rights in relation to defective or incorrectly supplied Products.

Intellectual Property Rights

Purchase of Products does not constitute a transfer of ownership of, or a license to use, any intellectual property rights related or pertaining to the Products, including copyright, design, trademark or patent rights.

Complaints and Claims

All complaints and claims regarding a Product should be submitted to Hem through the claims form available on the Web Shop or another claims process communicated by Hem.

Hem will aim to respond to claims within 72 hours.

The Customer should provide photographs of the Product, packaging and Product stamp or label where reasonably required to investigate the claim.

The Customer should retain the relevant Product, packaging and Product materials until Hem has advised whether they are required for the claim.

If a claim is accepted, Hem may provide a replacement Product or part, remedy the defect, or issue an appropriate refund or credit, depending on the circumstances and subject to the Customer’s mandatory statutory rights.

Hem will inform the Customer whether the defective Product should be returned, retained or otherwise handled.

Nothing in Hem’s claims process or warranty limits the Customer’s mandatory rights under applicable consumer law.

Limitation of Liability

Nothing in these terms and conditions excludes or limits any liability that cannot lawfully be excluded or limited under applicable consumer law.

To the extent permitted by applicable law, Hem shall not be liable for indirect or consequential loss that was not reasonably foreseeable at the time the contract was entered into.

Copyright and Rights of Use

The content provided by Hem is protected by applicable laws governing copyright, trademarks, designs, databases and other intellectual property rights.

Such content may not be copied, distributed, modified or used for commercial purposes without the prior consent of the applicable rights holder, except where otherwise permitted by law.

Automated extraction or copying of Hem’s content, offers, directories, databases or other materials for commercial purposes is prohibited except where expressly authorized.

Force Majeure

Hem shall not be responsible for a failure or delay in performing its obligations where the failure or delay is caused by circumstances outside Hem’s reasonable control, including breakdowns, strikes, pandemics, transportation disruptions or other disruptive events affecting Hem or its suppliers.

Nothing in this section limits any mandatory rights the Customer may have under applicable consumer law.

Miscellaneous

If any provision of these terms and conditions conflicts with mandatory consumer law, the applicable mandatory consumer law shall prevail.

If any provision is held to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

Governing Law

These terms and conditions and purchases of Products are governed by Swedish law, without regard to its conflict of laws principles.

Where the Customer is a consumer residing in another country, this choice of law does not deprive the Customer of any mandatory consumer protection afforded by the law of the country in which the Customer has their habitual residence, where such protection is applicable.

Any dispute arising out of or in connection with these terms and conditions shall be submitted to a court having jurisdiction in accordance with applicable law.