Terms and conditions

General information and applicability

Imaginative Design INT AB, reg. no. 559047–2766 (Hem) is a Swedish limited company with office address Torsgatan 16, SE-111 23 Stockholm, Sweden. Hem’s e-mail address is info@hem.com.

Hem markets and sells furniture and other interior items (the Products) on hem.com, and from the offices of Hem. These terms and conditions apply to the marketing and sale of the Products.

These terms and conditions are subject to more favorable terms and conditions that may follow from mandatory law.

In the event of any conflict or inconsistency between these Terms and the terms and conditions contained in Customer’s Order or in any other form or document issued by Customer, whether or not any such form or document has been acknowledged or accepted by Hem, these Terms shall prevail. No waiver, alteration, or modification of these Terms shall be binding upon Hem unless made in writing and signed by a duly authorized representative of Hem.

Placing an order - Web Shop

Hem recommends that the Customer places their Orders through the Web Shop. This provides the Customer with the most up-to-date portfolio and pricing, the ability to check stock levels and lead times, Product information, 3D files, file claims, and the ability to pay by card to release an Order immediately.

When Ordering through Hem’s Web Shop, the Customer will receive an initial Order confirmation immediately. The final Order confirmation will be sent from Hem’s sales department within 2 working days from the Order being placed.

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

Please note that an Order is not binding on Hem until full payment for the Products Ordered has been duly received, unless explicitly agreed on with the Customer

Changing an Order placed via the Web Shop

Once Hem receives an Order from the Customer on the Web Shop, it is final. Hem will not be able to add or remove products from the order.

Placing an Order - Email

The Customer can also send an Order by email to orders@hem.com.

It is the Customer’s responsibility to ensure that the Order is correct and includes all the information that Hem may need to process it, such as quantity/description/SKU. The Customer must use the Product names and SKUs as used in Hem’s Web Shop and price list.

Hem will send the Customer an Order Confirmation as soon as the Order has been entered into Hem’s internal sales system. Hem will aim to send an Order Confirmation to the Customer within two to four working days from receiving the Order. The customer must always check the Order Confirmation as soon as it is received, and contact right away if any discrepancies are found. If Hem is not notified about any discrepancy within 48 hours, the Customer is confirming that the Order Confirmation is accurate.

Changing an Order placed via Email

It is possible to change an Order for Standard Product (Product available in the Price List or Web Shop) placed via email as long as the changes are made no less than 21 days before the required delivery date.

Custom and Non-Standard Product Orders

Changes and cancellations are not possible for Orders with non-standard Products or with customized fabrics or leathers.

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 which is used by the carrier). Hem has no obligation to assure that the stated address is valid. The shipping cost, including any taxes and fees, shall be borne by the Customer unless separately agreed on with Hem. Any and all costs levied upon Hem due to incorrect address or failure to accept delivery will be charged to the Customer. Products returned to Hem due to failure to accept delivery will not be re-shipped and Hem will have no obligation to refund the purchase price, and other charged costs, to the Customer. This shall however not apply in the event the Customer requests re-delivery within 14 days from the date of failure to accept delivery and pays the costs for the re-shipping.

Delivery is Ex Works (i) Plewiska, Poland or (ii) Bolingbrook, IL, USA (as applicable), and excluding installation unless separately agreed on with the Customer.

Transfer of ownership of purchased Products occurs (i) when the Product is delivered, and (ii) full payment of the purchase price has been received. The Customer will not be entitled to dispose of the Product before the transfer of ownership has occurred. Hem has the right to re-take delivered Products not paid for.

Delivery Time

Lead time for Standard Products varies from Product to Product. Delivery on Non-Standard or Custom Products is agreed upon on a case-by-case basis.

In the case that Hem learns that it is not possible to deliver the Products within the agreed period; the Customer will be informed of the delay as soon as possible and informed of a new expected shipment week. If the delay exceeds 3 months and is not due to force majeure, the Customer is entitled to cancel the Order. The delivery date is only an estimated delivery date and Hem cannot be held liable for any damage or loss that the Customer may suffer as a result of delay or non-delivery.

Hem will in case of a cancellation return all payments for the Product to the Customer as soon as practically possible, and in no case later than 30 days from the date of the cancellation.

Change of Delivery Address

The Customer is able to change the delivery address no less than 21 days before the required delivery date. Changing the delivery address may change the delivery cost and/or tax rate.

Damaged on Arrival or Mis-Shipment

If the Customer receives a delivery that does not comply with their expectations, reservations must be made on the waybill/POD/CMR or electronic PDA (delivery note). The Customer is obligated to check the packaging upon receipt of the goods and check that the number of packages corresponds to the delivery note. If goods and/or packaging are damaged upon receipt, the responsibility to accept the Order with reservation and to make a remark of this on the delivery note lies upon the recipient. Any damage or loss incurred during transport must be reported to Hem no later than 48 hours after receipt. If no reservations are noted on the waybill/POD/CMR or electronic PDA, and the Customer does not make a claim within 48 hours of delivery, the Customer is acknowledging delivery without fault.

The Customer has 48 hours to notify Hem in the event of a Mis-Shipment (where the Products delivered differ from the Products on Order). Beyond this time, Hem is not able to accept the claim. To notify Hem, the Customer must submit a claim. Hem will then run an inventory check and if a discrepancy is found, notify the Customer. Hem will then communicate a realistic time frame that will be no shorter than 7 days to deliver the replacement Product.

Please note that replacement Products can only be delivered to the same delivery address as the original Order. Hem is not liable for any onward delivery, mounting costs, or other third-party costs in relation to the replacement.

Unavailability of Components

Hem has the right to cancel Orders made due that the Product, or parts of the Product, is no longer possible to source from Hem’s sub-suppliers and cannot be sourced by reasonable efforts and/or at reasonable prices from other sub-suppliers.

Hem will in case of a cancellation return all payments for the Product to the Customer as soon as practically possible, and in no case later than 30 days from the date of the cancellation.

Prices

The prices of the Products are stated in the Web Shop and Price List, or otherwise separately agreed on with the Customer. In cases where the Web Shop and Price List differ, the prices in the Web Shop take precedence.

The prices stated in the Web Shop are subject to change and may be changed without advance notice.

Any applicable shipping costs will be added to the stated prices of the Products and will be stated separately in the Ordering form in the Web Shop before completing the Order, or otherwise separately agreed on with the Customer.

Applicable VAT or Sales Tax (if any) may be added in the Ordering process in the Web Shop before completing the Order. The Customer is responsible for paying any and all applicable VAT in addition to VAT charged by Hem. The Customer is further responsible for paying any and all other applicable taxes, fees, and customs for the Products and the delivery thereof unless separately agreed on with the Customer.

Payment

Payment shall be made in the agreed currency and must be received by Hem in full, without set-off or other deduction, not later than on the due date as specified in Order Confirmation or the corresponding invoice. Payment shall be made in accordance with the payment terms and conditions of payment indicated in the Order Confirmation or the corresponding invoice. All bank charges are the responsibility of the Customer.

The Customer agrees to pay a 2% interest charge per day on balances that are not received on the due date. In the event that Hem institutes any legal suit, action or proceeding against the Customer arising out of or relating to this Agreement, including payment for the Goods, Hem shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

The Products

Hem does not guarantee that the true colors, shapes, and other features of the Products are accurately reflected in the Web Shop or in presentation/advertising material, due to the Customer’s computer or monitor settings, or due to deficiencies in the depiction or the description of the Products.

Hem warrants that the Products are free from defects for five (5) years from the date of delivery.

The 5-year Product warranty does not apply in the following situations (the list is non-exhaustive):

If the Product has been stored, assembled, or maintained wrongly.
If the Product has been abused, misused, or cleaned using the wrong cleaning methods.
If the Product has been altered or repaired by anyone else than Hem.
If a Product deviates from a color sample, sample of wood or other kinds of sample as such samples can only be considered as a guiding example.
Damage due to normal wear and tear, cuts or scratches, or damages caused by impact or accidents.
In cases of consequential or incidental damage.
If replacement of gliders is needed and/ or in case of damage due to lack of replacement of gliders.
If the Product has been placed outdoors or in a humid environment.

The Customer is to refer to Hem’s Care Guides for specific care instructions and guidance made available for each Product variant.

Defects in Products supplied must be notified no later than 48 hours from receipt of the Products. Concealed defects are to be notified immediately after discovery. Hem will have no obligation to remedy a defect in the event of failure to accordingly notify a defect.

In the event of a defect, Hem will, in its own sole discretion, either remedy the defect or exchange the Product as soon as practically possible after receiving notification about the defect. In the event it is not possible to remedy the defect or exchange the Product, Hem will reimburse the purchase price of the Product reasonably adjusted for any wear and tear. These remedies are exclusive, and Hem is not liable for any remedial or repair work done by the Customer or third party under the Customer’s instruction.

Concluding Condition

The Distance and Doorstep Sales Act (2005:59) (the Act) is applicable for all purchases of Products made through the Web Shop and over email and telephone by Customers that are consumers (as defined in the Act). A consumer has the right to cancel an Order and return purchased Products in accordance with what is set out in chapters 2 and 5 of the Act (ångerrätt).

The consumer has thus the right to cancel an Order and return a purchased Product by giving or sending a notice to Hem (to any of the addresses stated in the introductory part) within 14 days from the receipt of the Product. The consumer has always a right to give or send the notice within 7 business days from the receipt of the Product. The consumer may only use the right to cancel an Order and return the Product if the Product is in materially unaltered shape, or if it has not been uniquely designed for the consumer.

In case the consumer decides to cancel an Order and return the Product, the Customer shall notify Hem, who will then provide the Customer with a return address. The Customer is obligated to pay for the shipping costs.

Hem will return all payments made for canceled Orders and returned Product(s), minus 15% of the value (to cover handling and administrative costs), as soon as possible following the consumer’s exercise of the right to cancel an Order and return the Product, and in no case later than what is prescribed under the Act.

For further details regarding the consumer’s right to cancel Orders and return Products, please see the Act in its entirety.

Intellectual Property Rights

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

Complaints

All complaints and claims regarding a Product shall be sent to Hem by using the claims form on the Web Shop.

Hem will aim to respond to all claims within 72 hours. The Customer must ensure that they take pictures of the packaging and Product stamp for submitting their claim. The Customer is also obligated to retain all packaging and Product material until their claim is resolved.

If the claim is accepted, Hem will place an Order for a new Product or parts (e.g. frames or modules on sofas), remedy the defect, or issue a credit note. Please note that replacement Products can only be delivered to the same delivery address as the original Order. Hem is not liable for any onward delivery, mounting costs, or other third-party costs in relation to the replacement. We will inform the Customer as to whether they should return or destroy the defective Product.

If the claim is rejected, Hem’s Customer Service team will contact the Customer with an explanation.

Limitation of liability

Hem shall not be liable for any loss, damages, claims, or costs whatsoever, including any consequential or indirect damages or costs, due to the use of the Products.

Resale of the Product

The Customer shall not sell any Products to any resellers without the prior written consent of Hem. The Customer shall not resell the Product for greater than the retail price listed on the Web Shop.

Copyright and rights of use

The content provided by the design company Hem is protected by the laws governing databases, copyright, and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers, or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

Force Majeure

Force majeure events such as breakdowns, strikes, pandemics, or other disruptive influences beyond Hem’s control, or that of Hem’s suppliers, release Hem from its delivery commitments and any other obligations in relation to the Customer for the duration of the disruptive influence and of the consequences thereof.

Miscellaneous

All costs for contacts with Hem for the purpose of Ordering Products or otherwise, whether through Hem’s Web Shop, by telephone, by e-mail, by regular mail, or otherwise, shall be borne by the Customer.

The Customer visits and uses the Web Shop at its own risk. Hem shall have no liability whatsoever for any damage caused to the Customer’s computer hardware, software, or other equipment due to viruses, worms, or similar contracted from the Web Site.

Governing law

Swedish law shall, without regard to its conflict of laws principles, exclusively apply to these terms and conditions and to all purchases of Products. Any dispute arising out of or in connection with these terms and conditions shall be settled in a Swedish court of general jurisdiction.