General Information and Applicability

Imaginative Design NA Inc. ("Hem") is a U.S. corporation with an address at c/o CLA LLP, 1 Main Street, Suite 202, Racine, WI 53403. 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").

These terms and conditions apply to the marketing and sale of the Products to consumers purchasing Products primarily for personal, family or household purposes (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.

Placing an Order – Email

The Customer may also place an Order by email to orders@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 or cancel an Order before it has been shipped, the Customer should contact Hem as soon as possible.

For Standard Products, any cancellation or modification is subject to Hem’s prior approval and can only be considered depending on the status of the Order, including whether production or pick & pack has commenced.

Made-to-Order, Custom and Non-Standard Products may not be cancelled or modified once production or procurement has commenced and are not eligible for return under Hem’s standard return policy after delivery.

Standard Products may be eligible for return after delivery in accordance with the Returns section below.

Nothing in this section limits any cancellation, refund, replacement or other rights available to the Customer under applicable consumer law, including where a Product is defective, damaged or incorrectly supplied.

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.

Hem will ship the Products within the timeframe communicated to the Customer.

If no shipping timeframe has been communicated, Hem will ship the Products within the period required by applicable law.

If Hem becomes aware that it will not be able to ship the Products within the applicable timeframe, Hem will notify the Customer and provide an updated expected shipment date.

Where required by applicable law, the Customer will be given the option to agree to the revised shipment date or cancel the affected Order and receive a refund.

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 or other applicable delivery document. 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.

Applicable sales tax and other taxes, where required, may be added during the ordering process.

The Customer is responsible for paying any applicable sales, use or other taxes not collected by Hem 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.

Read more about Hem’s limited 5-year warranty on hem.com.

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

The 5-year limited warranty is provided in addition to any rights or remedies that cannot be excluded or limited under applicable federal or state 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 to any rights and remedies available to the Customer under applicable law.

Returns

Hem offers Customers a 14-day return period for eligible Standard Products.

The 14-day return period begins on the date the Customer receives the Product.

To request a return, the Customer must notify Hem within the 14-day return period by sending a clear statement that the Customer wishes to return the Product.

Hem will provide the Customer with the applicable return address and return instructions.

Unless Hem has agreed otherwise or applicable law requires otherwise, the Customer is responsible for arranging and paying the return shipping costs.

Products returned under this policy must be unused, returned in their original packaging, and in a condition acceptable to Hem. Hem may deduct from the refund an amount reflecting damage, repackaging costs or reduction in value, to the extent permitted by applicable law.

Once the return has been received and approved, Hem will refund the applicable amount using the original payment method unless otherwise agreed.

Any original expedited, premium or other additional delivery charges are non-refundable, except where required by applicable law.

Products Excluded from Hem’s Return Policy

Made-to-Order, Custom, Non-Standard and clearly personalized Products are not eligible for return under Hem’s 14-day return policy.

This exclusion does not affect the Customer’s rights where a Product is defective, damaged, incorrectly supplied, or where applicable law provides otherwise.

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 process 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 rights under applicable law.

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 any rights or remedies that cannot be excluded or limited under applicable law.

Limitation of Liability

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

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

Some jurisdictions do not allow certain exclusions or limitations of liability, in which case the applicable exclusion or limitation will apply only to the maximum extent permitted by law.

Copyright and Rights of Use

The content provided by Hem is protected by applicable copyright, trademark, design and other intellectual property laws.

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, including any rights relating to delayed or unshipped Orders.

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 the laws of the State of Delaware, without regard to its conflict of laws principles.

Nothing in this choice of law deprives the Customer of any mandatory consumer protection available under applicable federal law or the law of the state in which the Customer resides.

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.

Hem Design Studio Inc.

Last updated: March 13, 2023

The Hem Design Studio Inc. mobile message service (the "Service") is operated by Hem Design Studio Inc. (“Hem Design Studio Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Hem Design Studio Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Hem Design Studio Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hem Design Studio Inc. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18882904805 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Hem Design Studio Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18882904805 or email info@hem.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.