Terms and conditions

General Information and applicability

Hem Design Studio Inc., is a corporation registered in Delaware, USA, with its office registered at c/o Clifton Larson Allen, 222 Main St, Suite 200, Racine,
WI, 53403, Hem’s e-mail address is: info@hem.com.

Hem markets and sells furniture and other interior items (the Products) on Hem Design’s Web Sites www.hem.com and www.pro.hem.com (together the Web Shop), and from the offices of Hem.

These terms and conditions apply for 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.

These terms and conditions shall take precedence over your (or your entity’s) additional or different terms and conditions, to which notice of objection is hereby given, unless we specifically agree to them in writing.

Ordering

An order is not binding on Hem before full payment for the Products ordered has been duly received, unless otherwise is explicitly agreed on with the customer.

Delivery and Delivery Time

The delivery times for the Products are stated in the Web Shop, or otherwise separately agreed on with the customer. 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.

The customer has, as an exclusive remedy, the right to cancel an order in case of delay in excess of four weeks.

Hem has the right to cancel orders made due to that 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.

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. 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) Żerniki, Poland or (ii) Bolingbrook, IL, USA (as applicable), and excluding installation unless otherwise stated.

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 transfer of ownership has occurred. Hem has the right to re-take delivered Products not paid for.

In the event of obvious damages to product packaging at delivery, the customer needs to open the package together with the courier to make sure that the product is intact. In case of damages are identified, the product delivery should be rejected and the customer must immediately contact Hem at info@hem.com and claim the “Damaged on Arrival” to be entitled a replacement product.

Prices

The prices of the Products are stated in the Web Shop, or otherwise separately agreed on with the customer.

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 (if any) may be added in the ordering form 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.

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.

Right to cancel orders for Products

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 chapter 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 consumer shall arrange for the return shipping of already shipped Product(s) to applicable physical address:

(i) Goods ordered from Europe
Postnord Fulfilment SP z.o.o.
Składowa 15,
Żerniki k. Poznania
62–023
Poland

or,

(ii) Goods ordered from the United States
Mainfreight
560 Remington Blvd
Bolingbrook, IL 60440
United States

The customer is obligated to pay for the shipping costs.

Hem will return all payments made for cancelled 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

A 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 pattern rights, to the customer.

Complaints

All complaints regarding a Product shall be sent to Hem by using any of the addresses stated in the introductory part.

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.

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 on 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

US 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 US court of general jurisdiction.