Hem Design Studio Inc.
220 E. 42nd Street, Suite 409A
New York, NY 10017, USA

- hereinafter "Hem" -

You have the option of concluding the purchase agreement in either German, French or English. 






1. Hem



These GTCs apply for consumers only and define the conditions under which you (“you” or “user”) may use the services provided by Hem. Hem Design Studio Inc. ("Hem") operates the furniture design company www.hem.com on the internet. Among other things, the design company Hem consists of www.hem.com (the "Hem website") and other content, which Hem provides directly on the internet (“services”). By placing an order with Hem you will receive personal information about impending sales campaigns of Hem and its affiliates via Hem's e-mail service, provided that you have agreed to receive these e-mails.



2. Validity of the general terms and conditions

2.1 By declaring your agreement at the time of placing an order, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as "GTCs"). These GTCs define the conditions under which you (“you” or “user”) may use the services provided by Hem.

2.2 The general terms and conditions of users, members, and partners will not apply to any direct business with Hem, even if not explicitly refuted by Hem and/or if Hem provides services without objection. This also applies if the user, member or partner has prescribed a special format for filing objections. Deviating terms and conditions will not apply unless this has been explicitly confirmed in writing in advance by Hem. Consent by e-mail will suffice.

3. Offer and closing of contract

3.1 The description of products and presentation of goods on the Hem website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers within the meaning of § 13 of the German Civil Code, i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Hem reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by Hem, you must take the following steps: Place an article in the cart. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Immediately upon receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain property of Hem until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform Hem immediately. If, before concluding the contract, Hem finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received.

3.2 Delivery of the goods to the customer is carried out by the third-party providers (delivery services) stated in the ordering process. For goods which are not in stock, the delivery time will be approx. 8-11 weeks after receipt of the payment. During the Christmas period the delivery time can be delayed by up to two (2) weeks, during Easter period up to five (5) days. The delivery times to Ireland, Scotland or islands may take 2 weeks longer than our standard lead time.

3.3 The prices shown on the website are final and include statutory VAT for all customers from inside the EU. Freight costs will be shown separately in a manner comprehensible to the customer. Some additional costs may be applied for the delivery to Ireland, Scotland or British Islands. Customers from countries outside the European Union may be charged with additional costs for customs clearance and national VAT at the time of the delivery.

3.4 All furniture products that can get modified by the customer get produced according to the customer´s individual configuration. Any kind of presetting on the Hem order homepage is merely a design suggestion. In case the customer decides to order a product without changing the preset configuration regarding size, material or color the customer adopts the preset configuration as his or her individual configuration.

4. Right of withdrawal regarding ordered goods

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Hem Design Studio Inc.
220 E. 42nd Street, Suite 409A
New York, NY 10017, USA
P: 212-308-0820
E: info@hem.com
I: hem.com


Exceptions:

 The right of revocation does not apply to distance selling agreements on the supply of merchandise made to customer specifications or clearly and unambiguously tailored to individual requirements or whose composition renders it unsuitable for return, or which can spoil quickly or whose use-by date would be exceeded. Also, if you are an entrepreneur and are at the point of conclusion of the Agreement acting in pursuit of your normal commercial or freelance occupation, the right of withdrawal does not apply.


Effects of withdrawal: If you withdraw from this contract, Hem shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.You will have to bear the direct cost of returning the goods. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

5. Withdrawal Of Services

You have the right to withdraw from this contract within 14 days on the conclusion of the contract. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Hem Design Studio Inc.
220 E. 42nd Street, Suite 409A, New York, NY 10017, USA
E: info@hem.com
I: us.hem.com


Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Exceptions: The right of revocation does not apply to distance selling agreements on the supply of merchandise made to customer specifications or clearly and unambiguously tailored to individual requirements or whose composition renders it unsuitable for return, or which can spoil quickly or whose use-by date would be exceeded. Also, if you are an entrepreneur and are at the point of conclusion of the Agreement acting in pursuit of your normal commercial or freelance occupation, the right of withdrawal does not apply.

6. Customer orders from Turkey and Israel

Customers from Turkey and Israel waive any right whatsoever to withdraw from a contract and any right to return any products for any reason.

7. Concluding Conditions

7.1 If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.

7.2 Only the laws of the Federal Republic of Sweden will apply, to the exclusion of the UN Convention on the Sale of Goods. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected.

7.3 If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Sweden or in another EU member state, Berlin will be the place of jurisdiction for any disputes arising from this contract.

7.4 With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.

8. Cancellation

8.1 The cancellation of the contract does not result in a waiver of Hem regarding the agreed purchase price.

8.2 Notwithstanding Hem´right to enforce a higher compensation claim against a customer, Hem is in the event of a one sided cancellation of the contracted entitled to incur you with a generalized compensation in the amount of 30 % of the gross purchase order after the production of the ordered product commenced.

The customer is entitled to proof that Hem suffered no or only an lower financial loss.

9. Warranty and liability

9.1 The warranty and liability is governed by the laws of the Federal Republic of Sweden. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction.

9.2 Hem’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. Hem only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. Hem only has statutory liability where Hem is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfilment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. Hem also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act.

9.3 The aforementioned liability exclusions and limitations with regard to companies or consumers do not apply where Hem has given explicit guarantees.

10. Disclaimer

The user indemnifies Hem against all claims by third parties instituted against Hem for violating their rights or these GTCs, the shop regulations or laws governing the use of the Hem website. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor's fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide Hem with all information that may be required to verify the claims and to defend the case - immediately, truthfully and completely — in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.



11. 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.

12. Assembly Service

12.1 The customer is obliged to inform us about the consistence and condition of the relevant walls. Our employees are only able and allowed to assemble the products on the background of solid walls. As far as we agree to assemble the products on the background of a drywall, the customer is obliged to provide the necessary wall plugs or screw anchors.

12.2 Upon delivery the place of delivery must be reachable by truck and the delivery can be performed by the standard means of transport through the entrances and staircases to the final place of delivery or assembly. The buyer is obliged to inform Hem about different spatial circumstances, particularly difficulties in delivery within due time before the date of the delivery. Should the buyer neglect this obligation, the client is obliged to reimburse Hem for any additional costs and equipment provided. In the event that cannot be performed with standard delivery means the customer will automatically get in default of acceptance.

13. Legal notice/Imprint

Hem Design Studio Inc.
220 E. 42nd Street, Suite 409A
New York, NY 10017, USA
T: 212-308-0820
E: info@hem.com

14. Severability clause

The nullity or invalidity of individual provisions of these General Terms and Conditions do not affect the validity of the remaining provisions. Null or invalid provisions will be replaced by the equivalent statutory provisions.