TERMS AND CONDITIONS

Applicability

1. The following terms and conditions of sale (“Terms and Conditions”) apply to the purchase of products and ancillary services (collectively called “Products”) via the Herman Miller Hong Kong Online Site at www.hermanmiller.hk or over the telephone (the “Site”). By accessing, using, or registering on the Herman Miller Hong Kong Online Site, you agree to be bound by the Terms and Conditions. By signing in, registering to use, or making a purchase via the Site, you specifically agree to make the purchase in accordance with these Terms and Conditions.

Account

2. If you register at the Site, we will establish an account for you and you will be required to create a user name and password. You agree that you will not misuse or abuse account access and passwords. You agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it accurate, current and complete. You also agree that your account will be used only by you and that you will take all reasonable precautions to protect your account against unauthorized use. You will be fully responsible for any activity on your account, whether authorized or unauthorized. If your account has been breached, contact us immediately to cancel the account in question. Any such information that you submit will be treated in accordance with our Privacy Policy.

3. We exercise the right to terminate or suspend access to the Site without notice, for any conduct that we believe is disruptive or is in violation of any applicable law or terms contained therein.

Order, Contract and Payment

4. You are able to select Products on the Site and add them to your cart. You may place an order for these Products by selecting the confirm order button at the end of the check-out process, which includes a series of simple instructions in order to complete the check-out process. Upon completion, we will send an order confirmation to your registered e-mail detailing the goods ordered. Once we have sent you an order acknowledgment e-mail, a binding contract is formed unless you have cancelled such order in accordance with these Terms and Conditions, or we have notified you that your order has not been accepted by us. Orders may be rejected for reasons, including but not limited to:-

5. By making an offer to buy a product, you expressly authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain initial credit or debit card authorization and to authorize individual purchase transactions.

6. Order fulfillment occurs from 9 am to 6 pm. Statutory holidays, Sundays and company closures may affect your order processing and shipment dates. We reserve the right to refuse any order to place with us. We will make every effort to notify you in the event of an order refusal.

7. A valid form of payment and pre-authorization of funds is required prior to acceptance of an order. We accept only Union Pay, Visa, Master Card and American Express.

8. The prices for all Products to be sold shall be as indicated in the www.hermanmiller.hk and related documentation.

9. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing information, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card account has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your account for the amount of the charge.

Security

10. The Site protects the security of your transmitted information by using SSL. The certificates encrypt all information that is gathered. We do not reveal the credit card number during order confirmation. The computer servers that store user date are protected by firewalls. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site.

Consent to Communication

11. You hereby consent that we or our associated or authorized persons may send direct marketing materials to you, unless and until we receive a notice in writing by you to the contrary.

Delivery of Goods

12. You should ensure that delivery address is clear and accurate. Additional charge will be imposed if we have incurred extra costs due to unclear and/or inaccurate address provided by you.

13. We shall deliver the Products to you by one single visit pursuant to the delivery date and delivery address as specified in the relevant Invoice during normal working hours from 9 am to 6 pm excluding Sundays and Statutory Holidays. We are entitled to charge you a delivery fee which we think fit but in any event not less than HK$200 per delivery. We reserve the right to make an additional charge if we incur costs or expenses additional to those that we are reasonably expected to incur. The additional costs and expenses shall include (but shall not be limited to) those that are occasioned by:-

14. You undertake to provide the necessary labour for unloading the Products and to ensure that unloading to be completed with reasonable dispatch.

15. The Products shall be, shall be deemed to be, delivered when we dispatch them to you.

16. We shall not be liable for any loss or damage whatever due to our failure to deliver the Products (or any of them) promptly or at all. Notwithstanding that we may have delayed or failed to deliver the Product (or any of them) promptly you shall be bound to accept delivery and to pay for the Products in full.

17. No delivery of service is available when typhoon signal No.8 or above or black rainstorm warning is hoisted. You shall contact servicehk@hermanmiller.com for rescheduling of the delivery date.

18. Delivery dates and times are given in good faith but are estimates only, and their observance shall not be of the essence. Our failure to conform to the delivery times and dates shall not give rise to any liability on our part (whether in respect of direct and indirect losses alleged to be suffered by you).

19. Upon receipt of the Products, you or your authorized person should inspect the quantity and quality of the Products carefully. By acknowledging receipt of the Products by you or your authorized person, we are discharged from liability in respect of shortage, loss or damage.

20. If you fail to take delivery of the Products or give us adequate delivery instruction, we may store the Products at your risk for not more than 15 days after the scheduled delivery date. Thereafter, we are entitled to charge you a storage fee at 5% per week on the price of the Products as stated on the Invoice. If you fail to take delivery or give us any or any adequate delivery instruction within 30 days from the date of the invoice, the deposit paid to us on the Products ordered and the Products shall be forfeited upon expiry of the said 30 days without any further prior notice.

Warranty

21. We shall provide warranty of the Products pursuant to the terms and conditions of warranty set out at www.hermanmiller.hk

Intellectual Property

22. The specification and design of the products (including the copyright, design right and other intellectual property in the products) shall, as between the parties, belong to us. Nothing in the acknowledgement of order form and related documentation shall be construed as granting you any license to use any of our intellectual property rights without our prior written approval.

Risks and Title

23. The Products supplied by us to you shall be at your sole risks from the time of our delivery of the Products to your designated place.

24. Title of the Goods shall not be passed to you until we have received payment in full of the price of the Goods. Until such payment has been received, we have the right to repossess and resell the Goods.

Cancellation

25. No order can be cancelled or modified once accepted by us except being agreed in writing by us and on condition that you agree to pay all expenses incurred and damage sustained by us arising out of in connection with the cancellation or modification, plus a reasonable profit.

Force Majeure

26. We shall not be liable to you for the consequences of any failure on its part to perform or delay in performing its obligation due directly and directly to circumstances beyond the Seller’s control or force majeure which includes but not limited to any acts of God, wars, riots, strikes, trade disputes, fires, epidemics, civil commotions, delays in transport, government restrictions or any other cause of a like nature, outside the control of Seller.

27. If there is an event of force majeure, we shall notify you and delivery or other performance may be suspended for an appropriate period or cancelled by us upon notice to you.

Returns and Refunds

28. If you are not satisfied with the Product, please contact Customer Service at +852 9729 1767 or via e-mail.

29. The Products purchased under these Terms and Conditions directly from us may be returned by you up to 3 days of delivery. You must return the Products to us in their original or equivalent packaging. You are responsible for risk of loss, transportation and handling fees for returning or exchanging Product. If you fail to follow the return or exchange instructions, your request for return or exchange will not be accepted by us.

Entire Agreement

30. These Terms and Conditions contain the entire agreement between you and us, and supersede all prior discussions, agreements and undertakings.

31. These Terms and Conditions are subject to the laws and exclusive jurisdiction of Hong Kong SAR. If any provision in whole or part is held by court as invalid or unenforceable, validity of reminder of the provision in question and other provisions therein shall not be affected.