The following terms and conditions apply to your use of the Creator Studio platform and all orders placed by you as the customer (hereinafter referred to as ”You”) with H & M Hennes & Mauritz GBC AB (hereinafter referred to as “Creator Studio”, ”Us”, ”We” or "Our") on the Creator Studio platform mystudio.creatorstudio.com (hereinafter referred to as “Platform”). If you have received a merchandise link to purchase a specific product, section 2 and 3 of these terms and conditions do not apply to you.
Creator Studio operates in a print-on-demand model which means that all products offered for sale on the Platform will be printed on your request, upon your order placement.
By accepting these terms and conditions upon your account creation and/or an order, You agree to be bound by such terms and conditions (the ”Terms”). Please make sure You have read and understood the Terms before placing Your order.
Only persons of legal age, 18 years or older, who are not under guardianship, and are not acting in capacity as a company, with a delivery address in any of the markets We deliver to can place an order. Ordering from MyStudio as a private individual is currently limited to our main markets listed on site Creator Studio - Shipping, however currently excluding US and UK.
The inclusion of any products (such as but not limited to available unprinted products) or services on the Platform at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time and to cancel Your order due to technical issues or products becoming unavailable.
We reserve the right to amend these Terms from time to time without prior notice to You. The version of the Terms that will apply to Your order will be those accepted by You in the checkout. The Terms applicable to Your order are not saved by Us, so if you wish to revisit the Terms applicable for your purchase, please save your own copy.
2. your account
In order to use the Platform You must register an account with Us (the “Account)”. All information You provide on Your Account shall be complete, current and accurate at all times. You are responsible for keeping Your username and password confidential. Creator Studio will not be liable for any loss or damage resulting from Your failure to keep Your username and/or password confidential, and any loss or damage resulting from actions by third parties as a result of such failure.
We may temporarily or permanently ban You or remove Your account at any time for any reason.
Data that is generated by You signing up for an Account and using the Platform will be processed in accordance with the Privacy Notice.
3. your Content
You will provide Creator Studio with all content to be printed on or used on the products, such as designs, images, artwork, text or other graphical representations (“Content”). Your Content shall at all times comply with all applicable laws and regulations and the Content Policy. We reserve the right to remove your product and to cancel your product or order at any time for any reason.
By uploading Content you grant Creator Studio a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify, translate, reproduce, distribute, prepare derivative works of, display, combine with other materials, and perform the Content solely in connection with providing the services on the Platform and fulfilling your placed order. You may at any time remove Content by the tools provided on the Platform, or by contacting email@example.com.
By uploading Content you represent and warrant that you own the Content or otherwise have the right to grant the license set forth in this section 3, and that the uploading and use of the Content does not violate the privacy-, intellectual property-, contractual-, or any other rights of any natural or legal person.
4. prices and delivery charges
Within the European Union, the prices displayed in the checkout include the statutory consumption tax of the jurisdiction to which the order is to be delivered.
Outside of the European Union and depending on the jurisdiction, You may be required to handle statutory consumption tax as well as import duties and/or fees to pay upon receipt. Any shipping fees payable will be shown to You during the checkout process. Please note that You will bear any and all costs associated with importing the order to Your market.
5. ordering/conclusion of contract
In the checkout you will be able to choose between different payment options. You complete Your order by completing the relevant instructions in the chosen payment option's interface. By completing the order You are making a binding offer to purchase the products in the shopping cart.
We will send You an automatic confirmation of receipt by email. The automatic confirmation of receipt only documents that Your order has been received by Us and does not constitute acceptance of the offer. Depending on Your selected payment option, payment may be triggered, or the amount reserved on your account, at this point in time. The order is only concluded when the products are delivered or the declaration of acceptance is made by Us, which is sent in a separate e-mail (shipping confirmation email) at which point the reserved amount, depending on the payment option You chose, is captured.
If for any reason We are unable to fulfill Your order, We will let You know at the earliest opportunity. If We have already received payment for such order, We will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary We will notify You and ask You to contact Us via email to settle the refund.
We exercise the utmost diligence in accepting and processing orders and will attempt to deliver Your order in accordance with Your selected delivery option.
Before You place Your order, You will be informed of the expected delivery details. Once You have placed Your order You will receive an email confirmation with Your expected delivery details.
7. no right of withdrawal
The right of withdrawal and return does not apply to the order you make on this Store as the products are custom-made, tailored to you and is according to the specifications you have provided to us. This means that you do not have the right to withdraw or return your order, and that the purchase is final. However, for any defects, incorrect orders or faulty products, please follow the procedure set out in Section 8 (Faulty Products).
8. faulty products
If the item You receive is faulty, please notify Us at Your earliest convenience at firstname.lastname@example.org.
If We deem the item faulty, We will attempt to deliver a replacement for the faulty item. If a redelivery is not possible, You will be provided a full refund of the price of the product. We will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary We will notify You and ask You to contact Us via email to settle the refund.
9. payment methods
You can pay for Your products as set out below. Please note that the available payment options may vary per market. The payment options available to You are indicated in the checkout.
Credit card or Payment card
You can enter Your payment details at the time You place Your order using a valid credit or payment card (with a VISA or Mastercard). We, or Our payment service provider, reserves the right to check the validity of the credit/payment card and check for indications of fraudulent activity. These checks may include the credit/payment card’s credit status in relation to the order value and whether the address data of the purchaser is correct and/or matches the delivery address, and anti- fraud services. We may refuse orders depending on the result of these checks. Please note that applicable bank charges will be borne by You.
You will receive the receipt of the transaction in the confirmation email.
10. our liability
Nothing in these Terms shall exclude or limit Our liability regarding any matter for which it would be unlawful for Us to limit or exclude Our liability.
We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents. If We breach these Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
We are not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the products or to meet any of Our other obligations under these Terms where such failure is due to an event that is beyond Our reasonable control, i.e. force majeure.
Our maximum liability to You for any loss or damage arising in connection with Your order on the Store shall be limited to the total price of Your order, unless mandatory regulations states otherwise.
If You have a problem with a product that You have purchased, please contact Us at email@example.com to solve the matter.
If You were not able to settle the complaint with Us, we encourage You to reach out to your local consumer dispute resolution agency.
If You are an EU resident, You can submit Your complaint to the EU’s online dispute resolution platform (the “ODR platform”). The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single-entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform, the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr. Customers within the UK may file complaints to Consumer Arbitration. For further information or to submit your complaint to Consumer Arbitration please visit www.consumerarbitration.co.uk.
We make all reasonable efforts to accurately display the attributes of our products, including composition and colors. The color You see will depend on Your computer system, and We cannot guarantee that Your computer will accurately display such colors.
If there are defects in the products You have purchased, We abide by all statutory guarantee regulations. If You have a complaint regarding material or manufacturing faults in products that We have supplied, including damage incurred in transit, please let Us know by contacting Us via email.
We reserve the right to assign or pledge to third parties any claim(s) for payment which have arisen in connection with the delivery of products.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
We want to provide the best possible online experience. To make this possible We need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Store, or which impacts the security of the Store, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the Store. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these Terms.
15. ownership of rights
All intellectual property rights, such as trademarks, copyrights or other intellectual property rights on the Platform and for the unprinted products, remain with Us, Our affiliated companies within Our company group or licensors. Any use of the Platform or its contents, including copying or storing such content in whole or part, other than for Your own personal, non-commercial use, is prohibited without Our permission.
16. consumer relationship
If you intend to use the products created on the Platform for commercial reselling purposes, you need to apply for a business account.
Any products created with the use of the Platform or its contents, including copying or storing such content in whole or part, other than for Your own personal, non-commercial use, is prohibited without Our permission.
You are not entitled to use H&M’s, H&M Group’s or Creator Studio’s name or trademarks in the context of implying an existing business relationship or official collaboration in any external communication (e.g. social media references, or other) without prior written approval. Naturally, mentioning's of Our names and trademarks in any other context is allowed and encouraged, for example in relation purchased products or use of the Platform.
17. terms specific to US based customers.
Disclaimer of Warranty & Limitation of Liability:
Your use of the site is at your risk. the information, materials, content and services provided on or through the site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. with respect to our products, there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. the foregoing exclusions of implied warranties do not apply to the extent prohibited by law. please refer to your local laws for any such prohibitions.
We will not be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.
These Terms shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and H&M agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: H&M Hennes & Mauritz USA LP, Customer Service, P.O. Box 5571, Chicago, IL 60608-5571
Unless you indicate otherwise in your notice, H&M shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that H&M is unable to resolve the dispute with you through the Customer Service department referenced above, you and H&M both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
18. company information
H & M Hennes & Mauritz GBC AB is the merchant of sale and operates the brand Creator Studio.
Registered office: Mäster Samuelsgatan 46 A, 106 38 Stockholm, Sweden
Registered number: 556070-1715
VAT number: SE556151237601
For United States H&M Fashion USA Inc. is the merchant of sale.
Registered office: Lighting Way 300, NJ 07094, Secaucus. Suite 100. United states of America