Terms and Conditions

GENERAL TERMS AND CONDITIONS OF

hemisphere.de

Welcome to Hemisphere Cashmere!

1 Scope and Provider

These General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by Hemisphere Fashion Group GmbH (hereinafter referred to as the “Provider”) to you, in the version valid at the time of the order.
Any deviating terms and conditions of the customer are hereby rejected.
Please read these terms carefully before placing an order with Hemisphere Fashion Group GmbH. By placing an order with Hemisphere Fashion Group GmbH, you agree to the application of these terms of sale to your order.
On Hemisphere Cashmere, we offer the sale of the following products:
Cashmere fashion

2 Conclusion of Contract

Contracts on this portal can only be concluded in the German language.
The offers are directed exclusively at end customers with a billing and delivery address in:
Germany and Austria.
For certain bulky items, the possible delivery addresses and the place of delivery may be restricted; the restriction is indicated in the respective list price.
The customer must be at least 18 years old.
The presentation of goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to submit an offer.
Your order constitutes an offer to Hemisphere Cashmere to conclude a purchase agreement. The customer submits a binding offer when they complete the online ordering process by entering the required information and clicking the “buy” button in the final step of the order process.
The purchase contract between the Provider and the customer is only concluded upon declaration of acceptance by the Provider. This takes place at the earlier of the following two points in time: either dispatch of the goods or sending of a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute acceptance in the aforementioned sense.
The validity of contracts for quantities exceeding normal household quantities, as well as the commercial resale of the purchased goods, requires the Provider’s express confirmation. This applies both to the number of products ordered within a single order and to multiple orders of the same product where each individual order comprises a normal household quantity.
Your orders are stored by us after conclusion of the contract. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order data.
You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. Further information about electronic invoices is available on our website.

3 Prices and Shipping Costs

Our prices include the applicable statutory value-added tax and are exclusive of any flat-rate shipping fee or shipping surcharge. Shipping surcharges vary depending on the method of delivery and the nature of the item.
Despite our best efforts, a small number of products in our catalogue may be incorrectly priced. We verify prices when processing your order and before charging payment. If a product is listed at an incorrect price and the correct price is higher than the price stated on the website, we will contact you before dispatch to ask whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price stated by us, we will charge the lower amount and send you the product.
The prices valid at the time of the order shall apply. If list prices exist, the prices of the list price valid at the time of the order shall apply.

4 Delivery and Cancellation

Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Information on the availability of products sold by Hemisphere Cashmere can be found on the website (e.g. on the respective product detail page). Please note that all information regarding availability, shipment, or delivery of a product is merely expected information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates unless expressly designated as binding dates in the shipping options for the respective product.
If Hemisphere Cashmere determines during the processing of your order that products ordered by you are not available, you will be informed separately by email or by a message in your customer account. The customer’s statutory rights remain unaffected.
If delivery to the customer is not possible because the delivered goods do not fit through the customer’s entrance door, front door, or stairwell, or because the customer cannot be found at the delivery address provided by them despite the delivery date having been announced to the customer with reasonable notice, the customer shall bear the costs of the unsuccessful delivery.
Delivery takes place depending on the customer’s chosen method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring credit institution. In the case of payment via PayPal, credit card, gift card, direct debit, instant bank transfer, or invoice, delivery shall be made after conclusion of the contract.
If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract shall be concluded between us for the products listed in each respective shipping confirmation. The contractual partner is Hemisphere Fashion Group GmbH. Notwithstanding your right of withdrawal, you may cancel your order for a product free of charge at any time before the related shipping confirmation is sent.

5 Payment

The customer may pay for the goods using the following payment methods:
– PayPal
– Credit card
– Instant bank transfer
– Advance payment
Certain payment methods may be excluded by the Provider in individual cases.
The customer is not permitted to pay for the goods by sending cash or checks.
If the customer chooses an online payment method, the customer thereby authorizes the Provider to collect the due amounts at the time of the order.
If the Provider offers payment by advance payment and the customer chooses this payment method, the customer must transfer the invoice amount to the Provider’s account within five calendar days after receipt of the order. The Provider shall reserve the goods accordingly for five calendar days.
If the Provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the Provider to collect the due amounts after dispatch of the partial deliveries or goods deliveries.
If the Provider offers payment by direct debit and the customer chooses this payment method, the customer grants the Provider a SEPA Core Direct Debit Mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to insufficient funds or due to incorrectly transmitted bank details, the customer shall bear the resulting costs.
If the Provider offers payment by invoice in advance and the customer chooses this payment method, the customer undertakes to settle the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
If the customer defaults on payment, the Provider reserves the right to assert damages for default.

6 Set-Off and Right of Retention

The customer shall only have a right of set-off if the counterclaim has been legally established or is undisputed by the Provider.
The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

7 Retention of Title

Hemisphere Fashion Group GmbH retains title to the goods until full payment has been made.

8 Transport Damage

If the customer receives goods with obvious transport damage, the Provider requests that the customer report this as soon as possible.
If the customer fails to make such a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the Provider to assert its own claims against the carrier.

9 Warranty Rights

If the customer is a consumer, the warranty and liability for defects of the delivered purchased item shall be governed by the statutory provisions. Accordingly, customers in the European Union have, in addition to their 30-day return guarantee, warranty rights for a period of two years from delivery of the goods and may request repair or replacement of products purchased from Hemisphere Cashmere if these prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable period of time or without difficulty, you may request a refund or a reduction of the purchase price.
In the case of used goods, the warranty period may be shorter than two years.
If the customer is not a consumer, the defect shall be remedied by replacement delivery or subsequent performance.
If the customer is not a consumer, the limitation period shall be one year. This shall not apply to claims for damages and reimbursement of expenses arising from injury to life, body, or health or based on intent or gross negligence.

10 Limitation of Liability (Products)

The Provider shall be liable for claims for damages by the customer arising from injury to life, body, or health, or from the breach of essential contractual obligations, as well as for other damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents.
Essential contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract.
The Provider shall be liable for breaches of essential contractual obligations based on typical, foreseeable damage, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages by the customer arising from injury to life, body, or health.
The provisions of the German Product Liability Act remain unaffected.
Insofar as Hemisphere Cashmere’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.

11 Information on the Right of Withdrawal

If the customer is a consumer, they shall have a right of withdrawal in accordance with the following provisions:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods (or the last goods, partial shipment, or item in the case of a contract for multiple goods within one single order or for delivery of one good in several partial shipments or pieces), without giving any reason.

To exercise your right of withdrawal, you must inform us:

Hemisphere Fashion Group GmbH
Hompeschstr. 3
D – 81675 Munich
Phone: +49 (0)89 330071-0
Fax: +49 (0)89 330071-20
Email:

by means of a clear declaration (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the sample withdrawal form on our website for this purpose or submit another clear declaration to us. If you make use of this option, we will promptly send you confirmation of receipt of such withdrawal (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send the notification concerning the exercise of the right of withdrawal before the withdrawal period expires and to return the goods via our online returns center within the period defined below.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must send back or hand over the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal from this contract to:

Hemisphere Fashion Group GmbH
Hompeschstr. 3
D – 81675 Munich
Phone: +49 (0)89 330071-0
Fax: +49 (0)89 330071-20
Email:

The deadline is met if you dispatch the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods.

Exceptions to the Right of Withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling that was not necessary to examine the nature, characteristics, and functioning of the goods.

The right of withdrawal does not apply, or expires, in the case of the following contracts:

- for the supply of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery, or which, due to their nature, were inseparably mixed with other goods after delivery;
- for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery;
- for the supply of goods made to customer specifications or clearly tailored to personal needs;
- for the supply of goods which are liable to deteriorate quickly or whose expiration date would quickly be exceeded;
- for services, if Hemisphere Cashmere has fully performed them and you acknowledged before ordering and expressly agreed that we may begin providing the service and that you lose your right of withdrawal upon full performance of the contract;
- for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but which can only be delivered after 30 days and whose current value depends on market fluctuations beyond the trader’s control.

12 Exclusion of the Right of Withdrawal

The right of withdrawal does not exist for contracts:
- for the supply of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods which are liable to deteriorate quickly or whose expiration date would quickly be exceeded;
The right of withdrawal expires prematurely for contracts:
- for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
- for the supply of goods if they were inseparably mixed with other goods after delivery due to their nature;
- for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

13 Data Protection

Should personal data (e.g. name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have previously consented.
We point out that the transmission of data over the Internet (e.g. by email) may have security gaps. Therefore, flawless and uninterrupted protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.
Third parties are not entitled to use contact data for commercial activities unless the Provider has granted the persons concerned prior written consent.
You have the right at any time to obtain complete and free information from Hemisphere Cashmere about the data stored concerning you.
Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
Further details on data protection can be found in the separate privacy policy.

14 Cookies

In order to display the product offering, we may use cookies. Cookies are small text files that are stored locally in the cache of the website visitor’s internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
By using cookies, more user-friendly services can be provided to users of this website that would not be possible without the setting of cookies.
We point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session cookies. Session cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).
You may object to the storage of cookies; a banner is available for this purpose through which you may reject or accept them.
Of course, you can configure your browser so that no cookies are stored on your hard drive or so that cookies already stored are deleted. Instructions regarding the prevention and deletion of cookies can be found in your browser’s help function or from the software manufacturer.

15 Place of Jurisdiction and Applicable Law

For differences of opinion and disputes arising from or in connection with this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The sole place of jurisdiction for orders placed by merchants, legal entities under public law, or special funds under public law is the registered office of the Provider.

16 Final Provisions

The contract language is German.
We do not offer products or services for purchase by minors. Our products for children may only be purchased by adults. If you are under 18, you may use Hemisphere Cashmere only with the involvement of a parent or legal guardian.
If you breach these GTC and we take no action against it, we shall still be entitled to exercise our rights on any other occasion on which you breach these terms of sale.
We reserve the right to make changes to our website, policies, terms, and conditions, including these GTC, at any time. Your order shall be subject to the terms of sale, contract terms, and GTC in force at the time of your order, unless a change to these terms is required by law or by official order (in which case they shall also apply to orders you placed previously). If any provision of these terms of sale is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The invalidity of one provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced, according to its meaning and purpose, by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.