Terms and Conditions
Last updated: January 24th, 2020
Please read these Terms and Conditions ("Terms",) carefully before using the https://www.himmelsports.com website ("Site") operated by Himmel Sport Cycling Apparel Limited ("Himmel", "us", "we", or "our").
By accessing or using the Site you agree to be bound by the following Terms. If you disagree with any part of the Terms then you may not access our Site.
Your access to and use of our Site is conditioned on your acceptance of and compliance with all Terms and Conditions. The Terms and Conditions are applicable to all visitors, users and others who access or use the Site.
You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
1. Company Information
Himmel is a trademark of Himmel Sport Cycling Apparel Limited.
You will need to register to be able to access some services on the https://www.himmelsports.com. When you register your details online, you are required to make sure all provided information is correct, complete, current and a true representation of your personal details.
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site. We reserve the right to refuse or cancel your purchase order at any time for certain reasons including.
You also have the responsibility to safeguard your personal information via your online account and for maintaining your password secret, while our Site is committed to maintaining the security of information relating to both personal information and payment details.
You agree not to disclose your password of our Site to any third party. You agree to be fully responsible for activities that relate to your account or password. You should notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Terms and Conditions together with all our policies and/or procedures will be governed by and construed in accordance to the relevant Chines law, regulations and the relevant courts of the China.
3. Products and Services
We invite you to check carefully products’ details before making orders. All products we offered are described in detail on our Site. Himmel always do the best to describe and present, as accurately as possible, the items and their characteristics through photographs and detailed texts.
Unfortunately we cannot guarantee that colors and details in the images on the website are 100% accurate. Small differences may occur due to Internet browsers or monitors used: images can be resized to fit the screen or because of photographic techniques employed.
Himmel would continuously review the product lineups and services in order to provide you what we consider the best product at the right price, which is why we reserve the right to modify at any time without notice, products specifications, pricing, packaging and any associated services. Products are subject to change without prior notice.
The photographs and texts are by way of example, and may be dissimilar from the products or change without notice. Consequently Himmel would not be held responsible for any errors resulting from these illustrative images or text.
We also would not be held responsible in any case for breach of the in case of absence or unavailability of the product, force major failure, interruption, or total or partial strike of postal services and/or transport and/or telecommunications.
The products sold are subject to the Terms and Conditions set forth in the contract and posted on the Site at the time of order. The purchase of products implies full and unreserved acceptance of the present general conditions of sale which shall remain valid and effective until they are modified and/or supplemented by Himmel. Any change and/or addition will be effective from the date on which it will be posted on our Site, and it will be applied to sales made from that date.
The contract is concluded and binding on the parties when Himmel shall send the order confirmation to the email address of the Customer, designated by his or her registration on our Site or through the contact page.
The Customer acknowledges and accepts that the information on the Site concerning its availability for the shipment of the Products are not updated in real time, also in view of possible simultaneous access to the Site of more Customers, and therefore the actual availability of individual products can vary during the same day than reported on the website.
In the purchase process via email communication, you may be asked to supply the personal and payment information relevant to your Purchase including, but not limited to, your credit card number, the expiration date of your credit card, billing & shipping address and other information.
Himmel strongly advise you to exercise caution and do your own due diligence in conducting any transactions through our Site. The Customer must verify with the bank that the card issuer has enabled online shopping, and made sure to enter all details accurately.
As part of the online transaction, we will perform a fraud credit check via our payment provider CyberSource. By submitting a payment through the Site, you are granting permission for us to carry out such checks via CyberSource as required.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Orders on the Site are subject to the required stock availability. Items requested by the Contact Form on the Site will not be reserved for you before the Order Confirmation Email, and are available for sale to other Customers browsing the online store and sending a purchase order at the same time.
When you have finalized your order via sending a purchase order for any product on the website’s Contact Page, and receive our confirmation email, stock will be reserved for your purchase. However, sales will not be confirmed until the order dispatches from the warehouse, and payment is successfully taken.
Stock availability is subject to availability at our “one and only one” warehouse in China and your location. We are unable to offer Customers stock outside of the delivery-address service area. The purchase order may be canceled for product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Himmel process all items and orders in US Dollars (USD) only, we are unable to offer alternative currency pricing to any Customer. Prices are subject to change without prior notice.
Payments are currently accepted international credit and debit card. All pricing is shown exclusive of tax, which ensures that all of our Customers are charged the same final price, regardless of where they live. Sales tax may be added at the checkout, once the delivery address has been confirmed.
All total prices for goods displayed on the checkout page represent the total price payable by the Customer for those items, regardless of the address for delivery. Customers will pay the same price for the item as a Customer placing an order. Other components of the total price at the checkout, including delivery charge, may vary for each Customer.
Import duties and taxes may be applied by your local authority. It is a legal requirement that we declare the full transaction value of the contents of all packages. Local import duties and taxes are levied by the carrier on behalf of the local customs authority.
6. Sale Pricing Adjustments
From time to time, Himmel may run discounted pricing on specific items as part of a sale or promotion. Discount codes cannot be combined with any other promotion unless otherwise specified.
Himmel is willing to compensate the difference in price between the amount paid and the discounted price, in the form of a voucher, if the item was purchased at full price within 14 days of the commencement of the specific discount.
Please note that we are not able to offer any refund or voucher if the same item (i.e. color/size) is not in stock at the warehouse, as seen on Himmel at the time of the request, or if the item was originally purchased at a discounted sale price, or if we have already provided a price match on the order.
7. Payment & Order Acceptance
The amount of the fee shall be paid at the time of order. Your payment and order will only be deemed as final when final payment is taken on dispatch of your goods.
Himmel will process your payments securely via payment services provider, and all payment details will be encrypted. All stored card details will be stored securely on payment services providers’ secure servers.
Following payment methods are accepted on our Site:
By submitting your order on our Site, you are confirming that the credit/debit card is yours or that you have authority from the cardholder to make the payment. Payments are subject to fraud credit and other checks by the payment services provider (e.g. card issuer).
You represent and warrant that:
A. You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and B. The information you supply to us is true, correct and complete.
We reserve the right to refuse any payments or cancel orders at our own discretion.
8. Gift Vouchers and E-Vouchers
Vouchers can be redeemed to purchase Himmel products only online, at www.himmelsports.com.
Vouchers can be redeemed in part, with the remaining balance left on the Voucher Code.
All vouchers (Gift vouchers and E-vouchers) are single use, and are valid for twelve months. Vouchers must be redeemed within twelve months of purchase and any unused balance will not be refunded or credited after such time.
If an order value is greater than the value of the Voucher, the difference must be paid by selected payment method (e.g. credit/debit card, PayPal).
Vouchers cannot be used in conjunction with any other discount or voucher code. Gift vouchers and E-vouchers (“Vouchers”) cannot be bought using discount or promotional codes, and cannot be purchased with another Voucher.
We are unable to replace vouchers if they are lost, stolen or damaged.
The delivery of the items is made by the courier to the shipping address provided by the Customer at the time of the order. All information required for delivery must be completed accurately. Himmel is not responsible for failure to deliver due to incorrect delivery address or phone number. All additional costs resulting from complications in delivery or non-delivery will be charged to the Customer.
Upon delivery, the property and the risk relating to the handling of the items shall pass to the Customer.
If merchandise is refused during the delivery phase, the package will return back to us and we will issue the refund of the whole order at net of eventual duties and other additional costs.
Please refer to Shipping Policy for more information at Shipping Page.
10. Returns & Exchanges
If you are not completely satisfied with your purchase for any reason, please contact us at firstname.lastname@example.org and return those items within 30 days of receipt. We will be able to issue a replacement or refund where appropriate.
You enjoy the right to terminate the contract and refund on the purchased products and obtain a refund incurred within 30 days of receipt of the product.
The goods for replacement or refund must be returned in unwashed, unworn, re-sellable condition with all original tags and in original packaging. Items must be without any scuffs, scratches, stains or hair and with all tags on.
We can only accept purchases made directly from www.himmel.com for return. For a Himmel product purchased via a 3rd party retailer, please contact directly to the place of purchase to arrange your returns. Proof of purchase is required for all returns or refunds.
Customized items cannot be refunded or exchanged once an order has been placed. It is the Customer’s responsibility to ensure that all details entered for Customized products are entered.
Free return policy excludes sale items, full price items only.
Any non-faulty items received may result in your product be sent back to you and not processed for replaced or refunded. All underwear must be returned unworn. We reserve the right to refuse any returned underwear garments which we believe to be worn.
We reserve the right to refuse refunds for returned items.
Himmel is unable to refund postage on returned items. Refunds are issued at the net of a return fee to cover return shipping costs. Refund will be issued within 30 days from the date of the delivery of the returned product(s).
Refunds are issued on the same payment method used for the purchase. In case the Customer did not follow the instructions of return, refund is issued at the net of eventual duties, taxes, additional postage fee.
We want to ensure you are pleased with the product and size that you have bought. However, we can only exchange your product for the same product in a different size or color. If you would like to exchange for a different product, please return the item for a refund and then place a new order.
If the substitution of a product of the same quality and title is not possible (for example, due to the unavailability of it), Himmel will refund the Customer the amount paid for the product.
Please ensure all returned items are well packaged. We cannot take responsibility for items damaged or lost in the return transit.
Himmel will not accept any customs charges incurred when returning items. All packages must be marked “Goods return under warranty” for customs purposes.
To initiate a return, simply visit our Site’s Contact Page.
11. Intellectual Property Rights
The Original products, services, contents, features and functionality are and will remain the exclusive property of Himmel Sport Cycling Apparel Limited.
Usage of the Site grants you no rights to any copyright or intellectual property rights relating to the content of the Site. All copyright of Himmel’s Site are protected under Chinese law and regulatory authorities.
Any Site content can only be reproduced or distributed with express permission from Himmel Sport Cycling Apparel Limited. Our trademarks, logos, distinguishing marks, and trade dress may not be used in connection with any product or service without the prior written consent of Himmel Sport Cycling Apparel Limited.
Customers will receive newsletters produced by Himmel if registered, which containing updates on products, services and promotions.
Customers may exercise their right that to refuse to grant the use of their data when registering on the our Site or on subsequent occasions-using the link at the bottom of the e-mails, or by sending a communication to the following email address: email@example.com.
The right may be exercised without the express consent of the Customers themselves, provided that they have refused to.
14. Third Party Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Himmel Sport Cycling Apparel Limited.
Himmel has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
You further acknowledge and agree that Himmel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the Terms and Conditions and privacy policies of any third-party websites or services that you visit.
15. Customer’s obligations
Customer represents and warrants to be aged and the data supplied by the same for the execution of the contract are true and correct. The Customer agrees to provide correct, true and complete information including: demographic details, personal details, and other useful information for the order.
Customer will pay the price of products purchased and keep a copy of the purchase order confirmation sent to the email address provided by the Customer during the registration to the Site or via the Contact Page.
As a condition of your access to and use of the Site, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Site or your breach of these Terms and any applicable law or the rights of another person or party.
We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under this Terms and Condition.
Each of the paragraphs of these Terms operates separately. No other person shall have any rights to enforce any of its Terms.
If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Terms are governed by Chinese law and regulations.
We are constantly updating our offerings of products and services on the Site. The products or services available on our Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on our Site or the advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
17. Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Site. Your use of the Site is at your sole risk.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of Terms or in tort, even if it has been previously advised of the possibility of such damage.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Site or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes we may make to these Terms and Conditions in the future will be posted on this page and, where appropriate, notified to you by e-mail.
It is your sole responsibility to check back regularly to see any changes and/or updates to this Terms and Conditions.
If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Site. Your continued use of the Site will be deemed as your acceptance thereof.
If you have any questions about this Terms and Conditions, please contact us. Our contact details are set out under the Contact page of the Site.
20. Customer Service
For technical issues and/or administrative assistance, please contact our Customer service: firstname.lastname@example.org, and you can order any products through this email address.
21. Governing Law And Jurisdiction
These Terms and Conditions are governed by the law in China, without regard to is conflict of law provisions. You and we agree to submit to the non-exclusive jurisdiction of the Chinese courts in respect of any matter arising hereunder.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the services on our Site.
Himmel Sport Cycling Apparel Limited