Terms and conditions
Customer notification and disclaimer of liability.
You, customer, will use all the products and vehicles sold on HEMIsphere Garage’s website at your own risk.
Do not use products and vehicles unless and until you the buyer have carefully read this customer notification and disclaimer of liability.
The installation of HEMIsphere Garage’s products on your vehicle or usage of vehicles sold by HEMIsphere Garage indicate that you have/had the opportunity to inquire about applicable local, state and federal laws and read and understand, and accept all of the terms of this disclaimer.
HEMIsphere Garage’s modified/custom products and modified vehicles are designed and intended solely for legally-organized and sanctioned, closed- course, off-road competition use and is not for use on public streets, roads or highways.
HEMIsphere Garage’s products and vehicles that are original are intended to be used on legal public road as long as they are validated by applicable local, state and federal laws.
HEMIsphere Garage shall not be responsible for the product’s proper installation, use and service. Rather, the buyer (or, if applicable, the dealer who installs the product) shall be solely responsible for the installation of the product and any damage that may be done to vehicle components as a result of modifications made by the buyer (or the dealer, as the case may be).
The buyer is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications, warnings and instructions and agrees to hold the seller harmless from any damage resulting from failure to adhere to such specifications, warnings and/ or instructions.
The buyer is also responsible to obey all applicable federal, state, and local laws when operating his/her vehicle, and the buyer agrees to hold seller harmless from any violation thereof.
Consult your vehicle warranty before using this product. Under no circumstances will the seller be liable for the voidance of the buyer’s vehicle warranty. Rather, the buyer assumes all risk and responsibility if an automotive manufacturer and/or dealer voids the buyer’s vehicle warranty due to use of this product.
Operate your vehicle at all times in a safe manner. In no case will the seller be held liable, and the buyer assumes all risk and responsibility, for any property damage, personal injury and/or death that may occur in the event the buyer operates the vehicle in an unsafe manner or violates the law.
The buyer hereby assumes all risks associated with the use of those products or vehicles and waives all liability claims against the seller of any kind or nature, including liability for penalties, fines, property damage, personal injury or death, to the fullest extent permitted by law. Additionally, buyer acknowledges and agrees that seller is not liable for and hereby excludes any and all indirect, incidental, special or consequential damages relating to the products and vehicles covered by this disclaimer.
1. Applicability
1.1 On all offers, orders and agreement from HEMIsphere Garage are, with exclusion of eventual other terms and conditions, these terms and conditions + warranty & returns + privacy policy applicable.
1.2 The acceptance of an offer and placing an order includes your acceptance of the applicability of these terms and conditions + warranty & returns + privacy policy.
1.3 All rights and claims, as in these terms and conditions + warranty & returns + privacy policy and any further agreements made with HEMIsphere Garage, are also stipulated for by HEMIsphere Garage intermediaries and other third parties.
2. Agreement
An agreement is only concluded after acceptance of your order by HEMIsphere Garage. HEMIsphere Garage is in power to refuse orders, and/or apply (extended) terms and conditions to this order, unless explicitly stated otherwise. In the case of a not accepted order, HEMIsphere Garage will inform you about this after the order has been received.
3. Prices/offers
3.1 All offers and prices from HEMIsphere Garage are non-binding and HEMIsphere Garage reserves the right to adjust his prices, especially, but not exclusively, where according to (legal) agreements.
3.2 All prices are listed in Swiss Francs (CHF), are Netto and excluding shipping and handling costs. Shipping and handling costs are separately discussed before the customer confirms the order.
4. Force majeure
May there be a case of force majeure and therefore delivery is not possible, HEMIsphere Garage has to inform the customer as soon as possible without the possibility for the customer to be entitled to any form of any compensation. Therefore, the customer is obliged to provide the correct contact information by an order.
HEMIsphere Garage can in case of force majeure (after contacting the customer) cancel the agreement or postpone the delivery, until the point of time where the force majeure stops to obstruct HEMIsphere Garage. The following cases can be considered as force majeure: late or qualitative unacceptable deliveries from one or more suppliers, obstructing (government) regulations, full or partial strikes or interference in the in- or external transportation process, riots and other disturbances that can extend the transportation process, virus pandemic, disturbances on the internet, email, computers and or phone/internet connections that orders placed online stagnate and or extreme weather conditions or other circumstances that contribute to an unreachable work location, or unusable work location.
5. Delivery
5.1 The delivery is always deemed to be made on behalf of HEMIsphere Garage, unless otherwise provised. The transport to the address of the beneficiary is on the beneficiary’s expense and risk.
5.2 The way of transport and method of carrying out the order is always chosen to the best possible solution. HEMIsphere Garage won’t be responsible for this choice.
5.3 Agreed delivery times are respected as much as possible, although if estimated delivery times are exceeded HEMIsphere Garage is not legally responsible and it does not qualify as a reason to cancel the order.
5.4 HEMIsphere Garage reserves the right to refuse to carry out orders in case of customers still having unpaid bills within the mentioned payment period.
5.5 HEMIsphere Garage is not liable in any case for any damage to the customer due to not supplying.
5.6 If your order is returned to sender as a result of not accepting the delivery or a failed delivery attempt by the delivery service, this does not entitle you to a new delivery. It also gives no right to delivery to a different address or to cancel your order.
5.7 Customer agrees that if the delivery service is unable to deliver the shipment due to absence of the recipient, HEMIsphere Garage won’t be responsible for the result of where the delivery will go.
5.8 Delivery delays do not give the customer the right to cancel the order or the right to a new delivery.
5.9 If the recepient is not at home, the delivery service can leave a written request to contact them for a new delivery appointment. If the recepient does not respond to this written request, the delivery service may decide to return the product to HEMIsphere Garage after a few days. This does not give the recipient and / or the buyer the right to a new delivery or to cancel the order.
5.10 The product can differ from the picture shown on our website. This does not entitle the customer to cancel the order or demand a new copy. HEMIsphere Garage will try his best to let the product resemble the product on the picture. To deviations no rights can be derived by the customer.
6. Payment
6.1 You can pay with the following methods on HEMIsphere Garage website:
Bank transfer
Paypal
Credit card by Stripe
6.2 In case HEMIsphere Garage sets payment period is exceeded by a customer, the customer is considered to be in a legal case and this entitles HEMIsphere Garage to charge the legal interest rate to the customer from the moment the customer is exceeding HEMIsphere Garage’s payment period.
6.3 All payments done have to be without any deduction or setoff.
6.4 In case of not, or delayed, paying the set amount from the customer to HEMIsphere Garage, the customer will pay every cost made, including non-legal as all legal costs involved for HEMIsphere Garage with collecting the set amount from the customer. This includes all (extra) administration costs and all collection costs.
6.5 All payments made by bank transfer will be done with all fees fully charged to the customer. HEMIsphere Garage will put orders in pending if payment by bank transfer is not transferred in full.
7. Property
All delivered products to the customer remain property of HEMIsphere Garage until the products are fully paid and delivered.
8. Complaints
8.1 The delivered products are supposed to meet the valid quality conditions, decided upon by HEMIsphere Garage.
8.2 Complaints regarding visible defects of the delivered products have to be immediately after, or within 24 hours of receiving, reported to HEMIsphere Garage via phone or email.
8.3 Complaints with regards to the quality have to be reported to HEMIsphere Garage within 4 days after delivery.
8.4 Complaints with regards to the delivery of the products have to be reported to HEMIsphere Garage within 48 hours after the original delivery date.
8.5 May there be defects to a part of the delivered goods, this does not entitle the customer to disapprove the complete delivery.
8.6 Complaints with regards to a particular delivery does not affect any prior or posterior delivery.
9. Cancellations
It is the customer’s responsibility to order the parts they need and not the ones they don't. We encourage you to talk to us first with questions before submitting your orders.
HEMIsphere Garage will not accept any order cancelations.
10. Personal data
10.1 Your data is needed to deal with your orders and your enquiries. We will not transmit your data to third parties.
10.2 HEMIsphere Garage is entitled to use all your data to send you non-committal offers, or information about products related to your previous order or enquiry. If you do not wish to receive this, HEMIsphere Garage has to be notified and will exclude you from any further promotions.
More informations are available under our Privacy Policy page.
11. Miscellaneous
11.1 In case one or more of these terms and conditions or any other contract/agreement with HEMIsphere Garage could be conflicting with any applicable law, the particular term or condition will expire and HEMIsphere Garage will set a new condition.
11.2 HEMIsphere Garage is entitled to make use of third parties for processing your order.
12. Warranty conditions
Please check our Warranty and return page.
13. Privacy Policy
Please check our Privacy Policy page.