Terms & Conditions
TABLE OF CONTENTS
- General Terms and Conditions of Use of the Website
- General Conditions of Sale
Welcome to www.villacashmere.com website (hereinafter the "Website").
The Website and its contents are designed, operated and administered by Villa Cashmere GmbH, a German company, with registered office at Wiesbadener Strasse 82, Idstein, D-65510, Germany, VAT No. DE284014195 (hereinafter "Villa Cashmere", “we”, “us”, “our”).
Purchases made through the Website by customers in Europe and UK are processed by Villa Cashmere, registered office at Wiesbadener Strasse 82, Idstein, D-65510, Germany.
2. User Age
The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
3. Registration and Subscription to the Services
You may register for, or subscribe to, our Services as available from time to time on the Website.
When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
If you registered for a Service requiring prior authentication (e.g. Account), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
4. Duration and Termination
Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
You may terminate your registration for, or subscription to, the Website at any time at your sole discretion without reason, by sending an e-mail to email@example.com. We will confirm to you the cancellation of your registration or subscription.
5. Electronic Services
Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
6. Intellectual property rights
The terms "Website" and "material" refer, respectively, by way of example, to the design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other material reproduced and / or made available through this Website ("Material").
All materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Villa Cashmere. All rights are reserved, worldwide.
All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Villa Cashmere in all the countries that the website is used. All domain names used on the Website and / or connected to it are owned or used with permission by Villa Cashmere.
This Website is solely for private, personal and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.
It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the material in this Website or related software, in whole and / or in part, in any form and / or manner, and for any purpose. If the downloading or the copying should be permitted by Villa Cashmere in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.
7. Submitted material
You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Villa Cashmere through this Website or by other means (the "Submitted Material") is not considered confidential. By submitting the Submitted Material you grant to Villa Cashmere a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
Villa Cashmere is not required or will not be required in the future to: (i) keep any Submitted Material confidential; (ii) pay compensation for any use of the Submitted Material or in connection to it; (iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Villa Cashmere to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
8. Links to other sites
This Website may contain links to other websites. Villa Cashmere has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Villa Cashmere of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Villa Cashmere.
9. Authenticity of products branded "Villa Cashmere"
The products branded "Villa Cashmere" promoted through the Website are made with the finest materials, as explicitly mentioned in the Product Description of each product.
10. Exclusion of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. VILLA CASHMERE PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
VILLA CASHMERE WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER VILLA CASHMERE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND VILLA CASHMERE MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. VILLA CASHMERE RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11. Limitation of liability
SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
AS THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Should such limitation of liability be contested and ascertained, the liability of Villa Cashmere is under any event void.
13. Governing Law
GENERAL CONDITIONS OF SALE
These general conditions of sale (“General Conditions”) apply to all distance sales of Villa Cashmere products (“Products” or “Product”) carried out through the www.villacashmere.com website (“Website”).
Distance selling of Products under these General Conditions is only available to consumers (“Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18. Purchases for commercial purposes by retailers, shop owners, and wholesale buyers (“Buyers” or “Buyer”), who purchase products to resell to the consumers, will be executed under separate Terms & Conditions that is applicable to such buyers.
Products offered on the website are available to selected countries in Europe and UK. Please refer to the Shipping Service for the list of countries that the products are available to be shipped.
The language used to enter any contract of sale through this Website is English.
Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions, as per Section 5.10 below, will be sent to the Client by Villa Cashmere. Contracts of sale executed with Clients will be archived by Villa Cashmere for the retention period required by applicable law.
The vendor is Villa Cashmere GmbH, with registered office at Weisbadener Strasse 82, Idstein Taunus, 65510 Germany, and UID-Nr.: DE284014195 (“Villa Cashmere”).
Information on Products (along with the relevant Product reference codes) and relevant prices are available on the Website
The Products available on the Website are a selection of items normally available in stores; however Villa Cashmere does not provide any warranty to the Client relating to the availability in the stores of the Products available on the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Product and their characteristics as mentioned on the Website.
Villa Cashmere reserves the right at any time to limit quantities and/or type of Products available on the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product; Villa Cashmere is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract. Execution of the contract is as set forth in Section 5 below.
In no case Villa Cashmere shall be liable for errors occurred due to failure of the Client’s connection to the Website.
The prices of the Products are indicated on the Website in EURO and do not include the applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form
Villa Cashmere regularly verifies that prices of the Products displayed on the Website are correct; however, Villa Cashmere cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Villa Cashmere shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Villa Cashmere will also offer the Client the opportunity to cancel the order.
The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Villa Cashmere.
To purchase a Product Client must (i) include the selected Product in the “Shopping Cart” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment modality, (iv) accept the General Conditions and (v) send the order proposal to Villa Cashmere through the Website.
Sending of the order constitutes a proposal to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the withdrawal right under Section 10). The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Product(s).
Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Cart”).
An order proposal may be refused by Villa Cashmere (provided that no consideration shall be due by the Client to Villa Cashmere, with the sole exception of those sums mentioned under Section 6 below, if any) within 30 days at its sole discretion, including in case of -
(i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or
(ii) a reported, or suspected, fraudulent or illegal activities;
(iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Villa Cashmere.
The contract between Villa Cashmere and the Client is executed upon receipt by the Client of the acceptance by Villa Cashmere of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Villa Cashmere shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation").
In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised and customised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms and a copy of these General Conditions.
The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.
Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by credit card, bank transfer or the accepted form of payment as noted on the Order Form on the website.
The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorisation to debit the card has been received from the issuer of the card used by the Client, and
(iii) the availability of the Product has been confirmed by Villa Cashmere.
No debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. In case the order is cancelled, the temporary charge (if any) will also be cancelled.
Villa Cashmere also accepts payments made by bank transfer. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.
In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Villa Cashmere's bank account, in case of bank transfer) within the due deadline (see point 6.4 above), the contract will not be executed and the order will be cancelled.
Products shall be delivered to the address indicated by the Client in the order proposal. The signature of the Client (or of a nominated representative) will be required at the time of delivery. Villa Cashmere shall not deliver to PO Boxes.
In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by Villa Cashmere.
For each order, Villa Cashmere shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
The purchased Product shall be delivered by a courier service selected by Villa Cashmere (hereinafter, “Courier”); the purchased Products will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays) within 30 (thirty) days from the date of the Order Confirmation (except that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term, the Client, by sending an e-mail to the e-mail address firstname.lastname@example.org may provide Villa Cashmere with a further 7 (seven) days term (or such additional period of time – if any - as may be required by the relevant applicable law, or reasonable in the circumstances) to deliver the Product, provided that, in case of failure to comply with such term, the Client shall be entitled to repudiate the Contract and Villa Cashmere shall, without undue delay, reimburse all sums paid under the Contract.
At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.
Villa Cashmere shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
Products purchased from the Website are delivered with the same Villa Cashmere standard packaging as provided in Villa Cashmere stores.
The Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Product) obtains the physical possession of the Product.
To exercise the right of withdrawal, the Client shall, within the term mentioned under previous Section 10.1, send by email, or by ordinary mail
- the withdrawal form (as enclosed in Exhibit A of this document), duly filled in and undersigned; or
- a communication of his/her intention to exercise the right of withdrawal; such communication shall include the following information: (i) indication of the Product for which the Client wishes to exercise the right of withdrawal; (ii) order number; and (iii) in the event that the Client purchased the Products by bank transfer, the Client’s IBAN code to which the reimbursement is to be made;
Within 14 (fourteen) days from the communication of withdrawal (sent pursuant to previous Section 10.2) the Client shall return the purchased Product to Villa Cashmere at Villa Cashmere, Weisbadener Strasse 82, Idstein Taunus, 65510 Germany, via an appropriate method commensurate to the value of the products. The Client shall support the costs related to the returning of the Product to Villa Cashmere. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods: therefore, the Client shall not remove any label(s) and/or original tags attached to the Product.
Villa Cashmere shall reimburse all payments received from the Client, including the possible reasonable costs of delivery without undue delay and in any event not later than 14 (fourteen) days from the day on which Villa Cashmere is informed of the Client’s decision to withdraw from the contract in accordance with this Section 10. Reimbursement shall be executed by Villa Cashmere using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.
Villa Cashmere is entitled to withhold the reimbursement until Villa Cashmere has received the Product back, or until the Client has supplied evidence of having sent back the Product, whichever is the earliest.
Products purchased through the Website can only be returned directly to Villa Cashmere via mail, within the term indicated under Section 10.1. The Products shall not be returned to any other location except as mentioned in Section 10.3. The reimbursement will follow the procedure under Section 10.3 and 10.4.
Once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in this Section 10.
The right of withdrawal does not apply to orders for personalised Products, such as, for example, those with the Client’s initials and/ or labels on the Product. Further, the right of withdrawal does not apply to orders that are custom-made for consumer, for example, the Products that are manufactured on consumer’s request.12. Replacement of Products
Without prejudice to the Client rights according to Sections 10 and 13, Villa Cashmere allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:
(I) Once the Product is received; the Client shall promptly contact Villa Cashmere by email at email@example.com ;
(II) Client shall fill in the form which will be provided via post or email after contacting Villa Cashmere, clearly indicating the code and the size of the new Product that the Client wishes to receive (such codes and sizes being indicated on the Website);
(III) no later than 14 (fourteen) days from the date of delivery of the Product, the Product to be replaced must be returned by the Client to Villa Cashmere in its original conditions as when delivered, along with the labels and original tags attached to the Products and the form indicated under point 12.1 (II) above. Delivery costs for returning the Product shall be borne by the Client;
(IV) the amount paid by the Client shall be reimbursed by Villa Cashmere, through the payment system used by the Client for the purchase, within 14 (fourteen) days after the returned Product has been delivered to Villa Cashmere;
(V) the replacement will be accepted by Villa Cashmere subject to the availability of the new Product requested.
The replacement will be processed by Villa Cashmere as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order.
If a Product sold by Villa Cashmere has manufacturing defects or in any case of alleged lack of conformity of Products sold by Villa Cashmere, the Client must contact Online Support by email to, or by ordinary mail to the following address:
Mail to: Villa Cashmere
Weisbadener Strasse 82
Email to: firstname.lastname@example.org
The Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Products, or the contract cancelled.
In the event that the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Villa Cashmere, as well as any costs related to the delivery to the Client of the repaired or replacing Product.
Lack of conformity does not constitute products with minor, technically unavoidable deviations of quality, colour, measurements, weight, or design and will be excluded from objections.
Villa Cashmere guarantees the authenticity of all Products purchased on the Website. Products bearing the Villa Cashmere brands are produced with materials as explicitly mentioned in the Product description.
The “Villa Cashmere” trademark and related marks present in the Product, the content, material and more generally all the intellectual property rights relating to the Products, that is made available through this website, are and remain the exclusive property of Villa Cashmere. You are only permitted to use this material in accordance with the explicit approval that has been granted by us. This provision, however, shall not prevent you from using this website to the necessary extent in order to copy information about your orders or contact details.
15.1.These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by, and will be interpreted in accordance with German laws and construed in accordance with the exclusion of the provisions of international private law and the CISG.
For further information and assistance with the Website or on the methods of purchase online, the Client may contact Villa Cashmere at one of the following contacts:
Via Mail: Villa Cashmere
Weisbadener Strasse 82
Via Phone: +49 6126 5058158
Via Email: email@example.com
|Complete and return this form only if you wish to withdraw from contract.|
|[here the trader’s name, address and, where available, fax number and e-mail address are to be inserted by the trader]:|
|I/We* hereby give notice that I/we* withdraw from my/our * contract of sale of the following goods for the provision of the following service.|
|Ordered on/ received on(*):|
|Name of consumer(s):|
|Address of consumer(s):|
|Signature of consumer(s):|
|(only if this form is notified on paper)|
|* Delete as appropriate|