GENERAL TERMS AND CONDITIONS (GTC)

Table

  1. General/scope
  2. Registration
  3. Making up of the contract
  4. Prices
  5. Pick-up at the head office
  6. Delivery, shipping costs
  7. Warranty and services
  8. Retention of title, withdrawal from the contract
  9. Contract duration and termination of contract in the case of subscription contracts
  10. Due date and payment
  11. Revocation
  12. Addresses
  13. Privacy, Copyright, Trademark Rights

As of March 1, 2019


1. General/scope

For the business relations between SNOW PEARL GmbH (hereinafter: SNOW PEARL) and consumers or companies (hereinafter "Customer" or "Customer") the following General Terms and Conditions (GTC) apply in the currently available and valid version with regard to the goods displayed by SNOW PEARL in the online shop when the website is accessed or when ordering goods.

The deliveries, services and offers of SNOW PEARL are made exclusively based on these General Terms and Conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again.

From time to time, the terms of use of the website, the data protection declaration or these terms and conditions of the online shop are amended, supplemented or amended. With each new visit or visit to the website, the current, retrievable versions apply. Please visit this page regularly to see the current regulations. If you do not agree with the amended terms, we ask you to delete your user profile if you have created one. Without unsubscribing, your user profile will continue after it comes into effect, applying the amended terms.

Deviations from these terms and conditions are only effective by confirming SNOW PEARL in writing. The current and binding version of the General Terms and Conditions will be published under www.snow-pearl.com. Should any provision of these General Terms and Conditions of Sale and Delivery prove to be ineffective in whole or in part, the Parties shall replace this provision with a new agreement as close as possible to their legal and economic success.


2. Registration

Every order for goods requires registration as a customer or opening a user profile with SNOW PEARL. Multiple registration under different names or addresses is not permitted.

The approval can be revoked by SNOW PEARL at any time and without giving reasons. In this case, SNOW PEARL is entitled to immediately block and delete the username and password.


3. Making up of the contract

The presentation of the product range of SNOW PEARL in the online shop does not constitute an offer to conclude a purchase contract with the customer. It is non-binding. By placing an order with SNOW PEARL via the Internet (online shop), e-mail, telephone, fax or other means of communication and at the same time acknowledging these GTC, the customer makes a binding offer to conclude a purchase contract with SNOW PEARL. The customer receives a confirmation of receipt of the order ("order confirmation"). This confirmation does not constitute acceptance of the offer but is only intended to inform the customer that the order has been received by SNOW PEARL. SNOW PEARL will inform the customer separately if necessary, for possible errors in the information on the assortment on the website.

The contract with SNOW PEARL is concluded if SNOW PEARL expressly accepts this offer ("Order Confirmation") or when SNOW PEARL sends the ordered product to the customer. Any order to be delivered is subject to payment receipt and availability at SNOW PEARL.

Should it become apparent after conclusion of the contract that the ordered goods cannot be delivered either partially or in whole, SNOW PEARL is entitled to withdraw from the contract in whole or in part. Changes and/or cancellations of orders require the written consent of SNOW PEARL. Expenses and costs caused by change or cancellation by customers shall be borne by the customer


4. Prices

For the purchase and ordering of goods and services, the prices stated at the time of purchase and order apply. Price changes are reserved.

All prices in Swiss francs are valid only within Switzerland and the Principality of Liechtenstein. The time of the order applies to the price setting. Prices for products become binding on both sides on www.snow-pearl.com in accordance with clause 3 at the time of ordering. Updating the Internet pages to www.snow-pearl.com invalidates all previous prices and other information about goods.

Price fluctuations are possible. The relevant is the one at the time of submission of the offer. The corresponding local VAT is charged additionally and separately. All prices include, where applicable, the early recycling fee (VRG).

Any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the ordering process (see also clause 6). We reserve the right to make technical changes, errors and printing errors. SNOW PEARL may make price changes at any time without prior notice. Sales prices do not include consulting and support services.


5. Pick-up at the registered office

After prior telephone registration, it is possible to collect the goods by appointment at an agreed registered office of SNOW PEARL. Upon collection of the goods, the contract with SNOW PEARL is concluded if SNOW PEARL expressly accepts the offer ("Order Confirmation") or by Handing over the ordered product to the customer.


6. Delivery, shipping costs

The indication of a delivery date is made to the best of our knowledge, but without guarantee. The delivery takes place only after receipt of payment to an account of SNOW PEARL with prepayment. Depending on the duration of the payment processing, items may therefore no longer be in stock; this does not give rise to any liability due to delay in delivery or inability to deliver. From receipt of payment, the delivery times specified in the product in the online shop begin to run.

The delivery of the ordered products takes place according to the seller's specifications in the order confirmation. The delivery costs shall be borne by the customer and will be charged additionally. For orders within Switzerland and the Principality of Liechtenstein, at least CHF 7.00 shipping costs will be charged depending on the weight. Postage-free are partial deliveries due to storage arrears.

For deliveries abroad, other shipping costs apply. The delivery takes place directly to the delivery address and contact person announced by the customer. Exceeding the delivery date does not entitle the customer to withdraw from the contract or to claim damages. The delivery time within Switzerland is usually up to 5 working days. If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, if you have an e-mail address.

In the event of final unavailability of the ordered items, the payments made will be refunded. SNOW PEARL is not liable for delivery delays caused by manufacturers or third parties.

Force majeure (war, strike, fire, import bans, tariff increases, import restrictions, etc.) gives both parties the right to cancel the contract, provided that the situation is based on a hindrance beyond the parties' sphere of influence and could not reasonably be expected to know the ground of impediment at the conclusion of the contract or to avoid or overcome its consequences.


7. Warranty and services

There is no right of return for items and products purchased from SNOW PEARL. Exchange is excluded. All complaints must be made within 10 calendar days from the receipt of the goods, otherwise the goods are deemed to be free of defects and approved.

The seller delivers the goods in perfect quality. Minor external deviations in strength, color, size and weight do not constitute a defect. The delivered products may differ slightly from the illustrations. This is not a shortcoming. SNOW PEARL is entitled to make a replacement delivery instead of the defective goods.

In the event of failure of the replacement delivery, the customer may demand the cancellation of the purchase. The claim expires if the customer does not notify SNOW PEARL of the defect or incorrect delivery within 10 days of receipt of the goods by e-mail to info@snow-pearl.com.

The liability of SNOW PEARL is in any case limited to the amount of the invoiced, defective goods. Other claims of the customer regardless of the legal basis are excluded. SNOW PEARL, its auxiliaries and any vicarious agents are not liable for damages that have not arisen on the goods themselves, in particular not for consequential damages, loss of profit, unrealized savings, other financial losses of the customer as well as damages resulting from delay in delivery.

Furthermore, SNOW PEARL is not liable for damages caused by one of the following causes:

  • improper, non-contractual or unlawful storage, discontinuation or use of the products;
  • Use of incompatible spare parts or accessories (e.g. power supply);
  • failure to maintain and/or improperly modify or repair the products by the customer or a third party;
  • force majeure, elemental, moisture, fall and impact damage, etc., which are not attributable to SNOW PEARL.

If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the forwarding agent/package service provider without prejudice to his warranty rights and refuse to accept them. Hidden defects must be reported to the forwarding agent/parcel service provider (e.g. responsible post office) within 24 hours (1 working day) after receipt of the goods. The customer is obliged to have a confirmation of claim from the parcel delivery company (e.g. postal employee) handed over. All transport damage must also be reported to SNOW PEARL immediately.

Orders are registered. A special warranty certificate is not required. SNOW PEARL requires the return of the defective or replaced goods and the copy of the proof of purchase. Further claims are excluded.

The warranty does not cover normal wear and tear as well as the consequences of improper treatment or damage by the customer or third parties as well as defects due to external circumstances. The warranty obligation expires in the case of repairs by service points not authorized by SNOW PEARL.

What to do in case of damage?
Send a complaint to info@snow-pearl.com and wait for further instructions. When submitting the defective item, it is essential to include the proof of purchase (invoice). Any postage costs incurred shall be borne by the customer.


8. Retention of title, withdrawal from the contract

All delivered goods remain the property of SNOW PEARL until full payment has been made. If the customer is in breach of the contract, in particular if the customer does not fulfil his payment obligation despite a reminder from SNOW PEARL, SNOW PEARL may withdraw from the contract after a prior reasonable period of time and demand the return of the goods still in his possession. Snow PEARL withdraws the goods or has been attachment. The shipping costs incurred are borne by the buyer. SNOW PEARL is authorized to use the goods after receipt of the goods. SNOW PEARL reserves the right not to enter a contract in the event of a negative result of a credit check.


9. Contract duration and termination of contract in the case of subscription contracts

Subscription contracts are concluded for an unlimited period, but at least for the minimum term shown in the respective product description in the SNOW PEARL online shop. The subscription contract may be terminated at any time during the minimum term at the end of the minimum term and after the expiry of the minimum term with a notice period of 30 days in writing or by fax/email to addresses specified in clause 12.


10. Due date and payment

SNOW PEARL only accepts the payment methods displayed to the customer (in the online shop) during the ordering process. SNOW PEARL reserves the right to specify in writing with its customers a different payment method than mentioned in this section.

Orders will be charged to the customer immediately. SNOW PEARL prepayment (online banking, bank/or postal transfer, etc.), credit card (Visa, Mastercard, American Express), PayPal and invoice are accepted as payment methods. The data when payment is made via credit and debit cards is transmitted in encrypted form. When purchasing in advance, the invoice must be paid immediately. Otherwise, the order can be cancelled by SNOW PEARL. All prices quoted are final prices, which include the statutory value added tax and the early recycling fee for electric or sonic toothbrushes.


11. Revocation

There is no right of return for items and products purchased from SNOW PEARL. Exchange is excluded.


12. Addresses

SNOW PEARL Ltd.
In der Bettlen 6
CH-8127 Forch
info@snow-pearl.com
www.snow-pearl.com


13. Data protection

The data protection declaration under the Data Protection Declaration is an integral part of these GENERAL Terms and Conditions. By accepting these terms and conditions, the customer also agrees to the data protection declaration. All trademark, image and copyright are the property of SNOW PEARL. The downloading, saving, copying or printing of data, images and PDF files, even in part, requires the written permission of SNOW PEARL. All rights reserved. Any further use by the customer for purposes other than the purpose of the product is not permitted.

SNOW PEARL indemnifies the customer that the data collected in the context of the conclusion of the contract will be collected, processed and used to fulfil the obligations under the sales contract, as well as can be used for marketing purposes. The data required to fulfil the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.


14. Applicable law and place of jurisdiction

In the event of a dispute, only substantive Swiss law is applicable to the exclusion of conflict-of-law norms. The Vienna Sales Law is explicitly excluded. The place of jurisdiction for natural persons is Zurich or at the customer's domicile. For legal entities, Zurich is the place of jurisdiction.

Should individual provisions of these General Terms and Conditions, including this provision, be completely or partially ineffective, or if the conditions contain a gap, the validity of the remaining parts remains unaffected. Instead of the invalid or missing provisions, the respective statutory provisions or, if not in place, provisions that correspond to the meaning of the invalid provisions.

 

 

WITHDRAWAL

There is no right of return for items and products purchased from SNOW PEARL. Exchange is excluded. All complaints must be made within 10 calendar days from the receipt of the goods, otherwise the goods are deemed to be free of defects and approved.

The seller delivers the goods in perfect quality. Minor external deviations in strength, color, size and weight do not constitute a defect. The delivered products may differ slightly from the illustrations. This is not a shortcoming. SNOW PEARL is entitled to make a replacement delivery instead of the defective goods.

In the event of failure of the replacement delivery, the customer may demand the cancellation of the purchase. The claim expires if the customer does not notify SNOW PEARL of the defect or incorrect delivery within 10 days of receipt of the goods by e-mail to info@snow-pearl.com.

The liability of SNOW PEARL is in any case limited to the amount of the invoiced, defective goods. Other claims of the customer regardless of the legal basis are excluded. SNOW PEARL, its auxiliaries and any vicarious agents are not liable for damages that have not arisen on the goods themselves, in particular not for consequential damages, loss of profit, unrealized savings, other financial losses of the customer as well as damages resulting from delay in delivery.

Furthermore, SNOW PEARL is not liable for damages caused by one of the following causes:

  • improper, non-contractual or unlawful storage, discontinuation or use of the products;
  • Use of incompatible spare parts or accessories (e.g. power supply);
  • failure to maintain and/or improperly modify or repair the products by the customer or a third party;
  • force majeure, elemental, moisture, fall and impact damage, etc., which are not attributable to SNOW PEARL.

If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the forwarding agent/package service provider without prejudice to his warranty rights and refuse to accept them. Hidden defects must be reported to the forwarding agent/parcel service provider (e.g. responsible post office) within 24 hours (1 working day) after receipt of the goods. The customer is obliged to have a confirmation of claim from the parcel delivery company (e.g. postal employee) handed over. All transport damage must also be reported to SNOW PEARL immediately.

Orders are registered. A special warranty certificate is not required. SNOW PEARL requires the return of the defective or replaced goods and the copy of the proof of purchase. Further claims are excluded.

The warranty does not cover normal wear and tear as well as the consequences of improper treatment or damage by the customer or third parties as well as defects due to external circumstances. The warranty obligation expires in the case of repairs by service points not authorized by SNOW PEARL.

What to do in case of damage?
Send a complaint to info@snow-pearl.com and wait for further instructions. When submitting the defective item, it is essential to include the proof of purchase (invoice). Any postage costs incurred shall be borne by the customer.

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