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    General Conditions

    TERMS AND CONDITIONS

    1. General

    1.1 The contractual partner is SNOWFLAKE Lifestyle AG, Hangenmoosstrasse 8, CH-8820 Wädenswil, (hereinafter ″ SNOWFLAKE ″), registered in the commercial register of the Canton of Zurich under company number CHE-434.221.630.

    1.2 The general terms and conditions (hereinafter referred to as ″ GTC ″) apply to the purchase of all products that are offered by SNOWFLAKE in the range.

    1.3 In the case of an order by the customer (hereinafter referred to as ″ Customer ″ for the sake of simplicity), these ″ General Terms and Conditions ″ apply exclusively in the version valid at the time of the order. Conditions of the customer that contradict or deviate from these terms and conditions will not be recognized unless SNOWFLAKE has agreed to them in advance and in writing. By ordering or purchasing in a shop, the customer confirms the unreserved acceptance of these terms and conditions.

    2. Order and conclusion of contract as well as registration

    2.1 The sale takes place in the online shop at www.mysnowflake.ch or in the shop, Allmendstrasse 151-153, in CH-8041 Zurich, Switzerland. Telephone or written orders are also accepted.
    2.2 The presentation of the goods displayed in the online shop with the associated prices is to be understood as an invitation to submit an offer. The ordering process is completed by filling out the form in electronic format and sending it by clicking the "BUY" button in the online shop. With this, the customer submits a binding offer to SNOWFLAKE for the purchase of the ordered products. With the dispatch of the article (s), the customer's offer is deemed to have been accepted by SNOWFLAKE.

    2.3 SNOWFLAKE is entitled to reject an offer without giving reasons.

    2.4 When ordering goods and / or when creating a customer account in the online shop, the customer is requested to register and provide his personal data. When entering the data required for registration, the customer is responsible for providing truthful and complete information. The customer is also obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. The registration is confirmed immediately after the registration has been sent.

    2.5 The customer is solely responsible for the content he posts in accessible areas. These must not violate any third party rights. There is no entitlement to the storage or publication of posted content, such as product reviews.

    2.6 The customer must refrain from any disruption to the www.mysnowflake.ch website or any further use of the accessible data outside of the respective platform's internal use. Manipulations carried out with the aim of obtaining unauthorized payments or other advantages to the detriment of SNOWFLAKE or other parties involved can, in addition to legal consequences, also lead to loss of access to www.mysnowflake.ch. Customers are entitled to use the online offer within the framework of the respective availability. The content may only be used for your own private, non-commercial purposes.

    2.7 Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple registrations, to warn customers who violate the provisions set out in sections 2.4 to 2.6, or to delete or change content (virtual domiciliary rights).

    2.8 There is no entitlement to permanent access to the website or access to the data or other services offered. SNOWFLAKE also does not guarantee that the platform or parts of the services will be available at all times.

    3. Delivery and shipping costs

    3.1 Wherever possible, the products are made available or delivered within the specified delivery times, which are indicative. If the order cannot be carried out in whole or in part, the customer will be informed of the unavailability. Products that cannot be delivered temporarily are reserved for the customer; the customer's order remains. SNOWFLAKE will inform the customer of any delivery delay. Delivery delays of up to two months beyond the specified delivery period do not entitle the customer to refuse to accept the items ordered, to cancel the contract, to claim damages or to reclaim the purchase price.

    3.2 SNOWFLAKE points out that all products in the online shop and in the retail store are only available in commercial quantities. In the case of larger pieces of furniture, these cannot necessarily be available immediately and a minimum order time is required. This can be requested in writing at info@mysnowflake.ch or by telephone on +41 (0) 44 342 11 44.

    3.3 SNOWFLAKE only delivers to customers and addresses in Switzerland and Liechtenstein. 

    3.3.1 The following applies to shipping (excluding furniture) to Switzerland and Liechtenstein:
    Articles up to 30kg are usually sent via Swiss Post Priority. The customer's share of the shipping costs for this standard shipping is CHF 9 up to a sales price of CHF 150; There is also the Swiss Post Economy option for CHF 7.-, this type of shipping has a longer delivery time. In general, there are no shipping costs above a sales value of CHF 150. This does not apply to items that fall under the heading of bulky goods; a shipping cost of CHF 19.- is charged here. Mattresses from a size of 90x200 will be charged with a shipping fee of 49 CHF. During the checkout process, the customer is informed that it is a general cargo item.
    3.3.2 Snowflake offers furniture shipping in Switzerland for a flat rate of CHF 100. From a purchase amount of CHF 2500, the flat rate for shipping furniture does not apply. The delivery takes place directly in the children's room and is charged either directly or separately. 

    3.4 Deviations from this are possible, especially if it is furniture or a special size. SNOWFLAKE will separately draw the customer's attention to deviating formats with price information.

    3.5 Furniture (shipping only to Switzerland and Liechtenstein) are excluded from standard shipping (Swiss Post Priority or Swiss Post Economy), but there are some items that SNOWFLAKE can still send. Regardless of the sales value, there are separate shipping costs, which can be requested at checkout or at info@mysnowflake.ch or by telephone on +41 (0) 44 342 11 44. The customer is responsible for all shipping costs.

    3.6 SNOWFLAKE delivers pieces of furniture from 30kg directly or through a forwarding agent commissioned by them to all of Switzerland and Liechtenstein. This is SNOWFLAKE furniture delivery. The amount of the shipping costs for the dispatch of furniture is a flat rate of 100 CHF throughout Switzerland and Liechtenstein. From a purchase amount of CHF 2500, the flat rate for shipping furniture does not apply. SNOWFLAKE or the commissioned shipping company will arrange a delivery date with the customer. Should the customer also require assembly, this can be agreed with SNOWFLAKE. SNOWFLAKE will make the customer an offer for this. SNOWFLAKE has been working with an experienced and professional delivery & assembly service for several years. The costs for this will be charged separately by the customer with the customer. SNOWFLAKE only acts as an intermediary and assumes no liability for any damage caused by the delivery and assembly of the goods.

    3.7 In the case of mixed orders for furniture and other articles, SNOWFLAKE will deliver all articles to the customer together with the furniture delivery. The shipping costs are borne by the customer and are based on the costs of shipping furniture.

    3.8 Transport damage must be reported immediately, but no later than three working days after delivery. If the goods (s) show external damage (packaging), the customer has to mention the note "with reservation" or a detailed written description of the damage on the delivery note. If the customer or recipient of the goods (s) discover damage to the goods that can be traced back to the delivery, the customer is entitled to refuse acceptance of the goods and to note this with ″ transport damage ″ on the delivery note. Should the customer discover damage to the goods after receiving and unpacking the goods, he / she must immediately, at the latest within three working days, submit a complaint including photos of the damaged part (s) to info@mysnowflake.ch or by letter to SNOWFLAKE Lifestyle AG, Hangenmoosstrasse 8, CH-8820 Wädenswil, Switzerland.
    3.9 If customers have any questions about shipping costs, SNOWFLAKE can be reached at info@mysnowflake.ch or by telephone on +41 (0) 44 342 11 44.

    3.10 SNOWFLAKE also offers customers the option of self-collection, articles can be picked up in the shop at Allmendstrasse 151-153 in CH-8041 Zurich, Switzerland, and pieces of furniture in the warehouse opposite at Spinnereiplatz 3; no additional costs will be charged to the customer for this.

    3.11 Parking spaces are available to the customer at the shop. Collection is possible after prior notification during the opening times or by arrangement

    4. Transfer of benefit and risk

    4.1 Benefit and risk are immediately transferred to the customer when the goods are handed over to the supplier (forwarder, carrier) for dispatch or delivery to the address specified by the customer.

    4.2 The customer bears the damage resulting from the use of post, telephone, fax, e-mail or other means of transmission or transport, in particular through misunderstandings, loss, delay, mutilations, irregularities or duplicates, provided that SNOWFLAKE has exercised the customary care.

    5. Prices
    5.1 The prices stated by SNOWFLAKE at the time of the order apply. Obviously erroneous prices are not binding. The prices are in Swiss Francs (CHF) and include the statutory value added tax. Any change in the tax rate can affect the price of the products. SNOWFLAKE reserves the right to change its prices at any time and without notice, whereby the customer will only be charged the price stated on the day of the order in the online shop or in the store.

    5.2 SNOWFLAKE can offer sales and special offers via its online shop or shop. These offers are only valid as long as they are published on the website or in the shop and cannot be claimed retrospectively.

    5.3 The shipping costs will be billed to the customer separately. The actual shipping costs are displayed in the shopping cart before the order is completed, unless the goods are concerned whose shipping and delivery and assembly service require an agreement with SNOWFLAKE and are offered separately to the customer by SNOWFLAKE.

    6. Payment Methods
    6.1 Payment methods:
    SNOWFLAKE offers the following payment options (in CHF) in the shop:
    <br>• Bar
    <br>• EC card
    <br>• postcard
    <br>• Credit card (VISA, MASTERCARD, American Express)
    .TWINT

    The following payment options (in CHF) are offered in the SNOWFLAKE online shop www.mysnowflake.ch:
    <br>• Payment in advance
    <br>• Credit card MASTERCARD via PayPal account
    <br>• Credit card VISA via PayPal account
    <br>• Kreditkarten VISA, MASTERCARD, AMERICAN EXPRESS
    • Purchase on account with partial payment option (PowerPay)
    • TWINT

    Purchase on account with partial payment option (POWERPAY)

    As an external payment service provider, MF Group / POWERPAY offers the payment method “purchase on account”. With the order invoice, you can easily pay for your online purchase by invoice. If you choose not to make a payment within the specified time frame, you will receive a monthly invoice with an overview of the order in the following month.

    When concluding the purchase contract, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, in addition to our terms and conditions, you accept https://www.powerpay.at/de/agb by POWERPAY. (powerpay.at/de/agb).

     

    • PayPal: The customer receives instructions for the payment process with his order. All credit card payments are processed through PayPal. This payment method is only possible for online orders. Items in stock will be dispatched as soon as possible. In the case of articles that SNOWFLAKE does not have in stock, the customer will be informed of an e-mail with the estimated shipping date. With PayPal, the bank details are stored once when you register, from then on you only pay with your email address and password. The data is processed, handled and transmitted by the SSL protocol with the most modern encryption techniques
    • Payment in advance: This payment method is possible for all orders in the online shop, as well as for orders by e-mail and telephone. As soon as the payment has been received, SNOWFLAKE sends the customer a confirmation by email stating the expected delivery date. In the case of prepayment, the ordered goods will only be delivered within ten days of receipt of the full invoice amount on the SNOWFLAKE account. If, despite the due date, payment is not made within four days, even after a renewed request, the order will lapse without SNOWFLAKE being obliged to deliver.
      Purpose: please state order number
      Banking institute Zürcher Kantonalbank
      In favor of: Snowflake Lifestyle AG
      Account number: CH 94 0070 0110 0055 0871 3
      BIC: ZKBKCHZZ80A
                                                                   
      6.2 The customer can pay for his order as follows (in CHF):
      • Prepayment
      • MASTERCARD credit card via PayPal account
      • VISA credit card via PayPal account
      • VISA, MASTERCARD and AMERICAN EXPRESS credit cards
    • Bank transfer via PayPal account.
      6.3 The customer receives instructions for the payment process with his order. All credit card payments are processed through Stripe. The data is encrypted using the SSL protocol and transmitted for processing and handling.

      6.4 In the case of prepayment, the ordered goods will only be delivered within ten days after the full invoice amount has been credited to the SNOWFLAKE account. If, despite the due date, payment is not made within four days, even after a renewed request, the order will lapse without SNOWFLAKE being obliged to deliver.

      6.5 Payments are only accepted from accounts within Switzerland, Germany or Austria. Money transaction costs are not covered.

      7. Retention of title
      The ordered goods remain the unrestricted property of SNOWFLAKE until they have been properly paid for.

      8. Warranty in the event of defects and cancellation policy
      8.1 In the event of manufacturing defects in the product purchased by the customer, SNOWFLAKE's guarantee is limited to taking back the product, exchanging it or reimbursing the purchase price, provided that the customer complies with the conditions and deadlines specified in the following paragraph. SNOWFLAKE is entitled to offer a replacement or a repair.

      8.2 Regardless of complaints about the product, the customer, if he is considered a consumer, has a 14-day right of withdrawal from receipt of his order in order to return the product to SNOWFLAKE for an exchange or a refund of the purchase amount without incurring any fees beyond the return costs. Specially marked products, exhibits or those with a reduced price are excluded from the right of return in accordance with Section 8.2 Clause 1. The right of withdrawal for telephone purchases applies exclusively within the framework of Art. 40a ff. OR, but does not establish any further rights.

      8.3 In the case of returns, the customer bears all costs caused by the return (delivery and return).

      8.4 In order to return a product, the customer must first send an email, including the order number, the article and the reason for the return, to customer service at info@mysnowflake.ch or by phone at +41 (0) 44 342 11 44. If the customer does not contact customer service in good time, SNOWFLAKE is entitled to refuse a return. In addition, the goods must be in a flawless, undamaged and original condition and in their original packaging at SNOWFLAKE, Spinnereiplatz 14, CH-3 Zurich, Switzerland, immediately and in any case within 8041 days of the day on which the customer submitted the cancellation. received, otherwise the right of return expires. SNOWFLAKE reserves the right to refuse repayment until the goods have been sent back or proof of the return has been provided.

      8.5 Special orders (products ordered on special customer request and not included in the catalog, personalized products - e.g. specific choice of colors) cannot be canceled more than seven days after the date of the order. These products cannot be returned after receipt of the goods.

      8.6 SNOWFLAKE assumes no liability or does not grant a right of return for self-inflicted defects in the case of improper self-assembly of furniture and / or other goods purchased from SNOWFLAKE.

      Right of withdrawal
      You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must contact us at SNOWFLAKE Lifestyle AG, Hangenmoosstrasse 8, CH-8820 Wädenswil, Switzerland (see below for return address of the goods), or at info@mysnowflake.ch or by phone on +41 (0) 44 342 11 44 ​​by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
      Consequences of revocation
      If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
      We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
      You must return or hand over the goods immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract to SNOWFLAKE, Spinnereiplatz 3, CH-8041 Zurich, Switzerland. The deadline is met if you send the goods before the period of 14 days has expired.
      End of cancellation policy

      9. Privacy
      9.1 The protection of data and the privacy of customers are important to SNOWFLAKE. The data protection declaration forms an integral part of these terms and conditions. By accepting the terms and conditions, the customer also agrees to the data protection declaration. Here is the link to our data protection guidelines

      9.2 SNOWFLAKE is entitled to obtain information about the customer regarding his ability to act, credit and solvency.

      10. Changes to the terms and conditions
      SNOWFLAKE can adapt or change these terms and conditions and the data protection declaration at any time. Adjustments or changes to the terms and conditions will be communicated in a suitable manner, in particular by means of a corresponding publication on the SNOWFLAKE website.

      11. Website Terms of Use
      The use of the website www.mysnowflake.ch is only permitted for private use. Any commercial use, in particular to sell products that have been purchased in the SNOWFLAKE online shop to third parties, is prohibited.

      12. Lien and right of set-off
      12.1 SNOWFLAKE has a right of lien on all assets that it stores for the account of the customer on its own or elsewhere and, with regard to all claims, a right of set-off for all of its claims arising from the business relationship, regardless of the due date. In addition, any offsetting requires the prior written consent of the other party.

      12.2 SNOWFLAKE is entitled, at its discretion, to enforce or dispose of the pledges as soon as the customer is in default with his services. It can also pursue the customer for seizure or bankruptcy while maintaining the lien. SNOWFLAKE is authorized to enter the property itself.

      13. Severability Clause
      13.1 Should one or more clauses of these terms and conditions be or become ineffective, void or unfulfillable, this shall not affect the validity, effectiveness and enforceability of the remaining provisions.

      13.2 In this case, the parties undertake to replace the ineffective, void or unfulfillable clause with one or more effective clauses, the content of which comes as close as possible to the economic intentions and purposes pursued by the parties. Proceed in the same way if one or more loopholes in this contract become apparent.

      14. Place of jurisdiction and applicable law
      14.1 Swiss substantive law applies exclusively, to the exclusion of the UN Sales Convention (CISG) and any other conventions, even after they have been incorporated into Swiss law.

      14.2 If the customer places the order for personal or family needs, the place of jurisdiction is determined in accordance with Art. 32 ZPO. In all other cases, the courts at the registered office of SNOWFLAKE have exclusive jurisdiction.
       
      Wädenswil, June 1, 2020