Table of Contents

  1. General/Scope
  2. registration
  3. formation of the contract
  4. Prices
  5. Pick up at the place of business
  6. Delivery, shipping costs
  7. Warranty and Services
  8. Retention of title, withdrawal from the contract
  9. Contract duration and contract termination for subscription contracts
  10. due date and payment
  11. revocation
  12. addresses
  13. Data protection, copyright, trademark rights
  14. Applicable Law and Jurisdiction

As of March 1, 2019


1. General/Scope

For the business relationships between SNOW PEARL GmbH (hereinafter: SNOW PEARL) and consumers or companies (hereinafter “customer” or “customers”), the following General Terms and Conditions (GTC) apply in the version currently available and available when the website is accessed or when goods are ordered valid version with regard to the goods presented by SNOW PEARL in the online shop.

Deliveries, services and offers from SNOW PEARL are based exclusively on these General Terms and Conditions. These 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 general terms and conditions of the online shop are adjusted, supplemented or changed. With each new call or visit to the website, the current, retrievable versions apply. Please visit this page regularly to review the current policy. If you do not agree with the changed provisions, we ask you to delete your user profile if you have created one. If you do not opt ​​out, your user profile will continue to exist after the amended terms have come into effect.

Deviations from these terms and conditions are only effective if confirmed in writing by SNOW PEARL. The current and binding version of the General Terms and Conditions can be found under www.​snow-​pearl.​com published. Should a provision of these General Terms and Conditions of Sale and Delivery prove to be wholly or partially invalid, the contracting parties will replace this provision with a new agreement that comes as close as possible to its legal and economic success.


2. Registration

Each order for goods requires registration as a customer or opening of a user profile with SNOW PEARL. Multiple registrations under different names or addresses are not permitted.

SNOW PEARL can revoke the admission at any time and without giving reasons. In this case, SNOW PEARL is entitled to block and delete the user name and the corresponding password immediately.


3. Conclusion of the contract

The presentation of the SNOW PEARL range in the online shop does not represent 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, the customer is submitting a binding offer to conclude a purchase contract with SNOW PEARL. The customer receives a confirmation of receipt of the order (“Order Receipt 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 separately inform the customer of possible errors in the information on the range on the website.

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

If it turns out after the conclusion of the contract that the ordered goods cannot be delivered either in part 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 changes or cancellations by the customer are borne by the customer.


4. Prices

The prices stated at the time of purchase and order apply to the purchase and ordering of goods and services. We reserve the right to change prices.

All prices in Swiss francs are only valid within Switzerland and the Principality of Liechtenstein. The time of the order is used to determine the price. Prices for products are based on the time of ordering www.​snow-​pearl.​com according to clause 3, binding on both sides. With updating of the Internet pages www.​snow-​pearl.​com all previous prices and other information about goods become invalid.

Price fluctuations are possible. The time at which the offer is submitted is decisive. The corresponding customary value-added tax will be charged additionally and separately. All prices include the Advance Recycling Fee (VRG) where applicable.

Any shipping costs will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the ordering process (see also section 6). Technical changes, errors and misprints are reserved. SNOW PEARL can make price changes at any time without prior notice. The sales prices do not include any consulting and support services.


5. Collection at the place of business

After prior notification by telephone, there is the possibility of picking up the goods yourself at an agreed place of business of SNOW PEARL. When the goods are picked up, the contract with SNOW PEARL comes into effect when SNOW PEARL expressly accepts the offer ("order confirmation") or when SNOW PEARL hands over the ordered product to the customer.


6. Delivery, shipping costs

The delivery date is given to the best of our knowledge, but without guarantee. The delivery takes place only after receipt of payment to an account of SNOW PEARL in advance. Depending on how long it takes to process the payment, items may no longer be in stock; this does not justify any liability for delay in delivery or impossibility of delivery. The delivery times specified for the product in the online shop begin to run from receipt of payment.

The products ordered will be delivered in accordance with the information provided by the seller in the order confirmation. The delivery costs are at the expense of the customer and will be charged additionally. For orders within Switzerland and the Principality of Liechtenstein, a shipping cost of at least CHF 7.00 will be charged, depending on the weight. Partial deliveries are postage free due to stock backlogs

For deliveries abroad, other shipping costs apply. Delivery is made directly to the delivery address and contact person provided 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, provided you have an e-mail address.

In the event of definitive unavailability of the items ordered, the payments made will be refunded. SNOW PEARL is not liable for delays in delivery 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 if the situation is based on an impediment that is beyond the parties' sphere of influence and could not reasonably be expected to include the impediment To know the conclusion of a contract or to avoid or overcome its consequences.


7. Warranty and Service

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

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

If the replacement delivery fails, the customer can request the cancellation of the purchase. The claim expires if the customer does not report the defect or the wrong delivery to SNOW PEARL by email within 10 days of receipt of the goods info@​snow-​pearl.​com, informs.

In any case, the liability of SNOW PEARL is limited to the amount of the invoiced, defective goods. Other customer claims, regardless of the legal reason, are excluded. SNOW PEARL, its assistants and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular not for consequential damage, loss of profit, unrealized savings, other financial losses of the customer and damage from delay in delivery.

Furthermore, SNOW PEARL is not liable for damage that can be attributed to one of the following causes:

  • improper, non-contractual or illegal storage, adjustment or use of the products;
  • use of incompatible spare parts or accessories (e.g. power supply);
  • failure to maintain and/or improper modification or repair of the Products by Customer or a third party;
  • force majeure, in particular elementary, moisture, fall and impact damage, etc., for which SNOW PEARL is not responsible.

If goods are delivered with obvious damage to the packaging or the contents, the customer must immediately complain to the carrier/parcel service provider and refuse acceptance, without prejudice to his warranty rights. 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 damage confirmation message from the parcel deliverer (e.g. postal employee) handed over to him. All transport damage must also be reported to SNOW PEARL immediately.

Orders are registered. A special proof of guarantee is not required. In principle, SNOW PEARL requires the defective goods or goods to be replaced and a copy of the purchase receipt to be returned. Further claims are excluded.

Normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects attributable to external circumstances, are not covered by the guarantee. The guarantee obligation expires in the case of repairs by service centers not authorized by SNOW PEARL.

What to do in the event of damage?
Send to info@​snow-​pearl.​com make a complaint and wait for further instructions. Proof of purchase (invoice) must be enclosed when sending in the defective item. 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 breaches the contract, in particular if the customer does not meet his payment obligation despite a reminder from SNOW PEARL, SNOW PEARL can withdraw from the contract after setting a reasonable deadline and demand the return of the goods still in his possession. Taking back the goods or pledging them by SNOW PEARL constitutes a withdrawal from the contract. The resulting shipping costs are borne by the buyer. After receiving the goods, SNOW PEARL is authorized to use them. SNOW PEARL reserves the right not to enter into a contract if the result of a credit check is negative.


9. Duration and termination of subscription contracts

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


10. Maturity and Payment

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

Orders are charged to the customer immediately. SNOW PEARL accepts prepayment (online banking, bank or postal transfer, etc.), credit card (Visa, Mastercard, American Express), Paypal and invoice as means of payment. The data when paying 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 canceled by SNOW PEARL. All prices are final prices that include the statutory VAT and the advanced recycling fee for electric or sonic toothbrushes.


11. Withdrawal

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


12. Addresses

SNOW PEARL GmbH
In the begging 6
CH-8127 Forch
info@​snow-​pearl.​com
www.​snow-​pearl.​com


13. Data protection

The data protection declaration under 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 brand, image and copyrights belong to SNOW PEARL. Downloading, saving, copying or printing out data, images and PDF files, even in part, requires the written approval of SNOW PEARL. All rights reserved. Further use by the customer for purposes other than the purpose of the product is not permitted.

SNOW PEARL points out to the customer that the data recorded as part of the conclusion of the contract is collected, processed and used to fulfill the obligations arising from the purchase contract, and can also be used for marketing purposes. The data required for the performance of the service can also be passed on to commissioned service partners (logistics partners) or other third parties.


14. Governing Law and Jurisdiction

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law norms. The Vienna Sales Convention is explicitly excluded. The place of jurisdiction for natural persons is Zurich or at the customer's place of residence. For legal entities, Zurich is the sole place of jurisdiction.

Should individual provisions of these General Terms and Conditions, including this provision, be wholly or partially invalid, or should the conditions contain a gap, the validity of the remaining parts shall remain unaffected. Instead of the ineffective or missing provisions, the respective legal regulations or, if they do not exist, provisions that correspond to the meaning of the ineffective provisions apply.

 

 

 

 

RIGHT OF WITHDRAWAL

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

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

If the replacement delivery fails, the customer can request the cancellation of the purchase. The claim expires if the customer does not report the defect or the wrong delivery to SNOW PEARL by email within 10 days of receipt of the goods info@​snow-​pearl.​com, informs.

In any case, the liability of SNOW PEARL is limited to the amount of the invoiced, defective goods. Other customer claims, regardless of the legal reason, are excluded. SNOW PEARL, its assistants and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular not for consequential damage, loss of profit, unrealized savings, other financial losses of the customer and damage from delay in delivery.

Furthermore, SNOW PEARL is not liable for damage that can be attributed to one of the following causes:

  • improper, non-contractual or illegal storage, adjustment or use of the products;
  • use of incompatible spare parts or accessories (e.g. power supply);
  • failure to maintain and/or improper modification or repair of the Products by Customer or a third party;
  • force majeure, in particular elementary, moisture, fall and impact damage, etc., for which SNOW PEARL is not responsible.

If goods are delivered with obvious damage to the packaging or the contents, the customer must immediately complain to the carrier/parcel service provider and refuse acceptance, without prejudice to his warranty rights. 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 damage confirmation message from the parcel deliverer (e.g. postal employee) handed over to him. All transport damage must also be reported to SNOW PEARL immediately.

Orders are registered. A special proof of guarantee is not required. In principle, SNOW PEARL requires the defective goods or goods to be replaced and a copy of the purchase receipt to be returned. Further claims are excluded.

Normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects attributable to external circumstances, are not covered by the guarantee. The guarantee obligation expires in the case of repairs by service centers not authorized by SNOW PEARL.

What to do in the event of damage?
Send to info@​snow-​pearl.​com make a complaint and wait for further instructions. Proof of purchase (invoice) must be enclosed when sending in the defective item. Any postage costs incurred shall be borne by the customer.

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