Terms and Conditions

1. General

1.1 The contracting party is SNOWFLAKE Lifestyle AG, Allmendstrasse 153, CH-8041 Zurich, (hereinafter "SNOWFLAKE"), registered in the commercial register of the Canton of Zurich under company number CHE-434.221.630.

1.2 These general terms and conditions (hereinafter "GTC") apply to the purchase of all products carried in SNOWFLAKE's range.

1.3 When a customer (hereinafter "Customer" for simplicity) places an order, only these "GTC" in the version valid at the time of the order shall apply. Conflicting or deviating terms and conditions of the Customer shall not be recognized, unless SNOWFLAKE has agreed to them in advance and in writing. By placing an order or purchasing in the store, the Customer confirms the unrestricted acceptance of these GTC.

2. Order and Conclusion of Contract as well as Registration

2.1 Sales are made via the online shop at www.mysnowflake.ch or in the retail store, Allmendstrasse 151-153, in CH-8041 Zurich, Switzerland. Telephone or written orders are also accepted.
2.2 The presentation of goods displayed in the online shop with the corresponding prices is to be understood as an invitation to make an offer. By filling out the form in electronic format and sending it by pressing the "BUY" button in the online shop, the order process is completed. The Customer thereby submits a binding offer to SNOWFLAKE for the purchase of the ordered products. By sending the item(s), the Customer's offer is considered accepted by SNOWFLAKE.

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

2.4 When ordering goods and/or creating a customer account in the online shop, the customer is asked to register and provide their personal data. When entering the data required for registration, the customer is responsible for providing truthful and complete information. The customer is further obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. Confirmation of registration takes place immediately after sending the registration.

2.5 The Customer is solely responsible for content they post in accessible areas. This content must not infringe the rights of third parties. There is no claim to the storage or publication of posted content, such as product reviews.

2.6 The customer must refrain from any disturbance of the website www.mysnowflake.ch or further use of the accessible data outside the intended use within the respective platform. Demonstrably carried out manipulations with the aim of obtaining unauthorized payments or other advantages to the detriment of SNOWFLAKE or other parties can lead to legal consequences as well as the loss of access to www.mysnowflake.ch. Customers are entitled to use the online offer within the framework of its respective availability. The use of the content may only be for their 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 mentioned under clauses 2.4 to 2.6, or to delete or modify content (virtual house rights).

2.8 There is no claim to the permanent availability of 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 constantly available.

3. Delivery and Shipping Costs

3.1 Products will be provided or delivered within the stated delivery times, which are indicative, whenever possible. If the order cannot be fulfilled in whole or in part, the customer will be informed about the unavailability. Temporarily unavailable products will be reserved for the customer; the customer's order remains valid. SNOWFLAKE will inform the customer of any delivery delay. Delivery delays of up to two months beyond the stated delivery period do not entitle the customer to refuse acceptance of the ordered items, 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. If these are larger pieces of furniture, they may not necessarily be immediately available and require a minimum order time. This can be inquired about in writing at info@mysnowflake.ch or by phone at +41 (0) 44 342 11 44.

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

3.3.1 For shipping (excl. furniture) to Switzerland and Liechtenstein, the following applies:
Items up to 30kg are generally sent via Swiss Post Priority. The customer's shipping cost share for this standard shipping is CHF 9.- for a sales price up to CHF 150.-; Furthermore, there is the option Swiss Post Economy for CHF 7.-, with this shipping method there will be a longer delivery time. In general, no shipping costs are incurred for a sales value over CHF 150.-. Excluded are bulky goods, for which a shipping cost share of CHF 19.- is charged. Mattresses from a size of 90x200 are charged with a flat shipping fee of CHF 49.-. During the checkout process, the customer will be informed that it is a piece goods item.

3.3.2 Snowflake offers furniture shipping within Switzerland for a flat fee of CHF 100.-. For purchases (furniture value) of CHF 2500.- or more, the furniture shipping fee is waived. Delivery is made directly to the children's room and is charged either directly or separately. For an order with several pieces of furniture, or for mixed orders (Section 3.7), SNOWFLAKE will wait for all furniture or items to arrive before delivering the entire order at once. Partial shipment is only possible against additional postage and delivery fees. Should a partial shipment be desired, please send an email to info@mysnowflake.ch or call 044 342 11 44.

3.4 Deviations from this are possible, particularly in the case of furniture or custom sizes. SNOWFLAKE will separately inform the customer about deviating formats with price indications.

3.5 Furniture (shipping only within Switzerland and Liechtenstein) is excluded from standard shipping (Swiss Post Priority, or Swiss Post Economy), however, there are some items that SNOWFLAKE can still ship. Regardless of the sales value, separate shipping costs apply, which can be inquired about at checkout or at info@mysnowflake.ch or by phone at +41 (0) 44 342 11 44. The total shipping costs are borne by the customer.

3.6 SNOWFLAKE delivers furniture weighing 30kg or more directly or through a commissioned freight forwarder throughout Switzerland and Liechtenstein. This is SNOWFLAKE's furniture shipping service. The flat rate for furniture shipping throughout Switzerland and Liechtenstein is CHF 100.-. For purchases exceeding CHF 2500.-, the flat rate for furniture shipping is waived. SNOWFLAKE or the commissioned freight forwarder will arrange a delivery date with the customer. If the customer also wishes assembly, this can be arranged with SNOWFLAKE. SNOWFLAKE will submit an offer to the customer for this. SNOWFLAKE has been working for several years with an experienced and professional delivery & assembly service. The costs for this will be charged separately to the customer by this service. SNOWFLAKE only acts as an intermediary and assumes no liability for any damages for the delivery and assembly of the goods.

3.7 For mixed orders of furniture and other items, SNOWFLAKE will deliver all items to the customer together with the furniture delivery. Shipping costs are borne by the customer and are based on the cost of furniture shipping. Partial shipment is only possible against additional postage and delivery fees. Should a partial shipment be desired, please send an email to info@mysnowflake.ch or call 044 342 11 44.

3.8 Transport damage must be reported immediately, but no later than within three working days of delivery. If the goods show external damage (packaging), the customer must note "subject to reservation" or a written detailed description of the damage on the delivery note. If the customer or recipient of the goods detects damage to the goods that is due to delivery, the customer is entitled to refuse acceptance of the goods and note this with "transport damage" on the delivery note. If the customer detects goods damage after receiving and unpacking the goods, they must immediately, but no later than within three working days, send a complaint including photos of the damaged part(s) to info@mysnowflake.ch or by letter to Snowflake Lifestyle AG, Allmendstrasse 153, 8041 Zurich.

3.9 Should customers have any questions about shipping costs, SNOWFLAKE can be reached at info@mysnowflake.ch or by phone at +41 (0) 44 342 11 44.

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

3.11 Parking spaces are available for customers at the retail store. Pick-up is possible by appointment during opening hours or by arrangement.

4. Transfer of Benefit and Risk

4.1 The benefit and risk pass directly to the customer upon delivery of the goods to the supplier (freight 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 transmission methods or transport companies, in particular through misunderstandings, loss, delay, mutilations, irregularities or duplicate copies, provided that SNOWFLAKE has exercised due commercial diligence.

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

5.2 SNOWFLAKE may offer sales and special offers through its online shop or retail store. These offers are valid only as long as they are published on the website or in the retail store and cannot be claimed retroactively. For sale items, different return conditions apply as per Section 8.

5.3 Shipping costs will be charged separately to the customer. The actual shipping costs will be displayed in the shopping cart before completing the order, unless it concerns goods 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 its retail store:

• Cash

• EC card

• Credit card (VISA, MASTERCARD, American Express)
• Postcard

• TWINT

The following payment options (in CHF) are offered in our online shop www.mysnowflake.ch:

 
• Prepayment
• Credit card (VISA, MASTERCARD, American Express)
• Applepay
• Paypal
• Shop Pay
• Google Pay
• TWINT

• Purchase on account with partial payment option (POWERPAY)

6.3 The customer will receive instructions on the payment process with their order. All credit card payments are processed via Stripe. The data is encrypted using the SSL protocol and transmitted for processing and settlement.

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

6.5 Payments are only accepted from accounts within Switzerland, Germany, or Austria. Costs of a money transaction are not covered.

7. Retention of Title
The ordered goods remain the unrestricted property of SNOWFLAKE until proper payment.

8. Warranty for Defects and Right of Withdrawal
8.1 In the event of manufacturing defects in the product purchased by the customer, SNOWFLAKE's warranty is limited to the return of the product, its exchange, or the reimbursement of the purchase price, provided that the customer complies with the conditions and deadlines mentioned in the following paragraph. SNOWFLAKE is entitled to offer a replacement or repair.

8.2 Regardless of product complaints, the customer, if considered a consumer, has a 14-day right of withdrawal from receipt of their order; for items with a reduced price (sale items), a shortened return period of 7 days from receipt of the goods applies, to return the product to SNOWFLAKE for exchange or refund of the purchase price, without any fees beyond the return shipping costs.

Excluded from the right of withdrawal according to Section 8.2 sentence 1 are furniture, strollers, child car seats, wallpapers, paints, specially marked products, display items, and special orders (in particular products ordered or personalized at the customer's specific request).

The right of withdrawal for telephone purchases applies exclusively within the framework of Art. 40a et seq. of the Swiss Code of Obligations, but does not establish any further rights.

8.3 For returns, the customer bears all costs incurred by the return (delivery and return).

8.4 To return a product, the customer must first send an email to customer service at info@mysnowflake.ch, including the order number, item, and reason for return, or notify them by phone at +41 (0) 44 342 11 44. If the customer does not contact customer service in time, SNOWFLAKE is entitled to refuse a return. The goods must also be returned immediately and in any case within 14 days from the day on which the customer asserted the withdrawal – for sale items within 7 days of receipt of the goods – in a perfect, undamaged, and original condition and in their original packaging to SNOWFLAKE, Spinnereiplatz 3, CH-8041 Zurich, Switzerland, otherwise the right of return will expire. SNOWFLAKE reserves the right to refuse a refund until the goods have been returned or proof of return has been provided.

8.5 Special orders (products ordered at a specific 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 order date. These products cannot be returned after receipt of the goods.

8.6 SNOWFLAKE assumes no liability or grants no right of return for self-inflicted defects due to improper self-assembly by the customer of furniture and/or other goods purchased from SNOWFLAKE.

8.7 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than
– within 14 days from receipt of the goods,
– for sale items within 7 days from receipt of the goods,

to SNOWFLAKE, Spinnereiplatz 3, CH-8041 Zurich, Switzerland. The deadline is met if the goods are dispatched before the expiry of the applicable period.

End of cancellation policy

9. Data Protection
9.1 The protection of customer data and privacy is important to SNOWFLAKE. The privacy policy forms an integral part of these GTC. By accepting the GTC, the customer also agrees to the privacy policy. Here is the link to our privacy policy

9.2 SNOWFLAKE is entitled to obtain information about the customer regarding their capacity to act, creditworthiness, and solvency.

10. Changes to the GTC
SNOWFLAKE may adapt or change these GTC and the privacy policy at any time. Adaptations or changes to the GTC will be communicated in an appropriate manner, in particular by corresponding publication on the SNOWFLAKE website.

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

12. Right of Pledge and Set-off
12.1 SNOWFLAKE has a right of pledge on all assets that it holds for the account of the customer, either with itself or elsewhere, and a right of set-off for all its existing claims arising from the business relationship, regardless of their maturity. In all other respects, any set-off requires the prior written consent of the respective other party.

12.2 SNOWFLAKE is entitled, at its discretion, to realize the pledges by forced sale or private sale as soon as the customer is in default with their services. It may also pursue the customer by attachment or bankruptcy while maintaining the right of pledge. In the event of realization, SNOWFLAKE is entitled to enter into the transaction itself.

13. Severability Clause
13.1 Should one or more clauses of these GTC be or become invalid, void or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining provisions.

13.2 In this case, the parties undertake to replace the invalid, void or unenforceable clause with one or more valid clauses that come as close as possible in content to the economic intentions and purposes pursued by the parties. The same procedure shall be followed if one or more gaps in this contract become apparent.

14. Jurisdiction and Applicable Law
14.1 Exclusively Swiss substantive law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and any other agreements, even after their adoption into Swiss law.

14.2 If the customer places the order for personal or family needs, the place of jurisdiction shall be determined according to Art. 32 ZPO. In all other cases, the courts at the registered office of SNOWFLAKE in the commercial register shall have exclusive jurisdiction.

Wädenswil, June 1, 2020