General Terms & Conditions

General terms and conditions

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

For Germany, the following applies: According to § 13 BGB, consumers are any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

For Austria, the following conditions apply: In the following conditions, "consumer" is to be understood as the "consumer" within the meaning of the Consumer Protection Act (KSchG).

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, formation of contract, options for corrections

The purchase contract is concluded with SNOW-HOW GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can first place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been submitted.

We will accept your offer within two days,

- by making a declaration of acceptance in a separate e-mail or
- during which the payment transaction, if applicable, is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected in each case (see under "Payment").
The alternative that is relevant to you depends on which of the listed events occurs first.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English

The text of the contract will not be saved by us.

4. Delivery conditions

Delivery costs
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

Delivery options

We ship the products to the delivery address specified in the order process.

In principle, you have the option of pick-up at SNOW-HOW!, Am Darmer Bahndamm 2, 49808 Lingen, Germany during the following business hours: during opening hours

We do not deliver to packing stations.

5. Payment

The following payment methods are basically available in our online shop.

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods after receipt of funds.

Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.

PayPal, PayPal Express

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after the order has been placed. You will receive further instructions during the ordering process.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. You will find further information within the respective payment option and in the ordering process.

PayPal
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after placing the order.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

SOFORT by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after shipping the goods and receipt of the invoice. Klarna can offer further payment methods in the customer account to registered Klarna customers selected according to their own criteria. However, we have no influence on the offer of these modalities; other individually offered payment methods concern your legal relationship with Klarna.

You can find more information about this in your Klarna account.

Financing via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The amount of the minimum instalment is 6.95 euros.

Klarna can offer registered Klarna customers selected according to their own criteria further payment methods in the customer account (e.g. interest-free installment plans). However, we have no influence on the offer of these modalities; other individually offered payment methods concern your legal relationship with Klarna. You can find more information about this in your Klarna account

Klarna Credit card
You enter your credit card details in the ordering process. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.

Klarna Direct debiting
You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of charging your account (so-called prenotification). The account will be charged after the goods have been sent out.

Cash payment on collection
You may pay the invoice amount in cash on collection.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the Shipping Policy. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The products shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

8. Damage during delivery

For consumer the following applies:If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.

9. Warranty and guarantees

9.1 Liability for defects

The following applies to consumers:
The statutory law on liability for defects applies.

The following applies to entrepreneurs and among merchants:
Unless expressly agreed otherwise, the statutory law on liability for defects applies.
The following restrictions and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions in relation to businesses

In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Provisions for merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.

11. Dispute resolution

We participate in dispute resolution proceedings before a consumer arbitration board. Responsible is: Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).

12. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

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