General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Snow Business GmbH) via the website www.wintereffects.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person, or a legally capable partnership, who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods. Our product representations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time. After accessing the “checkout” page and entering your personal data as well as payment and shipping conditions, all order details are displayed again on the order overview page. Before submitting the order, you have the opportunity to review, change (also via the browser’s “back” function), or cancel the purchase. By submitting the order via the “place order with obligation to pay” button, you submit a binding offer to us. You will first receive an automatic e-mail confirming receipt of your order, which does not yet lead to the conclusion of the contract.

(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g., e-mail), confirming the execution of the order or delivery of the goods (order confirmation). If you do not receive such a message, you are no longer bound by your order. Any services already provided will be refunded immediately in this case.

(4) Your inquiries for a quotation are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. Therefore, you must ensure that the e-mail address you provide to us is correct, the receipt of e-mails is technically ensured, and is not blocked by spam filters.

§ 3 Right of Withdrawal for Consumers
(A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.)

Withdrawal Information
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Snow Business GmbH, Friedrich-Ebert-Damm 202a, 22047 Hamburg, Phone: +49(0) 27805434, E-Mail: info@wintereffects.com) of your decision to withdraw from this contract by means of a clear statement (e.g., letter sent by post, fax, or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment for this repayment as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

We may withhold reimbursement until we have received the goods back or you have provided proof that you have sent back the goods, whichever is earlier.

You must return or hand over the goods to us immediately, and in any event no later than fourteen days from the day you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this loss in value is due to handling the goods in a way not necessary to check their nature, characteristics, and functioning.

Exclusion or Expiry Reasons
The right of withdrawal does not apply to contracts:
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely for contracts:
- for the delivery of goods that, after delivery, have been inseparably mixed with other goods due to their nature.

End of Withdrawal Instructions
You can download the model withdrawal form as a PDF document here: Model Withdrawal Form

§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:

a) We retain ownership of the goods until full settlement of all claims from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims arising from the resale to us up to the invoice amount; we accept the assignment. You are still authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In case of connection or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.

d) We undertake, upon your request, to release the securities due to us insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty
(1) The statutory provisions apply.
(2) If you are an entrepreneur, you bear the shipping risk pursuant to §447 BGB, furthermore, the following applies in deviation from paragraph 1:

a) The characteristics of the goods are only our own specifications and the product description of the manufacturer; other advertising, public statements, and manufacturer statements do not apply.

b) According to §377 HGB, you (the buyer/merchant) are obliged to inspect the goods immediately after delivery, as far as is reasonable in proper business practice, and notify us immediately if a defect is found. If notification is omitted, the goods are considered approved, unless it is a defect that was not detectable upon inspection. If such a defect appears later, notification must be made immediately after discovery; otherwise, the goods are also deemed approved regarding this defect. Timely dispatch of the notice is sufficient to meet the deadline. Failure to inspect and notify excludes warranty claims.

c) In case of defects, we provide warranty at our choice by repair or replacement. If the defect remediation fails twice, you may request a reduction or withdraw from the contract. In the case of repair, we are not obliged to bear increased costs arising from transporting the goods to a location other than the place of performance unless transportation corresponds to the intended use of the goods.

d) The warranty period is one year from delivery. The shortened warranty period does not apply to damages caused culpably by us affecting life, body, or health, grossly negligent or intentional damages, or in cases of recourse claims pursuant to §§ 478, 479 BGB.

§ 6 Liability
(1) We are fully liable for damages from injury to life, body, or health, in all cases of intent and gross negligence, in case of fraudulent concealment of a defect, when assuming a guarantee for the quality of the purchased item, under the Product Liability Act, and in all other legally regulated cases.

(2) For the breach of essential contractual obligations, our liability for slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are duties that arise from the nature of the contract, whose breach would jeopardize the achievement of the contract purpose, and duties whose fulfillment is necessary to enable proper performance of the contract and on whose compliance you regularly rely.

(3) For the violation of non-essential contractual obligations, liability for slightly negligent breaches is excluded.

(4) Data communication over the Internet cannot, according to the current state of technology, be guaranteed to be error-free and/or available at all times. We are therefore not liable for the continuous or uninterrupted availability of the website and the services offered there.

§ 7 Cancellation Policy
Cancellation of the order for services is generally possible at any time. For services, the following cancellation fees apply based on the agreed price: 30% from order placement, 50% from 14 days before work start, 80% from 7 days before work start, 100% from work start. Additionally, 25% handling costs for already loaded material and costs for consumed or non-reusable material will be charged.

§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).

(2) Place of performance for all services arising from our business relationships and jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or public special fund. The same applies if you have no general place of jurisdiction in Germany or the EU, or your residence or habitual abode is unknown at the time of legal action. The right to bring an action at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention (CISG) do not apply.

II. Customer Information

1. Identity of the Seller
Snow Business GmbH
Friedrich-Ebert-Damm 202a
22047 Hamburg, Germany
Phone: +49 040 27805434
E-Mail: info@wintereffects.com

2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with §2 of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After we receive your order, the order details, legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via e-mail.
3.3. For quotation requests outside the online shopping cart system, all contract data will be sent to you via e-mail as part of a binding offer, which you can print or save electronically.

4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the product description and the supplementary information on our website.

5. Prices and Payment Methods
5.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed via a designated button on our website, are displayed separately during the ordering process, and must be paid by you unless free shipping is promised.
5.3. The payment methods available to you are indicated via a designated button on our website or in the respective product description.
5.4. Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due immediately.
5.5. Cancellation costs for services: 30% from order placement, 50% from 14 days before the start of work, 80% from 7 days before the start of work, 100% from the start of work. Additionally, 25% handling costs for already loaded material will be charged.

6. Delivery Terms
6.1. The delivery terms, delivery date, and any existing delivery restrictions can be found via a designated button on our website or in the respective product description.
6.2. If you are a consumer, the risk of accidental loss or accidental deterioration of the sold item during shipping passes to you only upon delivery of the goods, regardless of whether shipping is insured or uninsured. This does not apply if you independently commissioned a transport company not designated by the entrepreneur or another person designated for shipping. If you are an entrepreneur, delivery and shipping are at your risk.
6.3. Minimum Order Value
There is a minimum order value (excluding shipping costs) of €39.90. This means that Snow Business will only assemble and deliver the goods if the shopping cart value (excluding shipping) is €39.90 or more.

7. Statutory Warranty for Goods
7.1. The warranty for our goods is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

General Terms and Conditions of Snow Business GmbH for Rental Agreements

§ 1 General / Conclusion of Contract
These General Terms and Conditions are part of every contract concluded between a customer and the company "Snow Business GmbH" – hereinafter referred to as SB – regardless of whether it concerns deliveries or other services provided by SB. The General Terms and Conditions are deemed accepted at the latest upon delivery and/or performance and apply in their latest version to all subsequent deliveries/services. Deviations from these General Terms and Conditions, additional agreements, and ancillary arrangements require written form or explicit written confirmation. Buyer’s purchasing conditions are hereby expressly rejected.

§ 2 Rental Period / Rental Agreement
The rental period is calculated in days/weeks and begins on the day the rented equipment, including accessories, is collected or shipped according to the order. All rental equipment is in flawless, operational condition at the start of the rental period. The renter must check the condition and completeness of the equipment and accessories upon receipt. The rental period ends on the day the rented equipment, including accessories, is returned in flawless, cleaned condition with all necessary components to the location designated by the lessor. If the rented equipment is returned uncleaned or damaged, the rental period is extended until the lessor completes cleaning or repair. The costs of cleaning or repair are borne by the renter. If the rented equipment arrives later than the original rental period, the rental period is extended by full billable units. The minimum rental period is one day. If the renter withdraws from the rental agreement for any reason, 30% of the order value is charged as cancellation fees. If withdrawal occurs less than 10 days before the rental period, 50% applies, less than 3 days 75%, and on the rental day 100% of the rental amount is due. If the renter wishes to use the rented equipment longer than agreed, the lessor must be informed in time, at least 2 days before the end of the rental period, specifying the expected duration of further use.

§ 3 Delivery and Return
The renter is responsible for the transport of the rented equipment, including accessories, to and from the lessor. The renter also bears the transport risk. By special agreement, the rented equipment can be delivered, set up, dismantled, and collected for a reasonable fee. Delivery, setup, dismantling, and return transport are always at the renter's risk. Liability for intent and gross negligence is excluded.

§ 4 Assumption of Risk / Loss
The renter assumes the risk for the rented equipment, including accessories, including risk of loss due to force majeure or other accident, from the start of transport until return to the lessor. Loss of the rented equipment or accessories must be reported to the lessor immediately. In case of loss, the renter agrees to reimburse the lessor for the replacement value of the lost equipment. If the renter reports loss, the lessor is entitled to retain any of the renter's equipment in its possession until the claim is settled or the rented equipment is returned.

§ 5 Rental Prices / Payment
Rental prices are generally based on daily operation. The rental period is at least one day. The time indicated in the rental agreement is decisive for calculating the rental duration. Delivery and return transport, as well as transport insurance, are at the renter’s expense.

§ 6 Use of the Rented Equipment
Rented items may only be operated by qualified personnel and only for the intended purposes. The renter must comply with accident prevention regulations. By signing, the renter confirms that they have been instructed by the lessor in the operation of the equipment, understand the proper use, have been informed about safety regulations, and will use the equipment according to instructions. Any claims for damages against the lessor are excluded. The renter is responsible for any damages resulting from deviation from the lessor’s instructions.

§ 7 Renter’s Liability / Damages
The renter must immediately report any damage to the rented equipment or accessories, whether caused by natural wear or the renter’s fault. Using damaged or unsafe equipment is prohibited. Rented items may not be opened or repaired by the renter or third parties. All repairs must be carried out by the lessor or an authorized person. Repair costs are borne by the renter if the damage is their responsibility. During repairs, the renter is not exempt from paying rent. The renter must compensate for any damages arising from improper use. In case of total loss, the renter must pay the replacement value.

§ 8 Lessor’s Liability
The lessor is liable for the functional condition of the rented equipment at the time of risk transfer, excluding further claims. If the rented equipment has a defect at the time of risk transfer that impairs or prevents its contractual use, the lessor may, at its discretion, repair the defect, replace the equipment, or withdraw from the contract. The rental price is reduced proportionally during the period of impairment. Liability for damages arising from use is limited to defects present at the time of risk transfer and only covers repair costs up to the rental price. Further claims, especially for compensation, are excluded.

§ 9 Transfer / Third Parties
The renter may not transfer the rented equipment, including accessories, to third parties without the lessor’s consent, nor grant any rights to third parties. Seizure, confiscation, or other measures by third parties are not permitted.

§ 10 Termination Rights
The lessor has the right to terminate the rental agreement without notice for important reasons. Important reasons include non-compliance with agreed payment terms, improper handling or care of the rented items, and unauthorized transfer to third parties.

§ 11 Liability of the Collector
If the collector provides false information regarding the renter when taking possession of the equipment, they are fully liable for rental fees, cleaning fees, repair costs, and replacement costs of the rented equipment and accessories.

§ 12 Validity of Contract
Should individual provisions of the contract be legally invalid or a gap arises, the validity of the remaining contract content remains unaffected. Invalid provisions are deemed replaced by valid provisions reflecting the intent of the contract.

§ 13 Jurisdiction and Place of Performance
(1) If the contract partner is a merchant, a legal entity under public law, or a public special fund, the exclusive jurisdiction for all claims arising from or based on this contract is agreed to be our business location. The same applies to persons without a general place of jurisdiction in Germany or whose residence or habitual place of residence after conclusion of the contract is outside Germany or unknown at the time of legal action. German law applies, including in cross-border deliveries. Other national laws and international sales law are excluded.
(2) If the contract partner is a merchant, legal entity under public law, or public special fund, the place of performance for all claims arising from or based on this contract is our business location. The same applies to persons without a general place of jurisdiction in Germany or whose residence or habitual place of residence after conclusion of the contract is outside Germany or unknown at the time of legal action.
For consumers within the meaning of §13 BGB, statutory provisions apply.