Snow Tomby
E-mail: info@snowtomby.com
Website: www.snowtomby.com

Definitions

• Snow Tomby: Snow Tomby, established in Almere, Chamber of Commerce no. 88718832.
• Customer: The party which Snow Tomby has entered into an agreement with.
• Parties: Snow Tomby and customer together.
• Consumer: A customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Snow Tomby.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Snow Tomby are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies, and travel, shipping, or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Snow Tomby is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Snow Tomby could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / Models

1. If the customer has received a sample or model of a product, they cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Payments and Payment Term

1. Snow Tomby may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 14 days after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, they are legally in default, without Snow Tomby having to send the customer a reminder or to put them in default.
4. Snow Tomby reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of Late Payment

1. If the customer does not pay within the agreed term, Snow Tomby is entitled to charge an interest per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, they are also due to extrajudicial collection costs and may be obliged to pay any compensation to Snow Tomby.
3. The collection costs are calculated based on the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Snow Tomby may suspend its obligations until the customer has met their payment obligation.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of Snow Tomby on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Snow Tomby, they are still obliged to pay the agreed price to Snow Tomby.

Right of Recovery of Goods

1. As soon as the customer is in default, Snow Tomby is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Snow Tomby invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Snow Tomby, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

Right of Withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
   • The product has not been used.
   • It is not a product that can spoil quickly, like food or flowers.
   • The product is not specially tailored for the consumer or adapted to its special needs.
   • It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.).
   • The seal is still intact when the product is a data carrier with digital content (DVDs, CDs, etc.).
   • The product is not a (holiday) trip, a transportation ticket, a catering order, or a form of leisure activity.
   • The product is not a separate magazine or a loose newspaper.
   • The consumer has not renounced their right of withdrawal.
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
   • On the day after the consumer has received the last product or part of 1 order.
   • As soon as the consumer has received the first product of a subscription.
   • As soon as the consumer has confirmed the purchase of digital content via the internet.
3. The consumer can notify their right of withdrawal via info@snowtomby.com, if desired by using the withdrawal form that can be downloaded via the website of Snow Tomby, www.snowtomby.com.
4. The consumer is obliged to return the product to Snow Tomby within 14 days after the notification of their right of withdrawal, after which period their right of withdrawal will lapse.

Reimbursement of Delivery Costs

1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Snow Tomby will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Snow Tomby in time.
2. The costs for return are only reimbursed by Snow Tomby if the complete order is returned.

Reimbursement of Return Costs

1. If the consumer invokes their right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer, unless the consumer returns the entire order to the return address indicated by Snow Tomby.

Return Address Order in Case of Withdrawal

1. If the consumer makes use of their right of withdrawal, then they are eligible for reimbursement of the costs for returning the entire order if the order is returned to: Snow Tomby, Antwoordnummer Koningsbeltweg 41D, 1329AB Almere.

Suspension of Obligations by the Customer

1. The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of Retention

1. Snow Tomby can appeal to its right of retention of title and in that case retain the products sold by Snow Tomby to the customer until the customer has paid all outstanding invoices with regard to Snow Tomby, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Snow Tomby.
3. Snow Tomby is never liable for any damage that the customer may suffer as a result of using its right of retention of title.

Settlement

1. The customer waives their right to settle any debt to Snow Tomby with any claim on Snow Tomby.

Retention of Title

1. Snow Tomby remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Snow Tomby under whatever agreement with Snow Tomby, including of claims regarding the shortcomings in the performance.
2. Until then, Snow Tomby can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
4. If Snow Tomby invokes its retention of title, the agreement will be dissolved and Snow Tomby has the right to claim compensation, lost profits, and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Snow Tomby unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Snow Tomby has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and they cannot object to late delivery by Snow Tomby.

Delivery Period

1. Any delivery period specified by Snow Tomby is indicative and does not give the customer the right to dissolution or compensation if this period is not met, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of their order from Snow Tomby.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Snow Tomby cannot deliver within 14 days after the customer has urged them to do so in writing or if the parties have agreed otherwise.

Actual Delivery

1. The customer must ensure that the actual delivery of the products ordered by them can take place in time.

Transport Costs

1. Transport costs are at the expense of the customer unless the parties have agreed otherwise.

Packaging and Shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Snow Tomby may not be held liable for any damage.
2. If the customer themselves takes care of the transport of a product, they must report any visible damages to products or packaging prior to transport to Snow Tomby, failing which Snow Tomby cannot be held liable for any damage.

Insurance

1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion, and water damage as well as theft:
   • Goods delivered that are necessary for the execution of the underlying agreement
   • Goods being the property of Snow Tomby that are present at the premises of the customer
   • Goods that have been delivered under retention of title
2. At the first request of Snow Tomby, the customer provides the policy for these insurances for inspection.

Storage

1. If the customer orders products later than the agreed delivery date, Snow Tomby may charge storage costs for every commenced month.

Guarantee

1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Snow Tomby, not result obligations.
2. The warranty relating to products applies only to defects caused by faulty manufacture, construction, or material.
3. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly established.
4. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties, shall pass to the customer as soon as the products have been transferred into the actual power of disposal of the customer.

Exchange

1. Exchange is only possible if the following conditions are met:
   • Exchange takes place within 14 days after purchase against presentation of the original invoice
   • The product is returned in its original packaging or with the original (price) tags still attached to it
   • The product has not been used
2. Discounted items, non-perishable items such as food, custom-made items, or specially adapted items cannot be exchanged.

Complaints

1. The customer must examine a product or service provided by Snow Tomby as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Snow Tomby of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings.
3. Consumers must inform Snow Tomby of this within 2 months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings so that Snow Tomby can respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can, in any case, not lead to Snow Tomby being forced to perform other work than has been agreed.

Notice of Default

1. The customer must provide any notice of default to Snow Tomby in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Snow Tomby (in time).

Joint and Several Customer Liabilities

1. If Snow Tomby enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts they owe to Snow Tomby under that agreement.

Liability of Snow Tomby

1. Snow Tomby is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Snow Tomby is liable for any damage, it is only liable for direct damages arising from or related to the execution of an agreement.
3. Snow Tomby is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
4. If Snow Tomby is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage, the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration Period

1. Every right of the customer to compensation from Snow Tomby shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Snow Tomby imputably fails to fulfill its obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor importance.
2. If the fulfillment of the obligations by Snow Tomby is not permanent or temporarily impossible, dissolution can only take place after Snow Tomby is in default.
3. Snow Tomby has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement, or if circumstances give Snow Tomby good grounds to fear that the customer will not be able to fulfill their obligations properly.

Force Majeure

1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming of Snow Tomby in the fulfillment of any obligation to the customer cannot be attributed to Snow Tomby in any situation independent of the will of Snow Tomby, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Snow Tomby.
2. The force majeure situation mentioned in paragraph 1 also applies – but is not limited to – as flood, fire, theft, pandemic, illness of employees, strikes, lockouts, industrial action, war, terrorism, government measures, import/export restrictions, pandemics, natural disasters, calamities, disruptions in energy supplies, telecommunications, internet or computer software systems, disruptions in transport or travel arrangements, or any other situation beyond the control of Snow Tomby.
3. If a situation of force majeure arises as a result of which Snow Tomby cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Snow Tomby can comply with them.
4. From the moment that a situation of force majeure has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Snow Tomby does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure.

Modification of Agreement

1. If, after the conclusion of the agreement for its execution, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. Snow Tomby reserves the right to unilaterally modify or supplement these general terms and conditions.
3. Minor changes can be made at any time.
4. Major changes in content will be discussed by Snow Tomby with the customer in advance as much as possible.
5. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of Rights

1. The customer cannot transfer their rights deferring from an agreement with Snow Tomby to third parties without the prior written consent of Snow Tomby.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of Nullity or Annullability

1. If one or more provisions of these general terms and conditions prove to be void or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or annullable shall, in that case, be replaced by a provision that comes closest to what Snow Tomby had in mind when drafting the conditions on that point.

Applicable Law and Competent Court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Snow Tomby is established/practices/maintains its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.