Terms and conditions – Participants - Kraft Your Life

INTRODUCTION

The platform /kra:ft/ (www.kraftyourlife.com) (/kra:ft/ or the Platform) intends to connect artists and artisans (the Organiser) and potential participants (the Participant, you) to book online workshops organized by the Organiser.
/kra:ft/ has been developed and is operated by Kraft Your Life Sàrl, a limited liability company under Swiss law with headquarters in Fribourg (Kraft Your Life or us).
You expressly so declare, and prior to the use of /kra:ft/, having read and unreservedly accepting these terms and conditions (the Terms and Conditions) and the terms of use of the Platform (the Terms of Use & Privacy Policy), and all documents that form part.
You have the option to save or print these Terms and Conditions, provided that both saving and printing this document are solely your responsibility.
We reserve the right to modify or adapt at any time and without notice these Terms and Conditions for any reason, including bringing them into compliance with legal and regulatory provisions. We invite you to consult regularly and before Booking Request (as such term is defined below). However, the conditions applicable to each Contract shall be those in effect on the day of your Booking Request (as such term is defined below).

These Terms and Conditions are written in French and English. In case of discrepancy, the French version shall prevail.

TERMS AND CONDITIONS

Article 1: Purpose

These Terms and Conditions are intended to define the terms and conditions of the contract between you and the Organiser regarding any workshop booked through the Platform (the Contract), and the terms of our intervention in this regard.

Article 2: Contract

The Contract is concluded between, on one hand, you and, on the other hand, the Organiser.
SUBJECT TO THE CONTRARY IN THESE TERMS OF USE OR OTHERWISE TO OUR AGREEMENT PURPOSELY TO THE CONTRARY, WE WILL NOT BE A PART OF THE CONTRACT AND ASSUME NO OBLIGATIONS OF THE ORGANISER (EG. OBLIGATION TO PROVIDE THE WORKSHOP, TO TAKE APPROPRIATE SAFETY MEASURES, ETC.) WE DO NOT WARRANT THAT AN ORGANISER CONCLUDS SUCH A CONTRACT OR WHETHER HE IS AUTHORISED TO DO SO OR WILL COMPLY WITH ITS OBLIGATIONS UNDER SUCH CONTRACT.

As part of the Platform, we intermediate as direct representative of the Organiser: we perform certain acts and make some calls in the name of and on behalf of the Organiser, eg. send a Booking Confirmation, declining a Booking Request, mediate between you and the Organiser, collect the payment of the course on behalf of the Organiser, etc..

Article 3:Conclusion of a Contract

The conclusion of a contract is accomplished using the following procedure:

  1. dedicated page and invitation to make an offer
    You can book a course posted on /kra:ft/.
    Each course is subject to a dedicated page on the Platform which describes the essential characteristics of the course (date and place, purpose, schedule, price, etc..) (information on such page, the Dedicated Page) .
    The information contained on Dedicated Pages do not represent offers as defined in Article 1 of the Swiss Code of Obligations, but merely invitations to participants to make offers to the Organiser.
  2. Payment
    In principle, you can only validate a booking by paying for the related course. In any case, the payments cannot be considered as a deposit.
  3. Booking Request
    At the end of the booking process, you will confirm your reservation by clicking on the “confirm booking” button or similar button.
    By confirming your reservation, you will be deemed to make an offer to conclude the Contract, according to the terms and conditions listed on the summary page thereto (such offer, the Booking Request).
  4. Booking Confirmation and conclusion of Contract
    After receiving your Booking Request, unless contraindicated by the Organiser, you will receive an email confirmation summarizing the terms and conditions of the course (the Booking Confirmation). The Contract shall be deemed to be made by sending the Booking Confirmation.
    Please note that the Organiser reserves the right to refuse any Booking Request and thus not conclude the Contract, for any reason whatsoever (including, if there is no availability).

Article 4: Contract Documents

The Contract is formed by the following contractual documents, presented in descending hierarchical order:

  • the Booking Confirmation;
  • the Booking Request;
  • information on the Dedicated Page; and
  • these Terms and Conditions.

In case of conflict between these documents, the provisions of the document with superior hierarchical order prevail.
Note that the images on the website do not have contractual value.

Article 5: Price

You will pay the price of the course, according to the information on the Booking Confirmation, especially in the currency specified therein.
Unless we indicate otherwise, the prices listed on our platform:

  • are inclusive of all taxes;
  • Include in principle the necessary equipment and workshop materials. Otherwise, the additional costs for equipment and materials that must be paid at the time of the workshop is detailed on Page Dedicated or on the Booking Confirmation;
  • Do not include travel, accommodation and catering.

The Organiser reserves the right to modify its prices at any time without notice, it being understood that such modification will apply, as appropriate, only to Booking Requests placed after the posting of such modification on the Dedicated Page.

Article 6: Payment

To pay the price of the course, you can use as you wish one of the payment methods offered on our Platform. By placing your Booking Request, you guarantee that you have the necessary permissions to use the payment method chosen by you and that the payment will be honored.
Any workshop booking may be suspended in case of refusal to authorize payment by credit card by certified organizations.
We also reserve the right not to respond to any Booking Request from a Participant with whom a dispute is ongoing or has violated any of its obligations towards us or in respect of an Organiser.

Article 7: Amendments and cancellation of the workshop

  1.  Course Content and changes
    The Organiser undertakes to use its best efforts to provide a course in accordance with the Contract.
    He will have the right to make minor changes to reflect participants’ requests or other external factors such as weather conditions, etc.. You agree to accept such minor adaptations.
    If the workshop cannot be provided without substantial adaptation, for example whether it should be postponed to another date, or if its contents must be changed significantly, we will notify you as soon as possible. You can either:
    – accept the proposed changes; or
    – receive a credit of the amount paid for the purchase of another workshop; or
    – get reimbursed for the workshop.
  2. Group size -. Minimum number of participants
    Some workshops are subject to the condition of a minimum number of participants involved. This number varies from one workshop to another and is shown in the Dedicated Page. The mention of this condition on the Dedicated Page means that the Organiser may cancel the workshop, without penalty, if the minimum number of participants is not reached at least 7 days before the scheduled date for the workshop. In case of cancellation of a workshop for this reason, you can either:
    – receive a credit of the amount paid for the purchase of another workshop; or
    – get reimbursed for the workshop.
  3. Cancellation by Kraft Your Life
    Kraft Your Life reserves also the right to cancel a workshop for any reason whatsoever.
    If necessary, you can either:
    – receive a credit of the amount paid for the purchase of another workshop; or
    – get reimbursed for the workshop.
  4. Cancellation by the Participant
    Without prejudice to the rights enshrined in Articles 7.1 to 7.3, you can cancel a workshop the following conditions:
    – If cancellation is received at least 20 days before the start of the workshop, on payment of 30% of the price of the workshop;
    – If cancellation is received between the 11th day and the 20th day before the beginning of the workshop, on payment of 60% of the price of the workshop;
    – If cancellation is received less than 11 days before the start of the workshop, on payment of 100% of the price of the workshop.
    The Participant shall not be entitled to any refund if he/she does not attend the workshop or decides to shorten it.
  5. Promotion Code
    Promotion codes are available for sale on /kra:ft/. These prepaid amounts may be deducted from the final amount when making a reservation and are valid for 12 months from the date of issue. The day of booking the workshop at the time of his/her choice, depending on availability, the beneficiary write in in the space provided for this purpose the code he/she received by email. If the price is higher than the amount of the promotion code, the Participant will pay the balance when booking. If the chosen workshop price is less than the amount of code promotion, the Participant will receive a credit towards another workshop. In case of loss of its promotion code or non-use due, there will be no refund.

Article 8: Guarantees and Responsibility of Participant

In entering into the Contract, you acknowledge not being affected by any illness, disability, allergy making incompatible the smooth running of the workshop with your health.
You further agree to comply with the instructions of the Organiser, including the safety instructions.
Any activity you may develop that would not fit within the framework of the workshop will not engage the responsibility of the Organiser.
It is your responsibility to check that you are covered personally by insurance for the selected activity, including the following risks: assisting people and medical expenses, insurance in case of accident, repatriation, cancellation insurance, liability, etc..

Article 9: Claim and payment of the Organiser

Any claim relating to a workshop (eg. Cancellation of the workshop or not in accordance with Contract workshop) and any claim must be notified to us within 2 days from the last day of the workshop to the email address specified in section 11 below.
In the absence of such notification within the aforesaid period, you will be deemed to be satisfied with the workshop, not require any refund of the price paid and allow us to pay the price of the workshop to the Organiser less our commission.
If notified within the above period claim, we will keep the price of the workshop until the dispute is resolved, including through the courts.

Article 10: Personal Data

The personal data you provide will be treated in accordance with our privacy policy available at the following link: www.kraftyourlife.com/en/terms/

Article 11: Contact

Any application, notification or complaint about the Contract shall be made by mail or e-mail and addressed to the attention of the Organiser at the following address:

Name of Organiser
p.a. Kraft Your Life Sàrl
Customer Service
The Coutset 18
1485 Nuvilly
Switzerland
e-mail: client@kraftyourlife.com

Article 12: Miscellaneous

  1. Severability
    If any provision of the Contract and its annexes (including these Terms and Conditions) should be declared invalid or unenforceable for any reason, it must be, to the extent possible, adapted rather than canceled in order to best comply with the parties’ intention. In all cases, all other provisions of the Contract and its annexes (including these Terms and Conditions) shall remain valid and enforceable to the extent that they are compatible.
  2. Waiver
    The waiver by either party to enforce its rights as a result of a breach by the other party of any of its obligations shall not be deemed a waiver of its rights in respect of a subsequent breach.
  3. Applicable Law
    THE CONTRACT AND ITS ANNEXES (INCLUDING THESE TERMS AND CONDITIONS) ARE SUBJECT TO THE LAWS OF SWITZERLAND, EXCLUDING OF RULES OF PRIVATE INTERNATIONAL LAW.
  4. Jurisdiction
    ANY DISPUTE RELATED TO THE CONTRACT AND ITS ANNEXES (INCLUDING THESE TERMS AND CONDITIONS) WILL BE THE EXCLUSIVE JURISDICTION OF KRAFT YOUR LIFE HEADQUARTERS. AN APPEAL TO SWISS FEDERAL COURT IS RESERVED. ANY OTHER JURISDICTION RECOGNIZED BY THE LAW IS RESERVED.

Date: March 30th, 2015

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