Terms and Conditions
Last updated: January 12, 2023
Scope and validity
- These General Terms and Conditions apply to all business between the parties in as much as and so far as the parties have made no other written agreements. This concerns principally the order and sale of Services via the online-shopping platform of Cubisma GmbH.
- The General Terms and Conditions are an integral part of all contracts, quotations, order confirmations and appointment bookings.
Conclusion of the contract
- All offers of Cubisma GmbH are without obligation. The conclusion of the contract comes into effect with the payment of the order by the customer and its reception by Cubisma GmbH. The transmission of the order takes place online via the form of Cubisma GmbH available on the internet or via e-mail according to the address on the website www.cubisma.ch.
- Cubisma GmbH accepts the order by the execution of the Service, when the minimum number of participants mentioned in the offer has been reached. If not, the cancellation fee policy is applicable.
- The payment is to be made before the realization of the Cubisma GmbH Services offered for individuals.
- The customer can pay by bank transfer or through Paypal services.
- A Service purchased online cannot be refunded, also partly, except in case of force majeure (see below).
- The customer has the right to change the purchased Service, i.e. to choose the same Service occurring at another date. In this case a surcharge of CHF 50.00 will be invoiced before the realization of the new Service chosen.
- In the case the number of applicants for a specific group Service is deemed insufficient by Cubisma GmbH, Cubisma GmbH has the right to cancel the Service in part or fully before commencement of the Service. In this case, Cubisma GmbH is free to agree with the customer to (i) reschedule the Service to a different time and location or (ii) to cancel the specific Service and to reimburse the customer for the already paid fees for the cancelled Service. However, Cubisma GmbH is not liable for any costs or damages incurred by the customer in relation to the cancellation.
- Force Majeure are contingencies beyond the control of the parties which were unforeseeable at the time of conclusion of a contract and which render the further performance of the contractual obligations impossible or unreasonably difficult, as for instance fire, explosion, natural disaster, epidemics, mobilisation, requisition, war, insurrection, embargo, boycott, lack of transportation and the like
- The customer is not allowed to remove or change any notifications regarding copyright, brands, or other rights from the supplied product.
- Cubisma GmbH (and/or its instructors) retain all copyrights and rights of intellectual property on the offers, supplied designs, teaching materials, homework assignments, exam or certificate assignments, pictures, models, etc.
- The rights on the materials mentioned above remain property of the Cubisma GmbH regardless of any costs that might have incurred to the customer during the manufacturing of these materials. The information may not be copied, used or showed to third parties without the prior written consent of Cubisma GmbH. The customer owes CHF 25 000.00 for each time this term is violated. This does not diminish the right of Cubisma GmbH to pursue full compensation in case of damages.
- If one or more points of these general terms and conditions of business cannot be implemented, this shall not result in the non-observance of the entire contract. The points that are not applicable are regulated by the legal provisions.
- This contract shall be exclusively governed by Swiss law.
- The place of jurisdiction is CH-3110 Münsingen, Switzerland.