General Conditions (GC) of the Online Shop
Quantasia SA – Via Carlo Frasca 3 – 6900 Lugano
Contact / customer service
For questions please contact Quantasia SA, email email@example.com – phone +41 91 960 70 00
Hours: Monday – Friday 09.00 – 17.00
N.B. If there are inaccuracies and / or discrepancies between the various language versions of these general conditions, the Italian version is authentic. Other versions are for information only and have no legal value. By accepting these general conditions, the customer automatically accepts the conditions expressed in the original Italian text.
1. Field of application
The general terms and conditions (hereinafter “GC”) are applied to all products and services ordered through the Quantasia SA online shop www.quantasia.ch (hereinafter the “online shop”).
The online shop reserves the right to modify the GC at any time. The version of the GC is the one in force at the time of the order and this version cannot be changed unilaterally for the order made.
The offer is aimed at all those who order a product or service on the online shop. For products, deliveries are made only to addresses in Switzerland. Additional services subject to charges, such as product shipping costs, are listed separately both in the shopping cart and on the invoice.
The representation of the products or services in the online shop does not constitute a legally binding proposal. Instead, it is an online catalogue. The prices of the products and services are indicated in the individual offer descriptions.
Once the order has been sent, the customer automatically receives a confirmation that documents the receipt of the same by the online shop. After receiving this confirmation, the customer can no longer change the order and is bound by it. The assignment by the customer takes place online with the completion of the order form prepared on the online shop by Quantasia SA which confirms acceptance of the assignment by sending an e-mail message. From this moment on, the order can no longer be cancelled and the contract is deemed concluded.
The online shop is free to refuse orders in whole or in part without being required to specify the reasons. In this case the customer is informed and any payments already made are refunded. Other claims are excluded. Temporarily unavailable products or services cannot be reserved.
4. Conclusion of the contract
In case of purchase of products, the contract is concluded only with the shipment of the ordered products. As soon as the order has been shipped, the customer receives notification by email.
If the subject of the contract is a service (e.g. Quantasia Ateliers or an event), the contract is concluded, without the right of revocation, with the written acceptance of the order by the online shop after payment by the customer.
Prices are in Swiss francs (CHF) and include value added tax (VAT). The price applied is the one indicated in the online shop at the time of ordering. Any additional paid services, such as shipping costs for products are shown separately in the shopping cart and on the invoice.
6. Payment variants
Payments shall be made in Swiss francs.
a) Cash payment
Cash payment is only possible in the case of reservations at the Quantasia SA office.
b) Electronic payment methods
Paypal, Twint, credit cards (Visa, Mastercard and debit cards (Postcard) are accepted as payment methods. Until payment is received, the products in the online shop cart are not reserved and in the meantime they may run out.
Credit card data are not saved in any way but processed directly by the Postfinance “PSP” Payment Service Provider.
c) Purchase by instalment payment
The customer can request an instalment payment option, in this case he must contact customer service and Quantasia SA reserves the right not to accept. The customer cannot claim any instalment payment rights.
7. Events and Quantasia Ateliers
The following provisions are applied to the events (e.g. trainings, Quantasia Ateliers) offered in the Quantasia SA online shop.
a) Promotional offers conditions
Promotional registrations are valid while seats last, assigned in chronological order with respect to the date and time of registration, the contract ends with payment. Upon receipt of the payment by Quantasia SA, a confirmation email will be sent to the customer by Quantasia SA to the email contact provided by the customer. Registration is considered valid even if the contact provided by the customer is incorrect.
b) Participation and assigned seats
Seats are nominative, not transferable to third parties, not exchangeable.
Due to the limited seats, if the event is sold out, the customer will be promptly informed. Quantasia SA reserves the right to propose the dates of future Events and to keep the registration valid for another event. Refunds are not made for non-participation or in case of cancellation at any time. In case of non-participation in the event or in the event that there are no more places available, the customer can participate in one of the subsequent events, provided that it is the same as the event he ordered on the online shop. In this case Quantasia SA will inform the customer promptly.
c) Cancellation and changes by Quantasia SA
Quantasia SA has the right to cancel and / or vary an event in the following cases:
- failure to reach the minimum number of participants required by Quantasia SA.
- causes of force majeure
- fortuitous event
- any sudden unavailability of the trainer/coach of Quantasia SA in the 24 hours prior to the date of the event.
If the cancellation occurs for one of the aforementioned reasons, the entire sum paid for the purchase will be refunded or the customer will have the possibility to participate in the next event.
For no situation, the cancellation may involve the customer requesting damages or additional compensation in addition to the amount paid.
The communication of any cancellations and / or changes will be made as soon as possible by Quantasia SA through the contacts (email and telephone) specified by the customer at the time of purchase on the online shop. Even if there is no possibility of contacting the customer or of a warning close to the execution of the event, only the amount paid will be refunded or the registration will be moved to the next event.
Quantasia SA reserves the right to refuse registration to the event by professionals who carry out an activity similar to that of Quantasia SA. In this case, any payments will be refunded and the registration will be deemed cancelled. Quantasia SA is not required to specify the reasons.
d) Place of the event
For organizational needs and for the purpose of the success of the event Quantasia SA reserves the right to change the place (provided that it is in the same region, e.g. Canton Ticino) or the date of the event, in this case the customer will be informed sufficiently in advance.
The registration fee does not include any travel, food and accommodation expenses and any additional services not specifically expressed.
e) Intellectual property
The intellectual property on the program, on the teaching material and, in general, on all the material relating to the event is exclusive property of Quantasia SA.
The customer has the opportunity to use and reproduce the aforementioned teaching material, if desired, only for personal educational purposes and within his/her family.
The customer is informed that the theoretical contents and the practical methodology applied by Quantasia SA, including but not limited to the Neuro Emotional Education techniques and the SANE® method, are confidential and constitute professional and commercial secret (know-how) of Quantasia SA and of entitled third parties; consequently, the customer accepts not to share or disclose in any way, in whole or in part, the theoretical and/or practical contents of the event. In particular, the customer is prohibited from sharing, reproducing, distributing, communicating to the public, exhibiting in public, representing, reworking, performing and acting in public what has been learned during the event, by any means and format, free of charge or for money. In the event of failure to comply with this provision, the customer will be held liable for compensation for occasional damage.
The customer also accepts (i) to use materials and equipment made available by Quantasia SA with the utmost care and diligence, (ii) to comply with the safety and conduct rules laid down by Quantasia SA and the host of the event, (iii) to avoid taking video and/or audio recordings as indicated below (point f).
If the customer commits the aforementioned violations, Quantasia SA will have the right to withdraw or have the illegal copies, registrations, photographs and filming destroyed, remove and/or no longer admit to any event organised by Quantasia SA the customer is responsible for the aforementioned violations, except in any case the right to proceed legally against the aforementioned responsible.
f) Video or Audio Recordings
The customer is not authorised to make video or sound recordings during the event.
g) Declaration of consent
The customer confirms that he has read and accepted the declaration of consent when registering for the event.
8. Digital products
The following provisions are applied to digital products offered in the Quantasia SA online shop.
a) Ordering / Execution of the contract
After submitting the order for a digital product, the customer automatically receives an order confirmation with a link where he/she can download the purchased product with the detailed download guide. The contract is valid immediately from the moment the order is sent.
b) Replacement and return
Digital products are neither replaceable nor returnable.
Quantasia SA declines all responsibility in case of insufficient system requirements, wrong terminals or incorrect installations.
d) Rights of use
All digital products offered can only be used for private and non-commercial purposes. Any other use represents a violation of copyright. The production of copies for sale, commercial rental or public transmission is prohibited.
To purchase a digital product, the customer receives the simple, non-exclusive, non-transferable or non-sublicensable right to use the title in the manner provided from time to time. Quantasia SA reserves the right at any time to limit or temporarily or permanently stop access to the download.
9. Delivery date
The delivery times indicated in the online shop are not binding. They start from the moment of receipt of the payment, the date on which the customer is bound to purchase.
The confirmation of receipt of the order indicates a provisional delivery date for the customer. There is no right of cancellation in case of delay in delivery.
If the products are delivered with evident damage to the packaging or content, the customer must immediately set a complaint at the Quantasia SA client service. All transport damage must also be reported immediately to the online shop.
It is up to the customer to immediately check the products ordered and report any defects in writing within 3 days of receiving the goods. After this deadline, only hidden defects can be asserted. Defective products must be returned immediately along with the proof of purchase.
11. Retention of title
Quantasia SA retains full ownership of the items purchased by the customer until the customer has fulfilled all the related obligations, in particular until the total payment of the price.
12. Protection and processing of personal data
The online shop draws attention to the fact that the data provided at the time of the conclusion of the contract are recorded, processed and used only to fulfill the obligation deriving from the purchase contract. The collection and processing of data takes place in accordance with the Federal Data Protection Act (LPD). Customer data are protected with appropriate measures and kept confidential. The use of data by Quantasia SA occurs only for the execution of the service.
The customer expressly consents to the processing of his personal data, in accordance with the provisions of this agreement.
The data necessary for the provision of the service and for the fulfilment of the contract can also be transmitted to partners (e.g. logistics partner, service partner, collection office), and in particular to partners who are located in countries that do not have of data protection legislation equivalent to that under Swiss law. The customer, by approving these GC, declares to accept this use of the data.
The ineffectiveness of individual provisions of these GC and of supply does not affect the effectiveness of the remaining provisions. Instead of the ineffective provision, a new provision enters into force whose intent is as close as possible to the original content.
14. Applicable law and jurisdiction
The legal relationship between the online shop and the customer is subject to Swiss material law, excluding the rules of private international law and the Vienna Convention on the international sale of goods. The place of jurisdiction is Lugano.