General Terms and Conditions
the non-profit and regenerative SONQO CIRCULAR CULTURE, which is made up of two organizations:
SONQO ASSOCIATION
Buonaserstrasse 30
CH-6434 Rotkreuz
+41-79-705-49-85
and
SONQO.SHOP GMBH
Buonaserstrasse 30
CH-6434 Rotkreuz
+41-79-705-49-85
The association is referred to below as VS for short, while SONQO.SHOP GMBH is referred to as SG. If both organizations are meant, then this will be referred to as SONQO.
Thank you very much for your interest in SONQO!
The satisfaction of our members and customers is particularly important to us. For this reason, SONQO informs its members and customers of their rights and obligations within the framework of these General Terms and Conditions of Business and Events (hereinafter referred to as “GTC”).
SONQO offers a wide variety of events (hereinafter: events), teacher certification and training programs (hereinafter: programs), memberships (hereinafter: membership) as well as online events or courses and online products (hereinafter: digital content) on the website www.sonqo.org. The following GTC apply to all contracts that SONQO concludes with its customers (hereinafter: contractual partners).
For better readability, the masculine form is used exclusively in these GTC. However, we would like to expressly state that this refers to all genders. SONQO stands for an inclusive circular culture. Regardless of origin, gender, culture and religion, all constructive and respectful people are equally welcome at SONQO.
1. subject matter and scope of application
1.1. Subject to Section 1.3, the following terms and conditions apply exclusively to the events and programs offered by SONQO, as well as to membership and digital content. The currently valid version of these Terms and Conditions can be accessed and saved at any time at www.sonqo.org. Any terms and conditions of the user’s own or that deviate from these Terms and Conditions are excluded from contracts between SONQO and the contracting party.
1.2. The contracting party’s terms and conditions do not apply.
1.3. The following terms and conditions apply to all events, programs, or digital content offered at www.sonqo.org where the organizer is also the provider.
2 Conclusion of contract and prices
2.1. By placing an order (clicking the “Place Order” or “Pay Now” button), the contracting party confirms a binding reservation. A reservation made by phone or email, or an expression of intent to purchase made by phone or email, is also binding.
2.2. Before the contracting party submits a binding contract offer, the total costs are displayed on the website. Unless otherwise specified, the total costs for events do not include travel, lodging, and meals.
2.3. Unless otherwise specified, all payments are due in full within five days of receipt of the payment request. SONQO has the right, but is not obligated to cancel the booking of an event or program or to withdraw from the contract for the sale of a membership or digital content if the contracting party fails to pay the total or partial amount due for the booking or purchase by the specified due date. In the event of such a cancellation of an event or program booking by SONQO, cancellation fees shall be due in accordance with Section 4.1 of these Terms and Conditions. Alternatively, SONQO reserves the right to demand payment of the corresponding total amount even if the contracting party does not participate in a booked event or program. Likewise, SONQO reserves the right to demand payment of the corresponding total amount even if the member does not take advantage of the benefits of membership or does not consume the purchased digital content.
2.4. Payment shall not be deemed to have been made until the funds have been irrevocably credited to SONQO’s account. In the event of default, default interest at a rate of 4% per year shall be deemed agreed. SONQO may charge a reminder fee of CHF 20 or EUR 20 per reminder. SONQO is entitled to claim damages incurred by SONQO and attributable to the contracting party, in particular the necessary costs of appropriate out-of-court collection or recovery measures, provided these are proportionate to the claim being pursued. Late payments will first be applied to collection fees, then to interest, and finally to the outstanding principal.
The contractual partner may not set off any alleged counterclaims against claims by SONQO.
3. compensation and warranty
3.1. Unless otherwise specified in Section 2.4, each contracting party shall be liable for damages resulting from a culpable breach of contract—whether caused by the party itself or by a vicarious agent—only in cases of willful misconduct or gross negligence. This does not apply to personal injury.
4. right of withdrawal for events
4.1. In general, the contracting party has no right of withdrawal for contracts regarding events, as these involve a service related to recreational activities that SONQO is required to provide at a specific time. However, SONQO grants the contracting party the right to cancel in accordance with the respective seminar-specific cancellation terms specified individually for each event at www.sonqo.org. In the event that no seminar-specific cancellation terms are specified, the following conditions apply: In the event of a cancellation, the contracting party will be charged a cancellation fee as specified in more detail below. If the total event amount—which consists of the tuition fee and, for in-person events, any costs for lodging and/or meals—or a portion thereof has already been paid prior to the cancellation, the payment will be refunded minus this cancellation fee:
If the cancellation is received 120 days or more before the (first) event date: no cancellation fee. If the withdrawal is received less than 120 days but more than 29 days before the (first) event date: 15% of the total event fee. If the withdrawal is received less than 30 days but more than 6 days before the (first) event date: 50% of the total event fee. If the withdrawal is received less than 7 days before the (first) event date: 100% of the total event amount.
4.2. The contracting party may cancel by sending an email to info@sonqo.org.
4.3. SONQO reserves the right to cancel contracts for event participation without providing a reason.
4.3.1. If the event booked by the contracting party takes place but SONQO withdraws from the contract regarding the contracting party’s participation in the event (in other words, cancel the contracting party’s registration for this event), SONQO will immediately refund to the contracting party any payments made toward the total event cost. Reimbursement for travel expenses or other costs incurred by the contracting party in connection with the event is entirely excluded.
4.3.2. Should the entire event booked by the contracting party be canceled for any reason whatsoever, the following conditions apply:
If the contracting party has already paid the total event fee or a portion thereof, that amount will be refunded, minus the cancellation fee charged to SONQO by the event venue per booked participant. However, if this cancellation fee exceeds the partial payment already made by the contracting party, the contracting party will be billed for the difference.
If the contracting party has not yet made any payment for the booked event, the contracting party will be billed for the cancellation fee charged to SONQO by the event venue operator per booked participant.
Reimbursement for travel expenses or other costs incurred by the contracting party in connection with the event is, in any case, entirely excluded.
5. event regulations
5.1. At events, the contracting party is strictly prohibited from making any recordings. All video and/or audio recordings, regardless of the medium, are therefore prohibited without SONQO’s written consent. For this reason, SONQO is also entitled to exclude any contracting party who violates this prohibition from the event without compensation.
5.2. The content presented during an event and all materials that the contracting party receives in connection with an event are protected by copyright. The contracting party is granted the right to use the content and all materials exclusively for personal purposes. The contracting party is therefore prohibited from reproducing, distributing, publishing, or disclosing the materials, in whole or in part, as well as from publicly performing, displaying, or teaching the content or parts thereof—in particular the methods, practices, and techniques taught by SONQO.
5.3. In general, individuals who have not yet reached the age of 18 are permitted to attend an event. However, a request to this effect may be submitted to info@sonqo.org. If, in individual cases, an event is approved for those under 18, written consent from a parent or legal guardian is required for participation.
5.4. The events offered by SONQO are physically and mentally demanding. The contracting party participates in the events at their own risk and, by making a reservation and accepting the Terms and Conditions, declares that they are mentally and physically fit to participate in the event. Should a single exercise or an entire event exceed the contracting party’s mental and/or physical capabilities, the contracting party must, at their own discretion, discontinue the exercise or withdraw from the event. Should the contracting party fail to fulfill this obligation, SONQO’s liability is entirely excluded. In this case, a refund of the participation fees is excluded.
5.5. By booking an event and accepting the Terms and Conditions, the Contracting Party authorizes SONQO to take photographs, video recordings, and audio recordings (“Recordings”) of the Contracting Party as part of the event. In addition, the contracting party authorizes SONQO to use, publish, and edit all Recordings at its sole discretion for training and promotional purposes, in particular on SONQO’s websites and social media channels. The contracting party agrees that SONQO owns all rights of any kind to the Recordings, which the contracting party assigns to SONQO without compensation, and that the contracting party may no longer assert any claims in this regard.
6. membership regulations
6.1. SONQO offers a membership in the “SONQO friends” category on its website at www.sonqo.org. Through this membership (CHF or EUR 100), the contracting party becomes an extraordinary member of SONQO (“Membership – Friends of SONQO”) without voting or other rights relating to the SONQO association and its operations. This associate membership includes only the right to receive the benefits described on www.sonqo.org under the “Membership” section (“Friends of SONQO”) or specifically mentioned in event announcements.
6.2. Membership (“Friends of SONQO”) begins when SONQO confirms receipt of payment. Membership is automatically renewed for one year at the end of the year. Written notice of cancellation via email (info@sonqo.org) must be submitted by September 30 at the latest for the respective following year. Otherwise, the full annual membership fee for the following year will be due.
6.3. SONQO reserves the right to terminate membership agreements at any time without providing a reason. In such cases, SONQO will immediately refund to the contracting party any payments made for membership during the respective calendar year.
6.4. SONQO offers a sponsorship program in the “SONQO Supporter” category on its website at www.sonqo.org. Through this sponsorship (with a contribution of CHF or EUR 500 or more), the contracting party becomes an extraordinary member of SONQO (“Membership – Friends of SONQO”) without voting or other rights pertaining to the SONQO association and its operations. This associate membership includes only the right to receive the benefits described on www.sonqo.org under the “Supporters of SONQO” section or specifically mentioned in event announcements.
7. digital content
7.1. SONQO offers two different formats of digital content for purchase on its website www.sonqo.org: online events or courses (hereinafter referred to as “online events”) and online products. Online events are events that are conducted live via an online platform rather than at a physical location. Online products are digital files (video or audio files, as well as any digital teaching materials) that are accessible online via our website www.sonqo.org after purchase. It is not possible to download video or audio files.
7.2. All digital content, as well as the teachings conveyed through such content, are protected by copyright. The contracting party is granted the right to use the digital content exclusively for private purposes. The contracting party is therefore prohibited from recording, reproducing, distributing, publishing, or sharing the digital content, in whole or in part, as well as from publicly performing, displaying, or teaching the content or parts thereof—in particular the methods, practices, and techniques taught by SONQO.
7.3. The instructions provided in the digital content are physically and mentally demanding. The contracting party accesses the digital content at their own risk, performs the exercises shown at their own risk, and declares that they are mentally and physically capable of doing so. If an individual exercise or the digital content as a whole exceeds the contracting party’s mental and/or physical capabilities, the contracting party must, at their own discretion, discontinue the exercise or cease using the digital content. Should the contracting party breach this obligation, SONQO’s liability is entirely excluded. In this case, a refund of the fees paid to SONQO is excluded.
7.4. After the contract is concluded, the contracting party has no right to withdraw from the contract for the purchase of digital content (right of withdrawal).
7.5. As a general rule, individuals under the age of 18 are not permitted to purchase digital content. However, a request may be submitted to info@sonqo.org. If, in individual cases, the purchase of digital content is permitted for individuals under the age of 18, written consent from a parent or legal guardian is required.
7.6. The Contracting Party authorizes SONQO to make video, audio, and screen recordings (“Recordings”) of the Contracting Party as part of an online event. In addition, the Contracting Party authorizes SONQO to use, publish, and edit all Recordings at its sole discretion for training and promotional purposes, in particular on SONQO’s websites and social media channels. The Contracting Party agrees that SONQO owns all rights of any kind to the Recordings, which the Contracting Party assigns to SONQO without compensation, and that the Contracting Party may no longer assert any claims in this regard.
8. program regulations
8.1. SONQO offers teacher certification and continuing education programs (“Programs”) on its website at www.sonqo.org. Note: The same terms and conditions apply as those listed in Sections 6 and 7.
8.3. SONQO reserves the right to withdraw from contracts regarding participation in programs at any time without providing a reason. In such cases, SONQO will immediately refund to the contracting party any payments already made for program participation.
9. liability
9.1. The contracting party waives any and all claims and/or demands against SONQO and releases SONQO from any liability for damages, unless such damages are attributable to willful misconduct or gross negligence. Likewise, the contracting party releases SONQO from any liability for accidents caused by failure to follow instructions or by providing false information regarding their physical condition. Furthermore, the contracting party releases SONQO from any liability for damage to their valuables caused by third parties and/or for injuries caused by other participants.
The events, programs, and digital content do not constitute medical advice and are not intended to replace a medical examination and/or treatment.
10 Place of jurisdiction and place of performance
10.1. Any legal disputes arising from this contract shall be governed exclusively by Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods, the conflict-of-laws provisions of the IPRG, and Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I Regulation) is excluded.
10.2. To the extent permitted, the place of jurisdiction for legal disputes arising from this contract shall be the court with subject-matter jurisdiction in Vienna, Austria. The place of performance is Vienna.
11. final provisions
11.1. SONQO is listed with the alternative dispute resolution bodies “Online Dispute Resolution” (https://webgate.ec.europa.eu/odr) and “Internet Ombudsman” (www.ombudsmann.at). If the contracting party is a consumer, they have the option on the aforementioned platforms to seek out-of-court dispute resolution through an impartial arbitration body. SONQO’s email address is: info@sonqo.org.
11.2. Any amendments or additions to these Terms and Conditions must be in writing to be effective. This also applies to any waiver of the written form requirement.
11.3. If any provision of these Terms and Conditions is found to be legally invalid, the remaining provisions and the underlying contracts shall remain in full force and effect. The parties are obligated to replace the invalid provision with a valid provision that most closely reflects its intent and purpose.
General terms and conditions of the webshop
of sonqo.store gmbh, Buonaserstrasse 30, CH 6343 Rotkreuz
Can be reached by phone at +41 (0)79-705-49-85 or by email at shop(at)sonqo.org
Management: Ángel Herrera
(hereinafter referred to as “we”).
These General Terms and Conditions (hereinafter “GTC”) apply to all orders (online, by phone, or by mail) placed directly with sonqo.shop gmbh—(hereinafter “sonqo Shop”)—for all services provided on the Marktzugang platform, as well as for use in Switzerland, the Principality of Liechtenstein, and the European Union (hereinafter “EU”).
Users of the sonqo Shop include individuals and organizations that order products (hereinafter “Customers”), individuals and organizations that offer projects on the Marktzugang platform (hereinafter “Project Owners”), and individuals and organizations that provide conceptual or material support for the projects offered on the Marktzugang platform (hereinafter “Supporters”).
12. scope of application
We provide our deliveries and services in the sonqo store exclusively on the basis of the following GTC. The version of the GTC valid at the time of the order is authoritative. We reserve the right to update these GTC if necessary. By using our websites, users give their consent to the current GTC. Use is deemed to have taken place when sonqo is called up in an Internet browser.
13 Offer, conclusion of contract and fulfillment of contract
The national provisions on the purchase contract and other relevant laws and regulations apply. In Switzerland, this is in particular the Swiss Code of Obligations (OR):
In the sonqo store
Our price lists, brochures and publications on the sonqo store and in our electronic media are non-binding and subject to change.
The contract is concluded upon acceptance of the order. The detailed order conditions including various discounts, special shipping conditions and the detailed revocation policy can be found on the respective subpages, accessible via the menu at the bottom of our website.
The following conditions apply to discounts:
- Discount codes are not cumulative
We are entitled to withdraw from the contract in cases of obvious typing and invoicing errors.
Our confirmation is decisive for the scope and execution of the order. Unless otherwise expressly agreed or evident from the nature of the transaction, benefit and risk shall pass to the customer upon dispatch of the goods from our warehouse. The goods remain our property until full payment has been made.
Deliveries, products or services requested by our customers that are not included in our offer will be invoiced by us.
14. right of return / right of withdrawal
Customers have the right to return the goods within 14 days of delivery of the goods. The right of return is exercised by returning the goods; no justification is required.
After receipt of the goods, we will refund the customer the purchase price including delivery costs within 14 days of receipt of the withdrawal notification. Refunds will be made by crediting the customer’s account using the payment method originally selected. The customer shall bear the costs of the return shipment.
A deduction from the purchase price to be refunded or an invoice for possible damage, excessive wear and tear or goods already consumed remains reserved. No deduction shall be made if the loss in value or consumption of the goods is due to handling of the goods necessary to establish their nature, condition and functionality.
Supporters are entitled to revoke a payment within 5 working days by written notification to sonqo, Buonaserstrasse 30, 6343 Rotkreuz, Switzerland, without giving reasons. Repayments are made by crediting the supporter’s account using the payment method originally selected. Repayments will be made within 30 days.
If a funding target is not reached, this does not constitute a right of withdrawal on the part of the supporter. It is at the discretion of the project owner whether a project can still be carried out or whether a repayment should be made to the supporters.
15. prices & resale
THE PRICES are quoted in Swiss francs (CHF) in the Swiss webshop and in euros (EUR) in the European webshop. The prices are inclusive of statutory sales tax.
In addition to the prices stated, shipping costs may apply depending on the delivery address, quantity of goods and item. The exact shipping costs are displayed to the customer during the ordering process. There are no further costs for delivery. From an order value of CHF or EUR 150, there are no shipping costs. sonqo reserves the right to change this amount. The value stated in the current GTC applies in each case.
RETAILERS: For a limited selection of products there is a price list for resellers, which can be obtained from us. By accepting the terms and conditions, resellers also agree to always adhere to the minimum sales price. The minimum selling price is given by the regular price of the smallest order unit of the respective product in the sonqo webshop. The minimum selling price is also to be understood for resellers including VAT and shipping costs. A higher sales price than the regular unit price is possible at any time.
16. terms of delivery
Delivery is only made to delivery addresses within Switzerland, the Principality of Liechtenstein and to countries that are members of the EU. This also applies to commercial customers.
Unless otherwise stated in the offer, the standard delivery time is 3-7 working days. If the maximum delivery time of 14 working days is exceeded, the customer has the right to withdraw from the contract.
If not all products ordered are in stock, we are entitled to make partial deliveries. The customer shall not incur any additional costs as a result of partial deliveries. Any deadlines shall only commence upon receipt of the last partial delivery.
IMPORTANT: If the delivery of perishable goods is the subject of the delivery contract, the following applies: The customer shall ensure the acceptance of perishable goods by taking suitable precautions, for example by accepting the goods himself or by instructing a person to accept them at the specified delivery address.
Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded.
17. deposits and withdrawals and terms of payment
Payment is made by invoice, credit or debit card or forwarding via an e-payment gateway to a payment provider. We reserve the right to exclude payment by invoice in individual cases or for new customers.
Credit balances from advance payments or returns will be transferred to users as soon as we have the necessary account details. Credit balances from previous business transactions shall be deducted directly from the invoice. Offsetting against counterclaims that are not recognized or have not been legally established is excluded.
We hand over unpaid claims to an external debt collection agency after unsuccessful reminders.
The payments collected from supporters on behalf of the project owner are paid out by us to the project owner on completion of the project. This payment is usually made within 30 days of the completion of the project.
18. copyright
The copyright and all other rights to content, images, photos or other files on the website belong exclusively to sonqo.store gmbh or the specifically named rights holders. The written consent of the copyright holders must be obtained in advance for the reproduction of any elements.
19 Special obligations of users
The user undertakes not to misuse our services, in particular:
- not to disseminate any illegal material or information (e.g. pornographic, racist, inciting or comparable content).
- not to introduce any data into the system that contains a computer virus or other harmful software and could damage our hardware and software.
- not to publish any data that is protected by copyright unless the user has the rights to use it.
The user also undertakes to indemnify us against any costs, legal action, damages, losses or other claims that we may incur as a result of his/her registration or participation in our services.
The user is obliged to treat information about other users confidentially and only make it accessible to third parties with the express prior consent of the sender. This applies in particular to names, telephone and fax numbers, address data, e-mail addresses and URLs.
By providing content, the project owner grants us a non-exclusive, worldwide, perpetual and free right to use the project information. The project owner grants us the right to store this project information (texts, images, videos), to publish it and to pass it on to third parties for publication if this passing on serves to promote the project, the project owner or us. We are entitled to use or pass on the project information in its entirety or in modified form, alone or in combination with our own content.
20. liability
All offers are subject to change and non-binding. We reserve the right to change, supplement or delete parts or the entire product range or parts or the entire service without prior notice or to discontinue publication temporarily or permanently.
Liability regarding the delivery of products from the sonqo store:
We shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for breach of a material contractual obligation. Liability for slight negligence is limited to damages foreseeable at the time of conclusion of the contract, the occurrence of which must be regularly expected, with the exception of damages to life, body and health.
We accept no responsibility for products supplied on behalf of project owners as part of a “test delivery” in a market access project. The responsibility for these deliveries remains with the project owner, even if we assume an advisory function for him.
If a product is damaged or spoiled, we will take it back within 14 days and send a replacement at our expense, provided that the product has been handled in accordance with the instructions in the webshop. If this is not possible, the customer has the right to cancel the purchase or reduce the purchase price.
If the customer resells the products, he is responsible to the buyer, us or third parties for compliance with domestic and foreign food trade regulations and other laws such as export regulations and is solely liable for any damage. The provisions of the Product Liability Act remain reserved.
Liability with regard to the services of the Market Access platform and the websites:
We assume no responsibility or liability for the timeliness, accuracy, completeness or quality of the information provided by the project owner or for the possible misuse of information.
Any liability for economic, physical or immaterial damage resulting from the use of the Market Access platform is expressly excluded.
We are not liable for the unauthorized misuse of user data by third parties.
We are not liable for references and links to third-party websites. Any responsibility for such websites is rejected. Access to and use of such websites is at the user’s own risk. Should we become aware of a link to a website with illegal content, we will remove the link in question as quickly as possible.
21 Final provisions
Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions and the validity of the contract as a whole. The invalid provision shall be replaced by the parties with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes in the contract.
These GTC and all other agreements between the user and us shall be governed exclusively by Swiss law, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zug (CH).
Where the national law at a user’s place of residence does not permit the application of Swiss law, the national law at the user’s place of residence shall apply. In this case, the place of jurisdiction is that of the customer’s place of residence.
The parties shall endeavor to settle any disputes amicably.
Rotkreuz, July 25, 2024
All prices excl. statutory VAT plus shipping costs and, if applicable, cash on delivery charges, unless otherwise stated.