Terms and Conditions of www.thebridgecart.com

These Terms govern:

• the use of this Website and
• any other Agreement or legal relationship with the Controller

in a binding manner.

Capitalised expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The party responsible for this Web Site is the ‘Company’:

The Bridge – TTMT SA
Via da Cologna 42
7742 Poschiavo, Switzerland (CH)

UID: CHE-208.340.707 IVA

Holder’s email address: amministrazione@thebridgettmt.com

“This Web site” refers to

• this site, including its subdomains and any other site through which the Holder offers the Service;

• the Service;

Need to know at a glance

• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.

• Access to this Website and use of the Service by minors is permitted only under the supervision of their parents or guardians.

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CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section apply generally.

Further conditions of use or access applicable in particular situations are expressly stated in this document.

By using this Web Site the User declares that he/she meets the following requirements:

• There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
  
• The user must be at least 14 years old;
• The use of this website by minors is only permitted under the supervision of their parents or guardians;

Content on this Website

Unless otherwise stated or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this.

In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.

Rights to the content of this Website

The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.

Users are not authorised to use the contents in any way that is not necessary or implicit for the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly stated on this Web Site, the User is authorised to download, copy and/or share certain content available on this Web Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.

The limitations and exclusions under copyright law remain unaffected.

Access to external resources

Through this Website Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use

This Web Site and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any laws, regulations or the rights of third parties.

Therefore, the Data Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, denounce any censurable activity carried out through this Website or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever the User carries out or is suspected of carrying out such activity:

• violations of the law, regulations and/or the Terms;
• infringement of third party rights;
• acts that may considerably prejudice the legitimate interests of the Controller;
• offences against the holder or a third party.

TERMS AND CONDITIONS OF SALE

Paid-for products

Some of the Products offered on this Website as part of the service are chargeable.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.

Product description

Prices, descriptions and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.

Purchase procedure

The purchase procedure involves the payment of the total amount in one instalment, £500 of which is to be considered as a penalty.

It is possible, at the customer’s request and in any case no later than 15 days prior to the date of the event to which one intends to register, to divide the purchase into 2 steps:

• Step 1: Down payment. The user pays a deposit of £500 as a penalty and with a price blocking function of an agreed amount.
• Step 2: Balance. The user pays the balance of the agreed sum in accordance with the agreed terms and times, and in any case no later than 15 days before the date of the event for which they have registered.

It is possible, at the customer’s request, to proceed with the payment of the total amount in one go, it being understood that even in this case £500 is to be considered as a deposit.
The amount received as a deposit is to be considered as a contribution by way of penalty and is therefore non-refundable.

The purchasing procedure comprises the following steps:

• Users are requested to add the product/service to the shopping cart once they have entered the product page.
• After checking the information visible in the purchase choice, users can place their order by placing it.

Sending the order

Sending the order entails the following:

• The sending of the order by the user determines the conclusion of the contract and marks the obligation on the part of the user to pay the price, taxes and any further charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User’s obligation to cooperate accordingly.
• Once the order has been placed, Users will be sent a confirmation of receipt of the order.

Prices

During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Web Site:

• include all applicable fees, taxes and costs.

Payment Methods

Details of the accepted payment methods are highlighted during the purchase process.

Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.

Authorisation for future payments via PayPal

If the User authorises the PayPal function allowing future purchases, this Website will store an identification code linked to the User’s PayPal account. This will allow this Website to automatically process payments for future purchases or for the payment of periodic instalments of a previous purchase.

 This authorisation may be revoked at any time by contacting the Holder or by changing the personal settings of PayPal.

 Reservation of Rights of Use

 Until receipt of payment of the full purchase price by the Holder, the User does not acquire the rights to use the Products ordered.

Delivery

Provision of services

The purchased service will be performed or made available within the timeframe indicated on this Web Site or in the manner communicated prior to placing the order.

The organisation of the path does not include logistical services related to travel or accommodation.

In the case of specific needs arising from motor, cognitive or psychological disabilities, it is requested that such needs be communicated in advance of registration.

Participation in the course includes acceptance of the release for the use of images and videos collected during the event, for educational and dissemination purposes.

If the client does not sign the release for the use of the images, he/she will not be able to participate in the course.

The cancellation policy provides for the possibility of postponing participation in the course in which one is enrolled if such a request is received by e-mail, followed by a reply confirming receipt of the request by the Company, if made at least 7 days before the event.
It is outside the above-mentioned case if there are proven grounds.

If needed, it is possible to reschedule one’s participation on a date subsequent to the scheduled one a maximum of 2 times, and in any case no later than 60 days after the date chosen at the time of registration.

 Contract duration

Subscriptions

 With a subscription, the User receives a Product continuously or periodically for a certain period of time.

Paid subscriptions begin on the day the Holder receives payment.

 In order to keep the subscription active, the User is obliged to pay the requested periodic fee promptly. Otherwise, the service may be interrupted.

 Instalments

 If the Purchase Price is paid in several instalments, the subscription shall run from the day on which the Holder receives the first payment and shall continue for the entire subscription period, provided that all other instalments are received on time.

 Failure to meet payment deadlines may result in the Product becoming inaccessible.

 Termination of indefinite subscriptions.

 Subscriptions of indefinite duration may be terminated at any time by sending a clear and unequivocal notice of termination to the Holder, using the contact details given in this document.

The termination shall take effect 10 days after receipt of the notice of termination by the Holder.

User Rights

Right of withdrawal

Unless the exception indicated below applies, the User shall have the right to withdraw no later than 15 days prior to the date of the scheduled event, for any reason and without justification.

 The User can find further information on the right of withdrawal in this section.

 Exercise of the right of withdrawal

 To exercise the right of withdrawal, the User must send the Holder an e-mail containing his intention to withdraw from the contract to the following address: amministrazione@thebridgettmt.com, indicating the Beneficiary and IBAN reference to which the sum will be refunded.

In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the expiry of 15 days prior to the date of the scheduled event, otherwise the withdrawal cannot be accepted.

 Effects of withdrawal

 The Holder shall reimburse, to Users who have correctly exercised their right of withdrawal, all payments received, with the exception of the amount of £500 as retained as a penalty.

 The refund shall be made without undue delay and in any event within 15 days from the day on which the Holder was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the ‘Bank Transfer’ payment method.

 Exceptions to the right of withdrawal

 The right of withdrawal does not apply:

 > To contracts for the provision of services after the service has been fully performed, the performance having begun with the express consent of the User and with the acceptance that the right of withdrawal itself will be forfeited upon full performance of the contract.

 > To contracts for the provision of services if the service cannot be provided due to the User’s declared inability to participate in the scheduled event, communicated after the 15 days preceding the event. In this case, the Controller is entitled to change the date of the service to be provided, subject to prior agreement with the User and subject to the availability of seats and the dates of the scheduled events.

Limitation of liability and indemnity

European Users

Manleva

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand – including, without limitation, legal fees and expenses – made by any third party due to or in connection with negligent conduct such as using or connecting to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.

 Limitation of liability for the User’s activities on this Web Site

 Unless otherwise specified and subject to the applicable statutory provisions on product liability, all claims for damages against the Controller (or any natural or legal person acting on its behalf) are excluded.

 The foregoing does not limit the liability of the Holder for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations that are strictly necessary for the fulfilment of the cause of the contract, and/or to damages caused by wilful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.

 Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

 In particular, to the extent set out above, the Controller accepts no liability in respect of:

• Damage or loss resulting from interruptions or malfunctioning of this website due to force majeure or unforeseen and unforeseeable events and, in any case, beyond the Owner’s will and control, such as, but not limited to, breakdowns or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;
• any losses that are not a direct consequence of a breach of the Terms by the Holder;

Common Provisions

No implied waiver

 The Holder’s failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other right.

Service Interruption

In order to guarantee the best possible level of service, the Controller reserves the right to interrupt the Service for the purposes of maintenance, system updates or any other change, giving appropriate notice to Users.

 Within the limits of the law, the Data Controller reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner shall ensure that Users can retrieve their Personal Data and information in accordance with the provisions of the law.

 Furthermore, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Resale Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate reseller programme.

Privacy policy

 Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks – whether denominative or figurative – and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to amend the Terms at any time. In this case, the Owner shall give appropriate notice of the changes to the Users.

The changes will only affect the relationship with the User in the future.

Your continued use of the Service constitutes your acceptance of the updated Terms. If You do not wish to accept the changes, You must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.

The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Holder.

Assignment of contract

The Holder reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

The User is not authorised to assign or transfer its rights and obligations under the Terms without the written consent of the Holder. 

Contact 

All communications relating to the use of this Web Site should be sent to the addresses indicated in this document. 

Safeguard Clause

Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions, which shall therefore remain valid and effective. 

European users 

Should any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective substitute provision for the void, invalid or ineffective provision.

In the event of failure to agree within the aforementioned time limits, if permitted or provided for by the applicable law, the invalid, void or ineffective provision shall be replaced by the applicable legal provision. 

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties. 

Applicable law 

The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules. For any legal issues, reference is made to Swiss law. 

Dispute Resolution 

Amicable settlement of disputes

Users may report any disputes to the Controller, who will endeavour to resolve them amicably. 

Without prejudice to Users’ right to take legal action, in the event of a dispute concerning the use of this Web Site or the Service, Users are requested to contact the Controller at the contact details indicated in this document. 

The User may address a complaint to the Controller’s email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned. 

The Controller shall process the request without undue delay and within 21 days of its receipt. 

Definitions and legal references 

This Website (or this Application)

The structure enabling the provision of the Service. 

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms. 

Commercial User 

Any User who does not meet the definition of a Consumer. 

European (or Europe) 

Defines a User physically present or legally established in the European Union, regardless of nationality. 

Owner (or Us) 

Means the natural or legal person who provides this Website and/or offers the Service to Users. 

Product 

A good or service that can be purchased through this Website, such as a tangible good, digital files, software, reservation services, etc. 

The sale of a Product may be part of the Service as defined above. 

Service 

The service offered through this Web Site as described in the Terms and on this Web Site. 

Terms 

All terms and conditions applicable to the use of this Website and/or provision of the Service as described in this document as well as in any other related document or agreement, in its most current version respectively. 

User (or You) 

Means any natural person using this Web Site. 

Consumer 

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity.