General terms and conditions of business
the non-profit and regenerative SONQO CIRCULAR CULTURE, which consists 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 will be referred to as VS in the following, while SONQO.SHOP GMBH will be referred to as SG. When both organizations are meant, they will be referred to as SONQO.
Thank you very much for your interest in SONQO!
The satisfaction of our members and customers is of paramount importance 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 (hereinafter referred to as: GTC).
SONQO offers a wide range of events (hereinafter referred to as "Events"), teacher certification and professional development programs (hereinafter referred to as "Programs"), memberships (hereinafter referred to as "Membership"), as well as online events, courses, and products (hereinafter referred to as "Digital Content") on its website www.sonqo.org. The following General Terms and Conditions apply to all contracts that SONQO concludes with its customers (hereinafter referred to as "Contracting Parties").
For ease of reading, only the masculine form is used in these terms and conditions. However, we would like to explicitly state that this refers to all genders. SONQO stands for an inclusive circular culture. Regardless of origin, gender, culture, and religion, all people who think, feel, and act constructively and respectfully are equally welcome at SONQO.
1. Subject matter and scope
1.1. Subject to paragraph 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 that deviate from these terms and conditions are excluded for contracts between SONQO and the contracting party.
1.2. The terms and conditions of the contracting party 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. Contract conclusion and prices
2.1. By placing an order (clicking the "order with obligation to pay" or "pay now" button), the contracting party confirms a binding booking. Bookings made by telephone or email, or requests to purchase expressed by telephone or email, are also binding.
2.2. Before the contracting party submits a binding contractual offer, the total costs will be displayed on the website. Unless otherwise stated, the total costs for events do not include travel, accommodation, and meals.
2.3. Unless otherwise stated, all payments are due within five days of receipt of the payment request without deduction. SONQO has the right, but not the obligation, 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 contractual partner fails to pay the total or partial amount due for the booking or purchase by the specified due date. In the event of such cancellation of an event or program booking by SONQO, cancellation fees in accordance with section 4.1 of these Terms and Conditions will be due. Alternatively, SONQO reserves the right to demand the corresponding total amount even if the contractual partner does not participate in a booked event or program. Likewise, SONQO reserves the right to demand the corresponding total amount even if the benefits of a membership are not utilized or the purchased digital content is not consumed.
2.4. Payment is only considered complete upon irrevocable credit to SONQO's account. In case of default, interest at a rate of 4% per annum is agreed upon. SONQO may charge reminder fees of CHF 20 or EUR 20 per reminder. SONQO is entitled to claim damages incurred by SONQO due to the contractual partner's actions, in particular the necessary costs of appropriate extrajudicial enforcement or collection measures, provided these are proportionate to the outstanding claim. Late payments will be applied first to reminder fees, then to interest, and finally to the outstanding principal.
Offsetting alleged counterclaims of the contractual partner against claims of SONQO is excluded.
3. Compensation and Warranty
3.1. Unless otherwise stipulated in paragraph 2.4, each contracting party shall only be liable for damages resulting from a culpable breach of contract if caused by its own fault or that of its agents in the event of intent or gross negligence. This does not apply to personal injury.
4. Right of withdrawal for events
4.1. The contracting party generally has no right of withdrawal for contracts concerning events, as these are leisure-related services that SONQO must provide at a specific time. However, SONQO grants the contracting party a right of cancellation subject to the individual seminar-specific cancellation conditions listed for each event on www.sonqo.org. If no seminar-specific cancellation conditions are specified, the following conditions apply: In the event of cancellation, the contracting party will be charged a cancellation fee as detailed below. If the total event amount, which consists of the tuition fee and, in the case of in-person events, possibly also any costs for accommodation and/or meals, or a portion thereof, has already been paid before cancellation, the payment will be refunded less this cancellation fee.
If the cancellation is received 120 days or more before the (first) event date: no cancellation fee. If the cancellation is received less than 120 days but more than 29 days before the (first) event date: 15% of the total event price. If the cancellation is received less than 30 days but more than 6 days before the (first) event date: 50% of the total event price. If the cancellation is received less than 7 days before the (first) event date: 100% of the total event price.
4.2. The contracting party can exercise the right of cancellation by sending an email to info@sonqo.org.
4.3. SONQO reserves the right to withdraw from contracts for participation in events without giving reasons.
4.3.1. Should the event booked by the contracting party take place, but SONQO withdraws from the contract regarding the contracting party's participation in the event (in other words, cancels the contracting party's registration for this event), SONQO will immediately refund any payments already made to the contracting party for the total event fee. Reimbursement for travel expenses or other costs incurred by the contracting party in connection with the event is completely excluded.
4.3.2. Should the entire event booked by the contracting party be cancelled for any reason whatsoever, the following conditions shall apply:
If the contracting party has already paid the total event amount or a portion thereof, this amount will be refunded less the cancellation fee charged by the event accommodation provider to SONQO per booked participant. However, should this cancellation fee exceed the partial payment already made by the contracting party, the difference will be invoiced to them.
If the contractual partner has not yet made payment for the booked event, they will be charged the cancellation fee that is charged to SONQO by the event accommodation provider per booked participant.
Reimbursement for travel expenses or other costs incurred by the contractual partner in connection with the event is completely excluded.
5. Event Regulations
5.1. A strict no-recording policy applies to all events (online and offline) on the part of the contracting party. All image and/or sound recordings, regardless of the medium, are therefore prohibited without the written consent of SONQO. 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 documents received by the contracting party in connection with an event are protected by copyright. The contracting party is granted the right to use the content and all documents exclusively for private purposes. The contracting party is therefore prohibited from reproducing, distributing, publishing, or passing on the documents, 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. Participation in an event is generally permitted for persons who have not yet reached the age of 18. However, a corresponding request can be sent to info@sonqo.org. Should an event be permitted for those under 18 in a specific case, written consent from a parent or 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 booking and accepting the terms and conditions, declares that they are in the mental and physical condition to participate. 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 risk, discontinue the exercise or participation in the event. Should the contracting party violate this obligation, SONQO's liability is completely excluded. A refund of the participation fees is excluded in this case.
5.5. By booking an event and accepting these Terms and Conditions, the contracting party authorizes SONQO to take photographs, video recordings, and audio recordings ("Recordings") of them as part of the event. Furthermore, the contracting party authorizes SONQO to use, publish, and edit all Recordings at its sole discretion for training and promotional purposes, particularly on SONQO's websites and social media channels. The contracting party agrees that SONQO owns all rights of any kind to the Recordings, which they assign to SONQO without compensation, and that no further claims can be asserted by the contracting party.
6. Membership Regulations
6.1. SONQO offers a membership category, "SONQO Friends," on its website www.sonqo.org. This membership (CHF or EUR 100) makes the contracting party an associate member of SONQO ("Membership – Friends of SONQO") without voting rights or other rights relating to the SONQO association and its operations. This associate membership only includes the right to receive the benefits described on www.sonqo.org under the heading "Membership" ("Friends of SONQO") or specifically in event announcements.
6.2. Membership (“Friends of SONQO”) begins upon confirmation of payment by SONQO. Membership is automatically renewed for another year at the end of the current year. Written cancellation via email (info@sonqo.org) must be received by September 30th at the latest for the following year. Otherwise, the full annual fee for the following year is due.
6.3. SONQO reserves the right to withdraw from membership agreements at any time without giving reasons. In this case, SONQO will immediately refund any payments made by the contracting party for the membership in the respective calendar year.
6.4. SONQO offers a patronage program on its website www.sonqo.org under the category "SONQO supporter." This patronage (with a minimum contribution of CHF or EUR 500) makes the contracting party an associate member of SONQO ("Membership – Friends of SONQO") without voting rights 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 heading "Supporters of SONQO" or specifically 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 and courses (hereinafter referred to as "online events") and online products. Online events are events that are not held at a physical location but are conducted live via an online platform. 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. Downloading video or audio files is not possible.
7.2. All digital content and the teachings conveyed within that digital 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 passing on 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 consumes the digital content and performs the exercises shown at their own risk and declares that they are in the mental and physical condition to do so. Should a single exercise or the entirety of a digital content exceed the contracting party's mental and/or physical capabilities, the contracting party must, at their own risk, discontinue the exercise or the consumption of this digital content. Should the contracting party violate this obligation, SONQO's liability is completely excluded. A refund of costs paid to SONQO is excluded in this case.
7.4. After conclusion of the contract, the contracting party has no right to withdraw from the contract for the acquisition of digital content (right of withdrawal).
7.5. The purchase of digital content is generally not permitted for persons under the age of 18. However, a corresponding request can be sent to info@sonqo.org. Should the purchase of digital content be permitted for individuals under 18 in a specific case, written consent from a parent or legal guardian is required.
7.6. The contracting party permits SONQO to make video, audio, and screen recordings ("recordings") of them as part of an online event. Furthermore, 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 SONQO's social media channels. The contracting party agrees that SONQO owns all rights of any kind to the recordings, which they assign to SONQO without compensation, and that no further claims can be asserted by the contracting party.
8. Program regulations
8.1. SONQO offers participation in teacher certification and professional development programs (“Programs”) on its website www.sonqo.org. Note: The same provisions apply as listed under points 6 and 7.
8.3. SONQO reserves the right to withdraw from contracts for participation in programs at any time without giving reasons. In this case, SONQO will immediately refund any payments already made by the contracting party for program participation.
9. Liability
9.1. The contracting party waives all claims and/or demands against SONQO and releases SONQO from any liability for damages, unless they are due to intent 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 about 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 performance
10.1. Any legal disputes arising from this contract shall be governed exclusively by Swiss law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG), the conflict-of-laws rules of the Swiss Private International Law Act (IPRG), and Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 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 competent court in Zug, Switzerland. The place of performance is Zug/CH.
11. Final Provisions
11.1. SONQO is registered with the alternative dispute resolution platform "Online Dispute Resolution" (https://webgate.ec.europa.eu/odr). If the contractual partner is a consumer, they have the option of using the aforementioned platform to pursue out-of-court dispute resolution through an impartial arbitration body. SONQO's email address is: info@sonqo.org.
11.2. 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 individual provisions of these General Terms and Conditions are 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 approximates its intended meaning and purpose.
General Terms and Conditions of the Webshop
sonqo.shop gmbh, Buonaserstrasse 30, CH 6343 Rotkreuz
You can reach us by phone at +41 (0)79-705-49-85 or by email at shop(at)sonqo.org
Management: Ángel Herrera and Aline Feichtinger
(hereinafter referred to as "we").
These general terms and conditions (hereinafter referred to as "Terms and Conditions ") apply to all orders (online, telephone, post) placed directly by sonqo.shop gmbh – (hereinafter referred to as "sonqo Shop ") for all services provided on the platform Marktzugang and for use in Switzerland, the Principality of Liechtenstein and the European Union (hereinafter referred to as "EU").
Users of the sonqo shop are natural persons and organizations who order products (hereinafter referred to as customers ), natural persons and organizations who offer projects on the platform market access (hereinafter referred to as project owners ), and natural persons and organizations who support the projects offered on the platform market access in an ideal or material way (hereinafter referred to as supporters ).
12. Scope
We provide our deliveries and services in the sonqo shop exclusively on the basis of the following Terms and Conditions. The version of the Terms and Conditions valid at the time of the order is authoritative. We reserve the right to update these Terms and Conditions as needed. By using our websites, users agree to the currently valid Terms and Conditions. Use occurs when sonqo is accessed in an internet browser.
13. Offer, conclusion of contract and contract fulfillment
The national provisions governing sales contracts and other relevant laws and regulations apply. In Switzerland, this is in particular the Swiss Code of Obligations (OR). Specifically:
In the sonqo shop
Our price lists, brochures and publications on the sonqo shop and in our electronic media are generally non-binding and subject to change without notice.
The contract is concluded upon acceptance of the order. Detailed order terms and conditions, including various discounts, special shipping conditions, and the comprehensive cancellation 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 cannot be combined.
In cases of obvious spelling and calculation errors, we are entitled to withdraw from the contract.
Our order confirmation is definitive for the scope and execution of the order. Unless expressly agreed otherwise or evident from the nature of the transaction, risk and title pass to the buyer upon dispatch of the goods from our warehouse. The goods remain our property until full payment has been received.
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. The right of return is exercised by returning the goods; no reason is required.
Upon receipt of the returned goods, we will refund the customer the purchase price, including delivery costs, within 14 days of receiving the cancellation notice. Refunds will be issued via credit to the customer's account using the original payment method. The customer is responsible for return shipping costs.
A deduction from the purchase price to be refunded, or an invoice for any damage, excessive wear and tear, or already consumed goods, remains reserved. No deduction will be made if the loss in value or consumption of the goods is due to handling necessary to ascertain their nature, condition, and functionality.
Supporters are entitled to cancel a payment within 5 business days by sending written notification to sonqo, Buonaserstrasse 30, 6343 Rotkreuz, Switzerland, without giving reasons. Refunds will be issued by crediting the supporter's account via the originally chosen payment method. Refunds will be processed within 30 days.
If a funding goal is not reached, this does not entitle the backer to withdraw their support. It is at the project owner's discretion whether the project can still be carried out or whether a refund should be issued to the backers.
15. Pricing & Resale
Prices are listed in Swiss francs (CHF) in the Swiss webshop and in euros (EUR) in the European webshop. Prices include statutory VAT.
In addition to the prices shown, shipping costs may apply depending on the delivery address, quantity of goods, and items. The exact shipping costs will be displayed to the customer during the ordering process. No further costs will be incurred upon delivery. Shipping is free for orders over CHF or EUR 150. sonqo reserves the right to change this amount. The value specified in the current Terms and Conditions always applies.
RESALE: For a limited selection of products, a price list for resellers is available from us. By accepting the terms and conditions, resellers also agree to always adhere to the minimum selling price. The minimum selling price is determined by the regular price of the smallest unit of the respective product in the sonqo webshop. This minimum selling price includes VAT and shipping costs for resellers. A higher selling price than the regular unit price is always possible. Further provisions can be found in the Reseller Regulations HERE.
16. Delivery conditions
Delivery is only available to addresses within Switzerland, the Principality of Liechtenstein, and countries on the European continent. This also applies to business customers.
Unless otherwise stated in the offer, the standard delivery time is 3-7 business days. If the maximum delivery time of 14 business days is exceeded, the customer has the right to withdraw from the contract.
If not all ordered products are in stock, we reserve the right to make partial deliveries. The customer will not incur any additional costs due to partial deliveries. Any applicable deadlines only begin upon receipt of the final partial delivery.
IMPORTANT: If the delivery of perishable goods is the subject of the delivery contract, the following applies: The customer ensures the acceptance of perishable goods by taking suitable precautions, for example by accepting the goods himself or by appointing a person to accept them at the specified delivery address.
Should delivery of the goods fail due to the customer's fault despite three delivery attempts, we may withdraw from the contract. Any payments already made will be refunded.
17. Deposits and withdrawals and payment terms
Payment can be made by invoice, credit or debit card, or 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.
Credits from prepayments or returns will be transferred to users as soon as we have the necessary bank details. Credits from previous transactions will be deducted directly from the invoice. Offsetting against unacknowledged or legally unenforceable counterclaims is excluded.
After unsuccessful reminders, we hand over unpaid claims to an external debt collection agency for collection.
The payments collected from supporters on behalf of the project owner will be paid out to the project owner upon completion of the project. This payment is usually made within 30 days of the project's completion.
18. Copyright
Copyright and all other rights to content, images, photos, or other files on this website belong exclusively to sonqo.shop gmbh or the specifically named rights holders. Prior written consent from the copyright holders is required for the reproduction of any elements.
19. Special obligations of users
The user agrees not to misuse our services, in particular:
- not to distribute any unlawful material or information (e.g. pornographic, racist, seditious or similar 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.
- Do not publish any data that is protected by copyright unless the user has the rights to use it.
Furthermore, the user agrees to indemnify us against any and all costs, claims, damages, losses or other demands that may arise from his registration or participation in our services.
Users are obligated to treat information about other users confidentially and to only disclose it to third parties with the express prior consent of the sender. This applies in particular to names, telephone and fax numbers, addresses, email addresses, and URLs.
By providing content, the project owner grants us a non-exclusive, worldwide, perpetual, and royalty-free right to use the project information. The project owner grants us the right to store, publish, and share this project information (texts, images, videos) with third parties for publication purposes, provided that such sharing serves the promotion of the project, the project owner, or ourselves. We are entitled to use or share 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 modify, supplement, delete, or temporarily or permanently discontinue parts or all of our product range or services without prior notice.
Liability regarding the delivery of products from the sonqo shop:
We are liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. In cases of slight negligence, we are liable for breaches of essential contractual obligations. Except in cases of injury to life, body, or health, liability for slight negligence is limited to damages foreseeable at the time of contract conclusion, the occurrence of which must regularly be expected.
We assume no responsibility for products delivered on behalf of project owners as part of a "test delivery" within a market access project. Responsibility for these deliveries remains with the project owner, even if we are acting in an advisory capacity.
Should a product be damaged or spoiled, we will accept its return within 14 days and send a replacement at our expense, provided the product was handled according to the instructions in the webshop. If this is not possible, the customer has the right to cancel the purchase or receive a price reduction.
If the customer resells the products, they are responsible to the buyer, us, or third parties for compliance with domestic and international regulations governing the trade in foodstuffs, as well as other laws such as export regulations, and are solely liable for any resulting damages. The provisions of the Product Liability Act remain unaffected.
Liability regarding 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, nor for any misuse of information.
Any liability for economic, physical or intangible damages 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. We disclaim all responsibility for such websites. Access to and use of such websites is at the user's own risk. Should we become aware that a link leads to a website with illegal content, we will remove the link as quickly as possible.
21. Final Provisions
Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions and the validity of the contract as a whole shall not be affected. The invalid provision shall be replaced by the parties with a valid one that corresponds as closely as possible to the economic purpose of the invalid provision. The same applies to any contractual gaps.
These Terms and Conditions and all other agreements between users and us are governed exclusively by Swiss law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Zug, Switzerland.
Where and only where the national law of a user's place of residence does not permit the application of Swiss law, the national law of the user's place of residence applies. In this case, the place of jurisdiction is that of the customer's place of residence.
The parties will endeavor to settle any disputes amicably.
Red Cross, July 25, 2024
All prices exclude statutory VAT, plus shipping costs and, if applicable, cash on delivery fees, unless otherwise stated.