Terms and Conditions and Privacy Policy

Last revision: 15 / 02 / 2022

These conditions

1 -  This website (the "Site") and/or these Services, including all mobile applications connected to it (collectively the "Services") and any offer or reservation of events organized and/or marketed by us (the "Events", and the booking of these Events is the "Event Booking") through the Site, are owned and operated by Drink & Art SNC (hereinafter also referred to as “  we”, “us” or “our”). These Terms of Business (the “Terms”) set out the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or Services and Book Events.

2 -  By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services or Booking an event. In these Terms you will find out who we are, how you can Book an event, how you can cancel such a Booking and what you can do if there is a problem.

3 -  You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to Book events. If you are under the age of majority, you may only use the Services or Book an Event with the consent of your parents or legal guardian.

For professional users

4 -  This site is published by Loraine Rabache, Laureline Corre, 06 03 95 12 92, info@drink-art.com

The publication director is Loraine Rabache

You can contact us :

• (France) 0603951292 / (Switzerland) (+41) 0764057751

• by e-mail: info@drink-art.com

• by mail: REF7763 MSA 41A route des Jeunes, 1227 Carouge

This Site is hosted by Wix.com

For private users

4 -  This Site is hosted by Wix.com

These Terms are provided in French.  In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

To use our Site and/or benefit from our Services, you must be at least [add number] years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.

In addition, before placing and confirming an order, you must read and agree to these Terms.

You can download and print these Terms.

Event booking

Event booking, prices

1 -  You may place Event Reservations to attend events of various types that we offer through our Site or Services.

(2) We may request payment for certain Events advertised on our Site or Services. When making payment for any of our Services, you acknowledge that: (i) it is your responsibility to read the full Event announcement before committing to booking it; (ii) you enter into a legally binding contract to book an Event when you complete the booking process.

(3) You can choose the Events you intend to book and collect them in your basket by making the appropriate selections (eg Event, date) and then clicking the relevant button. The prices we charge are indicated on the Site or the Services. We reserve the right to change the prices for Events displayed at any time (provided that you will only be charged the amount agreed prior to any price change), and to correct any pricing errors that may inadvertently occur, with effect for the future. Additional information on prices and value added tax (VAT) at the prevailing rate and other applicable taxes, fees or charges are available on the Site during the booking process.

Storage of data relating to online payments

You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your card thus stored by its last four digits.

Confirmation process

Please note that entry to the Event will only be possible after confirmation through our Services and that entry to certain Events may require your identification.

Refund policy (if applicable)

You have the right to withdraw without giving any reason 48 hours before the workshop or event.

To exercise your right of withdrawal, you must notify us of your decision by telephone at (+41) 0764057751 or by e-mail atinfo@drink-art.comwithin the time limit.

If you contact us by e-mail, we will acknowledge receipt of your withdrawal.

Coupons, Gift Cards and Other Offers

We may from time to time offer coupons, gift cards or discounts and other offers (“Offers”) related to our Events. These Offers are only valid for the duration that may be indicated therein. Offerings may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

Member account

(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.

(2) If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence, by failing to take reasonable care to safeguard your login credentials.

(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.

(4) We may terminate or temporarily or permanently suspend your access to your Member Account without liability, in order to protect ourselves, our Site and our Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.

Acceptable use

(1) Our Services are provided for your information and for your personal, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violation of any third party rights) or for any unlawful or fraudulent purpose, to collect personally identifiable information or to impersonate other users; (ii) alter or use our copyright, trademark, or other proprietary rights notices, or interfere with the security features of our Services; (iii) use our Services in any way to manipulate or distort, or undermine the integrity and accuracy of any content, or take any action to interfere with, damage, disrupt any part of our Services; (iv) use our services to send, receive, upload/post, download, any material that does not comply with our content standards; (v) use our Services to transmit or enable the transmission of any unsolicited or unauthorized advertising or promotional materials; (vi) use our Services to transmit data, or upload data to our Services, that contains viruses, Trojan horses, worms, time bombs, keyloggers, spyware, adware or any other harmful program or similar computer code designed to affect the operation of computer software or hardware; (vii) use any robot, spider or other automatic device or manual process to monitor or copy our Site or other web pages or the content of our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from them; (viii) engage in conduct that restricts or inhibits any other user from using or enjoying our Services; or (ix) use our Services for commercial purposes or in connection with any commercial activity carried out, without obtaining our prior written consent. You agree to cooperate fully with us in investigating any suspicious or actual activity that violates these Terms.

Intellectual property

(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.

(2) If an Event includes or involves the use of digital content such as music or video, for example in connection with a webinar, you will be granted the rights specified for that Event on the Site.

Exclusion of warranty for the use of the Site and the Services

The Services, Our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates.

Compensation

You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in the "Acceptable Use" section, unless such circumstances are not caused by your fault.

Limitation of Liability

1. To the fullest extent permitted by applicable law, Madame Rabache Loraine et Corre Laureline disclaims all liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss and any loss of income , profits, goodwill, data, contracts, and any loss or damage resulting from or related to,  business interruption, loss of opportunity, loss anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or results of using this site, (iii) any website linked to this Site or the materials on such linked websites.

1. We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code.

Modification of the Terms or Services; interruption

(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore consult them regularly. If we change these Terms materially, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.

1. We may modify the Services, stop providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.

Links to Third-Party Sites

The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.

Applicable right

1. These Terms shall be governed by and construed in accordance with the laws of Switzerland, excluding conflict of law rules.

1. If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us: info@drink-art.com

If, after contacting us, you believe that the problem is not resolved, you will have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 and following of the Code of the consumption. To submit your request to the consumer ombudsman, complete the online dispute resolution form accessible at the following address:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Various

(1) No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.

(2) Section titles used in these Terms are for convenience only and have no legal substance.

1. Unless otherwise stated, if any part of these Terms is determined to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and will remain in force.

1. By accepting the Conditions, you undertake not to dispute the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.

1. Your acceptance of the Conditions is equivalent to an agreement of proof, within the meaning of article 1368 of the Civil Code.

(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.

(6) The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, the limitations of liability and this “Miscellaneous” section.

Contact us

To contact us, send an e-mail to:

Drink & Art

info@drink-art.com

REF7763

MSA - 41A Youth Road

1227 Carouge

Swiss