General Terms and Conditions for Courses of Sharp&Gentle GmbH

  • Scope
    • Sharp&Gentle GmbH, Suurstoffi 37, 6342 Rotkreuz (Sharp&Gentle) offers various services, including negotiation training courses. The courses are conducted either at physical locations or via Sharp&Gentle’s website.
    • These General Terms and Conditions (GTC) govern all contractual relationships, including offers, negotiations, and concluded contracts, between Sharp&Gentle and individuals participating in Sharp&Gentle’s courses (the Participants).
    • Any terms and conditions or similar documents issued by a Participant are hereby expressly excluded.
  • Formation of Contracts
    • The exact content and pricing of the courses provided by Sharp&Gentle are specified in the course descriptions on the website of Sharp&Gentle.
    • All offers, price lists, product descriptions, brochures, and similar documents from Sharp&Gentle are provisional and subject to change or revocation at any time, unless explicitly stated otherwise in the documents.
    • Registrations for courses constitute mere proposals to contract and become binding only upon confirmation by Sharp&Gentle. Sharp&Gentle reserves the right to refuse acceptance without stating reasons.
  • Pricing, Invoicing, and Late Payments
    • Except as otherwise explicitly stated, all prices include the applicable statutory Value Added Tax (VAT).
    • Course fees are payable in advance and are billed at the discretion of Sharp&Gentle.
    • Should the Participant fail to pay on time, Sharp&Gentle will set a reasonable grace period for payment, but only if the start date of the course allows such a grace period. If the start date of the course is too close or a reasonable grace period is not practicable, or if a set grace period expires unused, Sharp&Gentle may, in addition to all other legal rights, withdraw from the contract with immediate effect and deny the Participant participation in the course. Sharp&Gentle is not liable for any expenses already incurred by the Participant in anticipation of the course.
  • Performance of the Courses
    • Unless otherwise agreed, Sharp&Gentle is free to choose the person conducting each course. Sharp&Gentle may employ either its own staff or third parties. If Sharp&Gentle has specifically committed that certain individuals will perform a course, Sharp&Gentle is entitled to substitute these persons for valid reasons, such as illness or other unforeseen personnel shortages.
    • Sharp&Gentle may exclude Participants from attending courses if they behave improperly, especially if they violate legal or contractual obligations, behave immorally, offensively, or otherwise disruptively. Excluded Participants have no right to a refund of the course fee or participation in another course.
    • If a Participant misses a course (regardless of whether the reason is attributable to the Participant or not), neither rescheduling nor a refund of fees is possible, save for cancellations as provided under clause 5 .
  • Cancellation by the Participant or Transfer to Another Individual
    • The following cancellation terms apply solely to courses that take place in real-time (either electronically or onsite) and do not apply to pre-ordered training videos or other services that the Participant does not have to receive at a specified time. Cancellation of services that are not conducted in real-time is not permitted.
    • A Participant may cancel their enrollment in writing by paying a cancellation fee as outlined below:
      Cancellation notice period before course start Cancellation fee (percentage of total fee agreed)
      up to 30 days 10 %
      29 to 7 days 50 %
      6 or less days 100 %
    • Additionally, the Participant can cancel their participation in the course if they are unable to attend due to illness or accident. In this case, the Participant must provide a medical certificate to Sharp&Gentle.
    • In the event of a cancellation according to clauses 5(b) and 5(c) , the Participant is entitled to a voucher for the amount due, which can be redeemed for participation in other Sharp&Gentle courses. A cash refund is excluded.
    • The Participant can transfer their course place to another person up to 3 days before the start date of the course free of charge. No transfers are permitted thereafter. Transfers to a different course of Sharp&Gentle are excluded.
  • Cancellation or Alterations by Sharp&Gentle
    • Sharp&Gentle endeavors to conduct courses as advertised. However, it reserves the right to cancel or reschedule a course due to external factors beyond its control that materially affect its ability to conduct the course, or if insufficient registrations are received.
    • In case of cancellation of a course by Sharp&Gentle, affected Participants will receive a voucher for the full amount paid, redeemable for future courses. No cash refunds will be provided.
  • (Intellectual) Property Rights
    • All rights to pre-existing and newly created materials and content generated in the delivery of services by Sharp&Gentle, including but not limited to course materials, texts, graphics, images, and videos (the Works), especially property rights and intellectual property rights (including copyrights, design rights, and other intellectual or industrial protection rights) shall remain exclusively with
      Sharp&Gentle.
    • No modifications to the Works may be made without the express consent of Sharp&Gentle.
    • The Participant receives the right to use the Works exclusively for personal training purposes. Any further use (e.g., adaptation for other applications) may only be made with prior written permission from Sharp&Gentle.
    • In particular, without prior written permission from Sharp&Gentle, the Participant may neither record, copy, edit, nor otherwise process or make available to third parties the Works.
    • In case of a breach of the obligations under this clause  7 , the Participant owes a contractual penalty of CHF 5,000 per infringement, irrespective of any fault of the Participant. Payment of the contractual penalty does not release the Participant from compliance with their contractual obligations. The assertion of further claims (including claims for specific performance) remains expressly reserved. The
      reversal of the burden of proof pursuant to art. 161(2) of the Swiss Code of Obligations does not apply.
  • Confidentiality
    • Sharp&Gentle and the Participant undertake to keep confidential any information of the other party that is inherently confidential, to use it only for the fulfillment of obligations under the agreement between Sharp&Gentle and the Participant, and not to share it with third parties.
    • The Participant acknowledges and agrees that Sharp&Gentle may disclose confidential information to third parties (including affiliated companies) involved by Sharp&Gentle in fulfilling the agreement with the Participant (e.g., guest speakers), provided these third parties need the confidential information to perform their services and have been informed by Sharp&Gentle about the confidentiality of the
      information.
    • The confidentiality obligations under this clause  8 survive the end of the respective course for a duration of 5 years.
  • Exclusion of Warranty and Liability
    • Sharp&Gentle performs the agreed obligations carefully but assumes no responsibility for results (e.g., it cannot be guaranteed that participation in a course will result in a specific learning effect or positively influence the Participant’s business). Any warranty of quality and title is hereby excluded to the extent legally permissible.
    • Sharp&Gentle is liable to the Participant only in case of gross negligence or intent, regardless of the legal basis. Any further liability, including liability for auxiliary persons (Hilfspersonen) of Sharp&Gentle, is hereby excluded to the extent legally permissible.
  • Data Protection
    • The handling of the Participants’ personal data by Sharp&Gentle is governed by Sharp&Gentle’s privacy policy, which can be accessed here: http://www.sharpgentle.com.
  • Miscellaneous
    • The Participant may not assign this contract or any rights and obligations hereunder without the prior written consent of Sharp&Gentle, except as permitted under clause 5(e) .
    • If any provision of these GTC or the underlying contract agreement found to be invalid or unenforceable, the remainder of the document remains effective. In such case, the invalid or unenforceable provision shall be replaced with one that most closely achieves the original economic intent of the provision. This procedure shall also apply in the event of any gaps in the document.
    • Unless expressly agreed otherwise between Sharp&Gentle and the Participant, declarations in text form transmitted or recorded by electronic media (email, SMS, etc.) are considered written declarations of a party.
  • Applicable Law and Jurisdiction
    • The exclusive jurisdiction lies at the seat of Sharp&Gentle, although Sharp&Gentle retains the right to bring proceedings against a Participant at their residence or any other competent jurisdiction.
    • If the Participant is a private consumer, they may also initiate proceedings at their domicile and they may only be sued by Sharp&Gentle at their domicile.
    • The contractual relationship between Sharp&Gentle and the Participant is governed exclusively by substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
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