MATIERE BRUTE – GENERAL TERMS AND CONDITIONS
Scope of application
The present general terms and conditions (hereinafter the “GTC”), in the version in force at the time of the order, govern the contractual relationship between Marie-Laure Gally –
“Matière Brute” (hereinafter “Matière Brute”) and any individual or legal entity (hereinafter the “Customer”) placing an order for activity(ies) and/or good(s) and/or service(s) via the www.matierebrute.ch website (hereinafter “Matierebrute.ch” ).
1. CONTRACTUAL RELATIONSHIP
1. By placing an order via Matierebrute.ch, the Customer acknowledges having read, understood and accepted, without reservation, the GTC. In the event of disagreement with the GTC, the Customer shall refrain from placing an order via Matierebrute.ch.
2. Matière Brute reserves the right to modify the GTC at any time and without prior notice by publishing a new version of the GTC on Matierebrute.ch (which cancels and replaces the existing version). Any order placed after the publication by Matière Brute of a new version of the GTC shall constitute acceptance of this new version.
3. Via Matierebrute.ch, Matière Brute puts the Customer in contact with various service providers (hereinafter referred to as “Artisans” or “Artisan”) who offer activities and/or workshops (hereinafter referred to as “Workshops” or “Workshop”) to the public. By placing an order for one or more Workshops via Matierebrute.ch, the Customer instructs Matière Brute to book the Workshop(s) in question with the relevant Artisan(s) in his/her own name and for his/her own account, it being understood that Matière Brute is not responsible for the realization of the Workshop(s) in question and that Matière Brute is exclusively commissioned by the relevant Artisan(s) to conclude contracts in accordance with the above. The Customer’s attention is expressly drawn to the fact that Matière Brute does not intervene in the contractual relationship between the Artisan and the Customer. All liability of Matière Brute in this respect is excluded (Article 9 below for the remainder).
4. If the Customer orders a Workshop or Workshops via Matierebrute.ch on behalf of a third party or parties, the Customer shall assume their contractual obligations to Matière Brute and the Artisan as if they were their own. The contractual obligations between the Customer and Matière Brute (in particular these GTC) shall apply to all participants in the activity which is the subject of the Customer’s order.
2. CUSTOMER ORDER AND CONFIRMATION BY MATIERE BRUTE
1. Orders may only be placed via Matierebrute.ch by persons who have reached the age of majority, are capable of judgement and are not under guardianship. The minimum age for participation in the Workshop(s) is 16. Minors must be accompanied or authorized by their legal representative to take part.
2. To place an order, the Customer must follow the procedure available on Matierebrute.ch. All other ordering procedures are excluded.
3. The overview of activities, goods and/or services on Matierebrute.ch only serves as an invitation to the Customer to submit an offer. On Matierebrute.ch, the Customer chooses from among the activities, goods and services available. The choice made is displayed in the shopping cart on Matierebrute.ch. By placing an order, the Customer binds himself and formulates a firm and definitive offer to subscribe to the activity concerned and/or to purchase the goods and/or services selected, under the conditions indicated on Matierebrute.ch. The Customer’s offer is deemed to have been notified to Matière Brute as soon as payment has been approved. The contract is deemed concluded when Matière Brute sends an order confirmation to the Customer by e-mail to the address indicated by the Customer. Matière Brute reserves the right to refuse a Customer’s offer at its own discretion, without being obliged to give reasons.
4. The Customer’s order number is indicated in the order confirmation. The Customer must be able to present this order number to any Artisan with whom the activity in question is to be carried out if the latter so requires. If the Customer is not in possession of the order number, he/she cannot assert a right of access to the activity concerned and/or reimbursement of the price paid for said activity.
5. The Customer is obliged to check the information contained in the order confirmation e-mail immediately upon receipt and to notify Matière Brute of any errors or inconsistencies within three days. Otherwise, the Customer will be deemed to have accepted and confirmed the data indicated in the order confirmation.
6. During the ordering process, the Customer undertakes to provide Matière Brute with the necessary information in a complete and correct manner. The customer must provide a valid e-mail address to which all communications relating to the order will be sent. It is the Customer’s responsibility to keep this address up to date and to take note of e-mails sent by Matière Brute. Any communication made to the Customer by e-mail will be deemed to have been received by the Customer on the effective date and time of receipt.
3. PRICES AND METHODS OF PAYMENT
1. Matière Brute reserves the right to change prices at any time. The prices in force are those indicated at the time of the order and are only valid in Switzerland. Prices are in Swiss francs and include all taxes. Payments must be made in Swiss francs.
2. The methods of payment accepted by Matière Brute are exclusively those indicated on Matierebrute.ch.
3. Unless otherwise specified by Matierebrute.ch, the terms of payment by the Customer are 10 days from receipt of the corresponding invoice by the Customer.
4. For certain activities offered on Matierebrute.ch, the prices quoted may be conditional on the activity concerned being carried out within a specified period of time, and any price increase once this period has elapsed is expressly reserved (in which case the activity concerned may not be carried out until the balance due has been paid in full).
4. INFORMATION ON MATIEREBRUTE.CH
1. Although Matière Brute endeavours to inform the Customer as fully and accurately as possible, the photos, texts and videos presented on Matierebrute.ch, in advertisements, prospectuses, etc., as well as all information concerning the services offered and the state of stocks, are for illustrative purposes only and are not contractually binding.
5. CANCELLATION, REFUND, EXCHANGE
1. Registration for a Workshop is compulsory. Sessions missed by the Customer, or any other participant (when the Customer orders a Workshop or Workshops via Matierebrute.ch for a third party/parties), cannot be made up and will not be reimbursed.
2. In the event that the Customer, or any other participant (when the Customer orders a Workshop or Workshops via Matierebrute.ch for a third party), is more than 30 minutes late for the Workshop, Matière Brute reserves the right to cancel participation in the Workshop for reasons of organization and quality of the Workshop given. No refund will be possible.
3. In order to ensure that the Workshops run smoothly, Matière Brute sets a minimum and maximum number of participants for each Workshop. Places are allocated on a first-come, first-served basis (subject to timely payment). If the number of participants is insufficient, Matière Brute reserves the right to cancel the Workshop concerned and refund the amount paid by the Customer, subject to the Customer being given the opportunity to choose another available date to take part in the Workshop. If the Workshop is cancelled due to insufficient participants, Matière Brute will notify the Customer at least 3 days before the scheduled date of the Workshop.
4. A request to change the date of the Workshop ordered may be made by the Customer, or by any other participant (when the Customer orders a Workshop or Workshops via Matierebrute.ch for a third party/parties), by e-mail to email@example.com up to 10 days before the scheduled date of the Workshop concerned. In such a case, Matière Brute will endeavour to replace the vacancy and propose a new participation date to the Customer or participant(s) concerned. Matière Brute does not, however, guarantee that a change of date for the Workshop ordered may occur, in which case the date initially agreed will remain applicable and no refund will be granted.
5. If unforeseen or unavoidable events (such as natural disasters, epidemics, etc.) hinder the planned running of a Workshop, Matière Brute is entitled, depending on the circumstances, to modify certain services or to cancel the Workshop altogether. In such cases, the customer is entitled to a refund of payments made for services not replaced or performed. Any further claims on the part of Matière Brute (in particular any compensation for non-performance of the Workshop) are excluded.
6. GIFT CARDS
1. Customers can purchase gift cards via Matierebrute.ch. These are transferable and can therefore be offered to third parties.
2. The value of a gift card may under no circumstances be paid out in cash and is not interest-bearing.
3. Depending on the Customer’s choice at the time of ordering, gift cards are dispatched in the form of a printed gift card, sent to the postal address indicated by the Customer, or by e-mail to the Customer with the gift card as an attached PDF file.
4. The Customer is obliged to check the gift cards on receipt and to notify Matière Brute within three days of any errors or inconsistencies in this respect. Failing this, the Customer will be deemed to have accepted and confirmed the data indicated on the gift cards.
5. The customer is responsible for keeping the gift cards safe until they are used. Matière Brute cannot be held responsible for any loss or damage to a gift card.
6. Any person who receives a gift card from the Customer is required to attend the Workshop with the gift card. If he/she is not in possession of the gift card at the start of the Workshop, said person will not be able to assert a right of access to the Workshop or to reimbursement of the price of the Workshop concerned.
7. Matière Brute delivers only in Switzerland. The delivery time for gift cards is 5 working days after confirmation of the order to the Customer. However, this timeframe is purely indicative and non-contractual. No deliveries are made on Sundays or official public holidays in the canton of Vaud.
7. INTELLECTUAL PROPERTY
1. Matierebrute.ch and all content accessible through it (hereinafter the “Content”) are protected by copyright and, unless otherwise stated, are the exclusive and complete property of Marie-Laure Gally. The reproduction (in whole or in part), distribution, transmission (electronically or by other means), modification, linking or use of the Content for public or commercial purposes is prohibited without the prior written consent of Marie-Laure Gally.
8. DATA PROTECTION
1. Any personal data made available to Matière Brute by the Customer will be treated in accordance with the applicable legal provisions on data protection. The Customer authorizes Matière Brute to transmit, share and disclose to any third party the personal data transmitted to Matière Brute by the Customer to the extent necessary for the proper performance of the contract.
9. EXCLUSION OF LIABILITY
1. Matière Brute’s (or Marie-Laure Gally’s) liability for any damage of any nature whatsoever suffered by the Customer, or by any other participant in a Workshop (when the Customer orders a Workshop or Workshops via Matierebrute.ch for a third party/parties), in connection with any activity(ies), good(s), service(s) and/or any other service(s) of any nature whatsoever ordered via Matierebrute.ch shall only be liable in the event of wilful misconduct or gross negligence directly attributable to Matière Brute (or Marie-Laure Gally), it being understood that Matière Brute (or Marie-Laure Gally) is not responsible for the Workshop(s) concerned. All other liability (including that arising from the acts of vicarious agents or third parties) is excluded, unless otherwise provided by mandatory law.
2. In the event that Matière Brute (i.e. Marie-Laure Gally) is obliged by mandatory legal provisions to compensate the Customer or any other third party for damage caused by another service provider(s), the Customer’s claims for damages against the service provider(s) concerned are assigned to Matière Brute (i.e. Marie-Laure Gally). The Customer undertakes to take all necessary steps to obtain such a transfer of rights.
10. APPLICABLE LAW AND PLACE OF JURISDICTION
1. Swiss law shall apply exclusively to any claims or demands in contract, tort or otherwise arising out of any contract subject to these GTC, to the exclusion of conflict of law rules.
2. Any dispute arising out of or in connection with any contract subject to these GTC, which cannot be settled amicably, shall be subject to the exclusive jurisdiction of the ordinary courts of Lausanne (Switzerland), subject to mandatory legal provisions requiring compliance with another forum. Any appeal to the Federal Court is expressly reserved.
Version I, Lausanne, June 2020