ARTICLE 1: FOREWORD
The purpose of these General Terms and Conditions of Sale of online travels is to define the rights and obligations of online travels' seller and the purchaser, including commercial or non-commercial entities and end individual consumers (hereinafter altogether the "customer"). They apply without restriction or reservations to the purchases made by end customers and non-professional buyers on the seller's website: https://wind4tune.com
(hereinafter, the "Website").
Presentation of the online travels (hereinafter also the "product") on the Website does not represent an offer but shall be understood as a non-binding invitation for the purchaser to submit an order, constituting an offer.
They also apply to offline selling and any types of distance selling, such as telephone sales or email-order sales, where distance selling is defined as any sales technique that allows the buyer to order a product without being present at the point of sale.
They take precedence over any other document, such as brochures and catalogues, descriptions on the Website.
The seller reserves the right to adapt or modify these Terms and Conditions of Sale at any time. In case of modification, only the General Terms and Conditions of Sale in force on the day of the order shall apply.
In the case of online sales, the customer acknowledges having read and accepted, at the time of the ordering an item, these General Terms and Conditions of Sale and has the possibility of saving it at any time on a durable medium by printing or downloading them, using the functions of the Website provided for this purpose.
Before the contract is concluded by other offline or distance selling techniques, the seller provides the customers with information concerning its identity, the essential characteristics of the product and the price along with these General Terms and Conditions of Sale.
ARTICLE 2: IDENTIFICATION OF THE SELLER
Sales subject to these general terms and conditions are operated by 2999 NE 191ST, ST Suite 907,
Aventura, FL 33180. Email email@example.com. The offline or distance selling service of the seller can be reached by phone at +7(495)128-68-16 or by email: firstname.lastname@example.org.
ARTICLE 3: ORDER
Article 3.1: Capacity of the customers
Only persons legally able to enter into contracts concerning the items offered by the seller, including on the Website, may place an order. When placing an order, you must have the full legal capacity to adhere to these General Terms and Conditions of Sale.
When you pay by credit card, you declare that you are fully authorised to use the said card.
Article 3.2: Ordering
The list of items from the seller proposed in the context of offline or distance selling is available on the Website and/or may be provided by email upon the buyer's request.
Any order made on the Website warrants the buyer's full and unreserved acceptance of these General Terms and Conditions of Sale. The main steps for ordering are described below.
You will be able to select the items from the offers referenced on the Website. To place an order, you will need to fill in mandatory fields in order form on the Website.
In accordance with the applicable legal provisions, each product selection specifies the essential characteristics of the product, its price and access details. You will be able to modify or cancel the selection before making any payment.
Order finalisation requires full payment of the product price. To continue and finalise the order, click on "proceed to payment".
You will be asked to read these General Terms and Conditions of Sale and must expressly accept them before validating and paying for your order. By accepting the General Terms and Conditions of Sale, you acknowledge having received all necessary information before confirming your order.
After confirming the contents of your order and having been informed that by validating and submitting your order, you agree to pay the price, you will have to choose from the means of payment proposed by the seller on the Website and pay.
Ordering by phone, by email or via representative of the seller
You can reach the distance selling service or representative of the seller by telephone at the following number: +7(495)128-68-16 available from Monday to Friday from 10:00 am to 6:00 pm (GMT -4).
You can choose from being redirected to the Website to order online or ordering directly by phone or via representative by way of negotiating the commercial terms of the order and paying the invoice sent to you by the seller's representative.
You can also order by email by sending your order to the following address: email@example.com.
Article 3.3: Order confirmation
Once your order has been validated you will receive your electronic ticket for the event and/or a confirmation email acknowledging receipt of your order. This email contains a link to the event and the Website that allows you to access, download and print these General Terms and Conditions of Sale from the Website.
The items and their prices are valid as long as they are visible on the Website, within the limit of available stock.
The sale will be considered definitive and the order becomes binding once the customer has completed payment and the seller has sent the electronic ticket and/or order confirmation by email as mentioned in the first paragraph of this Article.
Ordering by phone, by email or via representative of the seller
If you choose to order offline, you will need to negotiate with the seller's representative the specification of the online travels that you wish to order and commercial terms thereof. Following your agreement with the representative on the final commercial terms and specification of the online travels you selected, the seller issues an invoice, which includes the specification and commercial terms and refers to these General Terms and Conditions of Sale. Payment of the invoice in full constitutes a binding contract between you and the seller which is subject to these General Terms and Conditions of Sale.
ARTICLE 4: PRICES
The prices of the items appearing on the Website may be indicated in US dollars, euro or other currency as the seller may determine.
Any taxes, duties, fees, imposts, tariffs and charges that may be raised by particular countries or authorities of your residency related to the conclusion or execution of your order shall be borne by you. In the event the seller is required to pay such charges to any authority of your residency in connection with your order, you shall indemnify and hold harmless the seller for any such payments.
Items are invoiced on the basis of the rates in effect on the day of validation of your order or as may be agreed with the representative of the seller in offline sale.
The prices displayed on the various media containing offers from the seller, in particular paper documents such as leaflets, may have a limited validity period specified on said media. Please verify that the price is still in effect before placing your order.
In the event of obvious errors on the Website or made in connection with your order, the seller reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the product at the correct price or cancelling your order.
ARTICLE 5: PAYMENT
Payment for purchases on the Website can be made by credit card, PayPal, bank transfer at the time of the order. The seller reserves the right to exclude or include particular payment methods at any time.
Payment for the purchases ordered offline via representative of the seller shall be made on the basis of invoices issued by the seller via bank transfer. The customer receives an invoice at least 2 days before the online travel is carried out. This invoice payment is to be made in full before the date of the online travel, unless otherwise is provided in the invoice and its commercial terms agreed with the purchaser.
Your order will be made upon verification of the payment method you chose and according to your payment method following:
Receipt of your credit card authorization or;
- Receipt and identification of your bank transfer on the seller's bank account or;
- Receipt of your PayPal account debit.
The seller reserves the right to refuse any access to the online travel in case of refusal of authorisation of payment by credit card from officially accredited bodies, in case of non-payment and in case of legitimate reasons to doubt your means of payment.
ARTICLE 6: CUSTOMER DUTY OF COOPERATION
Subject to and only after receipt of the full payment of the order(s) selected by you, unless otherwise agreed with the seller's representative, the seller shall provide you by email with access details to online travel before the date and/or time of the event.
The customer must fulfil preconditional technical provisions from the seller (amongst others: a stable internet connection, current browser version, loudspeaker or headset, Adobe Flash player and any other conditions that may be required by the platform used by the seller for streaming the event, such conditions are visible via link with access to the online travel which the customer receives before the travel date). The customer is responsible for checking and ensuring that technical conditions are fulfilled. A possible failure in the customer preconditional technical provisions, including during the online travel, is not a release from the contractual duty to pay. The customer is obliged to store the access data carefully, not to transfer it to unauthorised third parties and to protect it from the access of such third parties. The customer is further obliged to keep the registration data, in particular the contact data up to date.
ARTICLE 7: PROCESS, ONLINE TRAVEL CANCELLATION OR POSTPONEMENT
All online travels correspond to the binding scope and content determined in the individual order specification, subject to necessary organisational and content alterations insofar that they do not substantially change the complete character of the event. The seller can, if necessary, replace the initially intended guide with another equally qualified person. The customer has no claim on the selection of a certain guide/event leader. Should the customer miss the complete online excursion, walk or travel or individual parts of it the customer has no claim for a replacement of the missed appointments missed or redress against the seller.
The seller has the right to cancel or postpone online travels for reasons for which it is not responsible, when the guide is ill or other cancellations through no fault of its own (maintenance work internet connection problems etc.). A message is immediately sent by email to the contact provided by the customer.
The seller has the right, at its own discretion, to cancel or postpone online travels if necessary minimum number of participants is not reached. In this case the online travel may be postponed maximum 3 times, following which the event shall be cancelled and paid fees shall be refunded to the purchaser. The customer has no further claim against the seller, in particular for compensation for damages.
The seller has the right to postpone the online travel to a substitute appointment when the guide is ill and there is no possibility of finding a replacement in time. Should this be cancelled without a substitute appointment the participation fees already paid are refunded to the customer. The customer has no further claim against the seller, in particular for compensation for damages.
ARTICLE 8: PROPERTY RIGHT AND COPYRIGHT
The seller expressly retains the copyright or right of use for the documents created by the guide. Documents for the online travel, excursions, walks may not be duplicated or made publicly available without written consent of the seller but may only be used for private purposes.
ARTICLE 9: USE OF PERSONAL INFORMATION
To register for the event via Website, you need to specify your name and email. Should you wish to order offline via seller's representative, you will need to provide your full contact information for issuing the invoice (full name, address, email, telephone, etc.). You are responsible for keeping this information correct, confidential, and up to date.
By completing the order form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization. If you place an order on behalf of an organization, you ensure that you have the authority to do so.
The seller is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your order.
In case of online payments, you are required to enter your payment details. Online payment information related to your order is processed by the seller's payment service provider. The seller does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.
By placing your order, you agree that your contact and payment information may be used to process your payment and to execute your order.
ARTICLE 10: DATA PROTECTION
The seller shall comply with the provisions of applicable data protection law and take all reasonable measures to keep your personal information confidential and secure.
The seller will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfill the purchase contract, to comply with legal and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the use of the product.
The seller will not disclose your personal information to any third parties for marketing and advertising purposes without your explicit consent.
If you are resident to the European Union, under European regulations on the protection of personal data, you have the right to access, rectify, oppose the processing, limit and delete your personal data, as well as provide specific instructions to the seller on how your personal data should be treated after your death, by making a request by email or postal mail to the seller at the following address: 2999 NE 191ST, ST Suite 907,Aventura, FL 33180, or email - firstname.lastname@example.org. You also have the right to oppose use of your personal data for the purposes of receiving commercial prospection, by making a request by email or postal mail to the above addresses.
ARTICLE 11: LIABILITY
Unless the seller is proven to have defaulted intentionally or through gross negligence, claims for damages or the rescission of the contract on grounds of late delivery is excluded. The seller's total liability in any matter arising out of or related to these General Terms and Conditions of Sale is limited to the purchase price.
ARTICLE 12: LITIGATION, FORCE MAJEURE AND APPLICABLE LAW
These General Terms and Conditions of Sale are subject to English law, excluding its conflict of law rules. The application of the United Nation Convention on Contracts for the International Sale of Goods shall be excluded.
All disputes relative to the interpretation and/or performance of the services covered by these General Terms and Conditions of Sale will be the jurisdiction of the competent state arbitration courts of the Russian Federation.
However, neither Party may be held liable for the total or partial non-performance of its obligations if this non-performance is due to a fortuitous event or the occurrence of an element constituting force majeure as defined by case law, such as, but not limited to, flood, fire, storm, lack of raw materials, total or partial strike of transport services, epidemic, pandemic, acts of state authorities preventing a party from fulfillment of its obligations under the contract. In such a case the parties agree that they shall meet to discuss the situation as soon as possible in order to determine the modalities of performance of the order if the case of force majeure continues beyond a period of two months.
In the event that any of the provisions are cancelled or considered to be unenforceable to the customer by a court decision, then the remaining provisions of these General Terms and Conditions of Sale shall remain in full force.