General Terms and Conditions of Sale of Vouchers
For all purposes of the GTCS, the following capitalized terms shall have the following meanings:
Beneficiary: the person, designated by the Purchaser, who is mentioned on the Voucher and who has consequently the benefit thereof.
Purchaser: anyone acquiring one or several Voucher(s) through the Website.
Seller: the company safe mountain SA, having its registered offices at route de Cojonnex 18, c/o École hôtelière de Lausanne, 1000 Lausanne, Switzerland, registered with the commercial register of canton de Vaud under identification number CHE-260.803.096 (P: +41793850220).
Voucher: a voucher giving the Beneficiary a right to a credit, of a value equivalent to the amount mentioned thereon, for the purchase of an ISTA training from an Affiliate.
2.1 By submitting an order through the Website, the Purchaser declares meeting the minimum age as required by his/her/its country's legislation to do so and having capacity to establish rights and obligations through his/her/its acts. He/she/it also acknowledges that he/she/it has read, understood and that he/she/it agrees to abide by the GTCS without any reserve. Any order implies the prior and express acceptance of the GTCS. In case of disagreement with the GTCS, the Purchaser shall refrain from ordering through the Website. Derogations from the GTCS suggested by the Purchaser are valid only if accepted, in writing, by the Seller.
2.3 The Seller reserves the right to amend the GTCS, at any time and without prior notice, by publishing a new version thereof on the Website (which shall cancel and replace the existing version). Any order made after the publication of a new version of the GTCS shall imply acceptance of all provisions thereof.
2.4 the conditions of sale of Vouchers that are summarized on the Website, including during the order process, are only indicative. Only the provisions of the GTCS are binding upon the Seller.
3.1 The Purchaser shall register to place any order through the Website.
3.2 The Purchaser is solely responsible for the accuracy and the completeness of the information he/she/it provides during his/her/its registration.
3.3 As the case may be, the Purchaser shall inform the Seller of any modification of the data he/she/it provided by immediately updating his/her/its profile.
3.4 When registering, the Purchaser shall choose a password permitting access to the Website. This password is strictly confidential and should not under any circumstances be disclosed to third parties.
3.5 The Purchaser is solely responsible for the use, conservation and security level of his/her/its password. The Purchaser shall be held responsible for any order placed using his/her/its password, even without his/her/its knowledge.
3.6 The Purchaser shall immediately notify the Seller if he/she/it knows or suspects that a third-party has gained access to his/her/its password or email inbox.
4.1 The Vouchers have a value of 50 or 100 (CHF, €, $ or CAD) and can be used to purchase an ISTA training from an Affiliate, by completing (if need be) with another method of payment accepted by the Affiliate. The cost of the ISTA training depends on the conditions laid down by each Affiliate.
4.2 The value of a Voucher can never be reimbursed in cash and does not bear interests.
4.3 For each Voucher, the Purchaser must indicate the identity of the Beneficiary who shall be the only person authorized to benefit from the Voucher with an Affiliate. Only the persons above the age of 16 are authorized to participate in the ISTA training (with the authorization of his/her/its legal representative(s) if they are below the age of 18).
4.4 The period of validity of each Voucher is [one] year as from the date mentioned thereon.
4.5 The Purchaser undertakes to inform the Beneficiary of each Voucher that he/she/it acquires regarding the period of validity of the Voucher as well as any other provisions of the GTCS that apply to – or have an influence on – the Beneficiary.
5.1 The order of a Voucher is place in accordance with the instructions mentioned on the Website. The Website does not constitute an offer. By ordering through the Website, the Purchaser becomes bound and commits to acquire the selected Voucher(s). The offer shall be accepted by - and the contract entered into with - the Seller only from the moment the Seller sends to the Purchaser a confirmation of order by email.
5.2 The data registered by the Seller and summarized in the confirmation of order shall constitute an irrefutable proof of the order. The data registered by the payment system shall constitute an irrefutable proof of the financial transactions.
5.3 The orders placed through the Website are final and shall never be subject to reimbursement or cancellation.
6. Price and Payment
6.1 The prices indicated on the Website are inclusive of all taxes.
6.2 The costs relating to the access and connection to the Website to place an order remain at the exclusive cost of the Purchaser.
6.3 Any offer to order is subject to the prepayment of the entire price of the Voucher(s) ordered. The methods of payment accepted by the Seller are those indicated on the Website, to the exclusion of any other method of payment.
7. Delivery and Passing of Risk
7.1 Any order confirmed by the Seller will be delivered, In the form of a PDF Voucher, to the address indicated by the Purchaser upon order.
7.2 The email that contains the Voucher(s) shall be considered as received by the Purchaser as soon as it has been sent to the email address indicated by the Purchaser upon order. We recommend that Purchasers check the spam file of their inbox should they not receive an email. The Purchaser is the only person liable for his/her/its inbox and the persons who have access thereto. Any liability of the Seller in this respect is excluded.
7.3 The Purchaser is responsible for ensuring that the email address that he/she/it communicates upon order is correct and that the order and the confirmation thereof can be received at such address. Should this not be the case, any liability of the Seller is excluded (including if the Voucher is used by an unauthorized person).
7.4 The Purchaser is the only person liable for the use and storage of the Voucher(s) that he/she/it receives from the Seller. The Vouchers shall not be replaced or reimbursed in case of theft, loss or damage.
8. Prohibited Activities
Vouchers shall not be resold or used, in any form whatsoever, for commercial purposes. Reproduction and alteration of Vouchers are prohibited.
9. Warranty and Customer Service
In accordance with - and upon the terms and conditions of - the applicable legislation, the Vouchers are guaranteed against any lack of conformity with the GTCS.
Any claim or question may be submitted to our customer service whose details are the following:
10. Liability Waiver
10.1 The pictures and texts illustrating and describing the Vouchers on the Website are not contractual and are provided for information only. The Seller assumes no liability whatsoever in case of errors and/or omissions in connection with the pictures and/or texts displayed on the Website.
10.2 By offering Vouchers to Purchasers and Beneficiaries, the Seller performs a mere intermediary role between the Affiliates and them. The Seller is not the contractual partner of the Purchaser or the Beneficiary with regards to the ISTA training, which is given by the Affiliates in complete independence and under their own liability. The Seller gives the Purchaser and the Beneficiary no warranties whatsoever in relation with the ISTA training taught by the Affiliates. Any liability of the Seller in this respect is excluded.
11. Jurisdiction and Applicable Law
11.1 To the extent allowed by applicable law, these GTCS are subject to Swiss substantive law.
11.2 Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be Lausanne (subject to an appeal to the Swiss Supreme Court).
All rights on the GTCS belong to their authors. Any reproduction without prior authorization is strictly forbidden and will be sued.