General Terms & Conditions
The well · change atelier (hereinafter the "well") operates and makes available the Website, through which it offers art-based processes and tools to cultivate connection, creativity, and wellbeing – for a better tomorrow.
These Terms govern the relationship between any User and the well.
INTRODUCTION
This Website is operated by the well · change atelier, a project run by Nora Wilhelm. All information, tools and Services are made available to User, provided User accepts these Terms and other policies governing the use of the Website.
GENERAL PROVISION
1. Definitions
The following terms shall have the following meaning in the context of these Terms:
"Content": any information available on the Website and all e-mails sent by the well, as well as all Services and material, including among others blog posts, graphics, newsletters, designs, documents, information, templates and materials;
"Intellectual Property Rights": any and all intellectual property rights, registered or not, in particular patents, designs, copyright, trademarks, know-how and any other form of intellectual property;
"Personal Information": any and all information that can be used on its own or together with other information to identify, contact, or locate a person, including but not limited to personal information such as User's name, address, e-mail address, telephone number and home address;
"Price": the price applicable when purchase Services or a Product;
"Products": products (including books) that may be sold through the Website;
"Services": services that may be offered through the Website, such as in-person events;
"Terms": these general terms and conditions, as may be adapted from time to time by us;
"Third-Party Service Provider": third-party providing Services;
"User": any person using or viewing the Website or to whom the well provides Services;
"User Account": the account a User creates on the Website;
"Website": the website https://www.changeatelier.org/; and
"well · change atelier" or "well": the project, which offers art-based processes and tools to cultivate connection, creativity, and wellbeing - for a better tomorrow, as a part of which the Website is operated.
2. Object
2.1. These Terms apply to the use of the Website by User as well as to all Services the well provides to User.
2.2. They also apply to any order placed by User on the Website, be it for Products or Services.
2.3. In case Services are provided by Third-Party Service Provider, User is bound by a contract directly with the Third-Party Service Provider and the well acts solely as an intermediation platform to enable User to request and receive these Services. The well shall however use its best endeavour to ensure the quality of the Services provided by Third-Party Service Provider.
3. User Account and data
3.1. User may create a User Account on the Website. By registering, User certifies they are authorized to open a user account in accordance with these Terms.
3.2. A User Account may only be opened and used by a natural person of at least eighteen years of age. The well reserves the right, at its sole discretion, to subject the opening of user accounts to other conditions.
3.3. The User Account is personal and is neither assignable nor transferable. User is responsible to protect and maintain confidential their password.
3.4. User undertakes to inform the well immediately of any fraudulent use of their password or User Account and of any other breach of security.
3.5. Where required, User undertakes to provide accurate, current and complete information about themselves and to maintain and update such information.
3.6. If the well has reason to believe that User does not comply with any provision of these Terms, it reserves its right to suspend or terminate the User Account and refuse any and all current or future use of the Website.
3.7. The User Account may be deleted without further notice at the request of its rightful owner. Termination of a User Account will not affect orders in progress. If necessary, User will provide the well with any information required to complete the order.
4. Services and Products
4.1. The Services and Products include those offered directly by the well as well as the Services provided through Third-Party Service Provider, as listed on the Website.
4.2. In case an order for an unavailable Service or Product is placed, no contract shall be concluded (even if those are wrongly indicated as available on the Website).
5. Third-Party Service Provider
5.1. For services provided by Third-Party Service Provider, the well acts as an intermediation platform between User and Third-Party Service Provider. Third-Party Service Provider is an independent third party to the well, and in no event is employed by it.
5.2. For some Third-Party Service Provider services, User may be required to accept separate terms and conditions before accessing such services.
6. Price
6.1. The Price for Services and Products indicated on the Website at the time of the order is applicable to that order.
6.2. Unless otherwise stated, the Price is in Euros, VAT being not applicable.
6.3. Payments are usually made by credit card. The well does not have access to confidential information relating to credit card payment. The information entered is encrypted and transmitted to Stripe Technology Europe Ltd. securely without the well having access to it.
7. Order
7.1. By clicking on "Purchase", User confirms the order of the Services and Products placed in their basket. The well may refuse an order at its own discretion, without having to give reasons.
7.2. In general, orders placed on the Website cannot be cancelled by User. In exceptional cases, however, the well may, at its sole discretion, comply with requests for cancellation made by User within a reasonable period, provided that the order has not yet been processed. If the well agrees to the cancellation request, it will refund User, minus a processing fee. Any refund will be made through the payment method used at the time of order, minus any right to charge a processing fee.
7.3. User should be particularly careful regarding the accuracy of the e-mail address they provide. In the event User provides incorrect contact details, it may not be possible for them to obtain the purchased Products and Services.
8. Cancellation for in-person events
8.1. For in-person events, the following cancellation policy applies, in each case minus a processing fee:
Full reimbursement in case of cancellation up to three months prior to the event;
50% reimbursement in case of cancellation up to two months prior to the event; and
10% reimbursement in case of cancellation up to one month prior to the event.
For the avoidance of doubt there is no reimbursement for any cancellation made within one month of an in-person event.
9. Shipping and return for physical products
9.1. For physical Products, shipping costs depend on the shipping destination. Applicable shipping costs are indicated at check-out.
9.2. Once User’s order has been shipped, they will receive a tracking number by email.
9.3. The well truly hopes User will be satisfied with the purchased physical Products. If for any reason User wishes to return a purchased physical Product, they are entitled to a full refund, to the exception of shipping and processing costs, provided the physical Products are returned in the same state they were shipped to User.
9.4. To organize a return, User shall send an email to hello@changeatelier.org.
9.5. If payment was made with a credit card and provided the physical Products are returned in accordance with these Terms, User shall receive money back within 14 days of their return.
10. Intellectual Property Rights and ownership
10.1. Subject to User’s compliance with these Terms, the well grants to User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and the Content. User has no other rights in the Services and shall not use the Services beyond the scope of the access granted under these Terms.
10.2. The Website and Content are protected under copyright laws and may be registered as designs or trademarks. The copying, redistribution, use, or publication by User of any portion of the Website and the Content is subject to the well’s prior written consent. Nothing in these Terms constitutes a transfer of right from the well to User.
10.3. The well may generate Content based on usage information, including without limitation through monitoring, session replay, and recording tools. All rights, title, and interest in the Content, and all Intellectual Property Rights therein, belong solely to the well. For the sake of clarity, usage information is always in aggregated and de-identified form.
11. Content
11.1. The Website and Content are drafted with care. They however do not constitute advice, and the well does not warrant their accuracy, quality or reliability.
11.2. The well and its team are not therapists, or licensed medical professionals. They wish to assist User to the best of their abilities and experience, but in no event do the Website or the Services constitute medical advice.
11.3. The Website and Content can under no circumstance replace a medical diagnosis or treatment. In particular, the well in no event recommends to stop medical care without receiving due professional advice.
12. Liability
12.1. The well excludes its responsibility to the greatest extent authorized by the law. It may be held liable solely in the case of gross negligence or willful misconduct.
12.2. Where the well acts as an intermediary between User and Third-Party Service Provider, the well is not part to that contractual relation and cannot be held liable as a result of it. The contractual relationship is solely between User and Third-Party Service Provider.
13. Privacy
By using the Website, User may provide the well with certain data, including data of a personal nature, in particular name, e-mail address, or home address and certain other information regarding User. By submitting User’s personal information through the Website, User consent to the use of such data by the well in accordance with the Privacy Policy available here.
14. Final provisions
14.1. The well’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.2. If a provision or parts of these Terms is or becomes ineffective, the effectiveness and enforceability of all other provisions shall remain unaffected. It is agreed that the ineffective clause shall be replaced by an effective one whose content reflects the commercial purpose initially pursued.
14.3. The well may assign or transfer any of its rights or obligations or sub-contract the performance of any of its obligations under these Terms to any third party at any time without User’s consent (such consent being given by these provisions).
14.4. These Terms and the relationship between the well and User shall be governed by Swiss substantive law.
In the event of a dispute in relation to those Terms, the well and User shall first attempt to resolve the dispute through mediation. Should mediation fail, the competent courts of Zürich, Switzerland shall have exclusive
