Terms & Conditions

General Terms and Conditions of Use

Legal Notice

The website, accessible under the address www.shareandcreate.lu (hereinafter the “Site”), brings together all the information on the services provided by the company SHARE & CREATE. By accessing the site you accept all of these General Terms and Conditions of Use.

Editor

SHARE & CREATE

Sàrl-S

61, Rue de Merl,

L-2146 Luxembourg

Immatriculée au RCSL sous le numéro B 27 44 68

Website Hosting

Hostinger

Hostinger International Ltd., 61 Lordou Vironos str., 6023 Larnaca, Chypre [email protected]

General Conditions of Use of the site www.shareandcreate.lu

Article 1: Object

These Terms of Use describe the terms and conditions applicable to the services of the Site.

These conditions apply to the SHARE & CREATE Site as well as to all SHARE & CREATE Internet and Extranet initiatives. SHARE & CREATE reserves the right to adapt or modify these conditions at any time, provided that it informs any unidentified Internet user (natural person or legal entity) who accesses the Site (hereinafter referred to as the “Visitor”) on the Site or by e-mail. The Visitor acknowledges having read the terms of use and undertakes to respect them, as well as to comply with all applicable laws by accessing and using this Site.

Article 2: Legal notices

Director of publication: SHARE & CREATE

The Site is published and distributed by the company SHARE & CREATE, whose registered office is located at 61, Rue de Merl, L-2146 Luxembourg, registered in the Trade and Companies Register – RCS B 27 44 68, and represented by Elise Guerin, the manager.

Article 3: Liability – Use – Accuracy of information

Access to the Site is in principle possible 7 days a week and 24 hours a day, but SHARE & CREATE cannot be held responsible for any malfunction of the network or servers which would prevent access to the Site.

SHARE & CREATE reserves the right to interrupt or suspend access to all parts or part of the Site without notice without incurring any liability.

SHARE & CREATE reminds visitors that the use of this Site is at their own risk and that they are personally and legally responsible for the use of the Site and the services, particularly with regard to the law of electronic communication, the respect due to literary and artistic property, the right to respect for private life and criminal law.

The use of the Site is solely personal and private. Any user undertakes not to disseminate advertising, defamatory, denigrating, abusive or racist comments and will not use the Site in a way that such use would cause damage to third parties or to the image of SHARE & CREATE.

In the event of a violation of a legal provision and in accordance with the Luxembourg Law of December 17, 2021, SHARE & CREATE reserves the right to delete content offered by Visitors (in accordance with the amended law of August 14, 2000 relating to electronic commerce and trust and restrictions on the transmission of harmful content, in accordance with the amended law of 27 July 1991 on electronic media).

The information published on the Site is provided for information only and is based on the latest data known at the time of the design of the Site. SHARE & CREATE cannot be held liable for this information and SHARE & CREATE declines all responsibility in the event of any errors. SHARE & CREATE also reserves the right to make price changes at any time and to modify the construction and execution of its products or services without obligation to modify the products or services delivered accordingly.

Certain models and certain parts illustrated on the Site may differ slightly from the actual executions. Colors shown may only give you a general idea of actual colors and will vary depending on your monitor settings.

This Site is provided as is and SHARE & CREATE makes no express or implied representations or warranties with respect thereto. SHARE & CREATE and its information providers cannot be held liable for damage resulting from viruses of any form, bug(s), or even any program or application that is incompatible with the infrastructure used. by the user, or damage suffered by the Visitor as a result of a breakdown, interruption or error, development, restoration, control, maintenance, technical problem, cut in the telephone network or related networks or services, overload, negligence or fault of third parties or the Visitor, as well as in the event of events beyond the control of SHARE & CREATE.

SHARE & CREATE is not liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages, whether in any action in contract, statutory, tort (including, without limitation, limit, negligence) or otherwise relating to or resulting from the use of this Site, even if SHARE & CREATE knew or should have known of the possibility of such damages.

Visitor may not violate or circumvent, or attempt to violate or circumvent, any limitations on the Site, including on API calls, or use the Site in a manner that violates any SHARE & CREATE documentation or user manual. The Visitor may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to a SHARE & CREATE server or the Site by hacking, password mining or any other means. The Visitor may not obtain or attempt to obtain documents or information by means not intentionally made available through the Site.

Article 4: Intellectual property rights

The Visitor formally acknowledges that the presentation, content, graphic charter, brands and logos and all the information and data contained on the SHARE & CREATE site are protected by intellectual and industrial property rights and remain the property of SHARE & CREATE and its information providers.

The presentation, reproduction, distribution, sale, publication, modification and any use for commercial purposes of all or part of the Site and its content are prohibited without the prior written authorization of SHARE & CREATE. It is also forbidden to use them for illicit purposes. Any reproduction, copy or use by any means whatsoever without the agreement of SHARE & CREATE constitutes an infringement likely to lead to legal proceedings. The printing of the Internet pages of the SHARE & CREATE Site is however authorized for private use.

The databases of the Site benefit from the protection provided by the amended law of April 18, 2001 on copyrights, related rights and databases. The consultation and use of the databases in no way entail the transmission of the rights of ownership of the databases to the user.

In accordance with article 67 of the modified law of April 18, 2001 on copyrights, neighboring rights and databases, it is notably prohibited to carry out any “repeated and systematic extraction and reuse of qualitatively or quantitatively non-substantial of the content of the database when these operations manifestly exceed the normal conditions of use of the database”.

By submitting, posting or publishing their content, suggestions, enhancement requests, recommendations, comments, information, data or feedback (“Visitor Content”) on the Site, the Visitor grants SHARE & CREATE a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, incorporate, exploit, display, perform, reproduce, distribute and to prepare derivative works of the Visitor Content. The Visitor will retain ownership of the Visitor Content, however, any use of the Visitor Content by SHARE & CREATE may be made without any compensation being paid to the Visitor. By submitting, posting and publishing Visitor Content, Visitor represents and warrants that Visitor Content: (i) does not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, secret commercial, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; or (ii) slander or defame any third party.

Article 5: Integration of third-party services and content

It is possible that content from third parties, such as videos from YouTube, maps from Google Maps, links to Facebook, Instagram and LinkedIn etc., RSS feeds or graphics from other websites, may be integrated into the online offers line of the Site. This always assumes that the providers of this information (hereinafter referred to as “Third Party Providers”) know the IP address of the Visitors, since without an IP address they could not send the information of each Visitor to the browser.

The IP address is therefore necessary for the display of this information. SHARE & CREATE strives to only use content whose respective providers only use the IP address for the delivery of information. However, in cases where Third Party Providers record the IP address, for example for statistical purposes, SHARE & CREATE has no possibility of action. If SHARE & CREATE becomes aware of it, it will inform the Visitors.

Article 6: SSL encryption

The Site uses SSL encryption for security reasons and to protect the transmission of confidential information, including requests that the Visitor sends to SHARE & CREATE. The Visitor can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and is indicated by the padlock symbol in the browser.

If SSL encryption is activated, the data that the Visitor transmits cannot be read by third parties.

Article 7: Final provisions

If one of the provisions of these Conditions proves to be null, inapplicable or contrary to a provision of mandatory law, this in-applicability cannot influence the validity and applicability of the other provisions. These Terms of Use are subject to Luxembourg law. All disputes will be subject to the jurisdiction of the Luxembourg courts.

General condition of sale

Preamble

The site www.shareandcreate.lu (hereinafter the “Site”) is the website of the company SHARE & CREATE, owner and operator of the space SHARE & CREATE, 61, Rue de Merl, L-2146 Luxembourg, dedicated to services for individuals and companies through the theme of crafts and creative workshops.

The website www.shareandcreate.lu allows its users to make online reservations for workshops offered by artisans listed at SHARE & CREATE, as well as request quotes for team building events.

Workshop participants are informed that they are likely to appear in photographs taken during the event. These are intended to be published in written or digital media published by SHARE & CREATE (newsletter, website, social networks, etc.). If you do not wish to appear on these publications, please inform SHARE & CREATE as soon as possible at [email protected].

ARTICLE 1 – FIELD OF APPLICATION These General Conditions of Sale and Use (known as “GTC”) apply to any natural or legal person (hereinafter the “Customer”), wishing to make a reservation/purchase of product or Event presented by a craftsman (hereinafter the “Artisan”) at SHARE & CREATE on the website www.shareandcreate.lu. These General Conditions of Sale and Use have been validated and accepted by each Craftsman listed at SHARE & CREATE presented on the website.

SHARE & CREATE may modify the T&Cs at any time, in order to comply with any new regulations or in order to improve the use of said site. Therefore, the applicable conditions will be those in force on the date of the order by the Customer.

Any order placed via the website www.shareandcreate.lu entails the full and entire adherence of the Customer to these general conditions of sale, without exception or reservation, the Customer expressly declaring to have read in detail the said conditions and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site www.shareandcreate.lu.

The site prohibits the purchase of services or products for resale. Before any order, the Customer declares that the purchase by him of products or services on the site www.shareandcreate.lu is not directly related to his professional activity and is limited to strictly personal use. He further declares that he has full legal capacity, allowing him to commit to these T&Cs.

ARTICLE 2 – PROPOSED WORKSHOPS AND ARTISANS

2.1. Workshops

“Workshop” refers to the animation proposed by the Artisan and put online via the Site www.shareandcreate.lu. The terms of the Workshop are specified in the announcement posted by the Artisan on the SHARE & CREATE platform.

The detailed characteristics of these workshops as well as the Artisans involved are specified on the Site, and any additional information can be provided to the Customer by SHARE & CREATE at the following address: [email protected]

The Customer is required to read these characteristics before placing an order, the choice and purchase of a workshop being his/her sole responsibility.

2.2. Artisan and relations with SHARE & CREATE

All the Artisans involved in SHARE & CREATE have been selected according to their professional and human qualities, their skills, their experience in their respective fields, and their ethics.

All these Artisans are not employees of SHARE & CREATE. They alone decide and set the conditions for carrying out their Workshops without SHARE & CREATE exercising any direction, any hierarchical power, any control, any sanction, nor benefiting from any exclusivity concerning these Workshops and these Artisans. The contract binding SHARE & CREATE and the Artisans present on the site is a contract for the provision of services for consideration (or free in certain cases).

ARTICLE 3 – ORDER AND VALIDATION

3.1. Online order

The order is made directly on the Site, according to the steps indicated. Thus, the Customer who wishes to purchase an Event must: complete the identification form on which he/she will indicate all the requested details, complete the online order form giving all the references of the products or Events chosen, validate his/her order after having checked it, make the payment under the conditions provided, confirm their order and payment.

Before the final confirmation of his/her order, the Customer visualizes the details and the characteristics of his order: Event ordered, references, price, date of realization of the Event, date of the order, method of payment chosen by the customer, … and has the opportunity to correct any errors.

From the moment the Customer has validated his/her order, SHARE & CREATE acknowledges receipt of it and confirms it on behalf of the Artisan, within a maximum of 48 hours. The sale is not considered final until after the order confirmation has been sent to the Customer by SHARE & CREATE.

3.2. Order refusal

SHARE & CREATE reserves the right not to register a payment and/or not to confirm an order, for any legitimate reason, and in particular, SHARE & CREATE reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

3.3 Validity of the sale

All the data provided online by the Customer as well as the validation of his order and his payment constitute proof of the transaction.

In the event of fraudulent use of his/her bank card, the Customer is invited as soon as this use is observed, to contact SHARE & CREATE customer service by e-mail at the email address [email protected], providing a copy of their complaint for fraudulent use of their bank card. The sale is only considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.

ARTICLE 4 – CANCELLATION POLICY

4.1 Cancellation of the Event by the Artisan

It may happen that the constraints of the Artisans lead them to have to cancel the holding of an Event. In such a case, SHARE & CREATE or the Artisan informs the Client and offers to reschedule their Event to another date. If no solution is found, SHARE & CREATE may refund the amount paid by the Customer within seven (7) working days following the cancellation of the Event by the Artisan. The refund is then made by bank transfer.

4.2 Cancellation of the Event in the absence of the conditions required for it to take place

The realization of certain Events is subject to conditions specified on the descriptive page of the Event on the Site. For example, it may be a minimum number of people to ensure the realization of the Event, or suitable weather for the activity (often the case when it comes to outdoor activities). By default and if nothing else is specified in the description of the Event on the Site, the minimum number of participants required for an Event is one (1), the Event can therefore be canceled in the absence of registration(s).

If the conditions are not met, SHARE & CREATE or the Artisan may cancel the Event, no later than 12 hours before the scheduled date for its realization if possible, and will alert the Customer by email and/or telephone. SHARE & CREATE will offer to reschedule the Event to another date. If no solution is found, SHARE & CREATE may refund the amount paid by the Customer within seven (7) working days following the cancellation of the Event.

4.3 Cancellation of the reservation of an Event by the Customer

All reservations are firm and definitive.

The Customer can be reimbursed if he/she cancels their reservation at least five (5) working days before the date of the first day of the Workshop concerned. If the cancellation is made in less than five (5) working days before the Workshop is held, the Customer will not receive any refund.

In the event that the Client wishes to participate in the Workshop on a date other than that which has been reserved, the Client is advised to contact the Company at the address [email protected] so that the possibility is studied to change the date of their participation in the Workshop. The Company does not guarantee that another date can be offered to the Customer.

ARTICLE 5 – PRICE – TERMS OF PAYMENT

The prices of Events are indicated in Euros. These prices are those in effect when the order is recorded by SHARE & CREATE. These prices are firm and non-revisable during their period of validity but SHARE & CREATE may modify them, outside the period of validity. The payment requested from the Customer corresponds to the total amount of the purchase. It is paid by credit card, by secure payment, in full on the day of the order. Payment data is exchanged securely using the protocol defined by the approved payment provider involved in banking transactions carried out on the Site. Payments made by the Customer will only be considered final after effective collection of the sums due, by SHARE & CREATE, on behalf of the participating Craftsmen.

The Artisans are not required to supply the products or Events ordered by the Customer if the latter has not paid the price in full under the conditions indicated above.

The price of an Event is made up of two elements:

The remuneration of the Artisan in return for the Event carried out, if applicable;
The SHARE & CREATE commission in return for the connection.

The commission is used to cover the costs relating to the SHARE & CREATE Site, to pay the resulting taxes and to remunerate the company.

ARTICLE 6 – PROVISION OF EVENTS

The Events ordered by the Customer are provided on the date, at the time and at the address indicated from the final validation of the Customer’s order, under the conditions provided for in these GCS.

If the Events ordered have not been provided on the date, at the time and at the address indicated in the order validation, for any reason other than force majeure or the act of the Customer, the sale of the Event can be resolved at the Customer’s written request. The sums paid by the Customer are then returned to him/her no later than seven (7) days following the date of termination of the contract, excluding any compensation or deduction.

The Customer always has the possibility of opting for the replacement of the Event not provided or canceled by an Event of equivalent quality and price or by a total refund.

ARTICLE 7 – THE RUNNING OF AN EVENT

The Customer undertakes to be punctual. A delay of up to fifteen (15) minutes will be tolerated. The Artisan has the right to refuse the Customer’s participation in the Event due to excessive delay. In such a case, neither the Artisan nor SHARE & CREATE can be held responsible and the Customer cannot request a refund or compensation.

When holding an Event, the Customer agrees to adopt a respectful attitude towards the Artisan and other participants.

The Customer must respect all the safety and hygiene measures imposed by the Artisan and strive to implement the various directives necessary for the smooth running of the Event. This obligation includes the duty to warn the Artisan in the event of a health problem (of the parent or the child) which could compromise the smooth running of the Event. Any breach of this security obligation will authorize the Artisan to exclude the Client from the Event. In this case, the Customer will not be able to request, for any reason whatsoever, a refund or compensation. In addition, SHARE & CREATE is not liable for any damage resulting from a breach by the Customer of its security obligation.

It is recalled that Customers and Craftsmen act under their sole and entire responsibility. SHARE & CREATE offers an intermediation service and in no way controls the quality, veracity and risks inherent in the Events offered by external Artisans. As such, the poor conduct of these Events cannot result in any liability attributable to SHARE & CREATE, on any basis whatsoever.

ARTICLE 8 – SHARE & CREATE’S RESPONSIBILITY – GUARANTEES

SHARE & CREATE does not take part in the supply of Events when they are given by external Artisans. Commitments are formed directly between the Craftsmen and the Customer, they act under their sole and entire responsibility, in particular in accordance with the provisions of the Civil Code relating to the law of obligations and contractual civil liability as well as the Consumer Code.

SHARE & CREATE therefore assumes no liability in relation to the content of these Events and provides no guarantee as to the quality and smooth running of the Events delivered by the Artisans.

SHARE & CREATE does not exercise systematic control and assumes no responsibility in relation to:

The quality, the compliance of the offer with the law or the adequacy of the Events held by the Artisans;
The reliability and accuracy of any information about the Events or the identification of the Artisans;
Qualification of craftsmen.

In the event of a dispute between a Client and an Artisan regarding an Event, the Client concerned is invited to contact SHARE & CREATE via the following contact e-mail address: [email protected] to inform the Company of the existence of a disagreement. However, the resolution of this dispute will be the sole responsibility of the Customer and the Artisan concerned.

The Customer also has the right to submit the dispute to a consumer mediator to which the Craftsman has joined.

SHARE & CREATE assumes no obligation other than those relating to its role as intermediary and operator of the SHARE & CREATE Site online in accordance with the law in force and its duty to inform. SHARE & CREATE cannot guarantee the accuracy, completeness and timeliness of the information disseminated there.

The SHARE & CREATE Site is in principle accessible 7 days a week and 24 hours a day. However, access to the SHARE & CREATE Platform may be suspended under the conditions specified in Article 7.1. without engaging any responsibility of SHARE & CREATE.

In particular, SHARE & CREATE is not responsible for:

In the event of technical or computer problems or failures or incompatibility of the SHARE & CREATE Site with any hardware or software;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the SHARE & CREATE Site or its services;
The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it.

ARTICLE 9 – ACCESS TO THE SHARE & CREATE WEBSITE

9.1 Quality of services

SHARE & CREATE implements the technical solutions at its disposal to allow access to the SHARE & CREATE Site 24 hours a day, 7 days a week. It may nevertheless, at any time, suspend, limit or interrupt access to the SHARE & CREATE site or certain features thereof in order to make updates, modify its content or any other action deemed necessary for the proper functioning of the platform.

SHARE & CREATE strives to provide quality service. It allows the Customer to use the means of communication made available to him in the best possible conditions. Nevertheless, SHARE & CREATE cannot guarantee absolute accessibility or availability of the SHARE & CREATE Site.

Consequently, SHARE & CREATE cannot be held responsible in the event of unavailability of the SHARE & CREATE Site, for any reason whatsoever. SHARE & CREATE is also not responsible for the proper functioning of the Customer’s computer equipment as well as its access to the Internet.

9.2 Maintenance and update

SHARE & CREATE makes its best efforts to provide efficient services to the Customer. It undertakes to implement appropriate means to maintain the services in optimal operational conditions.

SHARE & CREATE reserves the right, without notice or compensation, to temporarily close the SHARE & CREATE Site, in particular to carry out an update, maintenance operations, modifications or changes to the operational methods and functionalities without this list being limiting.

SHARE & CREATE is not liable for damages of any kind that may result from these changes and/or temporary unavailability of the SHARE & CREATE Site or the services associated with it.

SHARE & CREATE reserves the right to supplement or modify or have modified, at any time, the SHARE & CREATE Site and the services available therein according to the evolution of technologies.

9.3 Security

The SHARE & CREATE Site is an automated data processing system. Any fraudulent access to the latter is prohibited and penalized. SHARE & CREATE makes its best efforts, in accordance with the rules of the art, to secure the SHARE & CREATE Site. Given the complexity of the Internet, however, it cannot ensure absolute security.

ARTICLE 10 – PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the products or Events, their production and delivery, as well as their transmission to third parties involved in the realization of the Events. These personal data are collected only for the execution of the contract.

Please refer to our Privacy Policy: https://www.shareandcreate.lu/privacypolicy/ for more information.

ARTICLE 11 – INTELLECTUAL PROPERTY

These GCS do not confer on the Customer any right of ownership over the SHARE & CREATE Site, its content, and in particular the photos and videos of the Events and the documentation transmitted under this contract, which are the property of SHARE & CREATE and of its partners and are protected by Luxembourg and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

The temporary use of the SHARE & CREATE Site under the conditions provided for in these GCS cannot be analyzed as the transfer or license of any intellectual property right for the benefit of the Customer. Consequently, the Customer is prohibited from any use not authorized by SHARE & CREATE of the elements mentioned above, and more generally of all the protected elements, and in particular on competing sites.

The SHARE & CREATE logo and name present on the SHARE & CREATE Site belong to the Company SHARE & CREATE.

Any representation, reproduction and/or exploitation, total or partial, of the brands, of any nature whatsoever, is prohibited without the prior written consent of SHARE & CREATE.

The Customer is prohibited from:

File or register trademarks and/or domain names including the expression SHARE & CREATE”, alone or with figurative elements; modify their corporate name, trade name or sign for a name including the expression “SHARE & CREATE”.

ARTICLE 12 – APPLICABLE LAW – LANGUAGE

These Ts & Cs and the resulting operations are governed by and subject to Luxembourg law. These Ts & Cs are written in English. In the event that they are translated into one or more foreign languages, only the English text shall prevail in the event of a dispute.

ARTICLE 13 – DISPUTES

For any complaint, please contact customer service at the postal or email address of the Service Provider indicated in article 1 of these GCS.

All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts of the city of Luxembourg, under common law conditions.

ARTICLE 14 – MODIFICATION OF THE GENERAL CONDITIONS

SHARE & CREATE reserves the right to revise these Ts & Cs in order to adapt to its technological and commercial environment and to comply with the regulations in force.

Any modification of these Ts & Cs will be notified to Customers by publication on the SHARE & CREATE Site.

ARTICLE 15 – LEGAL NOTICES

SHARE & CREATE is a Sarl-S, whose registered office is 61, Rue de Merl, L-2146 Luxembourg (Luxembourg), registered with the Luxembourg Trade and Companies Register under number B 27 44 68, email: [email protected]