General terms and conditions

1. Area of application

1.1 The following general terms and conditions (GTC) apply to customers or members who purchase products and services offered by PersonalityClub GmbH, CH- 8808 Pfäffikon SZ (hereinafter referred to as “Service Provider”) via the website “www.personality- world.com” (“Website”), unless expressly agreed otherwise in writing between the parties.

1.2 Together with the individual product descriptions and conditions contained on the website “www.personality-world.com”, these GTC constitute the final agreement (hereinafter referred to as “Agreement”) between the Client and the Service Provider.

1.3 By ordering the products and/or applying for membership, these GTC are deemed to be accepted. General terms and conditions of customers shall not apply. The respective binding version of the GTC shall be published on the Website.

1.4 When interpreting the GTC, the German version shall be authoritative.

2. Offer | Conclusion of contract

2.1 The offers made by the service provider in price lists and on the website are subject to change and are non-binding or a non-binding invitation to customers to order the product in the online shop or to apply for a membership to obtain services. Orders and applications are only binding for the service provider after written confirmation (order confirmation). At this point in time, a contract is concluded.

2.2 The offer of products is generally directed at customers with their place of residence or company headquarters in Switzerland. Deliveries will only be made to addresses in Switzerland.

2.3 The information in the sales documents (website, illustrations, dimensions and weights) are to be understood as indicative only and do not constitute a guarantee of characteristics unless they are expressly designated in writing as binding. In particular, no liability can be accepted for the accuracy, completeness and up-to-dateness of the information.

2.4 According to the legal provisions, alcoholic beverages may not be sold in Switzerland to minors under the age of 16, and spirits may not be sold to minors under the age of 18. By placing an order on “www.personality-world.com”, the customer acknowledges these provisions and confirms that he/she is authorised to make the purchase. The service provider declines all liability in the event of infringement.

3. Prices

The prices stated in the order confirmation are decisive. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the daily price on the day of the order shall apply. Unless otherwise agreed, the prices are exclusive of transport costs and, unless otherwise stated, exclusive of statutory value added tax.

4. Delivery

4.1. The exact delivery costs depend on the size and weight of the order and are bindingly announced upon conclusion of the contract.

4.2. Dates and delivery periods are non-binding and without guarantee, unless otherwise expressly agreed in writing. The delivery times can change at any time and without notice. The specification of specific delivery periods and delivery dates by the service provider is subject to the correct and timely delivery of the service provider by suppliers and manufacturers. Delivery can also become completely impossible if a product can no longer be manufactured or delivered.

4.3. The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport. If the dispatch is delayed or becomes impossible through no fault of the service provider, the risk passes to the customer upon notification of readiness for dispatch. If the service provider assumes the transport costs as agreed in individual cases, this has no influence on the transfer of risk.

4.4. Delivered products must be checked immediately for correctness, completeness and integrity. If errors or damage (visible or not) occur, the customer must report these to the service provider immediately after discovery, but at the latest within 7 calendar days after receipt of the shipment or acceptance of the products. For further claims processing, the consignment must be kept in the condition in which it was delivered and the product must not be used.

5. Guarantee

5.1. The warranty lasts until the best-before date. In the case of spirits, this is 2 years in accordance with the following provisions, unless otherwise expressly agreed in writing. The warranty period begins on the date of delivery.

5.2. If any product instructions or restrictions on use are not followed, or if the defect is due to improper use, storage and handling, then any warranty is void. Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty rights. Liability for normal consumption or wear and tear, warranty claims against the service provider are only available to the direct customer and are not transferable.

5.3. Likewise, there is no guarantee in connection with the properties of a product that result from its nature.

5.4. The statutory warranty rights are modified insofar as only the warranty rights according to Section 6 of the General Terms and Conditions apply.

5.5. There is no right of revocation or withdrawal.

5.6. The images shown are for reference only, the actual product may differ from the images on the web shop.

6. Warranty rights | returns

6.1. If the delivered products are defective, they can be returned. In this case, the service provider will endeavor to find an equivalent replacement (replacement delivery). However, it is at the discretion of the service provider to offer a voucher for products on the website to the value of the purchase price instead of the replacement delivery. The reduction is excluded.

6.2. The exchange and return of products (conversion) are generally not possible. An exchange or return can only take place in exceptional cases and as a gesture of goodwill and after consultation with the service provider. The price basis for all returns and exchanges is always the current price that is valid on the day of the return or exchange.

6.3. For returns, it is required that they be sent or delivered to the service provider with a complete and detailed description of the error/defect and the order number with which the delivery was made. A return of products by the customer requires the prior consent of the service provider and is at the customer’s expense and risk.

7. Retention of title

The delivered goods remain the property of the service provider until full payment has been made. The customer expressly grants the service provider the right to enter any retention of title in the retention of title register.

8. Payment

8.1. Unless otherwise agreed, delivery is made exclusively against prepayment after receipt of the order confirmation or credit card payment.

8.2. The delivery is generally not free, i.e. at the expense of the customer by parcel post, forwarding agent or their own vehicle, unless something else has been expressly agreed.

8.3. A payment is only deemed to have been made when the service provider can dispose of the amount.

9. Liability | Limitation of Liability

Claims for damages against the service provider due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded, unless intentional or grossly negligent action is involved. No liability is accepted for indirect damage or consequential damage resulting from the use of the products.

10. Membership Personality Club

10.1. By acquiring membership, the various services of the “PersonalityClub” operated by the service provider are available to customers as members in accordance with the catalog on the website. The goals of the PersonalityClub are:

– the networking of members with similar interests;

– Developing and maintaining relationships between members, through periodic proposals for activities in Switzerland and abroad;

– Organization and implementation of exceptional trips that allow members to deepen their professional relationships and establish lasting contacts.

10.2. Despite the designation “Member”, admission to the PersonalityClub does not grant a right to a say or there is no association membership or the like. There is no entitlement to admission to the club.

10.3. The PersonalityClub is open exclusively to people of all nationalities who hold positions of responsibility in business, politics, culture or philanthropy.

10.4. Applicants must have been recommended by at least one existing member or have received approval from the service provider to join. Existing Members must ensure the ethics, quality and good conduct of their proposed candidates during their PersonalityClub membership. The service provider can also recommend candidates directly.

10.5. Candidates and members of the PersonalityClub agree to have a clean criminal record and no ongoing lawsuits and/or debt enforcement.

10.6. The applicant must submit the completed and signed application form via website or email. Depending on the information provided, additional documents may be requested. The registration will be checked and a reply will be sent as soon as possible. The decision is taken without the obligation to state any reason for rejection.

10.7. The candidate’s partner can join the PersonalityClub as a partner member.

10.8. Membership in the PersonalityClub applies to all branches opened by the club, in Switzerland and abroad.

10.9. Without notice, at least two months before the end of the one year validity, the membership will be renewed automatically. The date specified in the application is decisive.

10.10. Payment of contributions must be received within 30 days of the validation of the application. After receipt of payment, the candidate will definitely receive the status of a member of the PersonalityClub and can then benefit from the advantages mentioned on the website.

10.11. Photographs are often taken at PersonalityClub events. The photos can be published on the website, in social media and in the press. If the Member refuses to appear in the photos, they must inform the Service Provider in writing in advance. If the Member wishes to delete their photos from the Website or other information layers without notifying the Service Provider in writing in advance, they will be charged the cancellation fee.

10.12. The service provider can suspend or definitively exclude a member for a certain period of time in the following cases (not exhaustively):

• Violation of these GTC;
• Member’s conduct harmful to PersonalityClub;
• If the member commits an act that is considered unworthy and contrary to or harmful to the goals and values of PersonalityClub;
• If the annual fee is not paid within 30 days and after a reminder has been sent, the member will be immediately excluded from the PersonalityClub for non-payment.

10.13. If a member wishes to leave the PersonalityClub, they must inform the service provider in writing at least 60 days before their annual membership fee expires. After this period, the annual fee is due.

11. Personality Club events

11.1. Registration for events is generally mandatory.

11.2. A confirmation of registration is no guarantee of implementation. If there are too few registrations or other unforeseen events, the service provider reserves the right to cancel the event at short notice.

11.3. The Service Provider endeavors to make every effort to organize high-quality events for members. However, she declines all responsibility in the event of a change in data or a cancellation outside her area of responsibility. In the context of conferences organized by the service provider, no responsibility can be accepted for the resignation of a speaker. In the event of a speaker’s absence, lunch or dinner will be maintained and members will not be able to request a refund.

11.4. For each event (lunch, dinner, excursion, etc.) a personal invitation is always sent by email or post.

11.5. Members are obliged to pay for their participation in events in advance at least three days before the event and to state their name and the reason for their payment when making the transfer. The Service Provider cannot be held responsible if the sender of a payment is unknown or cannot be identified. The service provider does not accept on-site payments.

11.6. If, despite registration, there is a hindrance, the members are obliged to unsubscribe by e-mail. If a member cancels an event less than three days in advance, the amount is still due and there is no right to a refund.

11.7. Upon request, members will receive an invoice for the various services purchased.

11.8. At the invitation or suggestion of an existing member, a potential new member can be invited to a lunch or dinner. The guest who is not yet a member must have a position of responsibility and their presence must be confirmed by the service provider. At the end of the meeting, the guest may be suggested to join the PersonalityClub.

12. Data protection

The service provider is entitled to process the data received about the customer in relation to the business relationship or in connection with this, regardless of whether it originates from the customer himself or from third parties, in accordance with the applicable data protection regulations. The current data protection declaration can be found on the website.

13. Applicable Law and Jurisdiction

13.1. All aspects of the legal relationship between the customer and the service provider are subject to substantive Swiss law.

13.2. All disputes arising from or in connection with this legal relationship are to be decided by the ordinary courts at the registered office of the service provider

Status: June 2023