Terms & Conditions
DARE TO GEMBA WALK WEBSITE
TERMS & CONDITIONS OF PURCHASE
The Lean Analytics Association (LAA) is a non-profit organization that connects innovation challenges to lean solutions through a network of international experts. LAA collaborates with organizations around the world throughout their transformation journeys, inspiring and enabling them to learn about the latest trends, lean methodologies, best practices and digital technologies to speed the launch of innovative human-centric novel solutions. We strive to develop leaders and engage employees towards a continuous problem-solving culture.
The Lean Analytics Association operates in accordance with the Swiss Civil Code, The Federal Assembly of the Swiss Confederation. Following are the terms and conditions in regards to the purchase of the DARE TO GEMBA book and other related services to which you are automatically agreeing when using the www.dare2gemba.com and/or by providing us with the appropriate consent to handle your personal information in accordance with the Data Protection Act.
SECTION 1 – INTRODUCTION
These terms and conditions apply to all Orders placed to the Lean Analytics Association on or after January 2021 until further notice on the www.dare2gemba.com website (changes may apply at any time without previous notice; thus, we recommend you to review our terms and conditions periodically). Our store is hosted on IONOS. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 2 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you are at least the age of majority in your country of residence. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Product or Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms or Conditions will result in an immediate termination of our Services.
SECTION 3 – GENERAL CONDITIONS
Any contract for purchases made through the www.dare2gemba.com will be with The Lean Analytics Association (registration number CH-501.6.015.093) situated at Via Colombei 22, 6914 Carona, Switzerland.
The Lean Analytics Association shall receive payment of the whole of the price for the goods that you order before your order can be processed. Payment of the advertised price will be taken at the point of order. Charging your payment method does not mean that an order has been accepted. Once payment has been processed, the Lean Analytics Association will confirm that your order has been received by sending an email to you at the email address you provide. The email will include your name, the order number and the total price charged. The acceptance of your order (which will happen when the Lean Analytics Association dispatches your order) brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
The Lean Analytics Association will not process any orders in the case of errors or inaccuracies regarding the goods (including the advertised price of the goods) appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email and reserve the right to cancel your order.
This site is strictly for personal and non-commercial use. You agree not to use the site for commercial or business purposes or to place orders which will be, or are being, sold on to a third party. If you are suspected of using the site in any of these ways then we reserve the right to withdraw from any relevant contract(s) and cancel your order(s).
If the Lean Analytics Association has insufficient stock to deliver the goods ordered by you, or cannot obtain the stock from our suppliers, we will notify you as soon as possible and any sum debited by us from your payment method will be credited to you. We will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. The Lean Analytics Association will not be obliged to offer any additional compensation or to supply the goods in this situation.
We endeavor to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimize disappointment. The process of updating the website when goods have sold out at promotional price may take a few hours. Please note that the price the goods are offered for are as displayed in your online basket, but that is subject to the rest of these terms.
Please note that when ordering from our website, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
When ordering goods for delivery to some overseas destinations, you may be subject to import duties and taxes that are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product or Service without express written permission by us.
The Lean Analytics Association operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact firstname.lastname@example.org
SECTION 4 – TIMELINESS OF INFORMATION
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – PAYMENT TERMS
For each product or service, you order on the www.dare2gemba.com site, you agree to pay the price applicable at of the time you submitted your order (“Product / Service Price”). We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, there are unforeseen delays that hinder our ability to ship your product.
SECTION 6 – SHIPPING POLICY
The Lean Analytics Association will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you provide at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies. You will become the owner of the goods you have ordered when the goods are dispatched to you.
If one of your packages is returned to us, we will resend the first package for free as a courtesy, but any future packages that are returned to us for an incorrect address will be invoiced to the customer for shipping (including fees due upon delivery to the Lean Analytics Association as well as return shipping charges to The Customer.)
SECTION 7 – RETURN POLICY
If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), The Lean Analytics Association will send a replacement product if satisfactory photo documentation is provided of the damaged product within 48 hours of the Product’s delivery to email@example.com
SECTION 8 – PROMOTIONS
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
SECTION 9 – PRODUCTS AND SERVICES PRICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the offer of our products and service without notice at any time.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific feedback or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Likewise, we will be free at our sole discretion to apply or not your proposals, plans suggestions or others, and you consent and accept at this moment that any feedback, suggestions, proposals, plans or other materials you send to us, are free of any and all kinds of intellectual property rights; Thus, as from now, you release us of any responsibility regarding the use of any information you send us by any means at any time.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party and will not have or assume any liability for the use we give it to them.
SECTION 11 – PERSONAL INFORMATION
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
When you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL).
When you purchase at our website, you will be required to provide an email address. You are responsible for all sessions and transactions made using these details. If any of your details change, such as your credit card billing address, you must inform The Lean Analytics Association as soon as possible.
SECTION 12 – YOUR RIGHT OF CANCELLATION
You can cancel your order without giving any reason within 3 days from the day on which you receive your items (or the last item if they were shipped separately). You must notify us of your cancellation by email to firstname.lastname@example.org
You will be responsible for the cost of returning the item(s) to us, unless we delivered it to you in error or it is faulty. You must send the item back to us no later than 14 days from the day on which you notified us of your cancellation, by following the instructions we send you.
We will refund the price of the item no later than 14 days from the day on which we receive the item back from you. We’ll refund the same means of payment as you used to make your purchase.
Refund only will apply if your purchase item (s) returning is complete and without any damages.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Product or Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Liability is as follows:
- If the goods The Lean Analytics Association delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, The Lean Analytics Association shall have no liability to you unless you notify The Lean Analytics Association in writing to The Lean Analytics Association contact address of the problem within seven working days of the delivery of goods in question.
- If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, The Lean Analytics Association shall have no liability to you unless you notify The Lean Analytics Association in writing to the Lean Analytics Association contact address of the problem within 30 days of the date of purchase.
- If you notify a problem to Lean Analytics Association under this condition, The Lean Analytics Association only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case The Lean Analytics Association e-coupons will be issued to the value of the refund due.
- The Lean Analytics Association will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Lean Analytics Association under this condition and Lean Analytics Association shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under the paragraph above.
In no case shall the Lean Analytics Association, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
All products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Lean Analytics Association, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – ENTIRE AGREEMENT
These terms and conditions, together with the current www.dare2gemba.com website prices, delivery details and The Lean Analytics Association contact details, set out the whole of our agreement relating to the supply of the goods to you by The Lean Analytics Association. In particular nothing said by any sales person on behalf of The Lean Analytics Association should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by The Lean Analytics Association. The Lean Analytics Association shall have no liability for any such representation being untrue or misleading, save that nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us.
SECTION 18 – INTERPRETATION
In these terms and conditions:
“The Lean Analytics Association”, “LAA” or “us” means The Lean Analytics Association, Via Colombei 22, 6914 Carona, Switzerland;
“working day“, means every day of a calendar year apart from weekends and statutory and public holidays;
‘you’ and ‘your’ means the person ordering goods under these terms and conditions.
SECTION 20 – GOVERNING LAW
These Terms and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland.