Terms & Conditions
GENERAL
1. These are the general terms and conditions (“terms and conditions”) of ESOMAR B.V. and The Society of ESOMAR (“ESOMAR”). These terms and conditions apply to the usage of the website, to ESOMAR membership and to purchasing and/or using ESOMAR's products and services. You can download or print these Terms and Conditions for reference purposes.
2. By visiting the ESOMAR website, purchasing products, using our services or becoming a member of ESOMAR, you agree to accept, be bound by and comply with these terms and conditions.
3. ESOMAR is located at the following address:
ESOMAR B.V.
Eurocenter 2, 11th floor
Barbara Strozzilaan 384
1083 HN Amsterdam
The Netherlands
ESOMAR is registered at the Chamber of Commerce, Register Nr. 33299075.
The Society of ESOMAR, Ofisa Chemin des Charmette 7, 1003 Lausanne, Switzerland.
Any questions about these terms and conditions or complaints about the website or services of ESOMAR, should be addressed, in writing, to our Management Team at the following address:
ESOMAR B.V.
Eurocenter 2, 11th floor
Barbara Strozzilaan 384
1083 HN Amsterdam
The Netherlands
4. Any additional terms and conditions you may propose are rejected, unless agreed otherwise in writing.
5. ESOMAR reserves the right to change any of these terms and conditions at any time and without notice. ESOMAR therefore recommends that you review these terms and conditions from time to time, or before making a transaction.
6. These terms and conditions are governed by and construed in accordance with the law of the Netherlands. All disputes arising out of or in connection with these terms and conditions must be dealt with under the jurisdiction of the courts of the Netherlands.
ORDERS AND PURCHASES
General Information
7. All orders and applications must be either faxed, mailed or emailed. Orders can be paid online through Saferpay, using VISA, Eurocard/Mastercard and American Express. Saferpay will confirm your transaction by email. Orders can also be paid by bank transfer. VISA, Eurocard/MasterCard and American Express credit cards are accepted for payments in EUR only. Bank transfer payments must include an invoice reference number or registration code reference. Bank charges must be paid by the customer.
7.1 ESOMAR reserves the right to request credit card guarantees from customers who require ESOMAR services but have not yet settled their invoice/s. Customers must agree to ESOMAR’s payment conditions on Credit Card Guarantee forms. ESOMAR will inform customers before charging the credit card.
8. Once ESOMAR has received your order form, you should receive confirmation of receipt by email from ESOMAR Customer Service within 24 hours (Mon-Fri). If you do not receive a confirmation of receipt from ESOMAR, please contact us at customerservice@esomar.org.
9. All prices stated on the ESOMAR website are in EUR and include handling and delivery as applicable. All prices are excluding VAT (Value Added Tax).
10. Congress, conferences, forums and workshop registrations are exempt from VAT, providing they are held outside the Netherlands. VAT is levied at 6% on books (including the ESOMAR Handbook, but excluding the ESOMAR Directory), and at 19% on all other publications (including single event papers, publications on CD Rom and the ESOMAR Directory). VAT is levied at 10% on membership fees, if applicable.
All customers within the Netherlands will be charged VAT. Customers within the European Union will also be charged VAT, unless their company VAT number is provided. All customers outside of the European Union are exempt from VAT.
11. Fully paid up ESOMAR Members receive reduced rates on all ESOMAR publications and event registration fees.
12. Discounts on publications are available to book retailers and to customers who purchase three or more publications in one order.
Book retailers will receive a 25% discount on all publications. This discount cannot be combined with other discounts. All other customers will receive a 25% discount by purchasing three or more publications in one order. Quantity discounts are also available on purchases of 10 or more single event papers in one order. Special offers may be periodically featured on the ESOMAR website.
13. All payments must be made in EUR or as otherwise specified. Pre-payment is required on all publication orders before they can be dispatched. All other payments should be made within 30 days of the invoice issue date. If payment terms are not complied with, ESOMAR may invoice you for administrative costs of 100 EUR and charge interest on the total amount due at 3% per month.
ESOMAR will request payment of outstanding bills in writing and by registered post. If a bill/s remains unpaid ESOMAR may also invoice the customer for all costs incurred with collection of the debt.
PUBLICATIONS (IN PRINT, ON CD ROM OR AUDIOVISUAL)
14. To ensure secure and prompt delivery, publication orders will be delivered by registered priority mail only.
15. Products are packed in a manner which reasonably assures that they are protected against damage and deterioration. Products are delivered to the address you provide on the Publications Checkout Form as your "delivery address". Any inaccuracies or incompleteness in this address is at your own risk.
16. You may, without giving any reason, return products sold by ESOMAR within 7 days of receipt for a full refund. ESOMAR will not pay for the return shipping costs. ESOMAR will not refund or accept products that are returned more than 7 days after receipt.
17. If the product(s) you have purchased from ESOMAR are damaged during delivery, you may return the product(s) within 30 days of receipt for a full refund or replacement product(s). ESOMAR will only pay the return shipping costs if the return is a result of an error of ESOMAR. ESOMAR will not refund or accept products that are returned more than 30 days after receipt.
18. In addition to article 16 and 17 these terms and conditions, ESOMAR cannot refund and accept returns if:
• products are not in their original condition and in their original packaging.
• products are damaged, other than during delivery, or are missing parts
• books, magazines, CD Roms, CDs, DVDs, VHS tapes or cassette tapes have been opened, taken out of the plastic wrapping, or if the seal has been broken
Publications in Electronic Format
19. To ensure secure and prompt delivery of single event papers, industry studies and reports, each will be sent as a PDF file by email.
20. Requests to receive a compilation of single event papers, industry studies or reports on CD Rom should be made in writing and sent to
customerservice@esomar.org or faxed to ESOMAR Customer Service on +31 20 664 2922. These CD Roms will be delivered by registered priority mail only and will be charged at an additional 10 EUR per CD Rom. Each CD Rom can contain a maximum of 10 papers.
ESOMAR MEMBERSHIP
21. ESOMAR reserves the right to refuse you as a (new) member or as a (new) company listing in the ESOMAR Directory of Members, if ESOMAR deems you/ your company to be contrary to the interest of ESOMAR as a whole, its members, and research users in general. Only companies with at least one ESOMAR member can apply for a company listing in the ESOMAR Directory of Research Organisations.
Fees and Conditions
22. The ESOMAR Membership fee is an annual rate and can be renewed each year. New applicant members must also pay a once off admission rate on top of the membership fee. The rates are available on our website at www.esomar.org under Membership. Dutch VAT is not payable if you provide your company VAT number or if you reside outside of the European Union. However, VAT is charged at 10% on applications originating from within The Netherlands.
22.1 Membership runs from 1st January until 31st December each year.
22.2 ESOMAR membership is individual and not transferable.
22.3 As an ESOMAR member, you agree to accept, be bound by and comply with the:
• ICC/ ESOMAR International Code of Marketing and Social Research Practice
• The ESOMAR Code on Public Opinion Polls
• The ESOMAR Disciplinary Procedures
• ESOMAR Statutes
23. ESOMAR members who participate and fully adhere to the Member get Member programme can choose from several gift options. All details can be found on the website at www.esomar.org or here
ESOMAR DIRECTORY
24. ESOMAR endeavours to ensure the accuracy of the ESOMAR Directory of Members ("the Directory"), which is compiled from information supplied by ESOMAR members. ESOMAR cannot be held liable for any inaccuracies or omissions in the information concerning members or company entries in the Directory.
25. ESOMAR reserves the right to amend text in the Directory, without prior notification, which does not conform to its rules or which may undermine the integrity of ESOMAR or the Directory.
26. As an ESOMAR member, you are solely responsible for the truthfulness and accuracy of the information you submit. Submitting false or misleading information may result in the withdrawal of your membership and/or company listing from the Directory. You may also be sanctioned by ESOMAR´s Professional Standards Committee and Disciplinary Committee, notwithstanding legal pursuits by ESOMAR or third parties. You will indemnify ESOMAR for any damage, including claims from third parties, which result from submitting false or misleading information.
27. ESOMAR members each receive free access to the Online Directory of Research Organisations, a printed copy of the Members Directory, as well as Research World magazine and other membership benefits, as stated on the ESOMAR website.
ESOMAR EVENTS, CONGRESSES AND WORKSHOPS
28. ESOMAR reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to an event, for any circumstances beyond ESOMAR’s reasonable control. ESOMAR will not accept liability for any losses and/or damages participants may suffer on account of any alteration or cancellation. Participants and guests are advised to arrange adequate travel and health insurance prior to the event.
29. You may request a refund/partial refund on a conference and /or workshop registration fee, by sending your cancellation request in writing to ESOMAR as stipulated in the cancellation policy for the event in question. The Cancellation policy is available on the event registration form and the customer’s confirmation email.
30. To register for an ESOMAR event, you must agree to ESOMAR's Terms and Conditions.
31. Cancellations, No Shows and Termination. Customers must agree to the cancellation policy for the event in question.
License Terms for the ICC/ESOMAR International Code on Market and Social Research
ICC/ESOMAR promote the use and knowledge of the ICC/ESOMAR International Code on Market and Social Research. Publication of the Code is open to national associations of market research that have adopted or endorsed the Code and accepted the following conditions:
1. The International Chamber of Commerce (ICC) and ESOMAR are co-owners of all intellectual property rights in the ICC/ESOMAR International Code on Market and Social Research, hereinafter the Code. ICC and ESOMAR are also co-owners of the French, German and Spanish translations of the Code.
2. The Code may be published in printed form and/or electronically subject to prior written authorization by ICC and ESOMAR.
3. The Code must be published in its entirety without modification. Unless agreed in writing by ICC or ESOMAR, an Association is not authorized to reproduce or publish the Code in a modified form.
4. Associations are entitled to insert their logo on the back cover in between the logos of ESOMAR and ICC. The size of the logo shall be similar to that of ESOMAR and ICC.
5. All publications of the English version of the Code must contain the following notice:
Last revised December 2007
© 2008 ICC/ESOMAR. All rights reserved. No part of this publication may be reproduced, modified or distributed in any form or by any means, or translated, without the prior permission in writing of ICC (International Chamber of Commerce) or ESOMAR.
6. Prior to publication, the Association shall send a copy of the publication, to ESOMAR, the corresponding local ICC committee and ICC headquarters.
7. Associations may publish the French, German and Spanish translations available on the ESOMAR website in accordance with paragraphs 2-6.
8. Associations may draft and publish translations of the English version of the Code in other languages subject to the conditions specified in paragraphs 9-10 below.
9. Translations shall be true to the English version of the Code. To ensure consistency, the association shall have the translation checked by a market researcher who is familiar with English research terminology, ie, the president of the association or similar, and by the ESOMAR representative.
10. The Association that translated the Code may publish the translation as approved without modification in accordance with paragraphs 2-6. The translation should contain the following notice:
Translation (Language)© (Year of publication)(Name of association)
Last revised December 2007
© 2008 ICC/ESOMAR. All rights reserved. No part of this publication may be reproduced, modified or distributed in any form or by any means, or translated, without the prior permission in writing of ICC (International Chamber of Commerce) or ESOMAR.
The ICC/ESOMAR International Code was drafted in English and the English text is the definitive version.
11. ICC/ESOMAR shall be entitled to withdraw authorization to publish and/or translate if, according to ICC/ESOMAR, the Association has reproduced or translated the Code in violation of these Terms or in a manner detrimental to the objective and/or reputation of the Code.