Conditions of use and sale

Orders

When ordering any information service or publication from the Observatory, the client agrees to the general conditions of use and sale set out below.

The customer may order online on this site. The different stages of placing his/her order are validated successively, with final validation at the end of the ordering process. The customer can decide to abort the order at any stage of this process.

Orders may also be placed by letter, Email or fax:

European Audiovisual Observatory, Orders

76 Allée de la Robertsau, F–67000 Strasbourg,

Tel: +33 (0)3 90 21 60 00 Fax: +33 (0)3 90 21 60 19

orders-obs@coe.int

The Observatory reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning payment of a previous order.

 

Prices

 

The prices are in euros and per unit – in case of a package-offer the package constitutes the unit. The prices applied to all orders are those that are valid on the day of the order; they exclude mailing costs applicable to print publications.

 

 

VAT

 

The prices of the European Audiovisual Observatory products are exclusive of duties and taxes. It is the buyer's responsibility to contact the fiscal or customs authorities to pay the duties and taxes. (Origin: diplomatic SH / NDP: 000009). Owing to its status as a Partial Agreement of the Council of Europe, an international organisation, the Observatory does not have an intra-community VAT identification number and does not apply any value added tax (VAT).

Depending on the country to which products are being delivered, customs duty, VAT and other taxes may be levied. These duties and taxes are to be paid by the customer, who is entirely responsible as regards both declarations and payments to the competent authorities and bodies in the country concerned. Relevant information can be obtained from local authorities or sales agents in the country concerned.

 

 

Conditions of payment

 

Payment is due at the time of ordering. Payment must be made in euros using one of the following methods:

  • Credit card – The Observatory only accepts Visa and MasterCard. Cards issued outside France must be international bank cards. The facility provided on this site for electronic payment by credit card is fully secured thanks to data encryption using SSL (Secure Socket Layer) protocol. All the data transmitted are encoded and may not be read in transit on the Internet. The Observatory does not keep track of any credit card detail.
  • Bank transfer – The client processing the bank transfer shall pay all bank charges relating to his/her payment. The details of the Observatory’s bank account (IBAN, BIC, …) are communicated to the customer upon confirmation of the order.
  • Cheque – The Observatory can exclusively accept cheques drawn on a French bank.

 

 

 

Availability

 

The Observatory offers of products and services, in particular its prices, are valid for as long as they appear on the site. The Observatory will supply goods ordered depending on the availability of stocks. Details of the availability of a product are given at the moment of ordering.

Should an item be unavailable, the client is invited to submit his/her email address so that the Observatory can send an electronic message advising that the product is newly available following a reprint or re-publication.

Should a title become unavailable following an order, the Observatory will inform the client by email or letter as soon as possible. If a corresponding payment has already been received the money will be reimbursed as soon as possible by using the same reimbursement-method that the client had chosen for his/her payment.

 

Delivery

 

Delivery of print publications is made to the delivery address given in the order. For all physical deliveries the client may choose between two methods of delivery: regular first class postal mail or express mail.

The Observatory will process all orders swiftly after receipt of the corresponding payment (no delivery upon order without payment); however it may not be held responsible for any consequences of a delay in delivery, particularly in the event of a force majeure, computer breakdowns, and disruption or strikes affecting postal services, transport or communications.

Electronic publications are also made available upon payment. Once your payment is validated, the client is notified by an email giving the link to his/her personal space where the publication is made available. The Observatory makes sure that all links to publication and passwords to its services sent to a client are functional for a minimum of six weeks after their transmission to the client. It is the client’s responsibility to access the purchased publications and services within this delay.

The Observatory guaranties access to the Yearbook Online Service at least until the end of the second calendar year following the year relative to the Yearbook (e.g.: the Yearbook Online Service 2014 is accessible at least until the end of 2016). It is the client’s duty to download the purchased product or service should he/she wish to assure access to it after these two years.

 

 

Returns

 

The Observatory cannot accept any returns or cancelation of orders for publications which have been made available electronically.

Should a client wish to return a print publication, he/she may contact the Observatory using the contact form on the Internet site within thirty days of receipt of the goods ordered and the Observatory will address the request in the best possible manner. However, the costs of a potential return are to be borne by the client, unless the return is due to an error on part of the Observatroy.

 

 

Protection of personal data

 

The Observatory undertakes not to pass on any personal client’s data to third parties; these are confidential and will be used only for the processing and payment of orders in collaboration with the banks involved, and to communicate in postal or electronic ways Observatory product and service offers.

The client may choose at any time to have his/her name removed from the Observatory mailing list or his/her account deleted from the Observatory’s prospect record by sending a request by means of the contact form on the Internetsite .All clients may also modify their personal details at any time using the function "My account".

 

 

Liability

 

Although the Observatory and its partners agree to make every reasonable effort to provide up-to-date and precise information, they shall not be held liable in respect of any loss, material or non-material, damage or injury allegedly suffered by third parties when relying on the accuracy of information supplied by the Observatory.

 

Confidentiality

 

All products and services purchased from the Observatory as part of its publications, databases and information services, independently of the form (print or electronically) they were purchased, are confidential and made available for the purchasing client only. The client has no right to transmit products and services purchased from the Observatory to any third party and takes all necessary precaution to make sure that no unauthorised person can access this content.

Access codes to Observatory online services (for example the Yearbook Online Service) shall not be communicated to any third party. Third parties in this context are all persons who are not employees of the purchasing company/organisation.

 

 

Reproduction or translation of excerpts from publications



All content included in or made available through any Observatory Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of the Observatory or its content suppliers. Any reproduction or translation of excerpts is therefore subject to the applicable international regulations and must have prior permission in writing requested from the Observatory by mail or by means of the contact form.

 

Applicable law - Disputes

 

Failing a friendly settlement between the parties, any dispute relating to the purchase of goods or services supplied by the Observatory or requests to its information service shall be submitted to an arbitration board composed of two arbitrators respectively selected by each of the parties, and a presiding arbitrator appointed by the two arbitrators.

If a presiding arbitrator is not appointed in accordance with the above conditions within a period of two months following the selection of an arbitrator by each of the two parties, the President of the Tribunal de Grande Instance (the regional court) in Strasbourg shall make the appointment. However, the parties may submit the dispute to a single arbitrator who is chosen by common consent or, failing such consent, by the President of the Tribunal de Grande Instance. The abovementioned or, if appropriate, the arbitrator shall determine the procedure to be followed. Failing agreement between the parties on the law applicable, the arbitration board or, if applicable, the presiding arbitrator, shall make an award ex æquo et bono in the light of general legal principles as well as the customs to be found in the audiovisual sector.

The arbitration award shall be final and shall be binding on the two parties.


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