General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as "GTC") define and regulate the commissioning and performance of market research and delivery of other services to the client (legal entity) by Market-research-ukraine.com (c/o UkrConsult GmbH & Büro WBU-Bureau of Economic Advisor of the Embassy of Ukraine in Germany).
Studies and other services rendered by Market-research-ukraine.com are intended solely for legal entities (companies, freelancers, scientific institutions, professional associations etc.).
Any deviations from these GTC shall only become valid when Market-research-ukraine.com sends a written confirmation to the client.
1. Services
1.1. Market studies and industry reports
Market-research-ukraine.com provides market studies, industry reports and current market information compiled in-house (drawn up and published in cooperation with well-known German market research companies and market researchers) as well as market studies by partners (renowned consulting and market research companies) from Ukraine.
1.2. Individual market research
Market-research-ukraine.com offers individual industry-related market research relating to Ukraine in cooperation with renowned industry experts in situ.
1.3. Offers
Offers made by Market-research-ukraine.com, including product descriptions, delivery deadlines and price quotations for studies and other services, are subject to confirmation and not-binding until the client places his order.
1.4. Orders and sales
Studies and/or individual market research on Ukraine and Russia are exclusively sold by Market-research-ukraine.com and should only be ordered directly.
2. Prices
2.1. Net price
The prices of the studies and other services offered by Market-research-ukraine.com are quoted net.
2.2. Currency
Orders for studies and other services placed from an EU country shall be paid for in EURO. Clients placing orders from other countries are required to pay in EURO or US$ (as per the current daily exchange rate). If paying by credit card, the client's bank will convert payments made in his country's currency as per the current daily exchange rate.
2.3. Taxes - ID number
Orders placed with Market-research-ukraine.com in Germany shall be invoiced at the net price plus legal taxes. The tax amounts due on the order will be shown on the invoice along with the billing address and the sales tax ID number. A net price of orders placed from other EU countries will be charged, if the customer indicates his ID number. No sales tax is charged on orders placed with Market-research-ukraine.com from non-EU countries.
2.4. Delivery costs
Market-research-ukraine.com will cover the costs of delivering the market studies ordered by the client.
Please be advised that Market-research-ukraine.com requests all clients abroad to note that financial transactions involving parties placing orders from abroad must be regulated in accordance with the financial laws of the country in which the order is placed.
3. Conclusion of contract
A purchase contract of a market study shall be deemed to have been concluded between Market-research-ukraine.com and the client when...
A. the client sends an electronic order or confirmation thereof to Market-research-ukraine.com via the internet
B. the client sends an order to Market-research-ukraine.com by letter or fax using the order form
C. Market-research-ukraine.com accepts the order and confirms its acceptance thereof in writing (e-mail, fax or letter).
Contracts relating to individual market research shall only come into force once the content of the research has been agreed upon with the client and the client has sent a separate confirmation thereof.
4. Delivery and transfer of risk
4.1. Delivery address
If not specified otherwise, Market-research-ukraine.com will deliver the study ordered to the e-mail address provided by the client in PDF format. Other possible formats for the delivery of market studies are listed in the descriptions of the respective studies (incl. CD or hard copy). In such cases, the market studies will be delivered to the address provided by the client by national or international registered post (with receipt).
4.2. Transfer of risk
The risk associated with the postal delivery of studies shall pass to the client as soon as Market-research-ukraine.com has placed the products ordered into the hands of the post office and the post office has confirmed its receipt thereof.
4.3. Incorrect or damaged deliveries
The client shall immediately notify Market-research-ukraine.com by e-mail, fax or post upon the receipt of damaged studies or studies which were not ordered; this notification must include an exact description of the study, the nature of the error and the invoice number. If the complaint is justified, the study will be replaced immediately.
5. Invoice and payment
5.1. Payment by clients placing their first order (first-time clients)
Market-research-ukraine.com reserves the right to ask clients placing their first orders to effect payment in advance. The client shall receive the corresponding invoice by e-mail, fax or post. In such cases, the studies ordered will only be delivered after payment is received.
5.2. Orders placed in Germany (regular clients)
Orders placed by regular clients in Germany may be delivered against invoice; the client shall settle the invoice within 10 (ten) days without any deductions . In the event of default on payment, Market-research-ukraine.com is entitled to charge default interest at a rate of 7.0% p.a.
5.3. Orders placed outside Germany (regular clients)
Orders placed by regular clients outside Germany may be delivered against invoice; the client shall settle the invoice within 12 days without any deductions. In the event of default on payment, Market-research-ukraine.com is entitled to charge default interest at a rate of 7.0% p.a. Studies charged in US dollars will be invoiced in US dollars.
6. Retention of title
Studies ordered by and sent to the client shall remain the property of Market-research-ukraine.com or its cooperative partners until the client has paid for them in full.
7. Right of Return
7.1. Client's return and exchange rights
Studies delivered to the client by e-mail (PDF format), on CD (PDF format) or as hard copy may in principle not be returned unless the client and Market-research-ukraine.com agree otherwise in writing.
If a study delivered on CD (PDF format) or as hard copy is damaged during postal delivery, or if the CD file cannot be opened, the client shall be entitled to exchange the defective product for another product in the format originally ordered. This exchange must be requested in writing (e-mail, letter or fax), stating why a replacement is necessary. We would appreciate if the customer stated the reason for exchange. Market-research-ukraine.com will bear the costs of replacing the study.
7.2. Market-research-ukraine.com's rights of withdrawal
If there is reason to suspect that a certain client may not fulfil his contractual obligations, e.g. based on experience gained with previous purchases, Market-research-ukraine.com shall be entitled to withdraw from any contract concluded with this client. Market-research-ukraine.com shall also be entitled to withdraw from the contract in the event of misapprehensions caused by spelling, print or mathematical errors on Market-research-ukraine.com's website. In such cases, Market-research-ukraine.com shall waive the contract in writing.
8. Client's rights of use
Any studies and other services purchased from Market-research-ukraine.com are intended solely for internal use of the client. Any subsequent use of tables, illustrations, expert opinions and other material in the market studies and other products supplied by Market-research-ukraine.com shall only be permitted if the original sources are credited. The resale of tables, illustrations, expert opinions and other material in the studies and other products supplied by Market-research-ukraine.com is prohibited.
9. Liability for study content
Market-research-ukraine.com herewith emphasises and the client herewith accepts that the market studies and other products offered by Market-research-ukraine.com and/or its partners in Germany, Ukraine and Russia are all services rendered to the best of their knowledge. They are rendered with all due care, but without guarantee. The editors of the studies make every effort to ensure that the information and data provided are correct, but disclaim all liability for the correctness thereof. Should the client find that a study contains errors, Market-research-ukraine.com and/or its partners will make every effort to correct or clarify them. If the client can prove that he has suffered losses due to irremediable errors, these losses shall be reimbursed by no more than the amount paid for the study.
10. Data protection
We herewith assure the client that his contact data and other information will be used solely for the purpose of sending him the market study ordered and/or an offer for the individual market research he requested. Market-research-ukraine.com treats all client data in the strictest confidence and under no circumstances passes them to any third party. Should it be necessary to disclose certain data to third parties for the purpose of individual market research, this will be agreed upon with the client in writing.
11. Other
11.1. Use of information by third parties
The data and information, e.g. study descriptions, tables, lists of content, order forms, selected market data etc. published in the Market-research-ukraine.com portal is intended solely for potential and regular clients. Any further commercial use of the information and data mentioned above by a third party is strictly forbidden.
11.2. Disputes and place of jurisdiction
Any disputes arising in connection with the order and delivery of studies and any other form of market data and of the results of individual market research shall be resolved in accordance with the GTC of Market-research-ukraine.com and the laws of the Federal Republic of Germany. The place of jurisdiction is D-50321 Brühl.
11.3. Severability clause
Should individual terms or conditions in this contract prove to be partly or wholly invalid or impracticable, or should they be rendered so by changes in legislation effected after the contract is concluded, the remaining terms and conditions and the general validity of the contract shall not be affected. The invalid or impracticable term shall be replaced by a valid and practicable term serving the purpose of the original term as closely as possible.
Hürth, den 15. September 2010
Market-research-ukraine.com
c/o UkrConsult GmbH & Büro WBU-Bureau of Economic Advisor of the Embassy of Ukraine in Germany).