Art.1: Purpose of the General Conditions of Use

The purpose of these General Conditions is to establish the rights and obligations between: on the one hand, the National Institute for Sustainable Development and Corporate Social Responsibility established at 7, rue Alcide de Gasperi Luxembourg – Kirchberg, p.a. UEL PO Box 3024, L-1030 Luxembourg, hereinafter the INDR, and on the other hand, any person visiting the Site www.esr.lu (hereinafter the Site), hereinafter the Internet user, or placing an order for a service offered by the INDR, hereinafter the Client. 

The Customer must be established in Luxembourg, unless otherwise expressly accepted by the INDR within fifteen days of the order. The Internet user and the Customer must read the General Conditions of Use on the Site. These General Conditions of Use may be subject to modification at any time by the INDR, the applicable conditions are those in force on the Site on the date of the visit to the Site by the Internet user respectively of the placing of the order by the customer. Any order implies the express and unreserved acceptance of the Customer to these general conditions of Use.

Art. 2: Tools offered by the INDR

The information contained on the Site, the ESR label, the Evaluation Guide (also called the repository) and any other document related to the ESR label written and made public by the INDR, hereinafter the Tools, are the property of the last.

The INDR makes these Tools available to the Internet user and the Customer for use in accordance with the instructions given by the INDR or, in the absence of such instructions, for normal use depending on the type of tool concerned.

The Internet user and the Client cannot, without express prior authorization from the INDR, modify the Tools. When using the Tools involving third parties, they are required to mention the origin of the Tools and the fact that they are the property of the INDR.    
 

Art.3: Services offered by the INDR

INDR offers various services which can be ordered by the Client, hereinafter the Services.

An acknowledgment of receipt confirming that the Customer's order has been taken into account is automatically sent by e-mail.

The INDR reserves the right to refuse an order within fifteen days of it being placed.

The Services are free, unless expressly stated otherwise in particular in these General Conditions of Use, on the Site or in any other document directly referring to the Service concerned.

The prices displayed are valid until further publication canceling the previous conditions. Prices are subject to change without notice. Services are invoiced on the basis of the price in effect on the day of the order, excluding taxes, in euros and excluding any delivery costs.

For certain works, the INDR may be required to establish a specific quote. In this case, the validity of the offer is limited to 2 months from receipt of the quote by the Customer.

The order from the INDR of the ESR Guide constitutes a paid Service of 89 euros (excluding VAT).

The company carries out a free self-assessment but there is a fee of 300 euros (excluding VAT) to request the detailed results of this assessment. This Service includes personalized feedback, given by the INDR or by an Expert duly mandated by the INDR, results in the form of identification of objectives to be achieved and a list of improvements for the future. This Service also includes, at the Client's request, a meeting with a representative of the INDR or an Expert duly mandated by the INDR, to discuss orally the results obtained by the Client.

When the company has reached the required level during the ESR assessment, an INDR approved expert visits the company to check the supporting documents for a sample of questions. The price and duration of the ESR verification vary depending on the size of the company (see prices on the site / Obtain the ESR label / document “ESR labeling procedure 2023).

Art.4: Services offered by the Experts

Certain services offered are carried out by an Expert duly mandated for this purpose by the INDR, hereinafter the Expert Services.

The rights and obligations of the Expert and the Client related to these services are, unless expressly provided otherwise in the INDR, fixed by mutual agreement between the Expert and the Client and do not bind the INDR.

Art. 5: Responsibility

The Tools made available and the Services provided by the INDR are suggestions given to the Internet user and the Customer in order to help them progress in terms of CSR. The Internet user and the Customer remain solely responsible for the consequences linked to their implementation.

The INDR cannot be held responsible, within the legal limits, for any direct or indirect damage linked to the use of the Tools or the provision of the Services, including in particular any financial or commercial damage and moral damage.

The INDR cannot be held responsible for the Expert Services.

Art. 6: Applicable law and competent jurisdictions

The law applicable to these General Conditions is Luxembourg law. In the event of a dispute, only the Luxembourg courts have jurisdiction.

Luxembourg, January 22, 2024