General Terms and Conditions
General Terms and Conditions of Sale (GTCS)
ESM – École de Management SA
1. Purpose and Scope of Application
These General Terms and Conditions of Online Sale (hereinafter the "GTCS") govern registrations, reservations and payments made online through the website of ESM École de Management SA (hereinafter "ESM").
They apply to the following two categories of transactions:
a) Long Programmes
The online payment of an application fee in connection with an application for admission to an academic, degree-granting, certification or continuing education programme, for which admission, study conditions and tuition fees are subsequently governed by a separate enrolment agreement.
b) Short Courses
The online registration and payment of the full price of a training course, seminar, workshop or any other educational service offered by ESM and available for direct online booking and payment.
These GTCS do not govern services that are the subject of an offer or agreement concluded directly with a company or organization outside the online sales process.
Any person completing an online registration or payment (hereinafter the "Participant") acknowledges having read and accepted these GTCS before proceeding with payment.
2. Service Provider Identification
Company name: ESM École de Management SA
Address: Château-Bloch 11, 1219 Geneva, Switzerland
Telephone: +41 22 979 33 79
E-mail: comptabilite@esm.ch
Website: www.esm.ch
3. Information Relating to Services and Prices
The essential characteristics of the relevant service or programme, together with the amount payable, are indicated on the ESM website before payment validation.
The applicable prices are those displayed at the time of registration or booking.
Unless otherwise specified, online payments are made in Swiss francs (CHF).
Before proceeding with payment, the Participant has the opportunity to verify the information provided, the selected service and the amount payable and, where applicable, to correct any errors.
4. Online Payment
Payment shall be made using the payment methods offered to the Participant at the time of the transaction.
Online payments are processed by a secure payment service provider. ESM does not guarantee the permanent availability of all payment methods offered and may modify them at any time.
Payment shall only be deemed completed after confirmation of the transaction by the payment service provider.
In the event of refusal, interruption or failure of the transaction, the relevant registration or application shall not be considered finalized.
An electronic confirmation shall be sent to the Participant upon completion of the transaction.
I. APPLICATION FEES FOR LONG PROGRAMMES
5. Application for Admission
For programmes for which the online payment relates to an application fee, the procedure completed on the website constitutes an application for admission and not a final enrolment in the programme concerned.
The Participant undertakes to provide accurate, complete and up-to-date information. ESM may request any additional document or information necessary for the review of the application, including diplomas, certificates, transcripts, curriculum vitae or any other supporting documents.
The review of the application for admission shall only begin once the required documents have been submitted and the application fee has been paid.
6. Nature of the Application Fee
The amount paid online for a long programme constitutes an application fee intended, among other things, to cover the opening of the file, its administrative processing and the review of the application.
Payment of this fee:
does not constitute admission to the programme;
does not guarantee a place in the programme;
does not constitute payment of all or part of the tuition fees, unless expressly stated otherwise;
does not constitute the conclusion of the tuition agreement or final enrolment agreement for the programme.
Admission remains subject to the review of the application file and ESM's decision.
7. Non-Refundability of the Application Fee
Subject to any mandatory provisions of law, the application fee is earned by ESM once the application has been processed and is non-refundable in the event of withdrawal of the application, cancellation by the candidate, or the candidate's decision not to continue the admission process.
The application fee shall also remain payable where the application cannot be completed because information or documents required from the candidate have not been provided.
If ESM definitively decides not to organize the programme concerned before its commencement, the application fee paid for that programme shall be refunded.
8. Admission and Enrolment Agreement
In the event of admission, ESM shall provide the candidate with the contractual documents applicable to the relevant programme.
These documents shall define, in particular and depending on the programme, the tuition fees, payment deadlines and methods, participation conditions, as well as the consequences of withdrawal, discontinuation or interruption of studies.
From the conclusion of such agreement, the relationship between ESM and the Student concerning the conduct of the programme and tuition fees shall be governed by that agreement.
These GTCS shall continue to govern the online transaction relating to the application fee.
II. SHORT COURSES, SEMINARS AND WORKSHOPS
9. Registration and Conclusion of the Agreement
For short courses available for direct online payment, the displayed amount corresponds to the price of the selected service.
Registration becomes final when:
the Participant has completed the required information;
the Participant has accepted these GTCS;
payment has been accepted; and
ESM has sent the Participant an electronic confirmation of registration.
Places may be limited. They are allocated in the order in which registrations are finalized, subject to any admission requirements or prerequisites clearly indicated for the relevant course.
10. Price of Short Courses
The applicable price is the one indicated on the website at the time of registration.
The online payment covers the full price of the selected course unless expressly stated otherwise before the transaction.
The price includes the services expressly specified in the course description.
Any personal expenses incurred by the Participant, including transportation, accommodation, meals or materials not expressly included, remain at the Participant's expense.
11. Cancellation by the Participant
Any request for cancellation must be communicated to ESM in writing by registered mail.
The date on which ESM receives the request shall determine the applicable refund conditions.
Unless otherwise agreed in writing between ESM and the Participant, the following conditions shall apply:
more than 30 calendar days before the first day of the course: refund of 100% of the amount paid, less a cancellation fee of CHF 100;
fewer than 30 calendar days before the first day of the course: no refund;
in the event of absence or non-attendance: no refund.
Any refund shall be made according to the arrangements determined by ESM, in principle using the payment method employed for the original transaction whenever technically possible.
These provisions are subject to any mandatory rights that the Participant may benefit from under applicable law.
12. Replacement of a Participant
Where the nature of the course permits, a Participant who is unable to attend may request to be replaced by another person.
The request must be submitted to ESM before the beginning of the course and must include the information required regarding the replacement Participant.
The replacement shall be subject to ESM's prior approval, in particular where the course includes prerequisites or specific admission conditions.
ESM's approval may not be refused without legitimate grounds where the replacement Participant satisfies any applicable participation requirements.
13. Interruption or Absence During the Course
An absence from or interruption of the course attributable to the Participant shall, in principle, not entitle the Participant to any refund, whether partial or full.
ESM remains free to examine duly justified exceptional circumstances and, without being obliged to do so, may offer a deferral or another appropriate solution.
III. COMMON PROVISIONS
14. Modification, Postponement or Cancellation by ESM
ESM reserves the right to modify, postpone or cancel a course or programme where circumstances so justify, including in the event of an insufficient number of participants, the unavailability of an instructor, exceptional circumstances or force majeure.
ESM may in particular replace an instructor, adapt the schedule, change the venue or, where the nature of the service permits, modify the participation arrangements, provided that such changes do not substantially alter the nature and quality of the agreed service.
In the event of postponement, ESM shall inform the Participant as soon as reasonably possible. If the Participant cannot reasonably attend on the newly proposed date, ESM shall offer, depending on the circumstances, another session or a refund of the amounts paid for the relevant service.
In the event of the definitive cancellation of a short course by ESM, the Participant may obtain a full refund of the price paid or, with the Participant's consent, transfer the amount to another course or a later session.
In the event of the definitive cancellation of a long programme before its commencement, the application fee paid for that programme shall be refunded.
Subject to any mandatory provisions of law, ESM shall not be liable for ancillary costs incurred by the Participant in connection with a cancelled or postponed course, including travel or accommodation expenses.
15. Obligations of the Participant
The Participant undertakes to provide accurate information and to inform ESM of any relevant changes.
The Participant is also responsible for ensuring that he or she satisfies any prerequisites or participation requirements indicated for the selected service.
The Participant is responsible for all personal administrative procedures necessary for participation, including, where applicable, obtaining a visa, residence permit or any other required documentation.
16. Degrees, Certificates and Attestations
Participation in a course does not confer any right to obtain a diploma, certificate, attestation, academic credits or any other qualification unless all applicable educational, academic, administrative and financial requirements have been fulfilled.
Where amounts remain due to ESM in connection with the relevant course or programme, ESM may postpone the issuance of the corresponding documents within the limits permitted by law.
17. Liability
ESM undertakes to provide the agreed services with due care and in accordance with the standards applicable to the relevant course or programme.
However, ESM shall not be liable for a Participant's inability to attend all or part of a course due to reasons that are personal, professional or administrative in nature, including absence, illness, professional commitments, or the refusal or delay in obtaining a visa or other necessary authorization.
ESM's liability may not be excluded or limited in cases where such exclusion or limitation would be contrary to mandatory Swiss law.
18. Force Majeure
Neither party shall be held liable for any failure resulting from an unforeseeable event or circumstance beyond its control that prevents or renders excessively difficult the performance of its obligations.
Such events may include, depending on the circumstances, natural disasters, epidemics or pandemics, conflicts, civil unrest, terrorism, governmental decisions, major transportation disruptions, significant infrastructure failures or other comparable events reasonably beyond the parties' control.
ESM shall inform affected Participants as soon as reasonably possible and shall take all reasonably possible measures to limit the consequences of the situation.
19. Data Protection
ESM processes personal data collected in connection with registrations, applications for admission and payments in accordance with applicable data protection legislation.
Information regarding the processing of personal data, its purposes, the recipients concerned and the rights of data subjects is set out in ESM's Privacy Policy, available on its website.
Data necessary for the processing of a payment may be transmitted to the payment service provider and to any other parties required for the execution of the transaction.
20. Electronic Communications
The Participant agrees that communications relating to his or her registration, application for admission or payment may be made electronically to the address provided to ESM.
The Participant is responsible for providing a valid e-mail address and notifying ESM of any changes thereto.
21. Amendments to these GTCS
ESM may amend these GTCS at any time.
The version applicable to a transaction shall be the version made available to and accepted by the Participant at the time of registration or online payment.
Any subsequent amendment to the GTCS shall have no effect on transactions already concluded, subject to any mandatory provisions of law.
22. Partial Invalidity
Should any provision of these GTCS be declared null, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The provision concerned shall, to the extent permitted by law, be replaced by a valid provision that most closely reflects its original purpose.
23. Governing Law and Jurisdiction
These GTCS and the contractual relationships arising therefrom shall be governed by Swiss law, subject to any applicable mandatory provisions.
For Participants acting as consumers, jurisdiction shall be determined in accordance with the applicable mandatory legal provisions.
For relationships not subject to mandatory jurisdiction rules, including those involving professionals and businesses, the competent courts of the Canton of Geneva shall have exclusive jurisdiction.
24. Acceptance of the GTCS
Before proceeding with payment, the Participant confirms that he or she has been able to consult these GTCS, has read them and accepts them.
Acceptance is evidenced on the website by an express action of the Participant, in particular by ticking a non-preselected checkbox bearing the following statement:
"I have read and accept ESM's Online General Terms and Conditions of Sale."
The Participant may consult and download the GTCS before finalizing the transaction.
Payment validation shall only take place after such acceptance.
ESM – GTCS Version September 2026