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FOREWORD
The International Union of Railways (UIC) aims to promote technical co-operation among its members, with a view to improving their operations and the services provided to their customers, and to maintain and develop, notably at a pan-European level, an overall consistency of the railway system while reinforcing its interoperability and simultaneously increasing its competitiveness.
Railway Technical Publications (Editions Techniques Ferroviaires – ETF), a 100% subsidiary of UIC, primarily aims to design, produce, publish, distribute and sell commercial brochures, technical and/or scientific support, publications, notes and reports, no matter what the form or support, for any company directly or indirectly involved with railway transportation.
UIC holds the intellectual property rights to UIC technical documents.
UIC has given ETF the right to market UIC technical documents and other UIC documents.
Registered office:
Editions Techniques Ferroviaires
16, rue Jean Rey
75015 PARIS, France
Tel.: +33 (0)1 44 49 21 81
Email: publi@uic.org
SIRET: 479 578 759 00017
Intra-community VAT number: FR85 479 578 759
I. APPLICATION AND OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE
These General Conditions of Sale (GCS) govern the remote orders of publication products between Railway Technical Publications (ETF) and the Client for its own use, with the exclusion of purchase for resale. Resellers must have concluded a prior agreement with ETF.
No particular condition may take precedence over these GCS without formal written approval from ETF.
These General Conditions of Sale shall come into force on 30 June 2022. They terminate and replace any previous versions.
ETF reserves the right to modify these GCS at any time by publishing a new version on the website. In the event of modifications made to the GCS, the applicable GCS are those in force on the date of the order, where a copy dated that day can be provided to the Client upon request.
The invalidity of a clause within these GCS does not lead to the invalidity of the GCS. The temporary or permanent inability to apply one or more clauses of the GCS by ETF does not validate the renunciation of the other clauses of the GCS, which shall continue to be in force.
II. FORMAT OF THE CONTRACT – VALIDITY OF THE ORDER
Orders are placed via:
- The website: https://shop.uic.org
- Email: publi@uic.org
The Client hereby declares to be familiar with these General Conditions of Sale before placing an order. Validation of the order by the Client therefore confirms the full and unreserved acceptance of these GCS. Unless there is evidence to the contrary, the data recorded by ETF constitutes proof of all orders between ETF and its Clients.
In accordance with the French law for confidence in the digital economy, No. 2004-575 of 21 June 2004, abbreviated as LCEN, and Articles 1127-1 and following of the French Civil Code, derived from this law, which set out the steps to be followed to conclude a contract electronically, the consent of the Client is given by a double click (two mouse clicks):
- The first click validates the order;
- The second click finalises the order, after it has been checked and corrected as necessary, and after the box “I have read and accept the General Conditions of Sale” has been ticked and the button “Order and pay” has been clicked.
The contract is deemed to be formed once the “Order and pay” button has been clicked.
Any order modification or cancellation requested by the Client may only be taken into consideration if received in writing before products are dispatched.
III. PRICES AND PAYMENT METHODS
III.1 – Prices
The prices of our products are given in euro both inclusive of all taxes (TTC) and without tax (HT), before shipping costs and before any applicable discounts.
ETF reserves the right to modify its prices at any time, but undertakes to apply the rates in force communicated at the time at which the Client validated the order.
The prices stated within a quote remain valid for a period of sixty (60) days following submission of this quote.
The contractual information shall form the object of an email confirmation to the address indicated by the Client when placing the order.
Any change to the applicable rate of VAT will be automatically reflected in the prices of the products. For products shipped outside the European Union and within the French Overseas Departments and Territories, the price shall be automatically calculated without tax on the invoice.
III.2 – Accepted payment methods
The payment methods accepted by the online shop are:
The payment cards accepted by our partner Clic&Pay (Crédit du Nord): debit cards, and Visa and Mastercard credit cards;
Bank transfer.
III.3 – Delay in payment and non-payment
In the event of a delay in payment or of partial payment and in accordance with Articles L 441-1 and L 441-10 of the Code of Commerce, Business Clients, without the need for advance formal notice, shall be charged a late penalty equal to three times the legal interest rate in force on the day when payment is due.
ETF will then be able to suspend all orders in progress, without prejudice to any other course of action.
Additionally, Business Clients shall also be invoiced for a charge of at least forty (40) euro in recovery fees. If the recovery fees incurred are more than forty (40) euro, Business Clients shall be expected to reimburse this on submission of proof.
In the event of non-payment, forty-eight (48) hours after a formal reminder has proven fruitless the sale shall be terminated ipso jure. ETF will then be able to request, in chambers, the return of the products, without prejudice to any other damages.
The resolution shall not only affect the order concerned, but also all previous unpaid orders, regardless of whether they have been delivered or are in the process of being delivered, and regardless of whether their payment is in arrears or not.
Complaints relating to invoices must be submitted in writing within ten (10) days of receipt of the corresponding invoices. Beyond this period, the invoices shall be considered to have been accepted.
IV. TERMS OF DELIVERY FOR PRODUCTS
All dispatches of physical products are entrusted to a carrier (UPS).
The invoicing of shipping fees depends on the type of dispatch and the size of the order. UPS shipping fees are available online.
Customs duties or other local taxes, import duties or state taxes may be due. These duties and amounts are not the responsibility of ETF. They shall be payable by and the entire responsibility of the Client, in terms of the declarations and the payments to the relevant authorities and organisations within the Client’s country.
Delivery shall only be fulfilled after payment has been confirmed by ETF’s bank.
It shall be provided within three (3) working days of receipt of the order form by ETF. Average delivery times may vary depending on the countries involved and ETF may not be held liable for any delays in delivery by the carrier.
Products are delivered to the address provided by the purchaser on the order form; the Client must ensure it is correct. Any package returned to ETF due to an incorrect or incomplete delivery address will be redelivered at the Client’s expense. The Client may request that the invoice is sent to the billing address, rather than to the delivery address, by selecting this option on the order form.
If the Client is not in on the day of delivery, the carrier will leave a delivery notification in the letterbox, which will enable the package to be picked up from the location and at the time indicated.
IV. 1 – Damage and defects
If, at the time of delivery, the original packaging is damaged, torn or open, the Client must check the condition of the items. If it has been damaged, the Client must refuse to accept the package and note an objection on the delivery slip (package refused as open or damaged).
The Client must indicate on the delivery note, in the form of a written and signed objection, any defects regarding the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.).
This verification is considered complete once the Client or someone authorised by the Client has signed the delivery note.
The Client must thus confirm any objections by registered mail to the carrier within two (2) working days of receipt of the item(s) and send a copy of this letter by fax or post to ETF at the address provided in the website’s legal information.
If products need to be sent back to ETF, the Client must request a return from ETF within fourteen (14) days of the delivery. Any claims made after this period cannot be accepted. Product returns will be accepted only for products in their original condition (packaging, accessories, note, etc.).
IV. 2 – Delivery errors
The Client must submit to ETF, on the delivery day or at the latest on the first working day after delivery, any claim for a delivery error and/or non-conformity of products in terms of type or quantity compared to the order form. Any claims made after this period shall be rejected.
Claims may be made by email to the following address:
Any claim not submitted according to the rules set out above and within the deadlines imposed will not be considered and will release EFT from all responsibility towards the purchaser.
Upon receipt of the claim, ETF will issue the purchaser an exchange number for the product(s) in question by email. Products can only be exchanged after the exchange number has been issued.
In the event of delivery error or exchange, all products to be exchanged or returned must be returned to the seller in their entirety and in their original packaging, by registered parcel post (Colissimo Recommandé), at the following address:
Editions Techniques Ferroviaires
Customer Services
16, rue Jean Rey
75015 PARIS, France
Return costs are to be borne by the seller.
IV. 3 - Case of dematerialized products
The delivery of dematerialized products in PDF format is done by making them available in the customer's profile under the tab "my downloads" in "my account". The products to be downloaded remain for one month after the order. It is recommended to download them immediately after purchase.
The drawings are in pdf format and are delivered in a separate email after validation of your order to the email address of the person placing the order.
V. RIGHT OF WITHDRAWAL
V.1 – Object and restrictions
This option is only available to:
Individual Clients that are consumers; and
Business Clients, where the contract was agreed away from business premises and if the subject of the contract does not fall within the scope of their core business and the number of employees employed by the business is less than or equal to five (5).
With regard to the goods sold on this site and apart from the exceptions set out below, Clients acting as individuals (in other words, as “consumers” in accordance with the “HAMON” consumer-protection law dated 17 March 2014) may withdraw without reason within a period of fourteen (14) days from the date on which they received the product.
Certain products defined in Article L.221-28 of the Consumer Code and in Article 6 of Decree No. 2021-1734 of 22 December 2021, in force from 28 May 2022 may not form the object of a right of withdrawal by the Client acting as a consumer:
- The supply of digital content (including applications, IT software, digital books, etc.) not provided physically; and
- The supply of journals and periodicals, with the exception of subscription contracts for these publications.
For these the Client will be asked to expressly renounce their right of withdrawal by ticking the relevant box when placing the order.
V.2 – Product return procedure
In order to respect the cut-off date for withdrawal, the Client must exercise this right of withdrawal within the 14-day period by writing to: “ETF Customer Service – 16 rue Jean Rey – 75015 Paris, France”.
ETF shall confirm receipt via email.
The Client must return the Product without excessive delay and, at the latest, within the fourteen (14) days following the notification to ETF of the decision to withdraw. Product returns will be accepted only for products in their original condition. ETF shall reimburse the Client, using the same means as those used by the Client for the initial payment, for the full amount paid including the delivery charges if invoiced to the Client, within the fourteen (14) days following the date of receipt of the returned goods at the latest or on the date of proof of dispatch, whichever is the earlier. The Client is responsible for the cost of returning the product.
VI. GUARANTEES
VI.1 – Legal guarantee of conformity
These provisions apply only to Individual Clients that are consumers.
All Clients enjoy legal guarantees in accordance with Decree No. 2021-1247 of 29 September 2021 on the legal guarantee of conformity for goods, digital content and digital services, adopted for the transposition of Directives (EU) 2019/770 and 2019/771, and Articles L.217-4 and L.215-5 of the Consumer Code arising from this decree.
ETF is liable to respond to defects in conformity which exist at the time of delivery if:
- The product is unfit for the use normally expected for such an item;
- The product does not correspond to the description given by ETF, even if it works perfectly.
Action resulting from defects in conformity lapses two (2) years after the delivery of the product.
In the event of defects in conformity, the Client may demand either the replacement or repair of the product. However, if the cost of fulfilling the option chosen by the Client is manifestly disproportionate compared to the other option available, considering the value of the product and the significance of the defect, ETF may choose to refund the Client, rather than proceed with the option chosen by the Client. In the event that the product cannot be replaced or repaired, ETF undertakes to refund the price of the product within thirty (30) days of receipt of the returned product and in exchange for the return of the product by the Client to the following address: “ETF Customer Service – 16 rue Jean Rey – 75015 Paris, France”.
Finally, the Client is exempt from providing proof of the existence of defects in conformity of the product for twenty-four (24) months following the delivery of the product.
VI.2 – Guarantee against hidden defects
ETF is required to guarantee against hidden defects of the product that would make it unsuitable for its intended use, or that would diminish the use to such an extent that the Client would not have acquired it, or would have paid less for it, had these defects been known, in accordance with Article 1641 of the French Civil Code.
This guarantee allows Clients who can prove the existence of a hidden defect to return the product for a full refund of its cost or to receive a partial refund of the cost of the product without returning the product.
In the event that the product cannot be replaced or repaired, ETF undertakes to refund the price of the product within thirty (30) days of receipt of the returned product and in exchange for the return of the product by the Client to the following address: “ETF Customer Service – 16 rue Jean Rey – 75015 Paris, France”.
Action resulting from hidden defects must be taken by the Client within two (2) years of the discovery of the defect.
VII. CONCILIATION – FORUM SELECTION CLAUSE
In the event a problem arises in connection with the performance of the contract and before any legal proceedings, the parties agree to submit their dispute to an amicable conciliation procedure.
To this purpose, the party wishing to implement the amicable conciliation procedure shall notify the other party, by registered letter with a request for acknowledgement of receipt, of its intention to do so and specify the problems that have arisen or the identified shortcomings. This letter shall be considered formal notice to rectify the identified shortcomings.
However, if during the thirty (30) calendar days following this first notification, the parties have not come to an amicable settlement, each of them shall regain their full freedom of action.
This contract and all disputes relating to it are subject to French law.
In the absence of an amicable agreement between the parties, the Paris commercial court (Tribunal de Commerce) alone will be competent to settle all disputes or controversy deriving from this contract, even proceedings involving the introduction of third parties and proceedings involving several defendants.