GENERAL CONDITIONS OF REMOTE SALES FOR PUBLICATION PRODUCTS: REPORTS, FILES, DRAWINGS AND OTHER TECHNICAL DOCUMENTS BY UIC
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 (ETF), a 100% subsidiary of UIC, primarily aims to design, produce, publish, distribute and sell commercial brochures, technical and/or scientific support, publications, notes, 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.
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. The resellers must have concluded an advance 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 28 May 2015. They terminate and replace any previous versions.
ETF reserves the right to modify these GCS at any time through the publication of a new version on the Site. 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 upon request made to the Client.
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 – VALIDITY OF THE ORDER
Orders are placed via:
- The website: www.shop-etf.com
- Post: ETF, 16 rue Jean Rey, 75015 Paris, France
- Email: ETFpubli@uic.org
- Fax: 00 33 1 44 49 21 89
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 law dated 13 March 2000 regarding the adaptation of the law on the proof of information technology and in relation to the electronic signature, the electronic signature via "double click" associated with the authentication and non-reneging procedure and with the protection of message integrity is a valid signature demonstrating the Client's consent to meet the obligations resulting from this act.
The contract is deemed to be formed upon validation of the order by the second click.
Any order modification or cancellation requested by the client may only be taken into consideration if received in writing before the products are dispatched.
The prices of our products are given in euro before tax, before shipping costs and before applicable discounts.
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.
Customs duties or other local taxes, import duties or state taxes may be due. These duties and sums 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.
The invoicing of shipping fees depends on the type of dispatch and the size of the order.
The dispatch rates can be found at the following link[hc1] :
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 60 days following submission of this quote.
The contractual information shall form the object of an email confirmation indicated by the Client when placing the order.
IV. METHODS OF PAYMENT AND SECURITY
4.1 – Methods of payment
Payment can be made via the following methods:
Bank card: Visa, MasterCard, other cards, notably those issued within the French network GEI Cartes Bancaires.
The details of Clients' cards are encrypted using SSL (Secure Socket Layer) protocol and are never passed along the network in clear text. Payment takes place directly on the banking server of our partner "Crédit du Nord". ETF has no access to these details and keeps no details on its servers. This is why the Client must fill out these details again for each new transaction.
Bank transfer to ETF
66 avenue du Maine – 75014 Paris
IBAN: FR76 3000 4002 7400 0106 6070 758
Cheque or giro to ETF
For the latter two, the order is reserved for 2 months. If the cheque or transfer has not been received by the end of this period, the order will be cancelled. The order will be processed only once the cheque or transfer has been received.
Payment is made prior to shipping on the basis of a pro-forma invoice. If this is not the case, the payment must be made immediately on receipt of the invoice.
4.2 – Delay in payment and non-payment
In the event of a delay in payment or of partial payment and in accordance with Article L 441-6 of the Code of Commerce, the Professional Client, 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, the Professional Client 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, the Professional Client shall be expected to reimburse this on submission of proof.
In the event of non-payment, forty-eight 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.
V. DELIVERY PERIOD AND AVAILABILITY OF ITEMS FOR ORDERS OF PUBLICATION PRODUCTS
Deliveries shall take place only in accordance with availability and the chronological order in which the orders arrive. Orders can be tracked via "My Orders" under the Client's "Account".
No item will be delivered simply for consultation.
For an order comprising multiple products, ETF reserves the option of splitting up the order into several deliveries, without additional cost to the Client.
In the event of temporary unavailability of a product, ETF shall inform the Client: unless the Client provides notification to the contrary within five (5) days of receiving this information, the order shall be deemed confirmed.
In the event of long-term unavailability, ETF shall inform the Client. Unless notification is provided to the contrary, the order shall be deemed cancelled.
If the delivery period is exceeded, this does not give rise to damages, to deduction or to cancellation of the orders in progress. However, if the product has not been delivered 2 months after the indicated date of delivery, unless the cause is an event of force majeure, the sale may be terminated upon the request of either Party.
In the event of force majeure, ETF is relieved of its obligation to deliver.
If, at the time of delivery, the original packaging is damaged, torn or open, the Client must check the condition of the items. If the items are damaged, the Client may refuse the parcel and must then note an objection on the delivery slip. If the Client accepts the parcel despite the damaged condition of the parcel and the items, no return will be accepted. If the products need to be resent due to non-conformity in terms of type or quantity, the Client shall inform ETF within 7 days of the delivery. Product returns will be accepted only for products in their original condition. Any claims made after this period will not be accepted.
VI. RIGHT OF WITHDRAWAL
This option is only available to Individual Clients that are consumers.
With regard to the goods sold on this site and apart from the exceptions set out below, the Client acting as an individual (in other words, as a "consumer" 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 he received the Product.
Certain products defined in Article L.121-21-8 of the Consumer Code may not form the object of a right of withdrawal by the Client acting as a consumer:
- The supply of digital content (including applications, software, digital books, etc.) not provided physically if the Client accepted at the time of submitting the order that ETF is beginning to supply the order and expressly renounced his right of withdrawal; and [Must be mentioned on the site when purchasing electronic docs]
- The supply of journals, periodicals with the exception of subscription contracts for these publications;
ETF reminder: 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: "Service Client ETF – 16 rue Jean Rey – 75015 Paris FRANCE"
ETF shall confirm receipt via email.
6.2 Return of the Product and Reimbursement
The Client must return the Product without excessive delay and, at the latest, within the fourteen 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 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. ETF reminder: The Client is responsible for the cost of returning the Product.
VII. INTELLECTUAL PROPERTY RIGHTS
The products sold on the Site are protected by the Intellectual Property Code.
The intellectual property of the products sold by ETF, via its site www.shop-etf.com, belongs to the International Union of Railways (UIC).
For digital products, UIC grants, via ETF, a right of use under the conditions described in these General Conditions, with the exclusion of any transfer of ownership.
This right of use permits the Client to establish, digitise or reproduce the products for personal use in the case of consumers and for professional use in the case of others for the purpose of storage for viewing a representation on screen or a print-out on paper. This professional right of use is reserved for the sole legal entity that purchased the document(s).
The digital product forming the object of this licence may not under any circumstances be placed on any network. The Client undertakes not to infringe, modify or delete the identification markings and/or the technical measures of control or restriction of use or of protection with regard to third parties, as well as, if applicable, any device pursuing the same objective.
It is forbidden to reproduce the digital document(s) or place the digital document(s) on a network without having signed a specific contract with ETF beforehand.
The products (hard copy or soft copy) are protected by national and international legislation with regard to authoring rights, which belong to UIC. As such, the Client may under no circumstances communicate the products to third parties either free of charge or at cost, nor may the Client market these either directly or indirectly. He is also not permitted to distribute them publicly, to adapt them or have them adapted, to modify them or have them modified, transform them or integrate them into other works.
The printed copy in question is fully protected by national and international legislation with regard to authoring rights and cannot be photocopied or reproduced in any form. It cannot be resold under any circumstances.
The Client recognises that any use other than that granted by these General Conditions of Sale shall constitute an act of infringement in the absence of express advance authorisation from ETF.
ETF reserves the right, without indemnity, to modify all or part of a digital product at any time, its update and where applicable its presentation or support. ETF is the sole proprietor of the site www.shop-etf.com with all its components.
VIII. PARTICULAR CONDITIONS APPLICABLE TO THE SALE OF RAILLEXIC
RailLexic is the UIC railway terminology database.
ETF provides access to a range of RailLexic digital products, in single-workstation or network (multi-workstation) versions and with online subscription over the Internet, hereinafter referred to as the RailLexic Products.
8.1 Purchase of the single-workstation or network version
Once the purchase has been validated, the Client will receive an email containing a link from which he may download the software and a licence number that he should specify the first time that he uses the software. Once the software has been installed, the Client must enter this licence number within 7 days in order to activate RailLexic. If the software is not activated within this period, the software will be blocked.
When purchasing a "network" licence (multi-workstation licence), however, the Client should proceed with installation on his server before being able to install the software on the workstations.
The Client must ensure that his technical environment is compatible with the software.
8.2 Online subscription
The online subscription is taken out for a calendar year with renewal by tacit agreement. It is possible for the Client to cancel this subscription by notifying ETF via email (ETFpubli@uic.org) with a notice period of 2 months prior to 31 December of the current year.
Once the online subscription has been validated, the Client will receive, via email, a login and a password to ensure Client identification. This email will also contain the hypertext link to gain direct access to the database.
The Client undertakes to keep the aforementioned codes secret and to have them kept secret. As a result, the Client assumes sole responsibility for the consequences of divulging these codes to members of his staff.
The Client is forbidden from communicating to any third party any part of the access codes sent to him.
If the Client loses his access details, he shall inform ETF as soon as possible via email (ETFpubli@uic.org), and ETF will send him new details.
IX. PARTICULAR CONDITIONS APPLICABLE TO THE SALE OF STANDARD DRAWINGS
Drawings are sold under licence and use of the drawings is only permitted to Customers who have purchased the drawings.
It is up to each Company wishing to use standard drawings to ascertain, within their own competence and at their own responsibility, whether there are any relevant norms and/or patents applicable in their country which could prevent the adoption of the technical arrangements incorporated in these drawings.
Should such patents exist, it will be up to the Company to obtain from the patent holder, where necessary, permission to use these patents. In no case whatsoever can UIC assume any responsibility in disputes between the Company and the holders of patents.
Normative references should be updated by parties purchasing the standardised drawings, in accordance with the national and international legislation in force at the time the bogie wagons and the components’ parts presented on the website were manufactured.
The Products conform to their description in the catalogue.
ETF shall not be held responsible for the failure to execute the contract due an event of force majeure, a third party to the contract (notably postal services and means of transport) or the fault of the Client.
ETF shall not be responsible for any damage caused by the Client or by a third party resulting directly or indirectly from the failure of the Client to respect any of his obligations, from negligence, or from the use of a product for purposes other than those known.
The same applies for use by the Client of the information contained within the products and the interpretations he derives, the results that he obtains, the advice that he dispenses and the deeds that he draws, all of which are his own responsibility.
ETF cannot be held responsible by the Client for any loss resulting from the execution of the order. "Any loss" notably includes the loss of profits, income, use of clientele or any similar loss, any payment made or due to a third party, economic loss, inability to use the data within particular functions, and any loss or damages resulting from the time taken to supply the data forming the object of the contract.
The selection and the purchase of a product are the sole responsibility of the Client. The partial or total inability to use the products, notably due to equipment incompatibility, will not result in any compensation, reimbursement or implication of ETF responsibility.
XI. ONLINE SERVICE
The site is accessible at any time, except in the event of force majeure or an event outside ETF's control, and subject to any failures or maintenance interventions required for the correct operation of the Site. Maintenance interventions may be performed without prior notice.
The Client acknowledges that he is aware of the characteristics and limitations of the Internet network, notably with regard to transmissions of information data via the networks and data attack. Under such conditions, ETF shall not be held responsible for technical problems not related to its service. ETF undertakes to implement the reasonable means necessary to fulfil all obligations incumbent upon it pursuant to these. In any case, should the responsibility of ETF be invoked, its responsibility will be limited to the amount of the order.
Taking into account the intrinsic nature of the Internet, ETF does not indemnify the Client against risks, notably concerning misappropriation, intrusion, contamination and piracy of your data, programs and files or for any damage incurred by your computer following the use of the Site and the digital Products. It is the Client's responsibility to take all appropriate measures to protect his data, software and files, particularly against computer viruses.
XII. APPLICABLE LAW – DISPUTES
The General Conditions of Sale are governed by French law.
In the event of disputes relating to the interpretation or the execution of these General Conditions of Sale, and following the failure of conciliation between the Parties, the dispute shall be brought before the Parisian courts, which have sole jurisdiction.
The General Conditions of Sale are available in French and English. In the event of discrepancies between these versions, leading to problems in interpretation, only the French text has the force of law.
XIV. INFORMATION TECHNOLOGY AND LIBERTIES
14.1 Collection of personal data
ETF may collect personal data relating to the Client.
ETF may also request additional information from the Client at any time in relation to this personal data.
14.2 Declaration and authorisation
ETF hereby declares that it possesses all the legal and administrative authorisations required to conduct its service.
ETF furthermore certifies that it has properly executed the declarations incumbent upon it under the terms of law no. 78-17 dated 6 January 1978 in relation to information technology, data files and liberties modified on 6 August 2004.
The references to these declarations may be viewed at the official site for the Commission Nationale de l'Informatique (CNIL) and for liberties accessible at www.cnil.fr.
14.3 Handling of personal data
ETF hereby informs the Client that all personal data collected by ETF shall be subject to automated processing.
The handling of this data enables ETF, as the handling responsible, to:
a) Fulfil its obligations to the Client;
b) Inform the Client of special offers and about any new ETF product or service;
c) The details marked with an asterisk are mandatory for processing the order. If this information is not provided, the order cannot be processed;
d) If the Client has agreed, when logging into the site, to receive promotional emails, then emails suggesting new items and exclusives may be sent to him.
e) The Client may request the ETF no longer sends him email at any time by clicking on the link provided for this purpose and inserted in the footer of every email that ETF will send to him, or by writing to
- 16, rue Jean Rey
- 75015 Paris, France
- or by emailing: ETFpubli@uic.org;
f) This opt-out relates solely to emails soliciting sales and not to those sent for the purpose of executing current sales.
g) The Client also authorises ETF to communicate his personal details to third parties under the condition that such communication is compatible with the execution of operations incumbent upon ETF with regard to these General Conditions. ETF may therefore communicate this information to third-party partners or to its members within the context of conventions or reciprocal exchanges of information.
ETF is likely to collect the following data:
- Last name, first name
- Job title
- Email address
- Telephone number
- IP address
- Connection and navigation details
- Order history
- Products looked at
14.4 Method of collection and purpose of the data collected
ETF collects personal details about its Clients for the purpose of:
- Opening the client account;
- Enabling follow-up in the event of a claim;
- Tracking orders;
- Sending newsletters;
- Personalising offers;
- Conducting statistical surveys;
- Obtaining consumer opinions;
- Measuring the audience, the number of pages viewed or the number of visits to the site;
- Combating fraud.
ETF undertakes not to use the information for purposes other than those mentioned above.
This data may be collected when:
a) The Client creates an account entitled "Account";
b) The Client is contacted by ETF customer services;
c) The Client subscribes to the Newsletter
14.5 Client rights regarding personal details
In accordance with law no. 78-17 dated 6 January 1978, the Client has a right to access, modify, correct and delete data pertaining to him and has a right to oppose any dispatches soliciting sales.
The Client can exercise these rights by writing to ETF at the following address:
16 rue Jean Rey – 75 015 Paris, France or by emailing: ETFpubli@uic.org.
If the information is incorrect or incomplete, the Client may request that ETF corrects, expands or deletes it in accordance with the aforementioned procedure.
The Client also has a right to oppose, in the event of legitimate grounds, the handling of personal data pertaining to him, a right that he may exercise against ETF in accordance with the procedure described previously.
14.6 Updating personal details
To enable the updating of personal details pertaining to him, the Client undertakes to supply ETF with all the information requested.
In order to receive the best possible service from ETF, he undertakes to update the information pertaining to him within his "Account" on a regular basis.
For reasons of security and of estimating traffic, ETF has cause to record the following data:
a) Date, time
b) IP (Internet Protocol) address
c) Page(s) viewed
This data is stored for three months.
An IP address constitutes indirectly individual data.
When Clients navigate the site, they leave IT traces. This information is collected by means of "cookies", which do not contain any personal information.