> Terms & Conditions in French

ICC Services, a French simplified corporation [société par actions simplifiée], registered with the Trade and Companies Registry under no. 313 975 237, having its registered office at 33-43 Avenue du Président Wilson, 75116, Paris, a subsidiary of the International Chamber of Commerce, a not-for-profit association (the “ICC”), provides to the public, in particular through its subsidiaries and partners listed below (hereinafter the “Seller(s)”), the Internet site 2go.iccwbo.org intended for the sale of goods and provision of services:

  • For ICC Academy – online training
  • For Coastline Solutions – ICC Digital Library
  • For ICC Services – publications, books, conferences and seminars.

The relationship between the Seller and a person placing an order on the Site (hereinafter the “Customer”) will be governed by the present general terms and conditions of sale and service provision, and the supplementary general terms and conditions of the subsidiaries and partners, over which the present general terms and conditions will prevail.

The Seller reserves the right to amend the present general terms and conditions at any time by publishing a new version on the Site. The general terms and conditions applicable to a sale or provision of services are those in force at the date on which the order is validated.

Article 1 – Definitions

The use of a capital letter indicates that the following terms and expressions are defined terms and expressions with the following meaning:

“Article”: one or more Goods forming the subject matter of an Order;

“Goods”: any product proposed for sale on the Site;

“Order”: request for Goods or Services made by the Customer to the Seller;

“General Terms and Conditions of Sale”: the general terms and conditions and its annexure forming the subject hereof;

“Delivery Time”: the period between the date on which Validation of the Order for the Goods takes place and the Delivery Date of the Customer’s Order;

“Delivery Cost”: the cost of fees incurred by the Seller to transport the Order to the Delivery Address indicated by the Customer;

“Delivery”: sending of the Article to the Customer;

“Delivery Method”: means any standard or express delivery method available on the Site at the time of the Order;

“Price”: the unit price of any Goods or Service; this value includes all taxes payable in France and excludes the Delivery Cost;

“Total Price”: the total amount of accumulated Prices for Goods and Services forming the subject matter of an Order; this amount is inclusive of all taxes payable in France;

“All-Inclusive Price”: the Total Price to which is added the price of the Delivery Cost; this amount includes all taxes payable in France;

“Service”: any service forming the subject matter of an offer on the Site;

“Site”: the site “2go.iccwbo.org” used by the Seller for marketing the Goods and Services;

“Validation of the Order”: has the meaning given to it in Article 4;

“Online Sales”: marketing of the Goods and Services of the Seller through the Site;

References to articles are references to articles of the General Terms and Conditions of Sale, unless otherwise provided.

Any reference to the singular will include the plural and vice versa, as applicable.

Any reference to a gender will include the other gender, as applicable.

Article 2

Object

The object of the General Terms and Conditions of Sale is to define the rights and obligations of the parties in connection with the Online Sale of the Goods and Services offered by the Seller to the Customer.

In accordance with Articles L.111-1 and L.111-4 of the Consumer Code, the essential features and prices for the Goods and Services sold electronically are available on the Site.

The Customer declares that it has taken note of the General Terms and Conditions of Sale prior to Validation of the Order within the meaning of Article 4. Validation of the Order is therefore deemed to constitute unqualified and unreserved acceptance of the General Terms and Conditions of Sale.

Article 3

Entry into Force and Term

The General Terms and Conditions of Sale enter into force on the Validation date of the Order as defined in Article 4.

The General Terms and Conditions of Sale are entered into for the time required for supply of the Goods and Services, until the warranties and obligations owed by the Seller have been discharged.

Article 4

Ordering the Goods and Services and Steps for Completion of an Online Sale

In order to place an order, the Customer must follow the mandatory steps set out below:

1. Go to the site at the address “2go.iccwbo.org”;

2. Follow the instructions on the Site, and in particular the instructions required for opening a customer account;

3. The Customer receives an electronic confirmation of the creation of its account;

4. Fill in the order form, indicating the available place for delivery, specified in Annexure 1. In cases of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity may no longer be guaranteed. The Customer is then invited to recommence their selection of Goods and Services from the beginning;

5. Check the details of the Order and, as applicable, identify and correct any errors;

6. Validate the Order, the Total Price as well as the All-Inclusive Price (“Validation of the Order”);

7. Follow the instructions of the online payment server in order to pay the All-Inclusive Price.

The Customer then receives electronic confirmation of acceptance for payment of the Order.

The Customer also receives an electronic receipt which acts as confirmation of the Order (“Confirmation of the Order”).

The Customer receives electronic confirmation when the Order is dispatched.

If the Customer does not receive the notifications specified in the present Article, the Online Sale is incomplete, and the Customer is invited to contact the Seller.

Delivery will take place at the delivery address indicated by the Customer during the Order. During performance of the various steps of the Order process mentioned above, the Customer undertakes to comply with the present contractual terms and conditions in keeping with Article 1366 of the Civil Code.

The Seller undertakes to honour the Order only within the limit of the available stock of Goods. In the event of unavailability of Goods or Services, the Seller undertakes to notify this to the Customer.

Nevertheless, in accordance with Article L.122-1 of the Consumer Code, the Seller reserves the right to reject the Order if it is defective, placed in bad faith or for any other legitimate reason, including impossibility of receiving payment of the Price, and in particular, where the Customer owes an amount of money to the Seller, in cases of failure to pay a previous order or where there is an existing dispute with the Customer.

Article 5

Price for the Goods and Services

The Price for the Goods and Services sold on the Site is indicated by article and reference or by service and reference respectively.

The currency accepted for payment on the Site is the Euro.

At the time of Validation of the Order, the price to be paid comprises the All-Inclusive Price, as required under French law.

Article 6

Terms and Conditions for Payment

The Customer is informed and hereby accepts that all payments for Goods and Services offered on the Site are processed through payment partners controlled by the Seller, Stripe Connect and Xing SE. in this respect, the Customer undertakes to provide any supplementary information which may be required by Stripe Connect and Xing SE (directly or by way of the Seller), including information which may allow the Customer to be identified.

ICC Services proceeds with the collection and processing of personal data in accordance with the data protection policy, which can be found on the Site.

If payment is not made by the holder of the bank account corresponding to the bank card or from which the bank transfer has been made, the Customer must ensure compliance of the payment with the applicable banking legislation and regulations and must in particular ensure the existence of a legal connection between the Customer and the holder of the bank account used, authorising the payment.

The means of payment accepted are: bank cards, and bank transfers for Orders where the amount exceeds EUR 500.

If the Customer is a National Committee, Group or Direct Member of the ICC, it may pay for its Order by bank transfer without any minimum amount.

In accordance with Article L.132-2 of the Monetary and Financial Code, the undertaking to pay given by way of a payment card or a bank transfer is irrevocable. By communicating the information concerning its bank card, the Customer authorises the Seller to debit its bank card for the amount corresponding to the All-Inclusive Price.

To this end, the Customer confirms that it is the holder of the bank card to be debited and that the name appearing on the bank card is in fact its name. The Customer communicates the number and expiry date of its bank card including, as applicable, the numbers of the card security code.

Completion of an Online Sale is conditional on receipt of the Price by the Seller.

The Seller is required to operate in compliance with the national and international laws and regulations in force applicable to the fight against corruption, fraud, money-laundering, the fight against terrorism, commercial embargoes and/or economic sanctions.

The Seller reserves the right to refuse or suspend any Customer transaction that the Seller considers fraudulent, unlawful, or non-compliant with the General Terms and Conditions of Sale.

The Seller will not be held liable in the event of any inability to pay resulting from the above-mentioned situations.

Article 7

Delivery of the Order

7.1 Delivery Method

Orders are carried out by the company DHL Express, using the methods offered by DHL and selected by the Customer.

7.2 Delivery Address

The Customer chooses a Delivery address which must be located within one of the territories of the list contained in Annexure 1 to the General Terms and Conditions of Sale.

The Customer will be solely responsible for any failure of Delivery due to missing details or inaccurate details at the time of the Order.

7.3. Amount of Delivery Cost

The amount of the Delivery Cost will depend on the amount of the Order and the delivery method selected by the Customer. In all cases, the amount of the Delivery Cost is indicated to the Customer before Validation of the Order.

7.4. Delivery Time

The Delivery Time is indicated on the Site and can vary depending on availability of the Goods forming the subject matter of the Order

Delivery Times begin from the date of Confirmation of the Order by the Seller.

7.5. Delivery Delay

The Seller will notify the Customer by electronic mail of any delay in delivery. The Customer may then decide to cancel the Order and will send notice of cancellation of the Order by electronic mail to the Seller (publications@iccwbo.org).

In cases where the Order has not yet been shipped upon reception by the Seller of the Customer’s cancellation notice, the Delivery is blocked and the Customer is reimbursed for any amounts which may have been debited within a period of fourteen days following reception of the cancellation notice. In cases where the Order has already been shipped upon reception by the Seller of the Customer’s cancellation notice, the Customer can still cancel the Order by refusing the package. The Seller will then proceed with reimbursement of the amounts debited and return shipping charges paid by the Customer within a period of fourteen days following reception of the returned refused package, in a complete state and its original condition.

7.6. Delivery Tracking

The Customer is able to track the progress of the Order as it is processed through the dedicated portal for this purpose on the Site.

7.7. Verification of the Order on Arrival

The Customer is required to verify the state of the packaging and that of the Articles at the time of Delivery.

It is the responsibility of the Customer to make any reservations or claims that it deems necessary, or even refuse the package, where the package is clearly damaged upon Delivery. The said reservations and claims must be communicated to the shipping company by registered letter, return receipt requested, within three business days, excluding public holidays, following the date of Delivery of the Goods.

Furthermore, the Customer must have a copy of this letter delivered to the Seller. Failure to make a claim within the above-mentioned time period extinguishes any action against the shipping company in accordance with Article L.133-3 of the Commerce Code. The Customer must ensure that the Goods which have been delivered to it match the Order. In the event of non-compliance of the Goods in nature or quality to the specifications detailed in the Delivery note, the Customer must notify ICC Services by electronic mail (publications@iccwbo.org) and send the Goods back to the address indicated by the customer service department.

Article 8 - Ordering Digital Content

The process for ordering digital content is presented in detail on the Site.

To order, the Customer must have a user account on the Site.

Orders for digital content, validated by the Customer, cannot be cancelled following acceptance and receipt of payment by the Seller.

Orders for digital content are confirmed by email and a link is sent to the Customer allowing download of the selected content.

If the Customer does not receive the notifications mentioned in the present Article, the Online Sale is not complete and the Customer is invited to contact the Seller.

In accordance with the legal provisions in force concerning services supplying digital content, the Customer expressly accepts that the supply of digital content commences on receipt and acceptance of payment by the Seller or before expiry of a 14 day time period and the Customer expressly relinquishes the right to withdraw. No request for withdrawal, cancellation or reimbursement will be entertained after the date of receipt and acceptance of payment by the Seller.

The Seller undertakes to reimburse the Customer or exchange any damaged files. In this case, the Customer must notify the Seller’s customer service department as soon as possible.

In all cases, the Customer is entitled to the legal warranties on conformity and latent defects, in accordance with the legal provisions in force.

It is noted that in relation to the legal warranty on conformity, consumers:

- Enjoy a two-year period after delivery of the goods during which they can take action in relation to the Seller;

- Can elect between repair or replacement of the goods, subject to the conditions on cost provided in Article L.217-9 of the Consumer Code;

- Are waived of the requirement to prove the existence of the lack of conformity of the goods during the six months following delivery of the goods.

The legal warranty on conformity applies independently from any commercial warranty which may cover your goods. It is specifically noted that consumers may decide to enforce the warranty against latent defects in the goods sold within the meaning of Article 1641 of the Civil Code and, in this case, may elect between cancellation of the sale or a reduction in the sale price pursuant to Article 1644 of the Civil Code.

Any benefits acquired during purchase of the product will be lost in the event of cancellation of an order.

Article 9

Right of Withdrawal for Goods and Services

The Customer enjoys a right of withdrawal that may be exercised within a period of fourteen calendar days after the date of receipt or collection of an Order. In cases where this time period expires on a Saturday, Sunday or a public holiday or non-working day, it will be extended until the first following business day.

Any Customer wishing to exercise their right of withdrawal must return the Articles within the above-mentioned time period, in their original packaging, complete, and as a new to the address indicated by the client service department.

Article 10

Warranty

The Seller is subject to the conditions of legal warranties provided in Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:

Article L.211-4 of the Consumer Code: “The Seller is required to deliver goods in conformity with the contract and is responsible for conformity defects existing upon delivery. The Seller is also responsible for conformity defects arising from the packaging, assembly instructions or installation where it is made responsible for this aspect by the contract or installation has been carried out under its responsibility”.

Article L.211-5 of the Consumer Code: “To be in conformity with the contract, the goods must:

1. Be fit for the purpose normally intended of similar goods and, as applicable: match the description given by the seller and possess the features presented to the purchaser in the form of a sample or model; possess the features that a purchaser might legitimately expect in view of the public statements made by the Seller, the producer or by its representative, including in particular advertising or labelling;

2. Either display the characteristics defined jointly by the parties or be fit for any special use sought by the purchaser, which was made known to the seller and which the seller has accepted”.

Article L.211-12 of the Consumer Code: “The action arising from lack of conformity has a limitation period of two years following delivery of the goods”.

Article 1641 of the Civil Code: “The Seller is bound by the warranty against latent defects of the goods sold rendering them unfit for the use intended, or which so impair this use that the purchaser would not have acquired them, or would only have paid a lesser price for them, if the defects had been known”.

Article 1648 of the Civil Code: “The action arising from redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect. In the case envisaged by Article 1642-1, the action must be commenced, if it is not to be out of time, within one year following the date on which the seller can be discharged of patent flaws or defects of conformity”.

The Seller is also subject to Article L.217-4 of the Consumer Code: “The Seller shall deliver goods in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. The Seller is also responsible for defects of conformity arising from the packaging, assembly instructions or installation where it has been made responsible for this aspect by the contract or installation has been carried out under its responsibility”.

The Customer can exercise these warranties by applying to:

By email: publications@iccwbo.org

Or by post:

Client Service Department

ICC Services

33-43 Avenue du Président Wilson

75116 Paris, France

Article 11

Intellectual Property Rights

The trademarks belonging to all Sellers, including all figurative or other trademarks and more generally all other marks, illustrations, images and logos displayed on the Goods, their accessories and their packaging, whether registered or not, are and remain the exclusive property of the Seller and/or its partners or, as applicable, their respective owners with whom they have entered into licence agreements. Any full or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. This also applies to any combination or amalgamation with any other trademark, symbol, logo and more generally any other distinctive sign intended to create a composite logo. This also applies to any copyright, design, model or patent rights which are the property of the Seller or its partners or, as applicable, their respective owners with which they have entered into licence agreements.

Article 12

Force Majeure

Performance by the Seller of its obligations pursuant to the General Terms and Conditions of Sale will be suspended should an act of God or force majeure event occur which impedes or delays said performance.

The Seller will notify the Customer of the occurrence of such an act of God or force majeure event within 5 days after the date on which the event occurs.

Where the suspension of performance of the Seller’s obligations continues for a period exceeding 20 days, the Customer will be entitled to cancel the Order in progress and the Seller will then proceed to reimburse the Order on the terms specified in Article 7.

Article 13

Invalidity of a Clause of the Contract

If any single provision of the present Contract is found null and void, this invalidity will not cause the other provisions of the Contract to be void and they will remain in force between the parties.

Article 14

Claims and Amicable Settlement of Disputes

Pursuant to Article L.612-1 of the Consumer Code: “Every consumer enjoys a right of recourse to a consumer mediator free of charge to reach an amicable settlement of the dispute between the consumer and a business professional.”

Disputes falling within the scope of application of Article L.612-1 of the Consumer Code are the disputes defined in Article L.611-1 of the Consumer Code, being disputes which are contractual in nature, relating to performance of a contract of sale or for provision of services, between a consumer and a business professional. The legislation covers both national and transnational disputes.

Article 15

Governing Law

The present Contract is governed by French law.

Article 16

Dispute Settlement

Pursuant to Article L.612-1 of the Consumer Code: “Every consumer enjoys a right of recourse to a consumer mediator free of charge to reach an amicable settlement of the dispute between the consumer and a business professional.”

Disputes falling within the scope of application of Article L.612-1 of the Consumer Code are the disputes defined in Article L.611-1 of the Consumer Code, being disputes which are contractual in nature, relating to performance of a contract of sale or for provision of services, between a consumer and a business professional. The legislation covers both national and transnational disputes.

Any dispute between, in particular, the Seller and a consumer or professional Customer, arising from the formation, interpretation or performance of the General Terms and Conditions of Sale will fall under the exclusive jurisdiction of the courts in Paris, France, notwithstanding multiple defendants or third-party proceedings.

Updated on July 08, 2019