General Terms and Conditions of Sale.
"KLASSBOOK"
Update 18.05.2021
Aim
The purpose of these terms and conditions of sale (hereinafter, "T&Cs or "Terms and Conditions") is to govern the production, printing on demand and sale of Klassbook personalised photographic books (hereinafter, the "Products") on the Application to customers who use the Klassly Application (hereinafter, the "Customers").
The Application is published by KLASSROOM, a simplified joint-stock company registered in the Paris Trade and Companies Register under number 820 618 833. The registered office is located at 10, rue de Penthièvre, 75008 Paris (hereinafter "KLASSROOM").
These T&Cs prevail over any other general or special conditions.
T&Cs Agreement and Modification
Any Order the Customer places with KLASSROOM shall constitute the complete acceptance of these T&Cs.
KLASSROOM reserves the right to modify or adapt all or part of these General Terms and Conditions of Sale at any time.
The date of the update appears above these T&Cs.
The new version of these T&Cs will be published on the Application. The version of the applicable T&Cs shall be the one in force at the time of the Order by the Customer.
Definitions
In these T&Cs, words or expressions beginning with a capital letter refer to the terms defined in the General Conditions accessible at KLASSROOM.fr/conditions-d'utilisation-et-de-vente and, otherwise, they will have the following meaning:
“Application”: Refers to the Mobile Application and/or the Web Application.
“Mobile Application”: Refers to the Klassly mobile Application published and provided by KLASSROOM available for download on the following mobile application download platforms: App Store for the iOS system, Google Play Store for Android and where the Services are offered.
“Web Application”: Refers to the Klassly web application published and provided by KLASSROOM available at klass.ly, via the Website, and on which the Services are offered.
“Customer”: Refers to any User customer (Parent or Teacher) who orders on the Application.
“Order”: Refers to the Customer's order of Products on the Application.
“Account”: Refers to the User's account created following the conditions described in Article 3.2 of the GT&Cs and enabling the User to access all of the Application's features.
“GT&C”: Refers to the General Conditions of KLASSROOM, accessible at KLASSROOM. fr/conditions-d'utilisation-et-de-vente
“T&Cs”: Refers to the present General Terms and Conditions of Sale.
“Delivery”: Refers to the delivery of the Products ordered to the postal address provided by the Customer when placing the Order.
“Data Protection Act”: Refers to the law n°78-17 of 6 January 1978 relating to Information Technology, Files and Freedoms as amended.
“Party (ies)”: Refers individually or collectively to the party or parties to these T&Cs.
“Parent”: Refers to a parent or relative of a student who has created an Account. The term "Parent" is used interchangeably to refer to a parent or relative of a Student.
“Photographs”: Refers to photographs of the Class taken by the Teacher during the school year or photographs imported by the Customer from their own library.
“Price”: Refers to the price of the Products paid by the Customer to KLASSROOM.
“Product”: Refers to the illustrated book created by the User on the Application, printed on demand and sold by KLASSROOM.
“Teacher”: Refers to the teacher of one or more Classes that created an Account.
“GDPR’: Refers to the European Data Protection Regulation No. 2016/679 of 27 April 2016.
“Services”: Refers to the provision of Products via the Application.
“Site”: refers to the Internet site published by KLASSROOM available at the address KLASSROOM.fr.
KLASSROOM's rights and obligations
KLASSROOM offers the Services defined herein.
KLASSROOM reserves the right, without prior notice or compensation, to change the operational methods, servers and hours of accessibility, to temporarily or permanently close the Application or access to one or more Services to update or modify the Application.
Similarly, KLASSROOM reserves the right to make any changes and improvements to the Application and its features that it deems necessary or useful for its efficient performance.
Products
Product characteristics
The Products are personalised illustrated books with photographs of the Class taken by the Teacher during the school year or pictures imported from the Customer's library.
The Product is comprised of 24 pages. The Customer may add additional pages in return for an additional fee.
The Product may include (i) a list of Pupils and a class photo if Users have completed the Pupil Profile and (ii), where applicable, a class photo.
The Klassbook exists in digital and/or paper version and different formats. The characteristics of the Products are detailed on the Application. The Customer acknowledges having read them before placing an Order.
Creating a Klassbook
Before creating a Klassbook, the Customer must log in to their account on the web or mobile Application and then:
Click on the "Photo Book" tab and then the "Create a Photo Book" tab;
If applicable, select the Class they wish to create the Product from.
Select the Product Cover Photo and then the Class Photo. The latter can be later modified;
Launch the Product in the Application
The
Customer can customise the Product as he/she wishes; depending on the
simplified or advanced editing tool that they are using, they can:
Modify the Product's layout by choosing a format for displaying the Photographs per page (for example, size or positioning);
Add Photographs to the Product from a selected Class or their own library;
Delete or modify Photographs displayed in the Product;
Reverse the location of two photographs;
Edit, delete text ;
Zoom in or out on the Product;
Suppose the Customer wishes to make advanced changes to the Product. In that case, they are invited to log into their Account via the Web Application and use the advanced editing tool allowing them greater freedom of creation and layout.
The Customer can view the Product thus created at their convenience on their Account.
The Customer acknowledges that the editing and modifications of the Product are saved on his/her Account.
Once the Klassbook has been created, the teacher can publish it in the Classroom (hereafter, the "Initiative"). The teacher clicks on the "Next" tab and determines what is offered to the parents by choosing :
The format of the Klassbook ;
The price at which the Product is offered to Parents;
The desired delivery date;
Parent's payment method
The Teacher then validates the Incentive's publication in the Class to collect pre-orders from Parents interested in the Product.
Ordering Products
Contractual capacity
The Customer declares that he/she has the contractual capacity to enter into a contract and is of legal age.
KLASSROOM reserves the right to refuse any Order from a Customer with whom a dispute exists or arises during the processing of an Order, particularly a payment dispute.
The Customer's purchase order via the Application
The Customer has the option of ordering the Product:
immediately after the Klassbook creation process by clicking on the "FINISH" button
later by selecting the Klassbook and clicking on the "ORDER" button in his/her Account.
The Customer shall then enter the Product format and quantity and complete the fields required for payment and delivery of the Product.
The Customer undertakes to check the file and its contents before proceeding with the Order to ensure that the Product corresponds to his/her expectations.
Finally, the Customer clicks on the "Pay" tab to finalise the Order and proceed with the payment under the conditions set out in the "Price and Payment" article of these T&Cs.
Where the Customer is a Teacher, it is the Customer's responsibility to:
have the order form available on his/her Account signed by the school's representative (the order form is also sent by e-mail to the teacher);
return the signed and duly completed Order Form to KLASSROOM by e-mail at bonjour@KLASSROOM.fr. A receipt confirmation of the Order is sent by e-mail;
check with the school cooperative that the order has been paid.
Product delivery
Delivery areas
The geographical area of Product delivery is as follows: World.
Any Order made from a third country may entail additional costs for the Customer and customs duties and/or taxes claimed by the competent authorities of the final destination country.
KLASSROOM shall not be liable for such customs duties and/or taxes, which are the responsibility of the authorities of the country of delivery. KLASSROOM invites the Customer to inquire about any customs duties and/or taxes applicable in the country concerned.
Delivery Services
The Products are shipped to the address indicated by the Customer during the ordering process.
The customer is responsible for verifying the completeness and conformity of the information provided to KLASSROOM, which shall not be held liable for any input errors and the consequences of delay or error in Delivery. In this context, all costs incurred for the reshipment of the Order shall be entirely at the Customer's expense].
KLASSROOM shall not be held responsible for delays in shipping due to errors or disruptions attributable to carriers (including, in particular, in the event of a total or partial strike of postal services and means of transport and/or communications).
Delivery time
Delivery times depend particularly on the days required to manufacture the Product, the carrier's delivery time and the place of delivery.
KLASSROOM shall inform the Customer of the Delivery times.
The Customer, as a consumer, benefits, in case of delay in Delivery, and under the legal provisions, from the possibility of resolving the contract under the terms and conditions defined in Article L. 216-2 of the Consumer Code.
Customer's responsibility for checking packages upon receipt
KLASSROOM wishes to remind the Customer that it is the Customer's responsibility to inspect its packages upon receipt in the delivery person's presence and immediately notify the carrier and the customer service department bonjour@KLASSROOM.fr of any anomaly noted. If such information is not included on the delivery slip presented to the Customer by the carrier, no claim relating to the condition of the package(s) may be accepted a posteriori by KLASSROOM.
Right of withdrawal
Under the Consumer Code, and particularly article 221-18, the Customer, as a consumer, has a period of fourteen (14) days from receipt of the Product to withdraw.
However, under article L.221-28 of the Consumer Code, the Customer is informed that the right of withdrawal cannot be exercised for contracts:
the supply of goods made to the consumer's specifications or personalised;
Product Compliance
Quality
The service provider chosen by KLASSROOM for the printing of the Products shall ensure that it provides quality Products. However, should the Services fail to meet KLASSROOM's standards, and the Products are found to be defective, the procedure will be as set out in sections 9.2 and 9.3 below.
The most common defects are errors in the number of copies, the number of pages, the format delivered, poorly closed bindings or missing pages, a problem with the finishing, a problem with the colouring, a Product damaged during transport, and they are assessed according to the description on the Order.
Legal guarantee of conformity and guarantee against hidden defects
Under the legal provisions, the Products sold by KLASSROOM benefit from the legal guarantee of conformity, provided for by articles 1604 et seq. of the Civil Code, L.217-1 to L.217-14 and L.411-1 to L.411-2 of the Consumer Code and the guarantee of hidden defects, provided for by articles 1641 et seq. of the Civil Code.
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Where the Customer, as a consumer, is acting under a legal guarantee of conformity:
The legal guarantee of conformity shall apply independently of any commercial guarantee which may be granted.
The consumer may decide to implement the guarantee against hidden defects of the item sold under Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price under Article 1644 of the Civil Code. |
Products that have been modified, repaired, integrated or added by the Customer are excluded from the guarantee or do not benefit from it. The guarantee shall not apply to visible defects.
The Customer may also invoke the warranty against hidden defects within two (2) years from discovering the defect (Article 1648 of the Civil Code). The Customer must prove that (i) the defect existed at the time of purchase, (ii) that it was hidden and (iii) that it renders the Product unfit for the use for which it was intended.
Requests for refunds of apparently defective or non-conforming Products shall be made by e-mail bonjour@KLASSROOM.fr.
In the event of a printing defect or delivery problem, the Customer shall send a complaint to KLASSROOM by e-mail (bonjour@KLASSROOM.fr)) accompanied by (i) photographs justifying the defect, (ii) the order number and (iii) the Customer's contact details. If the defect is proven, KLASSROOM shall be responsible for reprinting and reshipping the Product(s) concerned at its own expense.
Duration - Termination
The contract is valid for an indefinite period. It may be terminated by KLASSROOM or by the Customer, particularly in the event of a breach of the T&Cs by the Customer or the unavailability of the Product.
It is expressly understood between the Parties that the cancellation of the Account will result in the immediate termination of this contract.
All Orders, Deliveries and returns in progress at the time of termination shall, however, be executed by KLASSROOM and the Customers.
Price and Payment
Price
KLASSROOM shall be free to determine the Price for the Product. The Price is firm and final.
The Product includes 24 pages. Each additional page shall be charged following the price displayed on the Application.
The prices displayed on the Application are in Euros and include all taxes. The Price does not include the delivery charge.
Before the final validation of the Order, KLASSROOM shall inform the Customer of the total price of the Product and the Delivery and shall clearly mention the related taxes.
Terms of payment
When finalising the Order, the Customer shall pay the Price and the Delivery charges, if applicable, on the Application's dedicated page, using the payment method provided on the Application. The Customer shall enter his/her bank details, accept these T&Cs and click on "Pay".
When the Customer is a teacher, he/she ensures that the price is paid by the school cooperative as soon as possible by:
Bank transfer ;
cheque sent to KLASSROOM: KLASSROOM, 10 rue de Penthièvre, 75008, Paris.
Responsibilities
Liability for the operation and use of the Application
KLASSROOM informs that the Application's content may contain errors or omissions and that it may be modified or updated. Customers who notice a broken link, an omission or an error are invited to report it by sending an e-mail to bonjour@KLASSROOM.fr.
KLASSROOM cannot guarantee the completeness of the Application's content or the absence of modification by a third party (intrusion, virus).
KLASSROOM does not guarantee the availability or performance of the Application.
KLASSROOM shall not be held liable for the non-functioning, impossibility of access or malfunctioning of the Application due to unsuitable equipment, malfunctioning of the services of the Customer's access provider or the Internet network.
KLASSROOM shall not be held liable for the consequences of misuse of the Application by Customers or any violation of these T&Cs. In such a case, KLASSROOM reserves the right to take any action to preserve its rights or to obtain compensation.
KLASSROOM reserves the right to interrupt access to all or part of the Application, to all or part of the Customers, temporarily for maintenance reasons aimed at ensuring the proper functioning of the Application, without prior notice and this interruption giving rise to any right of compensation for the Customers.
Customers declare that they accept the Internet's features and limitations, and in particular, acknowledge that data circulating on the Internet is not protected against possible misuse.
Limitation of KLASSROOM's liability for the Products
Colours: the reproduction of colours is not contractual. The guarantees of article 9 cannot cover it as the colours appearing on the screen of the tool where the Customer views his/her files may have a different appearance depending on the configuration of each tool, the quality of the image and the printing device.
KLASSROOM shall do its best to ensure that the product photos on the Application are as accurate as possible. Nevertheless, the Products may not be fully perceived as the Products delivered.
Defects in the original file or document: KLASSROOM is not obliged to check the content of the original file or document, so if the original file or document has defects (mistakes, errors, wrong definition....), KLASSROOM cannot be held liable if these defects are found in the Products.
KLASSROOM cannot be held responsible for any unforeseeable and/or indirect damage suffered by the Customer, such as but not limited to, loss of profit, loss of opportunity, loss of income, loss of data, any financial or commercial loss, any commercial disturbance or any intangible loss such as damage to image or reputation.
Intellectual Property
The Application, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds or any other data contained in the Application, remain the exclusive property of KLASSROOM or, where applicable, of their respective owners with whom KLASSROOM has entered into a usage agreement. They may not be reproduced, used or represented in any way without the express written authorisation of KLASSROOM, under penalty of legal action.
KLASSROOM grants the Customer a non-exclusive and non-transferable right to use the Application and the original intellectual works and data contained therein. The right thus granted consists of (i) a right to consult online the original intellectual works and data contained in the Application and (ii) a right of reproduction consisting of a printout and/or a backup of the original intellectual works and data consulted. This right of use is for strictly private use only. KLASSROOM expressly reserves all other rights.
Any other use of the Application, particularly commercial use, by the Customer is forbidden without the express written consent of KLASSROOM.
The Customer shall not, in particular, for any use other than private use, reproduce and/or represent, download, sell, distribute, issue, translate, adapt, exploit, disseminate and communicate in whole or in part in any form whatsoever, whether or not for commercial purposes, any original work of the mind or data contained in the Application.
The Customer shall also refrain from introducing data into the Application that would modify or be likely to alter the content or appearance of the data, the presentation or the organisation of the Application or the works appearing on the Application, by any means whatsoever.
The "KLASSROOM" brand is a registered trademark. Any use, representation and/or reproduction and/or exploitation of the "KLASSROOM" trademark, in whole or in part, of any kind whatsoever, is prohibited without prior written authorisation from its owner.
Under the GT&C, the Customer expressly grants KLASSROOM the right to reproduce, represent, adapt, distribute and, if necessary, modify the Photographs for technical reasons, solely for publishing and printing the Product.
This assignment is granted for the duration of the intellectual property rights as long as the Photographs may be reproduced in the Product, which the Customer expressly authorises. It is, however, specified that the Photographs are deleted when the Class is deleted. The service provider in charge of printing will only keep the Photographs for the duration of the service.
This transfer is free of charge and is granted for France.
Personal Data
Personal data processing
The Customer is hereby informed that the Product Order gives rise, for KLASSROOM, to the collection and automated processing of personal data concerning the Customer, the use of which is subject to the provisions of Law n°78-17 of 6 January 1978, known as the "Data Protection Act", and of European Regulation n°2016/679 of 27 April 2016, known as the "GDPR".
Legal basis of the processing
The legal basis for the processing is the execution of these T&Cs and the Customers' consent.
Data controller
The personal data collected is processed by KLASSROOM, as the data controller.
Purposes of the processing
Personal data is collected for Product completion, payment and delivery.
Personal data collected
KLASSROOM collects various types of personal data from the Customer through the Application:
Surname, Name ;
Address;
E-mail;
Transaction date ;
Photographs.
Shelf life
Personal data shall be kept for as long as necessary for the purposes for which they are collected and processed. At the end of the retention periods, KLASSROOM shall proceed to the definitive deletion of the data still in its possession.
Once the Class is deleted, the photographs will be deleted.
Data Recipient
The personal data processed is intended for KLASSROOM and its possible service providers, particularly the host of the Application or the service providers in charge of the products' production, packaging, and delivery to provide the Services.
Hosting personal data
KLASSROOM stores personal data within the European Union.
Customer's rights
Under the French Data Protection Act and the GDPR, the Customer has the right to access, limit, rectify, portability, oppose and delete personal data concerning him. Finally, the Customer has the right to define directives defining how he/she intends these rights to be exercised after his/her death
The Customer may withdraw his consent at any time.
The Customer may exercise these rights by sending a letter to KLASSROOM (255 Bd Pereire, Paris (75017)) or an e-mail to bonjour@KLASSROOM.fr attaching a copy of both sides of his identity card or any other means of proving his identity.
The Customer has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (www.cnil.fr) – (National Commission for Information Technology and Civil Liberties)
Cookies
Cookies refer to a small information file that the Application may send to the Customer's terminal, enabling KLASSROOM to identify the Customer and recognise him/her during its validity period.
Cookies are considered personal data.
If the Customer accepts the use of Cookies on the Application, they shall be kept for a maximum of six (6) months under the applicable regulations.
The policy relating to Cookies is detailed in the GC KLASSROOM.fr/conditions-of-use-and-sale.
Hyperlinks
The Application may contain hypertext links to other websites on the Internet. The Customer acknowledges that links to these other resources may cause him/her to exit the Application. KLASSROOM shall not be held responsible for the content of these websites.
Any hypertext link to the Application is strictly prohibited without the express authorisation of KLASSROOM. KLASSROOM is not responsible for hypertext links pointing to this Application.
Complaints
Suppose the Customer wishes to make a complaint concerning the Products, the Delivery and/or the return. In that case, the Customer is invited to contact KLASSROOM by e-mail at the following address: bonjour@KLASSROOM.fr.
In the event of a dispute and the absence of an amicable agreement with KLASSROOM, the Customer is informed of the possibility of resorting to a mediator under the conditions of the article "Applicable Law and Dispute".
General Stipulations
If one of the terms of the T&Cs is considered illegal or unenforceable by a court decision, the other stipulations shall remain valid.
The Parties shall consider KLASSROOM's computerised registers as proof of communications, orders, payments and transactions between the Parties.
Applicable law and disputes
The T&Cs are drafted in the French language and are subject to French law.
In the event of a dispute relating to the interpretation or performance of these terms and conditions, the Parties shall, before any legal action is taken, seek an amicable agreement and shall provide each other with all the necessary information for this purpose.
The Customer, as a consumer, may have access to the mediation service for consumer disputes related to a service provided on the Application. Under the rules applicable to mediation, any consumer dispute must be submitted in advance in writing to the Customer Service: bonjour@KLASSROOM.fr.
The ombudsman for KLASSROOM is :
SAS CNPM - MEDIATION - CONSUMER AFFAIRS.
In the event of a dispute, the Customer as a consumer may file a complaint:
on the Website: http://cnpm-mediation-consommation.eu
or by post by writing to: CNPM - MÉDIATION - CONSOMMATION 27, avenue de la Libération - 42400 SAINT-CHAMOND
The Customer has the possibility of submitting any complaints on the dispute resolution platform set up by the European Commission at the following address
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
The European Commission will transfer the Customer's complaint to the competent national mediators.
Any dispute relating to the interpretation, performance or breach of contract shall be submitted to the competent courts.
