Terms and Conditions of Sale.
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
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").
T&Cs prevail over any other general or special conditions.
Agreement and Modification
Order the Customer places with KLASSROOM shall constitute the
complete acceptance of these T&Cs.
reserves the right to modify or adapt all or part of these General
Terms and Conditions of Sale at any time.
date of the update appears above these T&Cs.
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.
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 and/or the Web Application.
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 published and provided by KLASSROOM available at
klass.ly, via the Website, and on which the Services are offered.
Refers to any User customer (Parent or Teacher) who orders on the
Refers to the Customer's order of Products on the Application.
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.
Refers to the General Conditions of KLASSROOM, accessible at
Refers to the present General Terms and Conditions of Sale.
Refers to the delivery of the Products ordered to the postal address
provided by the Customer when placing the Order.
Refers to the law n°78-17 of 6 January 1978 relating to Information
Technology, Files and Freedoms as amended.
individually or collectively to the party or parties to these T&Cs.
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.
Refers to photographs of the Class taken by the Teacher during the
school year or photographs imported by the Customer from their own
Refers to the price of the Products paid by the Customer to
Refers to the illustrated book created by the User on the
Application, printed on demand and sold by KLASSROOM.
to the teacher of one or more Classes that created an Account.
Refers to the European Data Protection Regulation No. 2016/679 of 27
Refers to the provision of Products via the Application.
refers to the Internet site published by KLASSROOM available at the
rights and obligations
offers the Services defined herein.
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.
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 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.
Product is comprised of 24 pages. The Customer may add additional
pages in return for an additional fee.
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
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, the Customer must log in to their account on
the web or mobile Application and then:
Customer can customise the Product as he/she wishes; depending on the
simplified or advanced editing tool that they are using, they can:
the Product's layout by choosing a format for displaying the
Photographs per page (for example, size or positioning);
Photographs to the Product from a selected Class or their own
or modify Photographs displayed in the Product;
the location of two photographs;
delete text ;
in or out on the Product;
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.
Customer can view the Product thus created at their convenience on
Customer acknowledges that the editing and modifications of the
Product are saved on his/her Account.
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 :
format of the Klassbook ;
price at which the Product is offered to Parents;
desired delivery date;
Teacher then validates the Incentive's publication in the Class to
collect pre-orders from Parents interested in the Product.
Customer declares that he/she has the contractual capacity to enter
into a contract and is of legal age.
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.
Customer's purchase order via the Application
Customer has the option of ordering the Product:
Customer shall then enter the Product format and quantity and
complete the fields required for payment and delivery of the Product.
Customer undertakes to check the file and its contents before
proceeding with the Order to ensure that the Product corresponds to
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.
the Customer is a Teacher, it is the Customer's responsibility to:
geographical area of Product delivery is as follows: World.
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.
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.
Products are shipped to the address indicated by the Customer during
the ordering process.
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].
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).
times depend particularly on the days required to manufacture the
Product, the carrier's delivery time and the place of delivery.
shall inform the Customer of the Delivery times.
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.
responsibility for checking packages upon receipt
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.
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.
under article L.221-28 of the Consumer Code, the Customer is informed
that the right of withdrawal cannot be exercised for contracts:
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.
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.
guarantee of conformity and guarantee against hidden defects
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.
the Customer, as a consumer, is acting under a legal guarantee of
legal guarantee of conformity shall apply independently of any
commercial guarantee which may be granted.
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
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.
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.
for refunds of apparently defective or non-conforming Products shall
be made by e-mail bonjour@KLASSROOM.fr.
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.
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.
is expressly understood between the Parties that the cancellation of
the Account will result in the immediate termination of this
Orders, Deliveries and returns in progress at the time of termination
shall, however, be executed by KLASSROOM and the Customers.
shall be free to determine the Price for the Product. The Price is
firm and final.
Product includes 24 pages. Each additional page shall be charged
following the price displayed on the Application.
prices displayed on the Application are in Euros and include all
taxes. The Price does not include the delivery charge.
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.
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
the Customer is a teacher, he/she ensures that the price is paid by
the school cooperative as soon as possible by:
for the operation and use of the Application
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.
cannot guarantee the completeness of the Application's content or the
absence of modification by a third party (intrusion, virus).
does not guarantee the availability or performance of the
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.
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.
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.
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.
of KLASSROOM's liability for the Products
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.
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.
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
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.
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
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.
other use of the Application, particularly commercial use, by the
Customer is forbidden without the express written consent of
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.
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
"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
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
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.
transfer is free of charge and is granted for France.
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".
basis of the processing
legal basis for the processing is the execution of these T&Cs and
the Customers' consent.
personal data collected is processed by KLASSROOM, as the data
of the processing
data is collected for Product completion, payment and delivery.
collects various types of personal data from the Customer through the
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.
the Class is deleted, the photographs will be deleted.
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.
stores personal data within the European Union.
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
Customer may withdraw his consent at any time.
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.
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
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.
are considered personal data.
shall be kept for a maximum of six (6) months under the applicable
policy relating to Cookies is detailed in the GC
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.
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.
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:
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".
one of the terms of the T&Cs is considered illegal or
unenforceable by a court decision, the other stipulations shall
Parties shall consider KLASSROOM's computerised registers as proof
of communications, orders, payments and transactions between the
law and disputes
T&Cs are drafted in the French language and are subject to French
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.
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:
ombudsman for KLASSROOM is :
CNPM - MEDIATION - CONSUMER AFFAIRS.
the event of a dispute, the Customer as a consumer may file a
the Website: http://cnpm-mediation-consommation.eu
by post by writing to: CNPM - MÉDIATION - CONSOMMATION 27, avenue
de la Libération - 42400 SAINT-CHAMOND
Customer has the possibility of submitting any complaints on the
dispute resolution platform set up by the European Commission at the
European Commission will transfer the Customer's complaint to the
competent national mediators.
dispute relating to the interpretation, performance or breach of
contract shall be submitted to the competent courts.