Terms and Conditions of Sale
Welcome to Schoolbag (www.schoolbag.ch) (the "Site"), a private sales website managed by OLF SA, Route André Piller 39, 1720 Corminboeuf ("schoolbag.ch").
1. ACCEPTATION OF TERMS OF USE
1.1 By visiting and using our Site, whether or not you become a registered user ("User", "you"), you acknowledge that you are bound by these Terms of Use, which you state you have read and understood. The use of the Site is authorized for private use only. Any commercial use, in particular for the purpose of reselling the products purchased on the Site to third parties, is prohibited.
1.2 We reserve the right, at our entire discretion, to modify these Terms of Use at any time. It is your responsibility to consult them regularly at http://www.schoolbag.ch/en/tcs to keep yourself informed of any changes. Registered Users have the opportunity to be informed of any changes to the Terms of Use by email.
1.3 By using the Site, you acknowledge that the simple fact of publishing revised terms of use on the Site is sufficient to make any modification or revision opposable to you. The fact of continuing to use the Site after a change means that you accept these changes.
1.4 At the first connection to the schoolbag.ch website, as well as at each order, the Customer must confirm to have read and accepted the General Conditions. The latter thus apply to the use of the schoolbag.ch website and to any order placed by the Customer (hereinafter: the "Order").
2. YOUR REGISTRATION OBLIGATIONS
2.1 Some areas of the Site require registration ("Reserved Areas"). By registering, you certify and warrant that you are authorized to open an account, in accordance with the terms of use and that the information you provide during registration is correct and not misleading. An account may only be opened and used by a physical person of full age under the law of his or her country of residence and at least eighteen (18) in age.
2.2 As part of your use of these Reserved Areas, you agree to provide accurate, precise, current and complete information about yourself as requested by the registration form ("Registration Data"), and to maintain and promptly update the Registration Data to ensure that it remains accurate, precise, current and complete. If you provide information that is inaccurate, imprecise, not current or incomplete, or if schoolbag.ch has reasonable grounds to suspect that you have provided it, or if it has reason to believe that you have otherwise failed to comply with any provision of these Terms of Use, schoolbag.ch has the right to suspend or terminate your account and refuse any current or future use of the Site (or any part of it) without having to justify its decision.
3. ACCOUNT, PASSWORD AND SECURITY
3.1 A password will be assigned to you when creating your account and you will be able to change it at any time thereafter. You are therefore responsible for the quality and confidentiality of the password you choose, as well as for any activity generated by your password and account.
3.2 You agree to immediately notify schoolbag.ch of any fraudulent use of your password or account and any other breach of security, and to ensure that you log out of your account at the end of each session. schoolbag.ch shall not be liable for any loss or damage resulting from your failure to comply with the terms and conditions of use.
4. CONTENT
4.1 The content of the Site is provided to you as it stands and may not be used, reproduced, distributed, transmitted, broadcast, represented, sold, assigned or exploited in any other way for any purpose other than its consultation and use on the Site. For this sole and exclusive purpose, schoolbag.ch authorizes you in a limited, revocable and non-exclusive manner to access the Site and use it for non-commercial purposes, in accordance with these terms of use. If you wish to reproduce or copy part of the content of the Site for any other purpose, please contact us using the form available at https://www.schoolbag.ch/en/contact .
4.2 The User commits himself not to violate any legal norm or to use the Site for an illicit purpose; not to include any false, incomplete or inaccurate information; not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, produce a harmful effect, intercept or counter any system, data or personal information.
4.3 In the "Own content" section, the User undertakes to publish content of which he is the author, and this for the entire document. In addition, the User undertakes not to publish content that violates current Swiss law. In particular, it does not communicate content that is offensive to personality, competition and honour, racist, inciting violence and hatred, pornographic and obscene; in addition, the user ensures that the copyright of third parties is respected. schoolbag.ch reserves the right to block, delete or not to post any content deemed non-compliant without delay and without notice. If necessary, schoolbag.ch is entitled to block the user from submitting content.
4.4 schoolbag.ch declines any responsibility in the case of failure to comply with the previous article and reserves the right to disclose any necessary information to the complainant in the event of disputes.
5. PRODUCTS AND CUSTOMER ORDERS
5.1 On the basis of this non-contractual information, the Customer may place an order for the displayed product(s), exclusively following the procedure provided by the Website and in compliance with the order procedures provided on the Website. Any order, once finalized according to the Order process available on the Website, constitutes an offer by the Customer to purchase the product displayed on the Website, under the conditions indicated on the Website.
5.2 The Customer must provide an email address to which all communications from schoolbag.ch related to the Order will be sent. It is the Client's responsibility to maintain this address in force and to read the emails sent by schoolbag.ch. Any communication sent by schoolbag.ch to the email address indicated by the Client will be considered as received by the Client the day after the sending. The risks of transmission and routing are assumed by the Customer.
5.3 The products sold are described on the Site at the time of sale. The characteristics of the products as well as the images are established in agreement with the supplier and are given only as an indication. schoolbag.ch does not guarantee the conformity of the product to its description or illustration.
5.4 The products are available on the Site during the sale duration. If the supplier cannot deliver the product, schoolbag.ch may at any time cancel the order and refund the User the amount that has already been paid.
5.5 The purchase of a product gives a right to the personal use of the purchased product. This use is non-transferable. Any violation of the non-transferable nature of the right of access (transmission of access identifiers to a third party or any other unfair use) will not be tolerated.
6. PRICE
The prices displayed in the catalogues are regularly updated, however, only the invoicing price is valid.
The prices indicated are valid only in the territories of Switzerland; they are expressed in Swiss francs and include all taxes (VAT).
schoolbag.ch reserves the right to change its prices at any time.
7. CONCLUSION OF THE SALE AND PAYMENT
7.1 During the creation of each login for the private part of the Site, the school administrator may or may not grant users purchasing rights. The following guidelines in this chapter apply to teachers with these purchasing rights.
7.2 The images in our online product catalogue are not contractual. By clicking on "Confirm my order" you give your consent to the order of the items selected in your basket. The sales contract is validly concluded upon receipt of the order confirmation email and is subject to product availability.
7.3 The price of purchases made on the Site is due at the time of ordering, without discount. Payment is made by invoice according to the predefined agreement with the school.
7.4 We save your invoice and send you the details of your order by email. At any time you can consult the summary of your orders from the "My Orders" section, under "Catalogue Management".
7.5 The Client ensures that all information transmitted is in accordance with reality and is therefore liable to schoolbag.ch for any damage caused by incorrect information.
7.6 The Order placed by the Customer in accordance with Article 5 above constitutes a firm and definitive offer to purchase the product indicated as available on the Website.
8. DELIVERY
8.1 The activation codes (licenses) of the ordered products are delivered either to the email address of the User who places the order, or directly to the email inbox of the students defined during the ordering process. These codes are also available on the site under "My Orders".
8.2 schoolbag.ch is not responsible for any delays or problems during delivery.
9. ACCESS TO CONTENT
9.1 In order to read the content ordered on schoolbag.ch, the User agrees to use the Schooltas learning environment, and consequently to accept their terms of use and privacy policy upon registration.
9.2 To access the functionalities of schoolbag.ch including the Schooltas learning environment, the Client must have an Internet connection and a minimum configuration of his operating system allowing them to work properly.
9.3 Schoolbag.ch cannot be held responsible for any problems that may occur in the Schooltas learning environment.
10. LINK
10.1 In the case that you wish to establish a link to the Site, you expressly undertake to: (i) not display the Site on another Site; (ii) not create an association between the Site and a third party; (iii) correctly assign to schoolbag.ch the Site to which the link refers to; and (iv) ensure that the link does not imply, implicitly or explicitly, that schoolbag.ch approves, supports or assumes the activity of any other Website, company or entity and that schoolbag.ch and/or its activities are not presented in a false, misleading, defamatory or offensive manner or in any other way likely to damage schoolbag.ch's reputation or take advantage of it.
10.2 The link to the Site does not allow you to use any content, name, logo, image or trademark of schoolbag.ch or third parties without the prior, specific and written permission of the rights holders.
10.3 schoolbag.ch reserves the right to ask you to remove any link to the Site, without having to justify its reasons.
11. COPYRIGHT AND TRADEMARK
The name and logo schoolbag.ch, as well as the Site are protected by copyright and trademark law.
12. SERVICE CHANGES
schoolbag.ch reserves the right, at any time, to modify or temporarily or permanently discontinue the Site (or any part thereof), with or without notice. You agree that schoolbag.ch shall not be liable to you or any third party for any modification, suspension or termination of the Site or the service. Any part of the content may be outdated at any time and schoolbag.ch is under no obligation to update this content.
13. CANCELLATION
13.1 schoolbag.ch may, at its own discretion and without liability to you, without giving any reason, with or without notice, at any time remove your access to all or part of the Site, and disable or delete any of your accounts, as well as all information and advertisements related to such accounts and your content.
13.2 You agree that schoolbag.ch may, at its own discretion, cancel your password, account (or any part thereof) or your use of the Site. In addition, schoolbag.ch may also remove and delete any product from the Site for any reason whatsoever, including, without limitation, for lack of use or if it believes that you have violated any provision of the Terms of Use. schoolbag.ch may also, at its sole discretion and at any time, cease providing the Site or any part thereof, with or without notice. You agree that any deletion of your access to the Site under any provision of these Terms of Use may be made without notice and acknowledge and agree that schoolbag.ch may immediately deactivate or clear your account and all related information and/or prohibit further access to these files or the Site. In addition, you agree that schoolbag.ch will not be liable in any way to you or any third party for any cancellation of your access to the Site.
13.3 schoolbag.ch is not responsible for any possible interruptions in the availability of the website or loss of data.
14. EXEMPTION CLAUSE
14.1 Your access to and use of the Site is at your own risk. The Site and its content are provided as they stand and as available. schoolbag.ch expressly disclaims, and you waive, all warranties of any kind, whether expressed or implied, including any implied warranty of ability to respond to a particular purpose, quality or availability of the products.
14.2 schoolbag.ch makes no warranty that (i) the Site and its content will meet your needs, (ii) the Site will be uninterrupted, timely, secure or error-free, (iii) the results that can be obtained from the use of the Site will be accurate or reliable, and (iv) any content errors will be corrected.
14.3 Any material downloaded or otherwise obtained through the use of the Site is obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
14.4 Descriptions and other elements published on the Site, or contained in the Site's feeds, are not intended to constitute advice. No information, whether oral or written, obtained by you from schoolbag.ch or through or on the Site will create any warranty or other obligation not expressly stated in the Terms of Use and schoolbag.ch disclaims any liability arising from any reliance placed on these items by any visitor to the Site or by anyone who may be informed of any part of its content.
15. INDEMNISATION
You agree to indemnify and hold schoolbag.ch and its partners and employees harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, without limitation, reasonable attorneys' fees, that may arise with respect to: (i) your use of and access to the Site, including, without limitation, any content, and your connection to the Site; or (ii) your failure to comply with any provision of the Terms of Use.
16. LIABILITY LIMITATION
16.1 schoolbag.ch is only liable for direct damage that the customer proves is caused by gross negligence on the part of the company or an authorised third party. Any liability for slight negligence or simple negligence is excluded.
16.2 In the case of schoolbag.ch's liability, the latter is limited to the price of the product delivered. Any further liability of schoolbag.ch for defects of any kind is excluded. In particular, the Customer has no claim for compensation for damage that does not affect the product itself.
16.3 The choice and purchase of a product is the sole responsibility of the Customer. The total or partial inability to use the products, in particular because of the incompatibility of the devices, may not give rise to any compensation, reimbursement or liability of schoolbag.ch.
16.4 In all cases, any claim for damages shall be limited to the maximum amount corresponding to the price paid by the Customer at the time of his Order.
16.5 You agree that regardless of any law or statute to the contrary, any claim arising out of or related to the use of the Site must be filed within one (1) month after such claim or cause of action arises. After this period, schoolbag.ch will not accept any claims.
16.6 Any complaints regarding activation code deliveries are only taken into account for defective files and must be sent to us via the "Contact" section (https://www.schoolbag.ch/en/contact) within 15 days of receipt.
17. GENERAL INFORMATION
17.1 These Terms of Use (including the specific Terms of Use applicable to certain services) constitute the entire agreement between you and schoolbag.ch with respect to their subject matter; they replace and cancel all prior agreements of any kind between you and schoolbag.ch, whether oral or written, with respect to that subject matter. You may be subject to additional terms of use that may apply when you use the services of related companies, third-party content or third-party software.
17.2 The fact that schoolbag.ch does not exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
17.3 If any provision of the Terms of Use is found to be void, the parties nevertheless agree that their intentions, as reflected in the provision, will be carried out to the fullest extent possible and that the remaining provisions of the Terms of Use will remain in full force and effect. The titles of the articles in the Terms of Use are for convenience of reference only and have no legal or contractual effect.
17.4 You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under these Terms of Use. schoolbag.ch may assign or transfer any right or obligation, or subcontract the performance of any of its obligations under these Terms of Use to any third party at any time without your consent (such consent being given by these provisions).
17.5 The conditions of use and the relationship between you and schoolbag.ch will be governed by Swiss substantive law. Any dispute relating to these terms of use must be settled before the courts at the seat of schoolbag.ch or at your home.
18. VIOLATIONS
Please report any violation of the terms of use to schoolbag.ch using the contact form available at https://www.schoolbag.ch/en/contact.
Privacy Policy
1. PERSONAL DATA
When using the site, personal data may be collected and processed, such as IP address, date and time of access to the site, URL visited, site of origin, browser type and operating system. This data can be used to improve our service and to compile statistics.
When you register or contact us, the personal data you provide will be used to manage your account and process invoices, communicate with you, inform you of a special offer that may be of interest to you, apply our terms and conditions or any other transaction described at the time of collection.
If you receive information of an advertising or other nature, you can unsubscribe at any time, easily and free of charge, by following the instructions in the respective message or by contacting schoolbag.ch Customer Service.
2. COOKIES
In order to make the use of the Site more pleasant, cookies or other indicators are used and may automatically record personal information. They can be done by schoolbag.ch or by other partner companies.
The User has the possibility to disable them through the security settings of the browser. If not disabled, the User consents to the collection and processing of the data collected.
3. TRANSMISSION TO THIRD PARTIES
schoolbag.ch passes on personal data to third parties only to the extent that they are necessary for the proper performance of the service and support.
4. TRANSMISSION ABROAD
Your personal data is processed in Switzerland but may also be stored and used in other countries (it being specified that some of these locations may include countries that do not necessarily guarantee the same level of protection of personal data as the country from which you provided the data). By submitting this data to us, you specifically accept this transfer and the consequences that result from it.
5. THIRD PARTY SERVICES
The Site uses Google Analytics, a website analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your computer, to help us analyze how users use the Site. The data generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers that may be located abroad, including in a country that offers a lower level of data protection. Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google's behalf, including but not limited to the publisher of the website. Google will not associate your IP address with any other data held by Google. You can disable the use of cookies by selecting the appropriate settings on your browser. You can also completely disable the use of Google Analytics using the following add-on module: http://tools.google.com/dlpage/gaoptout . By using the website, you consent to the processing of your personal data by Google in the manner and for the purposes set out herein. In addition, you agree to the Google Terms of Use available at http://www.google.fr/intl/fr/policies/terms/regional.html.
6. CHANGES TO THIS PRIVACY POLICY
This privacy policy may be modified from time to time. If we change the privacy policy of the Site in any way, we will provide an updated version on this page http://www.schoolbag.ch/en/tcs. Your continued use of the Site after such changes means that you accept those changes.
Registered Users may also be informed by email.
7. SAFEGUARD CLAUSE
If any provision of these Terms of Use is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected. In the event of the invalidity or lapse of a provision, it shall be replaced by a provision that comes as close as possible to the meaning and economic objective of the invalid or void provision.
8. CONTACT INFORMATION OF THE COMPANY
Schoolbag
c/o OLF SA
Z.I. 3, Corminboeuf
Case postale
CH - 1701 Fribourg
info@schoolbag.ch
9. PLACE OF JURISDICTION AND APPLICABLE LAW
This Privacy Policy and any matters arising out of or related to it shall be governed by Swiss law.
Any dispute related to this privacy policy must be brought exclusively before the courts of Fribourg.
10. ORIGINAL TEXT
The general terms and conditions of schoolbag.ch are written in French, German and English. In the event of any inconsistency, the French version shall prevail.
Fribourg, October 2016