General Terms and Conditions of Sale

Article : 1 – Scope

Article : 2 – Orders

Article : 3 – The duration of the offers

Article : 4 – The selling prices including VAT of the services

Article : 5 – The terms of payment

Article : 6 – Deliveries

Article: 7 – Your rights to withdrawal

Article : 8 – After Sales Service

Article: 9 – Seller's liability – Warranty

Article : 10 – Informatique et Libertés

Article : 11 – Intellectual property

Article : 12 – Termination of the contract

Article : 1 – Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Kitoumath to consumers and non-professional or professional buyers, wishing to acquire the services offered for sale on the website: https://mathematiques-fantastiques.fr/.

In particular, they specify:

Selling prices including services.
Payment terms
Our after-sales service management system.
Your rights of withdrawal.
The duration of our offers.

Thus, the services offered for sale on the Kitoumath website are as follows:

Math and/or physical science courses, technology, NST, NSI, English, French by level with exam
preparation Conversation classes in English

Description of services

The main features of the services are presented on the website.

The Customer is required to read it before placing any order.

The choice and purchase of a service is the sole responsibility of the Customer.

The photographs and graphics presented on the website are not contractual and cannot engage the responsibility of Kitoumath.

The Customer is required to refer to the description of each service in order to know the properties and essential particularities.

The Seller's contact information is as follows:

Name of your company: Kitoumath
Name of contact person: ASSAL keltouma
Postal address: littlehay road OX4 3EG Oxford United Kingdom
Email address: contact@kitoumath.com

These General Terms and Conditions of Sale apply to the exclusion of all other conditions.

The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online order procedure of the website.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date of placing the order.

Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of 6 January 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and justifying his identity, to:

Postal address: littlehay road OX4 3EG Oxford United Kingdom

OR

Email address: contact@kitoumath.com
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.

The Customer acknowledges having the capacity required to contract and acquire the Services offered on the website

The modifications of these General Conditions of Sale are enforceable against the users of the website from the moment they are put online and cannot apply to transactions concluded previously.

Article : 2 – Orders

It is up to the Customer to select on the website the services he wishes to order, according to the following methods:

The customer freely chooses the service(s) he wishes to acquire.

The customer validates his order by accepting the General Conditions of Sale and proceeds to payment using the means of payment available on the site.

A confirmation of the assumption of the order and the receipt of the payment is transmitted to the customer.

The contractual information is confirmed at the latest at the time of validation of the order by the Customer.

Article : 3 – The duration of the offers

Subscription is year-round: from September 1st to July 1st. Payment must be made either monthly or every three months.

Service offers are valid as long as they are visible on the site.

The sale will be considered final only after the customer has sent the confirmation of acceptance of the order by Kitoumath, by e-mail, and after receipt by the latter of the full price and / or after receipt by the latter of the entire deposit due.

For orders placed exclusively on the internet, the registration of an order on the Kitoumath website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.

The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (Article 1127-2 of the Civil Code).

This validation implies the acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

It is therefore the Customer's responsibility to verify the accuracy of the order and to immediately report any error.

Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and Kitoumath.

Kitoumath reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the website https://mathematiques-fantastiques.fr/.

Any changes to the order by the Customer can only be taken into account by Kitoumath within the limits of its possibilities and provided that they are notified by email to the Seller 7 days after purchase.

In the event that these modifications cannot be accepted by Kitoumath, the sums paid by the Customer will be returned to him within a maximum period of 7 days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the latter prefers to benefit from a credit note).

If a deposit is paid at the time of the order:

In case of cancellation of the order by the Customer after its acceptance by Kitoumath less than 7 days at least before the date scheduled for the provision of the services ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, the deposit paid to the order, as defined in the article "Terms of payment" of these General Terms and Conditions of Sale will be automatically acquired by the Seller and can not be able to give rise to any refund.

Article : 4 – The selling prices including VAT of the services

The services are provided at the rates in force appearing on the site https://mathematiques-fantastiques.fr/, when the order is registered by Kitoumath.

Prices are expressed in Euros or pounds, HT and TTC.

The rates take into account any reductions that may be granted by Kitoumath on the website https://mathematiques-fantastiques.fr/.

These rates are firm and non-revisable during their period of validity. Kitoumath reserves the right, outside this period of validity, to modify the prices at any time.

Article : 5 – The terms of payment

The price is payable in cash, in full on the day the customer places the order, by secure payment, according to the following terms:

1- By PayPal: Visa, MasterCard, American Express, other credit
cards 2- By Stripe: Visa, MasterCard, American Express, other credit
cards 3- By bank transfer

Payment data is exchanged in encrypted mode using the "SSL" protocol

If the payment is debited only at the execution of the service:

In case of payment by credit card, the debit of the card is made only at the time of execution of the order.

Kitoumath will not be required to deliver the services ordered by the Customer if the customer does not pay the price in full under the conditions indicated above.

Payments made by the Customer will only be considered final after actual collection of the sums due to Kitoumath.

In addition, Kitoumath reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer.

No additional costs, higher than the costs incurred by Kitoumath for the use of a means of payment may be charged to the Customer.

Article : 6 – Deliveries

The services ordered by the Customer will be available within a period of execution indicated on the Services sheet to which is added the processing time of the order.

Kitoumath undertakes to make its best efforts to deliver the services ordered by the Customer within the deadlines specified above.

However, these delivery times are given as an indication.

If the services ordered have not been delivered within 30 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer.

The sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.

The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

The Customer is obliged to verify the conformity of the services delivered.

He has a period of 7 days from delivery to formulate by e-mail, any reservations or claims for non-conformity or apparent defect of the services delivered with all the supporting documents relating thereto.

After this period and failing to comply with these formalities, the services will be deemed compliant and free from any apparent defect and no claim can be validly accepted by Kitoumath.

Kitoumath will reimburse or replace as soon as possible and at its expense, the services delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale.

Article: 7 – Your rights to withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the service to exercise his right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund.

Cancellation at least 24 hours in advance otherwise the time is due.

You must ensure that you have a reliable connection on the internet to ensure an interactive course using Zoom or Skype software. Any technical difficulties (sound, internet…) coming from the user can not be supported and can not be justified the cancellation or refund of the course.

Refund possible only if the course can not be completed and canceled before 24h.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased service(s) are refunded.

Article : 8 – After Sales Service

We're listening.

Each customer has a different need depending on the service purchased.

As a result, each problem is treated separately taking into account customer feedback.

If necessary, the customer contacts the after-sales service to report a problem with a service or request information about its use.

Finally, we will endeavor to provide you with quality information.

Here is our after-sales service policy:

Satisfied or refunded: For all orders placed on our site, Kitoumath guarantees you a refund if you make the request within less than 30 days after the date of the order.

For any request please use the contacts below:

Name of the service manager: ASSAL
E-mail address: contact@kitoumath.com

For any after-sales service request, please send us the information below:

Your First and Last Name.
Your phone number.
Your email address.
Your order number and invoice number.
The service reference.
The date of receipt of your order.
Please describe precisely the nature of the defect found.

Article: 9 – Seller's liability – Warranty

The Services sold on the Kitoumath website comply with the regulations in force in France and have performance compatible with professional uses.

The Services provided by Kitoumath benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:

The legal guarantee of conformity, for Services apparently defective, or not corresponding to the order,

The legal guarantee against hidden defects resulting from a defect in material, design affecting the services delivered and making them unfit for use,
Under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that as part of the legal guarantee of compliance, the Customer:

1. Has a period of two years from the delivery of the good to act against the Seller;
2. May choose between repairing or replacing the service ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
3. Is exempt from providing proof of the existence of the lack of conformity of the service during the six months following the delivery of the Services. This period is extended to 24 months from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of the commercial guarantee that may cover the service.

The Customer may decide to implement the warranty against hidden defects of the service in accordance with

Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform Kitoumath, in writing, of the non-conformity of the services within a maximum period of 7 days from the delivery of the services or the existence of hidden defects.

Kitoumath will refund or replace warranty services deemed non-compliant or defective.

Refunds of services deemed non-compliant or defective will be made as soon as possible and at the latest within 7 days of Kitoumath's finding of the lack of conformity or hidden defect.

The refund will be made by credit to the Customer's bank account or by bank transfer.

The seller's liability could not be committed in the following cases:

Non-compliance with the legislation of the country in which the services are delivered, which it is up to the Customer to verify,
In case of misuse, negligence on the part of the Customer.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective services.

Article : 10 – Informatique et Libertés

In application of the law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to the information concerning him.

This right may be exercised under the conditions and according to the modalities defined on the website https://mathematiques-fantastiques.fr/].

Article : 11 – Intellectual property

The content of the website is the property of Kitoumath and its partners and is protected by French and international laws relating to intellectual property.

Any full or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.

In addition, Kitoumath remains the owner of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the Customer's request) for the provision of the Services to the Customer.

The Customer is therefore prohibited from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of Kitoumath which may condition it to a financial consideration.

Article : 12 – Termination of the contract

12-1- Resolution for unforeseeability.

The resolution for the impossibility of the performance of an obligation that has become excessively onerous may not, notwithstanding the Clause Resolution for breach of a party's obligations set out below, take place until 10 days after the sending of a formal notice declaring the intention to apply this clause notified by registered letter with request for acknowledgment of receipt or any extrajudicial act.

12-2 – Resolution for non-performance of a sufficiently serious obligation.

The Party victim of the failure may, notwithstanding the clause Resolution for breach of a party's obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with request for acknowledgment of receipt to the Defaulting Party, the faulty resolution hereof, 10 days after the sending of a formal notice to perform remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.

12-3 – Resolution for force majeure.

It is expressly agreed that the parties can resolve this contract as of right, without summons or formality.

12-4 – Resolution for breach of a party's obligations.

Attention: The termination clause must specify the commitments whose non-performance will result in the termination of the contract, which should be listed in the termination clause itself (Article 1225 of the Civil Code).

It can only be implemented after a formal notice, expressly mentioning the termination clause, and remained unsuccessful, it being specified that the parties can agree in their contract, that the formal notice would result from the sole fact of non-performance (Article 1344 of the Civil Code).

In the event of non-compliance by either party with the following obligations:

"For example, non-payment on the due date of the services ordered by the Customer"

Referred to in the articles of this contract, it may be terminated at the discretion of the injured party.

It is expressly understood that this resolution for breach of a party's obligations will take place automatically, the formal notice resulting from the sole fact of the non-performance of the obligation, without warning or execution of formalities.

12-5 – Provisions common to resolution cases.

It is expressly agreed between the Parties that the debtor of an obligation to pay under this Convention, will be validly put on notice by the sole exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

The services exchanged between the Parties from the conclusion of the contract and until its termination can only find their usefulness by the complete execution of it, they will give rise to full restitution.