General terms and conditions

 _{ARTICLE 1. | DEFINITIONS}

_{In these general terms and conditions, the following terms indicated with a capital letter have the meanings given below:}

_{Op Kindermaat: the user of these general terms and conditions, located at Kalkoven 14, 1730 Asse (Belgium).}

_{Other Party: any natural or legal person who has entered into or intends to enter into an Agreement with Op Kindermaat.}

_{Consumer: an Other Party, a natural person, not acting in the exercise of a profession or business.}

_{Parties: Op Kindermaat and the Other Party collectively.}

_{Agreement: any agreement between the Parties whereby Op Kindermaat commits to providing access to the Jungle buddies Program and/or delivering Products to the Other Party.}

_{Jungle buddies Program: the theoretically supported annual program, consisting of online training modules, other digital content, and Products, made available to the Other Party for a limited duration based on the Agreement.}

_{Products: the physical items supplied by Op Kindermaat under the Agreement to the Other Party, including, but not limited to, picture books, and other educational and play materials. Products may be part of the Jungle buddies Program or delivered for other purposes.}

_{Website: www.junglebuddies.eu.}

_{Platform: the section of the Website accessible to teachers working at the Other Party’s school, using the provided login credentials, where the online training modules and other digital content belonging to the Jungle buddies Program are available.}

_{DCW Consultancy: the exclusive licensee of Op Kindermaat for the sale and distribution of the Products outside of Belgium. DCW Consultancy acts as an intermediary and is responsible for production, invoicing, and collection for all international sales, located at Partida Maitino 2072, 03295 Elche (Spain).}

_{Written: communication by letter, email, or any other form of communication that, given the current state of technology and in social interactions, can be considered equivalent to written communication.}

_{ARTICLE 2. | GENERAL PROVISIONS}

_{These general terms and conditions apply to every offer from Op Kindermaat to enter into an Agreement and to every Agreement as such.}

_{In the event of any inconsistency between these general terms and conditions and any specific Written agreement between the Parties, the specific Written agreement will prevail.}

_{If one or more provisions of these general terms and conditions or the Agreement are invalid under any circumstances, the remaining provisions will continue to apply, and the Parties will be obliged to agree on a replacement arrangement that closely aligns with the invalid provision.}

_{ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT}

_{Any offer from Op Kindermaat to enter into an Agreement is non-binding. Op Kindermaat may revoke its offer after acceptance by the Other Party, promptly or as soon as possible. In such a case, if payment has already been made by the Other Party, Op Kindermaat will proceed with a refund.}

_{If an offer from Op Kindermaat contains an obvious mistake or clerical error, the offer is void, unless Op Kindermaat decides otherwise.}

_{Any Agreement is concluded when the Other Party accepts the offer from Op Kindermaat in accordance with the procedures set out on the Website or as communicated directly by Op Kindermaat.}

_{ARTICLE 4. | RIGHT OF WITHDRAWAL FOR CONSUMERS}

_{The provisions in this article apply only to Agreements between Op Kindermaat and Consumers. Agreements related to the Jungle buddies Annual Program are not concluded with Consumers; Agreements concerning the Jungle buddies Annual Program are binding upon conclusion and cannot be revoked by the Other Party.}

_{The Consumer may revoke the Agreement within 14 days after the day on which the Products were received by or on behalf of the Consumer, without stating any reason.}

_{The Consumer may revoke the Agreement by submitting a request to Op Kindermaat by email or by using the withdrawal form provided by Op Kindermaat. As soon as Op Kindermaat is informed of the Consumer's intention to revoke the Agreement and provided the conditions of this article are met, Op Kindermaat will confirm the withdrawal of the Agreement by email.}

_{The Consumer must handle the Products and their packaging with care during the 14-day cooling-off period. The Consumer may only handle and inspect the Products to the extent necessary to assess their nature and characteristics, as they would be allowed to do in a physical store.}

_{The Consumer must return the Products undamaged, with all accessories provided, and in their original condition and packaging.}

_{The Consumer is liable for any reduction in the value of the Products resulting from handling them beyond what is permitted under paragraph 4. Op Kindermaat is entitled to charge the Consumer for this reduction in value, either by offsetting it against any payment already received from the Consumer.}

_{Return of the Products must occur within 14 days of the Consumer revoking the Agreement as per paragraph 3.}

_{The costs of returning the Products are borne by the Consumer.}

_{Op Kindermaat will refund any payment received from the Consumer, minus any reduction in value, as soon as possible, but no later than 14 days after revocation of the Agreement, provided that the Products have been received back by Op Kindermaat, or the Consumer has demonstrated that the Products have indeed been returned.}

_{ARTICLE 5. | SUBSCRIPTION TERMS FOR SCHOOLS}

1. _{Schools that wish to participate in the Jungle buddies Program are required to subscribe through a three-part package, which includes:}
• _{A Starter Kit, which contains essential materials for the classroom setup.}
• _{A Monthly Subscription, providing continuous access to the online training modules and digital content via the Platform.}
• _{An Annual Purchase of Books, ensuring that each student receives printed educational booklets for the year.}
2. _{Schools are obligated to purchase all three components to maintain access to the program. Failure to comply with the subscription terms may result in suspension of access to the Platform and cessation of deliveries of physical materials.}
3. _{The prices for the Starter Kit, Monthly Subscription, and Annual Purchase of Books are clearly listed in the price list and may be subject to change, provided that the Other Party is informed in advance in accordance with Article 4.}
4. _{Schools will receive an invoice for the entire package at the start of the program. Payment must be made according to the terms stated on the invoice.}

_{ARTICLE 6. | DELIVERY OF PRODUCTS}

_{The delivery of Products will take place by shipment to the delivery address provided by the Other Party.}

_{Op Kindermaat is entitled to deliver orders for Products in parts. In such cases, the Consumer’s cooling-off period, as referred to in Article 4, only begins once the final partial delivery of the order has been received by or on behalf of the Consumer.}

_{The risk of loss or damage to the Products passes to the Other Party once the Products are received by or on behalf of the Other Party.}

_{If the agreed delivery period is exceeded, the Other Party is never entitled to refuse receipt of the ordered Products and/or to refuse payment of the amount owed to Op Kindermaat under the Agreement.}

_{If the Products could not be delivered due to a circumstance attributable to the Other Party, Op Kindermaat is entitled to store the Products at the Other Party's expense, without prejudice to the Other Party's obligation to pay the amount owed to Op Kindermaat under the Agreement. Any additional costs incurred due to the failure to receive the Products, such as extra delivery costs, will also be borne by the Other Party.}

_{ARTICLE 7. | DURATION AND TERMINATION OF THE AGREEMENT}

1. _{General Provisions for Termination
   The Agreement between Op Kindermaat and the Other Party is established for the duration specified in the offer or as otherwise agreed. Unless otherwise stated, the Agreement is entered into for a period of two (2) years, with the possibility for automatic renewal unless terminated by either party.}
2. _{Termination by Schools
   Schools subscribing to the Jungle buddies Program may terminate the Agreement at the end of the agreed-upon period, provided that written notice is given at least two (2) months before the expiry date of the current term. Failure to provide timely notice results in automatic renewal for another period of one (1) year under the same terms and conditions.}
3. _{Termination for Breach of Subscription Terms
   If the Other Party fails to fulfill the required subscription terms as outlined in Article 5 (e.g., failure to maintain the Monthly Subscription, purchase of the Annual Books, or other obligations), Op Kindermaat reserves the right to terminate the Agreement immediately. In such cases, the Other Party will not be entitled to any refund.}
4. _{Early Termination by Op Kindermaat
   Op Kindermaat may terminate the Agreement before the end of the term if circumstances arise that make it impossible or unreasonable to continue the Agreement. This includes, but is not limited to, force majeure events or if Op Kindermaat decides to discontinue the Jungle buddies Program.}
5. _{Effect of Termination
   Upon termination of the Agreement, the Other Party's access to the Platform and the Jungle buddies Program will be immediately revoked, and any further delivery of Products will cease. All outstanding payments owed by the Other Party must be settled within thirty (30) days of termination.}

_{ARTICLE 8. | DELIVERY AND DELIVERY TERMS}

1. _{Delivery of Products
   Delivery of Products, whether as part of the Jungle buddies Program or standalone orders, will occur within the delivery period stated in the order confirmation or otherwise agreed upon between Op Kindermaat and the Other Party. If no delivery period is specified, Op Kindermaat will deliver the Products within a reasonable time, but no later than thirty (30) days after the conclusion of the Agreement.}

2. _{Risk Transfer
   The risk associated with damage or loss of the Products transfers to the Other Party at the time of delivery.}

3. _{Late Delivery
   If delivery is delayed beyond the agreed period, the Other Party must provide Op Kindermaat with a written notice of default, allowing Op Kindermaat a reasonable period to fulfill the delivery obligation. If Op Kindermaat fails to deliver within this additional period, the Other Party has the right to terminate the Agreement and request a refund for the undelivered Products.}

4. _{International Deliveries via DCW Consultancy
   For all deliveries outside Belgium, DCW Consultancy is responsible for the production and shipment of the Products. Op Kindermaat will not be held liable for delays or issues in international deliveries managed by DCW Consultancy. All international delivery timelines and conditions must be discussed directly with DCW Consultancy.}

_{ARTICLE 9. | FORCE MAJEURE}

1. _{Definition
   In the event of force majeure, Op Kindermaat is not liable for any failure to fulfill its obligations under the Agreement. Force majeure refers to any circumstances beyond Op Kindermaat's reasonable control, including but not limited to natural disasters, war, terrorist acts, labor strikes, unforeseen technical failures, and governmental restrictions.}
2. _{Suspension of Obligations
   During a force majeure event, Op Kindermaat's obligations will be suspended. If the force majeure lasts longer than two (2) months, either party may terminate the Agreement without the right to claim compensation for damages.}
3. _{Payments During Force Majeure
   If Op Kindermaat has partially fulfilled its obligations before or during the force majeure event, the Other Party is still required to pay for the Products delivered and services rendered.}

_{ARTICLE 10. | LIABILITY}

1. _{Liability for Incorrect Information
   Op Kindermaat is not liable for any damage caused by inaccuracies or incomplete information provided by the Other Party, nor for any other breach of the Other Party’s obligations under the law or the Agreement. Likewise, Op Kindermaat is not liable for any other circumstances that cannot be attributed to it.}
2. _{No Guarantee of Results
   Op Kindermaat does not accept any liability for the failure to achieve desired outcomes as a result of the Jungle buddies Program or the Products provided by Op Kindermaat, particularly in terms of the socio-emotional development of children. In this regard, Op Kindermaat is only bound by an obligation of means, not of result.}
3. _{Right to Remedy
   Should Op Kindermaat be liable for any damage, it always has the right to rectify this damage. The Other Party must give Op Kindermaat the opportunity to do so; failure to provide this opportunity will result in the Other Party forfeiting any claim for liability against Op Kindermaat.}
4. _{Limitation of Liability
   Op Kindermaat’s liability is limited to performing the agreed services correctly. If such rectification is not possible, Op Kindermaat’s liability is limited to a maximum of the invoice value of the portion of the Agreement to which the liability pertains.}
5. _{Statute of Limitations
   Contrary to the statutory limitation period, all claims against Op Kindermaat must be brought within one (1) year after the Other Party becomes aware of the claim.}

_{ARTICLE 11. | INTELLECTUAL PROPERTY}

1. _{Ownership of Intellectual Property
   Op Kindermaat retains all rights, including intellectual property rights, over the Jungle buddies Program, its content, and any Products provided to the Other Party. The Other Party is granted a limited, non-exclusive, and non-transferable right to use these materials solely for the purpose intended under the Agreement.}
2. _{Restrictions on Use
   The Other Party is prohibited from reproducing, distributing, or publicly displaying the Jungle buddies Program or any part of the Products without Op Kindermaat's prior written consent. Unauthorized use may result in immediate termination of the Agreement and legal action for infringement of intellectual property rights.}
3. _{International Use via DCW Consultancy
   Outside Belgium, DCW Consultancy is the authorized intermediary for all sales and distribution of Products. The licensing rights granted to DCW Consultancy do not transfer ownership of the intellectual property, which remains solely with Op Kindermaat.}

_{ARTICLE 12. | EXCLUSIVE LICENSING AND INTERNATIONAL SALES (DCW CONSULTANCY)}

1. _{Op Kindermaat retains ownership of all intellectual property, materials, and Products related to the Jungle buddies Program and any associated educational tools and content. However, for sales outside of Belgium, Op Kindermaat grants an exclusive license to DCW Consultancy.}
2. _{DCW Consultancy acts as the intermediary for all sales outside of Belgium. This includes responsibility for the production of materials, invoicing, and collection of payments from international customers.}
3. _{Op Kindermaat remains the sole owner of all intellectual property.}