GENERAL TERMS AND CONDITIONS OF SALE - KRUMBS 

1. Definition and application

These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") can be consulted on the www.krumbs.be website (hereinafter: the "Website").

The Website and related services are offered by:

The company Deslypere Louise, trading as KRUMBS (hereinafter: "KRUMBS"  and "We")

Drève Sainte Anne 68B, 1020 Laeken

VAT BE  1021.215.208.

info@krumbs.be

For the purposes of these General Terms and Conditions of Sale, the following definitions shall have the following meanings:

– "Customer": any natural person (consumer) or legal entity (professional) who places an order via the Website and thus enters into a contractual relationship with KRUMBS, on a personal basis or on behalf of a third party.– "Products": the digital guides offered for sale by KRUMBS on the Website, including in particular itineraries, practical lists, suggestions for activities, selection of accommodation and interactive games,  available in digital format.– "Website": the website accessible at the www.krumbs.be address, operated by KRUMBS, on which the Products are offered.– "Sales Contract": the contract concluded at a distance between KRUMBS and the Customer, relating to the sale of one or more Digital Products, for consideration.

The General Terms and Conditions of Sale apply to all current and future sales of Products and services by KRUMBS to the Customer. By using the Website, the Client accepts the General Terms and Conditions of Sale, as well as all other rights and obligations mentioned on the Website.

These General Terms and Conditions of Sale are fully applicable, unless expressly derogated. An express derogation is only valid if it is the result of a mutual agreement expressly provided for in writing. These express derogations are intended to replace or supplement the clauses to which they relate. The other provisions of these General Terms and Conditions of Sale remain in full force and effect in all cases.

KRUMBS reserves the right to modify and/or supplement its General Terms and Conditions of Sale at any time for future orders. We advise you to read and consult our General Terms and Conditions of Sale regularly. Any future changes will have no effect on current orders and contracts arising therefrom, unless otherwise stipulated by law.

2.      Eligibility to purchase

Before making purchases on the Website, you must provide a certain amount of personal data. In particular, Customers must mention their real name, phone number, email address and other requested information, as indicated on the Website. In addition, when placing an order, you are asked to provide payment details. You represent and warrant that the payment information provided is both valid and correct, and you confirm that you are the person corresponding to the information provided.

The Website is available only to persons who meet the eligibility requirements set by KRUMBS . As a Customer, you must possess a valid credit or debit card issued by a bank accepted by KRUMBS . The Customer who places an order on the Website authorises KRUMBS  to charge their credit or debit card up to the amount of the total purchase price of the products purchased on the Website.

3.      Our online offer

KRUMBS offers, via the Website, the sale of digital travel guides for families, designed for getaways in Belgium and organised by theme (region, season, age of children, type of activities, etc.). Each guide includes a suggested itinerary, ideas for activities to do with the family, a selection of accommodation presented for information purposes, games and activities for children, as well as practical lists (suitcases, organisation, equipment).

The guides are available in French, Dutch and English. They are offered in digital format and accessible via download after payment. No physical shipment is planned.

KRUMBS presents its offer with the utmost care. The content, titles, descriptions and visuals associated with the products are provided for information purposes only and may be adapted regularly to take into account, for example, the season, the availability of the referenced places or suggestions received by users.

Given the digital nature of the products, the visuals and descriptions available on the Website do not constitute a contractual representation of all content, which may evolve according to editorial updates and adjustments. Some interactive elements may require you to open on a connected device (tablet, smartphone, computer) and have an active internet connection.

KRUMBS reserves the right to change, supplement or withdraw all or part of its offer at any time without prior notice. Any changes will have no effect on orders that have already been confirmed.

Special offers, limited editions or theme packs may be offered from time to time and subject to specific conditions. These will always be clearly indicated before the order is validated by the Customer.

4.      Acceptance of your order

Once your order has been completed on the Website, you will receive an email acknowledging receipt of your order. This email summarizes the essential elements of your order (product ordered, price, language of the guide, etc.). It does not yet constitute acceptance of the order by KRUMBS.

The sales contract is formed only at the time when KRUMBS confirms the availability of the digital product, usually by sending a download link or by immediately activating online access. At this point, the order is considered accepted and the sale is final.

Until such confirmation, KRUMBS reserves the right to refuse or cancel any order, in particular in the event of a payment problem, suspected fraudulent use, manifest error in the price displayed or in the description of the product, or if the eligibility conditions are not met.

Ordered digital products are not reserved until the order is validated and paid for. Placing a product in the shopping cart does not guarantee its availability or price.

The Client expressly accepts that electronic exchanges (e-mails, forms, confirmations) constitute a valid method of proof of the sales contract. KRUMBS is not required to provide a paper confirmation.

In the event of an error in the e-mail address provided or inability to access the product for reasons attributable to the Customer (spam filter, insufficient storage space, input error), KRUMBS cannot be held responsible for the impossibility of accessing the guide.

5.      Price

The prices of the products offered on the Website are indicated in euros, including all taxes (including Belgian VAT). They are valid at the time of consultation by the Client or at the time of ordering. KRUMBS reserves the right to modify its prices at any time, without prior notice, it being understood that the products will be invoiced on the basis of the prices in force at the time of validation of the order.

As the products sold on the Website are digital and delivered electronically, no delivery fees are applied.

Any obvious material error in the displayed price (e.g. a derisory price due to a technical error) may be corrected by KRUMBS, even after the order has been validated. In this case, the Client will be informed without delay and may either accept the corrected price or cancel the order free of charge.

The final price is confirmed at the time of payment and appears in the confirmation email sent to the Customer after validation of the order. Any promotional codes or discounts are applicable only according to the terms and conditions mentioned on the Website, and cannot be combined, unless otherwise specified.

If your bank card is denominated in a currency other than euros, the final amount to be paid may vary depending on the exchange rate and the fees applied by your bank. KRUMBS does not intervene in this conversion.

The Client undertakes to verify the accuracy of the price displayed and the currency before any order is validated.

6.      Payment

Payment is made online, at the time of ordering, via the payment methods offered on the Website. KRUMBS accepts payments by credit card (Visa, Mastercard, etc.) and can offer other secure payment methods, such as Bancontact or third-party electronic payment solutions.

The Client guarantees that he/she is authorised to use the selected payment method. Any fraudulent use of a means of payment will result in the immediate cancellation of the order, without prejudice to any prosecution.

The order is considered final and will only be processed after confirmation of payment by the relevant bank or payment provider. In the event of a refusal of payment or a blocked transaction, the order will not be validated and no products will be made available.

The payment automatically triggers the sending of a download link or immediate access to the purchased digital product. As soon as the product is accessible, no changes to the order are possible.

KRUMBS takes all reasonable measures to ensure the security of electronic transactions. The payment data is not stored by KRUMBS, but processed directly by the secure payment service provider.

In case of any problems during the payment process, the Customer can contact KRUMBS at info@krumbs.be. However, KRUMBS cannot be held responsible for delays or impossibility to access the products in the event of an error or malfunction attributable to the Customer or third parties (e.g. payment provider, bank, technical incident).

7.      Responsibility

KRUMBS makes every effort to offer quality, up-to-date, clear and useful digital guides to organize a family stay. However, the content of the guides is based on subjective recommendations, based on research, personal experiences, and publicly available sources at the time of writing.

The information contained in the guides (accommodation, activities, itineraries, suggestions for games or catering) is provided for information purposes only. KRUMBS does not guarantee the availability, quality or conformity of the services offered by third parties (accommodation, activity providers, restaurants, museums, etc.). It is the Customer's responsibility to check, at the time of their stay, the opening hours, access conditions, prices, availability or any other practical element directly with the service provider concerned.

KRUMBS cannot be held responsible if an accommodation suggested in a guidebook is full, closed, unsatisfactory or unavailable, or if a recommended activity is cancelled, inaccessible or unsuitable. Similarly, satisfaction with the course of the weekend or the interest of the content for children depends on many factors beyond KRUMBS' control (weather, fatigue, personal taste, age, unforeseen events, etc.).

The Customer remains fully responsible for the effective organization of his stay, his reservations and his safety on site. KRUMBS can in no way be held liable for direct or indirect, material or immaterial damage, resulting from the use of the guide or any of the places or service providers mentioned.

In any case, if KRUMBS' liability were to be incurred, it would be limited to the amount actually paid by the Client for the guide concerned.

Only certain, real and proven damage will be eligible for compensation. Future, hypothetical or insufficiently established damage is excluded from any compensation.

For any situation not governed by these General Terms and Conditions, the supplementary provisions of Book 6 of the Belgian Civil Code will apply.

 

8.       Right of withdrawal

 

In accordance with Article VI.53, 13° of the Code of Economic Law, the Client does not have a right of withdrawal for digital products when they are supplied immediately after payment and when performance has begun with the prior express consent of the Client, who acknowledges that he has thus waived his right of withdrawal.

By ordering a digital guide on the Website, the Client expressly accepts:

– that the performance of the contract begins immediately after the confirmation of the order and payment;

– that they will receive direct access to the digital content purchased;

– that he thus waives his right of withdrawal.

No request for cancellation, refund or modification can be taken into account once the download link has been activated or the guide has been made accessible, unless there is a proven technical defect preventing the receipt of the file.

9.       Guarantee

KRUMBS undertakes to provide digital products that comply with the description made on the Website at the time of ordering.

In the event of a technical defect (inaccessible, damaged or incomplete file), the Client can contact KRUMBS at the info@krumbs.be address within 24 hours of receipt of the guide. KRUMBS will make its best efforts to correct the defect or, if this proves impossible, offer a new download link or, failing that, a refund.

The guarantee does not cover cases where the dissatisfaction is related to the subjective appreciation of the content or to external circumstances (modification or unavailability of an activity, closure of a suggested place, personal preference, etc.), as specified in Article 7.

The Customer remains responsible for the technical compatibility of its device with the files provided (PDF or similar formats). No refund will be given if the product cannot be accessed for technical reasons specific to the user.

 

10.   Intellectual property

All content available on the Website www.krumbs.be and in the guides sold by KRUMBS, including but not limited to: texts, illustrations, photos, graphics, layouts, PDF files, downloadable documents, interactive elements, as well as the structure and tree structure of the guides, are protected by copyright and, where applicable, by other intellectual property rights (database law,  trademark law, etc.).

These rights are the exclusive property of KRUMBS. No right to reproduce, distribute, modify, resell or exploit the content of the guides is granted to the Client. The purchase of a digital guide only entitles you to strictly personal, non-commercial and non-transferable use of the content, for family or private use.

It is forbidden to copy, share, publish or reproduce all or part of a guide, including on a blog, website, booking platform, forum or social network, without the prior written consent of KRUMBS.

Any unauthorized use of the content may result in civil and/or criminal prosecution in accordance with applicable intellectual property laws.

KRUMBS reserves the right to disable access to the products without prior notice in the event of a clear infringement of intellectual property rights.

11.   Our relationship with you

Use of our Website does not create a joint venture, partnership, employment or agency relationship between you and KRUMBS. Under no circumstances may the Customer be considered a representative, agent or employee of KRUMBS. Therefore, KRUMBS  is not responsible for any representation, action or omission by you.

12.   Force majeure and unforeseeability

KRUMBS cannot be held liable for any breach of its contractual obligations in the event of force majeure, i.e. in the presence of an unforeseeable, irresistible and external event temporarily or permanently preventing the performance of the contract.

In particular, the following are considered to be cases of force majeure (without this list being exhaustive): failures of networks or IT infrastructure, server failures, fires, natural disasters, acts of piracy, pandemic, interruption of hosting or payment services, or any decision by the authorities preventing the performance of services.

In the event of force majeure, KRUMBS' obligations will be suspended for the duration of the event. If the force majeure extends beyond 30 calendar days, either party may terminate the contract, without compensation.

In addition, if an unforeseeable change in circumstances makes the performance of the contract excessively onerous for KRUMBS, KRUMBS may propose a reasonable adaptation of the contractual conditions. In the event of the Client's refusal, the order may be cancelled free of charge.

13.   Processing of your personal data

In the context of the sale and supply of its digital products, KRUMBS collects and processes certain personal data of the Customer (identity, contact details, billing data, etc.).

This processing is carried out in accordance with the General Data Protection Regulation (GDPR) and the applicable Belgian legislation on the protection of personal data.

For more information on the data collected, the purposes of processing, the legal basis, the recipients, the retention periods, as well as your rights (access, rectification, deletion, etc.), we invite you to consult our privacy policy accessible at any time on the website.

By validating their order, the Customer acknowledges that they have read KRUMBS' privacy policy.

14.   Applicable law and competent courts

These Terms and Conditions of Sale, our other policies and procedures are governed by and construed in accordance with Belgian law. 

All disputes in connection with or arising from KRUMBS' offers or agreements concluded with it are submitted to the French-speaking courts and tribunals of the judicial district of Krumbs' registered office. The parties will first try to reach an amicable agreement.