General Terms & Conditions
1. General provisions
Gus Foods BV (“Gus Foods”), having its head offices located at Rue Jean Benaets 15, 1180 Uccle and registered in the crossroads bank for enterprises under number 0755.989.195, supplies companies (“Companies”) with refrigerators which are installed at the company's premises and which are used by Gus Foods as a platform to sell food products (“Product(s)”) to the companies’ employees (“Customer(s)”).
The present General Terms and Conditions (“GTC”) inform you of the terms and general conditions of sale under which Gus Foods sells products to its Customers. These GTC shall apply to all purchase contracts entered into between Gus Foods and its Customers in the sense of section 3.
Prior to the first purchase of a Product by the Customer, the Customer shall receive a Gus Foods badge which will allow him to unlock the refrigerator and purchase Products. The badges will be distributed by Gus Foods to the Customer directly or will be provided to the Customer via his employer. Following reception of the badge, the Customer shall sign up on the Gus Foods website by providing his first and last name, his business email address and the pin code marked on his badge.
The Customer undertakes to provide true and correct information when signing up.
If a Customer is violating the present GTC and/or the applicable law, Gus Foods reserves the right to block his access to the refrigerator by deactivating his badge.
3. Purchase contract
The presentation of the Products in the refrigerator constitutes an offer according to law. The Customer opens the refrigerator using its Gus Foods badge, chooses one or more Products which he takes out of the refrigerator, scans or selects the Product(s) on the refrigerator’s screen and confirms the selection. This confirmation constitutes the acceptance of the offer according to law, whereby the purchase contract is concluded.
After confirmation of the purchase of (a) Product(s), payment for all products shall be made via the payment terminal attached to the refrigerator. Payments can be made by debit or credit card or by meal voucher card. The Customer’s card will be debited at the time of the payment.
The offer is limited to the Products that are available in the refrigerator. Gus Foods can not be held liable for the lack of a specific Product in the refrigerator.
On a daily basis, Gus Foods is carefully verifying the expiration date of all Products present in the refrigerator and retrieves all Products that have expired. The Customer shall not purchase and consume any Product that has expired.
5. Product information
Product information can be consulted on the screen attached to the refrigerator.
Gus Foods commits to use Product pictures that represent the actual Products in the most accurate and realistic way. Notwithstanding the foregoing, all Product pictures used by Gus Foods on the refrigerator screen, on its website or on any other communication channel it is using are not contractually binding and cannot be used for complaint purposes.
All Products sold by Gus Foods comply with the current laws and regulations in force.
In the event the Customer notices a food safety issue or violation, it shall immediately inform Gus Foods by sending an email to the following address so that Gus Foods can resolve it within the shortest possible delay: firstname.lastname@example.org.
Gus Foods reserves the right to delist Products at any time and without prior consultation of its Customers.
6. Use of the refrigerator
The Customer commits to use the refrigerator in a prudent and careful manner and is not allowed to damage any of the equipment provided by Gus Foods.
The Customer shall not use the refrigerator to store his own food or personal items.
In case of damage or malicious use of the refrigerator, the Customer shall immediately inform Gus Foods by email at the following address: email@example.com.
The prices of the Products can be consulted on the refrigerator screen and are applicable at the time of validation of the purchase by the Customer. Prices are displayed in Euros and include all taxes.
Gus Foods reserves the right to change its prices at any time. The changes will not affect the purchases that have already been confirmed.
8. Right of withdrawal
In accordance with article VI.53. Of the Code of Economic Law, the right of withdrawal cannot be exercised for Products that deteriorate or expire rapidly.
For all other Products, the Customers have a period of fourteen (14) calendar days from the date of purchase of the Products to exercise their right of withdrawal, without need to justify a reason nor obligation to pay any penalty.
To exercise its right of withdrawal, the Customer must notify Gus Foods in writing. He must also return the Products in their original packaging to the address communicated by Gus Foods within (14) calendar days following the date of the notification to exercise his right of withdrawal.
If the aforementioned conditions are fulfilled, Gus Foods will reimburse the Customer the amounts paid within 14 business days from the date of reception of the notification at the latest, with the exception of shipping costs for the return of the Products which remain at the Customer’s expense.
9. Legal warranties
The Customer is expressly informed that the Products, by their nature, deteriorate quickly. The Customer hence recognizes that the Products will need to be kept refrigerated and consumed within the delay specified on the packaging.
Notwithstanding the above, the Products benefit from the legal warranties covering cases of non conformity or hidden defects. If the Customer notices a Product non conformity or defect, he shall inform Gus Foods by email to the following email address: firstname.lastname@example.org. His email shall contain a clear description of the non conformity or defect and any useful supporting documentation (e.g. photography). After careful examination of the notification, Gus Foods will refund the price of the product within fourteen (14) calendar days following reception of the notification.
All Product related questions or complaints shall be addressed to Gus Foods within forty-eight (48) hours following the purchase of the Products to the following email address: email@example.com. Beyond this timeframe, no complaints will be accepted.
11. Right to modify the GTC
The GTC can be amended or adapted at any time and will be published on the website at least fifteen (15) calendar days prior to their entry into force. In case of modification, the GTC in force on the day of the purchase will be applied to each purchase.
12. Force majeure
Gus Foods cannot be held responsible for any failure to execute or delay in the execution of any of its obligations under a contract that is caused by events that are beyond its will and control (“case of force majeure”).
A case of force majeure means any act, event, non-event, omission or accident beyond its will or control.
A case of force majeure shall suspend the obligations of Gus Foods set out in these GTC and this for the full duration of the case of force majeure.
13. Intellectual property
All content on the www.gusfoods.com website are and remain the exclusive intellectual property of Gus Foods.
No person is authorized to reproduce, exploit, redistribute or use in any way whatsoever, in whole or in part, any written, visual or audio elements of the www.gusfoods.com website.
14. Disputes, applicable law and jurisdiction
The present GTC will be executed and interpreted in accordance with Belgian law. Before any litigation, the parties shall try to reach an out-of-court settlement.
If an amicable settlement cannot be reached, any dispute of any nature or claim will be made before the competent courts.
Should a provision of the present GTC conflict with mandatory law, such provision shall be replaced by the respective mandatory legal provision. The validity of the other provisions of these GTC remains unaffected.