General Terms & Conditions
Last updated: September 15th 2022
Gus Foods, a private limited liability company (Dutch: "besloten vennootschap" / French: "société à responsabilité limitée"), incorporated under the laws of Belgium, whose registered office is at Alfons Gossetlaan 40, 1702 Groot-Bijgaarden, and registered in the Crossroads Bank for Enterprises under the enterprise number 0755.989.195 (hereinafter referred to as: "Gus Foods" or "We"), operates a number of commercial fridges ("Fridges") containing fresh and healthy food, drinks, snacks and other products supplied by Gus Foods ("Products").
Gus Foods records and processes which Products are stocked and purchased from all Fridges in order to manage the assortment and better meet the needs of the consumers. Payments are made through our Gus Foods App ("App"), i.e. a mobile app that you have to install on a mobile device or through a self-checkout system with a touchscreen and physical payment terminal ( "Kiosk"). The underlying Terms and Conditions apply to all your interactions with the Fridges, your use of the App or the Kiosk as well as on every transaction (or part of it) that is related to Gus Foods.
By using one of our Fridges, you acknowledge and agree that the Fridges, Kiosk and/or the App may sometimes behave differently than expected. Please read these Terms and Conditions carefully before you use our Fridges, Kiosks and/or the App. For more information about Gus Foods and its products, please visit our website at gusfoods.com
If you discover errors, design flaws, unexpected results, damage, loss or any other problem related to your use of the Fridges, Kiosks and/or the App, please report them to us via support@gusfoods.com. By doing so, Gus Foods can improve its services to you and every other consumer.
1. Applicability of Terms & Conditions
1.1 These Terms and Conditions apply to all purchases you make through our Fridges, whether you pay through the App or through a Kiosk.
1.2 These Terms and Conditions also apply when you download and install the App on your mobile device, whether you purchase Products from our Fridges or not. You will be asked to accept these Terms and Conditions before you create a user account ("Account"). These Terms and Conditions apply to your use of the App, until you decide to cancel your use of the App. This cancellation can always be executed free of any charge.
2. Prices and payment
2.1 As with any retail experience, you are not allowed to take Products from our Fridges without paying for them. Payment occurs immediately upon purchase. We offer various electronic payment methods, such as credit card, Bancontact/Payconiq, Paypal and several meal vouchers to facilitate the purchase of Products from the Fridges. We reserve the right to add or remove payment methods without previous notice to you.
2.2 Prices and currency charged for Products may vary depending on your location. The prices of our Products include applicable sales tax and are shown in the App or on the Kiosk.
2.3 If you have given your consent for processing payment details in the App, you authorize Gus Foods to charge your bank account, credit card or any account relating to any other payment method.
2.4 If your payment method is declined, you can try a different method. We are not responsible if your payment method is declined for any reason.
2.5 We make use of a payment service provider and do not store or have access to any of your payment details. You acknowledge and agree that our payment service is governed by its own terms and conditions.
2.6 We are not responsible or liable for any damages if your payment is declined for any reason.
3. Refund and Cancellation Policy
3.1 We deliver our Products immediately at the time of purchase through our Fridges. Our Products are meant to be consumed immediately. After you have taken Products from the Fridge, you cannot return the Products or cancel your purchase. We do not offer any refunds if you are, for whatever reason, not satisfied with the Products you have purchased.
3.2 We prepare our Products with the utmost care for quality and food safety. If you, however, happen to have purchased any Products that are not up to our high standards and something is off, please contact us at support@gusfoods.com as soon as possible and we will look for a suitable solution. If possible, please take pictures of the Products and add them to your message so we have as much information as possible.
3.3 If you accidentally paid for Products that you did not purchase, please contact us at support@gusfoods.com as soon as possible and we will look for a suitable solution.
4. Using the Gus Foods App
4.1 Some of our Fridges should be operated with the App. By using the App, you can open the Fridge and take out the Products you desire. After you have closed the Fridge, the App will show your purchases and receipts. The App may also show other information, such as prices or the ingredients of our Products. You can download the App from the Google Play Store or iOS App Store.
4.2 To download and install the App, you need a mobile device with access to the internet, whether through a Wi-Fi connection or a mobile network. We are not responsible for any fees that your mobile network provider or internet service provider may impose on you.
4.3 You are granted a non-exclusive, non-transferable license to use the App for personal use.
4.4 The App works on the latest versions of Android and Apple iOS. The App may work with older versions as well, but we cannot make representations or warranties of any kind hereof. You are solely responsible for keeping your devices up to date.
4.5 To use the App, you need to create a user account ("Account"). You are asked to provide certain information, including your name and a valid email address. Read our Privacy Policy to learn more about how we process your personal data. You are solely responsible for the accuracy of the information you provide through the App and your Account.
4.6 You may need to provide your payment details, such as a bank account, credit card number or information relating to other payment methods. You may change or delete your saved payment information at any time in the "Payment method" section under the Account tab.
4.7 We may, but are not obliged to, release updates for the App from time to time. In that case, you will always be informed thereof. These updates may concern new features, bug fixes or security updates. Please check the settings in your app store to see whether updates are installed automatically or should be installed manually. We recommend to always use the latest version of the App. The Fridges may not work properly with older versions of the App; you are solely responsible for installing updates and using the latest version of the App.
4.8 The App may not be available in all countries or in all languages, and may be subject to restrictions imposed by your network carrier, internet provider or local legislation. In case anything is unclear in this respect, please feel free to contact us directly.
4.9 The App may include links to third-party websites or services, including but not limited to our payment service provider. Third-party websites or services are governed by their own terms and conditions and privacy policies. Use of such third-party websites or services is at your own risk. We are not responsible for any content that such third-party websites or services publish, nor are we liable for any damages that may result from using such third- party websites or services.
4.10 We reserve the right to modify, suspend, disable or remove your access to your Account if we notice that you are using your Account and/or the App for activities that may interfere of attempt to interfere with the operations of the Fridges, Kiosks and/or the App, including but not limited to hacking, spamming, uploading computer viruses, harvest personal information of other users, creating fraudulent or spoof accounts, attempting to access the Fridges by other means than using the App, or any other means. Gus Foods reserves all rights to have such practices sanctioned before the competent court.
5. Content and Advertisements
5.1 The Kiosks and/or the App may display advertisements, promotions, illustrations and other content ("Content") from us or third parties, such as (but not limited to) food suppliers we work with. Depending on the information you have made available to us or third parties, such advertisements or promotions may be personalized and targeted to you. We are not liable for any damages that may result from incorrect or incomplete information that is not related to and/or originating from Gus Foods itself, but is published through such advertisements or promotions.
5.2 Content may include descriptions, visualization and other details of the Products sold in our Fridges. Such information is provided for your convenience only. We do not guarantee the accuracy of such information. In that respect, you acknowledge and agree that you purchase and consume our Products at your own risk.
5.3 The Content will be focused around food advertisements and food and nutrition information. In case you feel exposed to Content that you may find offensive, indecent or objectionable, we are not liable to you for such Content.
5.4 We reserve the right to add or remove Content for any reason and without prior notice.
5.5 For third-party content, the creator, owner or licensee retains the intellectual property rights on such content.
6. Intellectual Property Rights
6.1 We and/or our licensors retain the intellectual property rights, such as copyrights, trademarks, trade secrets, trade names, patents or other intellectual property rights on the Fridges, Kiosks, the App and all related Content and any other materials (except for the content mentioned in article 5.5). You are not allowed to copy or reproduce any of the materials protected by intellectual property rights, or make them available to third parties, without our prior written permission. We are allowed to claim compensation from you when you violate this provision.
6.2 If you notice a copyright infringement, please contact us at support@gusfoods.com. It is our policy to respond to notices of alleged copyright infringement as soon as possible.
6.3 The provisions of this article remain valid after termination of the Agreement between you and us.
7. Indemnification
7.1 You indemnify us from and against any third-party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorney fees, that arise because you breach any of the provisions of these Terms and Conditions and/or you violate any laws, regulations or the rights of any third party.
7.2 You also indemnify us from and against any third- party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorney fees, if not you, but any other person that you allow to use the Fridges, Kiosks and/or the App and/or your Account, breaches these Terms and Conditions and/or violates any laws, regulations or the rights of any third party.
8. Disclaimer of liability
8.1 We are only liable for damage if and insofar as this damage is caused by intent or gross negligence from our side. Under no circumstances will Gus Foods cover direct or indirect personal damage and/or direct or indirect property damage to the extent that these damages results from the consumer's own negligence.
8.2 Gus Foods is not liable for damage that results from not following instructions, manuals and warnings regarding the Fridge, Kiosk, App, your Account and/or our Products.
8.3 Gus Foods is not liable for third-party content to which you may be exposed when you use the Fridges and/or the App. Any responsibility or liability of such content remains solely with the creator, owner or licensee of such content and not with us. Article 5 explains more about third-party content.
8.4 If you use the App, Gus Foods is not liable for damage resulting from incorrect information you provided in your Account or loss of your password or other information you provided. We are never liable for data loss or security breaches associated with the App.
8.5 Gus Foods is not liable for damages if any obligation under these Terms and Conditions is prevented, delayed, restricted or interfered with by causes beyond our reasonable control and despite Gus Foods' good intentions ("Force Majeure"). Force Majeure includes, without limitation, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, national emergencies, insurrections, riots or wars, or strikes, lock-outs or work stoppages. Force Majeure also includes causes beyond the reasonable control of third parties with which we cooperate, such as food suppliers, and which affect us in meeting our obligations under these Terms and Conditions.
9. Complaints
9.1 If you have a formal complaint about any shortcomings in the Fridges, Kiosks, the App and/or our Products, you must inform us within 7 days after discovery of the shortcomings in writing to the following address: Alfons Gossetlaan 40, 1702 Groot-Bijgaarden. After 7 days, the right to file a complaint expires and we are not obliged to take your complaint into consideration anymore.
9.2 We will respond to your complaint as soon as possible, but no later than within 7 days after having received it. If it is not yet possible for us to formulate a substantive reaction within 7 days, we will confirm the receipt of your complaint and we will give an indication of the term within we expect to give a substantive reaction to your complaint.
9.3 Your complaint must contain a detailed description of the shortcomings you have discovered, so we are able to assess your complaint and its correctness adequately. As far as possible and pertinent, the complaint should be substantiated with photographic material in order to allow a careful study of the complaint. If your complaint is grounded, we will do our best to resolve it within a reasonable period of time.
9.4 Filing a complaint does not give you the right to suspend payments or to receive refunds.
10. General
10.1 You may only use the Fridges, Kiosks, the App and our Products for personal, non-commercial use. You may not use the Fridges, the App and/or our Products for any purpose that is unlawful or prohibited by these Terms and Conditions.
10.2 In the event of any provision of these Terms and Conditions being or becoming void in whole or in part, then the other provisions of the Agreement shall remain fully valid and enforceable and the void provisions shall be replaced by other provisions corresponding as closely as possible with the void provisions.
10.3 We reserve the right to change, suspend or discontinue the services we offer through our Fridges and/or the App without notice.
10.4 We may modify or amend these Terms and Conditions from time to time. In that case, you will always be informed thereof.
10.5 You are not allowed to transfer or assign any of your rights under these Terms and Conditions to a third party.
10.6 The consumer is expected to execute the underlying Terms and Conditions both in good faith and in the way they are meant to be executed.
11. Disputes and Governing Law
11.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Belgium.
11.2 If any dispute arises out of, or in connection with, your use of the Fridges and/or the App, the damaged party will, in first instance, try to resolve this dispute mutually and in an amicable way within a reasonable period of time. If, however, this does not offer a workable solution (e.g. when no action is taken on a notice of default) the dispute shall be settled by the competent Belgian court.