GIGA

GENERAL TERMS AND CONDITIONS OF SALE AND USE

THE GIGA COMPANY www.thegigacompany.com 

Effective May 18, 2026

These General Terms and Conditions of Sale and Use (GTCS/GTCU) apply to any order placed on the www.thegigacompany.com website, operated by THE GIGA COMPANY, a limited liability company with its registered office at Avenue Louise 231, 1050 Ixelles, Belgium (BCE BE1025.040.075).

GIGA is a premium functional beverage brand produced in Belgium. The products marketed are foodstuffs.

Any order implies acceptance of these T&Cs/T&Cs

These T&Cs/T&Cs apply exclusively to consumers.

They apply to orders placed from Belgium, France and the Netherlands.

The applicable conditions are those in force at the time of the order.

The Customer must be at least 18 years of age.

2.1. The products are premium functional beverages (foodstuffs) whose essential characteristics (ingredients, nutritional values, allergens and storage conditions) are described on the Site.

 

2.2. The photographs of the products are provided for illustrative purposes only and are not contractual. The Company strives to ensure an accurate representation of the products.

 

Allergens and consumption

 

Allergens are clearly indicated. The Customer is invited to check the ingredients before consumption. The Company cannot be held responsible for allergic reactions occurring following the consumption of a product whose allergens have been duly declared on the label and the product sheet.

 

Conservation

 

The products must be stored according to the indications on the packaging and consumed before the MDD. The Company declines all responsibility for any deterioration resulting from failure to comply with the storage conditions after delivery.

 

Usage

 

The products are intended for personal consumption. Any unauthorized commercial resale may result in the cancellation of the order without notice. Any Client who contravenes these prohibitions incurs civil liability towards the Company. Harm to the Company may include, but is not limited to:

Damage to the image and reputation of THE GIGA COMPANY brand, in particular when products are resold under uncontrolled storage conditions, at discounted prices, or in a context incompatible with the brand's premium positioning;

 

The loss of commercial margin resulting from the capture by the unauthorized reseller of a value that the Company would normally have received;

 

The disruption of the distribution strategy and relations with authorized distributors, whose network value is affected by the presence of products resold on uncontrolled channels;

 

The risk of the Company being held liable for the safety of food products in the event that a product resold under unverifiable storage conditions causes damage to a third party end consumer.

 

The Company reserves the right to claim compensation for all such damages, upon presentation of available evidence (screenshots of resale ads, order data, etc.). The burden of proof of the absence of commercial resale lies with the Client as soon as the Company establishes objective and consistent evidence of unauthorised resale.

 

Product Evolution

 

The Company reserves the right to modify the composition, formula, packaging or packaging of the products at any time, in particular to comply with regulatory requirements or to improve quality. Substantial changes will be indicated on the product sheet with the mention "New formula" or equivalent. In the event of a change affecting allergens, an information email will be sent to Customers who have recently ordered the product concerned

 

The products are not intended to diagnose, treat, cure or prevent any disease. They are not a substitute for a balanced diet and a healthy lifestyle.

 

Before placing an order, the Client has access to the following information:

 

Essential product characteristics

 

Price incl. VAT and delivery costs

 

Right of withdrawal

 

Refund terms

 

4.1. Ordering process

The order is placed online via the Site according to a multi-step process allowing the Customer to check the details of his order (products, price including VAT, delivery costs, delivery address) before final validation.

The validation of the order implies an obligation to pay.

A confirmation email is sent to the Customer after validation of the order.

4.2. Formation of the contract

The order is deemed to have been accepted by the Company from the date of sending the confirmation email, subject to:

 

Product availability;

 

The absence of any manifest error, in particular on the price.

 

4.3. Product availability

The products are offered while stocks last.

In the event of unavailability of a product after validation of the order, in particular due to a production incident, a delay by the manufacturer or a stock shortage beyond the Company's control, the Client will be informed as soon as possible.

The Client will then be able to choose:

 

Full refund;

 

A credit note;

 

Or, where appropriate, a substitute product of equivalent quality.

 

No additional compensation can be requested in this respect.

4.4. Manifest pricing error

The Company strives to ensure the accuracy of the prices displayed on the Site. However, in the event of a manifest error (abnormally low price resulting from a technical or material error, and not from a promotional operation), the Company reserves the right to cancel the order concerned. In this case, the Client will be informed as soon as possible and fully refunded.

4.5. Order refusal or cancellation

The Company reserves the right to refuse or cancel an order in the event of:

 

Suspicion of fraudulent use of the means of payment;

 

Non-compliance with these T&Cs/T&Cs;

 

Order that is clearly incompatible with personal use (especially in the case of abnormally high volumes).

Prices are indicated in euros including VAT.

Payment is made online via the means offered on the Site.

Payments are secure. No bank data is kept.

An invoice is sent after payment.

Any unpaid debt or unfounded dispute of payment shall give rise, after formal notice has been given to no effect, to the reimbursement of the actual recovery costs incurred by the Company, upon presentation of supporting documents.

Delivery is provided in Belgium. Shipping addresses outside of these territories cannot be processed.

 

The estimated time frames are as follows, from the confirmation of payment:

Belgium: 2 to 4 working days;

 

These deadlines are given for information purposes only. The Company cannot be held responsible for delays due to carriers, exceptional circumstances or force majeure.

 

Shipping costs are displayed at the time of ordering.

 

The risk of loss or damage to the products passes to the Customer at the time the Customer, or a third party designated by the Customer (other than the carrier), takes physical possession of the products.

 

Upon receipt, the Customer is invited to check the condition of the package and the products. In the event of visible apparent damage (damaged package or product), missing or wrong product, the Customer is invited to:

Express precise and written reservations on the delivery note or with the carrier at the time of delivery;

 

Report the problem to the Company as soon as possible, preferably within 48 hours of receipt, by sending an email to contact@thegigacompany.com accompanied by photographs and any available information.

 

This prompt reporting is a duty of care that allows the Company to effectively process the claim and exercise its own recourse against the carrier.

7.1. General principle

The Client has a period of 14 days to exercise his right of withdrawal.

7.2. Exclusion

The right of withdrawal does not apply:

 

To open products

 

Products that are likely to deteriorate quickly

7.3. Exercising the right of withdrawal (eligible products)

For eligible products, the Client exercises its right by notifying its decision by email to contact@thegigacompany.com before the expiry of the 14-day period. The Client may use the standard form below, but is not obliged to do so.

 

Attn: THE GIGA COMPANY, contact@thegigacompany.com

I hereby notify you of my withdrawal from the contract relating to the sale of the following goods:

Ordered on: _____________________ / Received on: _____________________

Consumer name: _____________________

Address: _____________________

Signature (only if paper notification): _____________________

Date: _____________________

7.3. Refund

The Company will reimburse the Client within 14 calendar days of receipt of the notification of withdrawal. The Company may defer the refund until receipt of the returned products or until the Customer provides proof of shipment. The refund is made by the same means of payment as that used for the order, at no additional cost to the Customer.

The products benefit from the applicable legal guarantees.

The Client may obtain a replacement or refund for a non-compliant product.

For foodstuffs, the assessment takes into account the MDD.

 

The Company ensures the quality and safety of the products.

Liability cannot be incurred in the event of:

 

Poor storage

 

Consumption after MDD

 

Of inappropriate use

 

Allergy to any ingredient mentioned

 

In the event of a product withdrawal or recall for safety reasons, the Company will inform the affected Customers as soon as possible and implement appropriate measures.

10.1. In the event of a recall or withdrawal of a product for food safety reasons, the Company will contact Customers who have ordered the product(s) concerned by email.

 

10.2. The Customer must immediately stop consuming the product concerned and follow the instructions provided. The costs of returning in the context of a recall are fully covered by the Company, which will refund or replace it.

 

10.3. The Company cooperates with the competent authorities (FASFC in Belgium) in the context of any recall procedure.

12.1. The Company is liable for direct damage to the extent permitted by law.

 

12.2. Liability does not cover:

 

Consequential damages

 

Non-compliant uses

 

Cases of force majeure

 

12.3. When the Company is liable for direct damages, this liability is capped at the total amount paid by the Client for the order concerned, except in the case of fraudulent fault or gross negligence on the part of the Company, bodily injury resulting from a defective product, or breach of a mandatory legal obligation.

13.1. The creation of a customer account is necessary or offered to facilitate orders. The Client undertakes to provide accurate, complete and up-to-date information.

 

13.2. The Customer is responsible for the confidentiality of its credentials and for any activity carried out from its account. In the event of suspected fraudulent use, the Client must inform the Company immediately.

 

13.3. The Company reserves the right to suspend or delete a customer account in the event of a breach of these T&Cs/T&Cs, proven fraudulent behaviour or unfounded payment disputes. Any attempt to recreate an account after suspension is prohibited.

 

13.4. The Client has rights over his/her personal data exercised in accordance with the Privacy Policy available on the Site.

14.1. All elements of the Site (texts, images, logo, GIGA brand, graphic charter, etc.) are the exclusive property of the Company or its partners and are protected by intellectual property law.

 

14.2. Any unauthorised reproduction, representation, modification or exploitation is strictly prohibited and constitutes a punishable infringement.

15.1. Neither party shall be liable for the non-performance or delay in the performance of its contractual obligations where such non-performance or delay results from a force majeure event.

 

15.2. The following are force majeure events, but are not limited to: natural disasters (floods, storms, earthquakes), epidemics or pandemics declared by the competent authorities, wars or armed conflicts, terrorist acts, general or sectoral strikes affecting transport or logistics, fires or explosions, failure of electricity or communication networks, governmental or regulatory decisions making performance impossible or illegal.

 

15.3. The party invoking force majeure must notify the other party as soon as possible, in writing, of the occurrence of the event and its foreseeable effects on the performance of the contract.

15.4. In the event of force majeure:

The affected obligations are suspended for the duration of the event;

 

The delivery deadlines are extended by a period equivalent to that of the impediment;

 

If the force majeure extends beyond 30 calendar days, either party may terminate the order in question without compensation, with full refund of the sums already paid by the Client within 14 days.

16.1. In the context of the commercial relationship, the Company collects and processes personal data in accordance with the GDPR and the Belgian law of 30 July 2018.

 

16.2. The data collected is processed for the purposes of order management, customer relations, and - subject to the Customer's consent - for the purposes of commercial and marketing analysis.

 

16.3. The Client's rights (access, rectification, opposition, portability, deletion) can be exercised by contacting the Company at the following address: contact@thegigacompany.com

 

16.4. The full terms and conditions are described in the Privacy Policy available on the Site.

17.1. The Customer may be asked to leave a review, comment, rating or any other content relating to the products purchased (hereinafter "Feedback"), in particular via the Site, the Company's social networks or any other communication channel made available.

 

17.2. The Company may verify that the published reviews are from customers who have actually purchased the products,

 

17.3. By submitting a Feedback, the Client grants THE GIGA COMPANY a worldwide, non-exclusive, royalty-free, transferable and sub-licensable license, to reproduce, adapt, publish, translate, distribute and display such Feedback in any media, including digital media, social networks and advertising media, for an unlimited period of time. The Client guarantees that it is the author of the Feedback submitted and that it has all the rights necessary to grant the use of the Feedback.

 

17.4. Feedback that is manifestly offensive, defamatory, unrelated to the products or infringes the rights of third parties may be moderated or deleted without notice.

18.1. These GTC/GTCU are governed by Belgian law (courts of the district of Brussels, Belgium). However, if the Client resides in another country of the European Union, he/she also benefits from the mandatory consumer protection provisions applicable in his/her country of residence.

 

18.2. In the event of a dispute, the Client is invited to contact the Company's customer service at the contact@thegigacompany.com address as a priority to try to resolve the dispute amicably.

 

18.3. In the event of proven non-payment, the Company reserves the right to transmit the file to a collection service provider and to pass on the actual collection costs to the defaulting Client, upon presentation of supporting documents.

 

18.4. In the event of failure to resolve the dispute, the Client may have recourse to a consumer mediator free of charge:

In Belgium: Consumer Mediation Service (www.mediationconsommateur.be)

In France: approved sectoral mediator (www.economie.gouv.fr/mediation-conso)

 

19.1. If any clause is declared null and void or unenforceable, the other clauses shall remain in force.

 

19.2. The failure of the Company to exercise any right provided for herein shall not constitute a waiver of such right.

 

19.3. These T&Cs/T&Cs constitute the entire agreement between the Company and the Client for the transactions to which they relate.

 

19.4. For any questions, the Client may contact the Company at contact@thegigacompany.com or + 32 496 55 92 02.