GIMMY PRODUCTS BV – 04/07/2025 

GIMMY Products BV is a company active in the sale of dietary supplements, located at Nieuwstraat 8, 9770 Kruisem, Belgium, with company number 0785.985.060 (hereinafter: GIMMY). GIMMY sells and supplies the Products as described in Article 1(l) of these General Terms and Conditions.

1. DEFINITIONS 

1.1. In these General Terms and Conditions, the following definitions apply:

1. Offer: the Customer’s written offer to purchase the chosen Products under the conditions set out in GIMMY’s Proposal.
2. Subscription: an Agreement for multiple Products as offered by GIMMY, with deliveries spread over time.
3. General Terms and Conditions: these general terms and conditions of GIMMY.
4. Consumer: a consumer as referred to in Article I. 1, 2° of the Belgian Code of Economic Law.
5. Day: calendar day.
6. Durable Medium: any means that enables the Customer or GIMMY to store information addressed to them in a way that allows future consultation and unchanged reproduction of the information.
7. Right of Withdrawal: the possibility for a Consumer to withdraw from a Distance Agreement within fourteen (14) days, as provided in Article VI.47 of the Belgian Code of Economic Law.
8. Customer: any natural person, including Consumers, or legal entity entering into an Agreement with GIMMY.
9. Model Form: the form made available by GIMMY in Article 7.3 of these General Terms and Conditions, by which a Consumer may exercise their Right of Withdrawal.
10. Agreement: these General Terms and Conditions, supplemented by any specific product terms, special provisions, and other legal documents expressly accepted by GIMMY, as presented to the Customer prior to contract conclusion.
11. Distance Agreement: an Agreement in which, as part of a system organized by GIMMY for distance selling of Products, up to and including the conclusion of the Agreement solely one or more remote communication techniques are used.
12. Parties: GIMMY and the Customer.
13. Products: all physical and/or digital goods and services offered by GIMMY, including but not limited to supplements or vitamin gummies (as a one-time order or subscription-based), trial kits, gift vouchers and other related goods or services.
14. Benefit Code: a code or voucher issued by GIMMY, including gift vouchers, discount codes and other promotional actions, which the Customer may redeem under certain conditions for a discount or other benefit.
15. Proposal: any communication or visual presentation by GIMMY, including information on the Website, intended to establish an Agreement with one or more (potential) Customers, which includes the essential characteristics and terms of the relevant Products.
16. Website: the website managed by GIMMY accessible via www.gimmyvitamins.com and all associated subdomains, on which GIMMY provides information about the Products and where orders can be placed.

2. APPLICABILITY

2.1. These General Terms and Conditions apply to every Proposal from and every Agreement with GIMMY (including Distance Agreements) and to orders placed by Customers with GIMMY.

2.2. Prior to concluding a Distance Agreement, the full Agreement, including these General Terms and Conditions, is made available to the Customer. If the Distance Agreement is concluded electronically, the Agreement may be made available electronically in a manner that allows easy storage on a Durable Medium. If this is not reasonably possible, it will be indicated where the Agreement can be consulted electronically and that it will be sent free of charge upon request. As far as the Customer is a Consumer, the Agreement may at their request always be sent free of charge.

3. FORMATION OF THE AGREEMENT

3.1. Any Proposal from GIMMY is non-binding and valid while stocks last or within the stated period, unless explicitly stated otherwise. GIMMY reserves the right to withdraw or amend a Proposal as long as it has not been expressly confirmed following the Customer’s Offer. Obvious errors or mistakes in the Proposal, including price or typographical errors, do not bind GIMMY.

3.2. GIMMY endeavours to display images, specifications and data truthfully. The Customer acknowledges, however, that the aforementioned are indicative and cannot give rise to compensation or dissolution of the Agreement. In particular, GIMMY cannot guarantee that the displayed colours exactly match the actual colours of the Products and that there will be no variation in colour and/or taste between different batches of Products.

3.3. The Products are offered solely for the Customer’s end use. Without prior written consent from GIMMY, resale of the Products is prohibited. GIMMY may at its discretion offer additional Products, such as samples or promotional benefits from third parties. These offers are non-binding and may be modified or withdrawn at any time without prior notice.

3.4. The Agreement is concluded at the moment GIMMY accepts the Customer’s Offer. GIMMY confirms or refuses the Offer electronically within a reasonable period after receipt. A Subscription is formed when the Customer places a first order (Offer) via the Website and explicitly agrees to regular deliveries of Products for an indefinite period. Any Subscription is entered into subject to the suspensive condition of sufficient availability of the relevant Products.

3.5. To the extent permitted by law, GIMMY may investigate whether the Customer can fulfil their payment obligations and any facts and factors relevant to responsibly entering into an Agreement. If GIMMY has good grounds, based on this investigation, not to enter into the Agreement, it may refuse an order or request or impose special conditions on the execution of the order.

4. PRICE

4.1. All prices of the Products are exclusive of shipping costs. Shipping costs are calculated additionally based on the delivery address provided by the Customer and are borne by the Customer.

4.2. GIMMY reserves the right to adjust prices. In the case of a Subscription, any price change will be communicated at least fourteen (14) days before its effective date. If the Customer objects, they have the right to terminate the Agreement within the aforementioned fourteen (14)-day period. If the Customer does not object in time and continues to accept the Products after the announced effective date, the change is deemed accepted.

4.3. GIMMY has the right at any time to implement price changes due to changes in VAT rates.

4.4. Additional or optional Products may incur extra charges. These are shown when placing the Offer.

4.5. Payments must be made via the offered payment options within the agreed term and, failing that, within fifteen (15) calendar days after the Customer’s Offer. GIMMY’s claims are immediately due and payable.

5. DELIVERY

5.1. GIMMY delivers the Products to the address specified by the Customer within a reasonable period after confirmation of the Offer and no later than thirty (30) days, unless explicitly agreed otherwise. The indicative delivery date is communicated at or after confirmation of the Offer. The Customer acknowledges and accepts that the exact delivery date depends on the chosen delivery option and carrier. GIMMY remains responsible for correct delivery until receipt by the Customer or a designated third party, unless the Customer has expressly chosen a carrier not offered by GIMMY.

5.2. Changes regarding a placed order or ongoing Subscription, including cancellation, suspension, address change or termination, must be communicated to GIMMY no later than seven (7) calendar days before the indicative delivery date. Changes may be submitted via the contact options on the Website or via the Customer’s online account on the Website, and become effective only once GIMMY has been informed in time.

5.3. The risk of loss or damage to the Products passes to the Customer from the moment of delivery to the specified address or upon receipt by a designated third party.

5.4. Shipping and delivery dates are indicative and not binding, unless explicitly agreed otherwise in writing. If GIMMY does not deliver within the agreed or the period referred to in Article 5.1, the Customer has the right to terminate the Agreement free of charge, provided GIMMY still fails to deliver within a reasonable period after a formal notice. In that case, GIMMY will refund all amounts already paid within fourteen (14) days after termination.

5.5. GIMMY may execute orders in partial deliveries. Each partial delivery is deemed a separate delivery with its own payment obligation.

5.6. GIMMY reserves the right to effect delivery only after receipt of payment of (i) the full amount for a one-time order, and (ii) the first “monthly instalment” for a Subscription. No earlier delivery may be invoked as precedent or acquired right.

5.7. If an ordered Product is unavailable, GIMMY may at its discretion deliver a functionally equivalent replacement Product. In that case, GIMMY will inform the Customer clearly and comprehensibly in advance. The Right of Withdrawal remains applicable upon delivery of a replacement Product.

5.8. Unless expressly provided otherwise for Consumers under the Right of Withdrawal, GIMMY does not offer a repurchase arrangement. Customers may not oblige GIMMY to repurchase or take back delivered Products, except as required by law.

6. SUBSCRIPTION-SPECIFIC PROVISIONS 

6.1. GIMMY creates a schedule and prepares deliveries before the shipping date. The Customer must notify any desired change to the Subscription (including cancellation or interruption) no later than seven (7) calendar days before the indicative shipping date, as set out in Article 5.2 of these General Terms and Conditions. After this period, changes can only take effect from the next delivery period and subject to GIMMY’s written confirmation.

6.2. The Customer may cancel or temporarily pause a Subscription after the second delivery, provided they notify GIMMY at least seven (7) calendar days before the next indicative delivery date in the manner specified in Article 5.2 of these General Terms and Conditions.

7. RIGHT OF WITHDRAWAL 

7.1. For a Distance Agreement, the Customer who is a Consumer may withdraw from the Agreement without giving reasons within fourteen (14) calendar days, in accordance with Article VI.47 of the Belgian Code of Economic Law (i.e. the Right of Withdrawal). This period begins the day after the Customer or their designated third party receives the Product.

7.2. The Customer must handle the Product and its packaging with care and may only use it to the extent necessary to ascertain the nature, characteristics, and functioning of the Product. The Right of Withdrawal cannot be exercised by the Customer for sealed Products not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery.

7.3. The Customer must inform GIMMY of their decision to withdraw within the withdrawal period. This can be done by using the Model Form below, which is also made available on the website of the FPS Economy.

Model Form for Withdrawal

7.4. After notification, the Customer has fourteen (14) calendar days to return the Product. Products must be returned in the same condition and manner as received. The burden of proof for a timely return lies with the Customer (e.g., by means of shipping proof).

7.5. The direct costs of return are borne by the Customer. GIMMY will refund the amount paid by the Customer within fourteen (14) days of the withdrawal notification, provided the Product has been received by GIMMY or the Customer provides conclusive proof of return.

7.6. For clarity, the Right of Withdrawal is excluded for delivery of: (i) Products that spoil quickly or have a limited shelf life; (ii) Products not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery; (iii) Products manufactured according to Customer specifications; and (iv) Products whose price depends on fluctuations in the financial market outside GIMMY’s control.

8. COMPLAINTS PROCEDURE AND GENERAL RETURN POLICY 

8.1. In case of complaints, the Customer must first contact GIMMY. GIMMY has a complaints procedure and handles complaints in accordance with that procedure.

8.2. Complaints regarding the performance of the Agreement and defects in the Products must be submitted to GIMMY within seven (7) calendar days of discovering the non-conformity or defect. Complaints must be complete and clearly described.

8.3. GIMMY aims to respond within seven (7) calendar days of receipt of a complaint. If more time is needed, GIMMY will acknowledge receipt within seven (7) calendar days and indicate when a substantive response will follow. A complaint does not suspend GIMMY’s obligations unless otherwise agreed in writing.

8.4. If a complaint is upheld, GIMMY will, at its discretion, replace or repair the relevant Product free of charge or propose another solution.

8.5. In case of repair following a justified complaint, GIMMY will bear the return shipping costs, provided the Customer returns the Product within the agreed period. Returns made without prior approval from GIMMY or outside the agreed period will not be accepted and will not entitle the Customer to a refund, replacement, reimbursement of return costs, or any other compensation.

8.6. If no amicable solution can be reached, a dispute arises and may be submitted to the courts as set out in Article 17.8.

9. BENEFIT CODES 

9.1. GIMMY may offer Benefit Codes. These must be activated by email or on the Website. Once redeemed, they become invalid. Benefit Codes are intended only for new Customers, unless explicitly stated otherwise. Customers with an ongoing Subscription are not eligible for Benefit Codes.

9.2. Benefit Codes (i) are strictly personal and may not be shared; (ii) can only be redeemed on the Website; (iii) are not combinable with other promotions or Benefit Codes; (iv) are not redeemable for cash; (v) may be limited to specific Products or excluded for certain additional or one-off Products; and (vi) may not be used to supply Products to persons other than the Customer.

10. USE OF THE PRODUCTS

10.1. The information about the Products provided by GIMMY via the Website, social media, customer service or other channels is for general information only and does not replace medical advice. GIMMY is not a medical provider and cannot diagnose, advise treatments or provide medical guarantees.

10.2. If in doubt about the use of the Products, potential allergies, underlying health issues or interactions with medication, the Customer is advised to consult a physician or other qualified healthcare provider.

10.3. The Customer is responsible for ascertaining whether the Products are suitable for their personal situation and health condition. GIMMY cannot be held liable for damage resulting from incorrect or inappropriate use of the Products in violation of this disclaimer, product information or medical recommendations.

11. CUSTOMER OBLIGATIONS 

11.1. The Customer guarantees that all information provided to GIMMY is up-to-date, accurate and complete.

11.2. The password created and used by the Customer to log into their account on the Website must not be disclosed to third parties. It must be kept secure. In case of loss or disclosure, the Customer must notify GIMMY in writing. The Customer assumes full responsibility for misuse, including unauthorized orders by third parties, and for resulting damages or claims. To the extent permitted by law, GIMMY cannot be held liable for damage resulting from inaccurate information and/or loss of the password.

11.3. The Customer is obliged to follow all usage instructions, warnings and product labels communicated by GIMMY. GIMMY is not liable for damage resulting from failure to comply therewith, as provided in Article 13.2 of these General Terms and Conditions.

12. WARRANTY 

12.1. The Products include perishable items with a limited shelf life. Warranty and return rights apply only to defects existing at delivery and arising within the shelf life. Damage or spoilage due to incorrect use or after the expiration of the shelf life is not covered by the warranty. Returns are only accepted if the Product is unopened and within its expiration date.

13. LIABILITY 

13.1. To the extent permitted by law, GIMMY is only liable for direct material damage or personal injury suffered by a Customer, provided such damage is the direct and exclusive result of a culpable breach by GIMMY, or intent or gross negligence by GIMMY or its employees. To the extent permitted by law, GIMMY’s liability is limited to the amount of payments made by the Customer to GIMMY in the twelve (12) months preceding the damaging event and in no event for indirect damage, including consequential loss, lost profits, or reputational damage.

13.2. GIMMY is in no event liable for damage resulting from (i) inaccurate information provided by the Customer or third parties; (ii) loss or unauthorized use of a password; and (iii) failure to comply with product labels, usage instructions and warnings by the Customer or third parties. The Customer indemnifies GIMMY against all third-party claims in this regard.

13.3. GIMMY is not liable for non-performance of the Agreement and damage due to an unforeseeable cause beyond its reasonable control (“force majeure”), including but not limited to: strikes, illness, pandemics, epidemics, fire, supplier failures, transport issues, weather conditions, violence, riots, insurrections, cyber-attacks, governmental measures or other unforeseen circumstances involving third parties on which GIMMY relies in performing the Agreement.

13.4. The Parties agree to exclude the application of Article 6.3 §2 of the Belgian Civil Code, thereby excluding the provisions on non-contractual liability between the Customer and any agents, subcontractors, directors, employees, principals and all other representatives of GIMMY for any claims arising from or in connection with the performance of the Agreement.

13.5. If any provision of this Article 13 or part thereof is declared null or unenforceable under mandatory law, this does not affect the validity or enforceability of the remaining provisions. In that case, the relevant provision is deemed limited or adjusted to the maximum permissible extent under the applicable law so that it remains valid and enforceable.

14. FRAUD

14.1. GIMMY reserves the right, on suspicion of inappropriate, fraudulent or otherwise unlawful activities, to temporarily suspend or permanently terminate an account, order, Offer or Subscription, without GIMMY being liable for any compensation and without prejudice to GIMMY’s right to claim damages. Such measures include but are not limited to: misuse of Benefit Codes, use of false data, attempts to resell in violation of Article 3.3, payment fraud or systematic, manifest abuse of the Right of Withdrawal contrary to the purpose of consumer protection.

14.2. In this context, GIMMY conducts internal checks based on data such as name, phone number, delivery address, email address and/or payment method.

14.3. GIMMY also reserves the right, without prior notice, to cancel previously issued Benefit Codes or refuse future participation in the event of motivated suspicion of misuse or repeated unlawful behavior.

15. INTELLECTUAL PROPERTY RIGHTS 

15.1. All intellectual property rights (including but not limited to copyrights, database rights, trademark rights, design rights, patent rights and know-how) relating to the Website, the Products, the developed concept, the name ‘GIMMY’, GIMMY’s logos, texts, images, videos, software, formulas, recipes, packaging forms and all other content or materials provided or used by GIMMY in the context of its activities are exclusively owned by GIMMY or its licensors.

15.2. If and to the extent the Customer publishes or communicates content (such as feedback, reviews, photos or other contributions) via the Website or other channels regarding this Agreement and/or the Products, the Customer grants GIMMY a free, worldwide, transferable, sublicensable, exclusive license to use, reproduce, distribute, adapt, publish and disclose that content in the context of GIMMY’s business activities, both online and offline, without further consent or compensation.

16. PRIVACY

16.1. GIMMY processes personal data in accordance with its privacy statement, available on the Website. Questions or requests may be directed to info@gimmy.be. When placing an order or Offer, GIMMY may use the provided email address for marketing similar products. Unsubscribing is possible via the link in the email, on the Website or via customer service.

17. MISCELLANEOUS

17.1. If any provision of these General Terms and Conditions is declared wholly or partly invalid or void, the remaining provisions remain fully in force. The affected provision will be replaced by a valid provision that best approximates the intent and purpose of the original provision.

17.2. In situations not expressly regulated by these General Terms and Conditions, the Parties shall act in the spirit of these General Terms and Conditions. Any ambiguities in the interpretation or content of one or more provisions shall be interpreted in light of the intent of those provisions and the spirit of these General Terms and Conditions as a whole.

17.3. GIMMY is entitled to assign its rights and obligations under the Agreement, in whole or in part, to a third party, for example in the event of a merger, acquisition or transfer of activities. In that case, the Customer will be appropriately informed. The Customer may not assign their rights or obligations under the Agreement without GIMMY’s prior written consent, unless permitted by law.

17.4. Unless otherwise provided, notices from GIMMY to the Customer are validly given via the email or postal address provided by the Customer. Notices from the Customer to GIMMY must be made using the contact details stated on the Website.

17.5. These General Terms and Conditions, together with the other parts of the Agreement and the information on the Website expressly referenced by GIMMY, constitute the entire agreement between the Parties regarding its subject matter and replace all prior written and oral agreements, proposals, communications or statements concerning the same subject.

17.6. Deviations from or additions to the Agreement (including but not limited to the Customer’s general terms and conditions) are only binding if expressly accepted in writing by GIMMY.

17.7. GIMMY reserves the right to amend or supplement these General Terms and Conditions at any time. Changes take effect fourteen (14) days after publication on the Website or on a later date as specified in the notice. If the Customer does not agree to the changes, they may terminate the Agreement before the new terms take effect.

17.8. All Agreements to which these General Terms and Conditions apply are governed exclusively by Belgian law, excluding the CISG. All disputes arising out of or in connection with the Agreement are subject to the exclusive jurisdiction of the courts of Antwerp, Antwerp Division, Belgium. This applies even if the Customer is established or resides abroad.