Terms and Conditions
Terms and Conditions – Webshop (B2C) of Active Nutrition International GmbH, Zielstattstraße 42, 81379 Munich

1 Scope and contractual partners

1.1 The following General Terms and Conditions (‘GTC’) apply to all orders for products (“Products”) advertised by us in our online shop (‘Online Shop’). Our Online Shop is aimed exclusively at consumers.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.3 The purchase contract is concluded with Active Nutrition International GmbH (‘ANI’).

2 Conclusion of contract and information on the ordering process

2.1 The offers are directed exclusively at consumers who have their delivery address in the United Kingdom.

2.2 Before placing your order, you can log in with your existing customer account or open an account for the online shop. However, you can also place your order as a guest.

2.3 To open an account, you must provide information about yourself. Your email address will be used as your login name. We may prohibit you from using the online shop and your account if you provide an invalid email address. You are obliged to choose a secure and complex password, to treat it as confidential and not to disclose it to third parties.

2.4 You are obliged to update the information stored in your account immediately if it changes.

2.5 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Before you submit your order, all the products you have selected, their total price including taxes and duties, the method of calculating the total price (if applicable), any additional delivery, shipping or other costs, and any additional services you have selected will be displayed again in a window for review. You can then identify any input errors and correct them before submitting your binding order. The contractual provisions, including the General Terms and Conditions, can be accessed again before the contract is concluded and saved in a reproducible form. By clicking on the ‘Place order’ button, you submit your order and thus make a legally binding offer.

 

2.6 Receipt of your order will be confirmed by email immediately after you submit your order. This confirmation of receipt does not constitute acceptance of your order. If the products you have ordered are no longer in stock, we will inform you accordingly and reject your order; in this case, no contract will be concluded.

2.7 A purchase contract between you and ANI is only concluded when we confirm your order by sending a second email confirming the dispatch of the product (dispatch or order confirmation) or by delivering the ordered product within fourteen calendar days of sending your order.

2.8 The contract can only be concluded in German.

3 Delivery

3.1 Delivery periods and delivery dates are specified in the order process.

3.2 If you order multiple products, different delivery times may apply. Partial deliveries are permitted, provided they are reasonable for the customer.

3.3 Products are only delivered to delivery addresses within Germany.

4 Prices, terms of payment

4.1 The purchase prices of the products are determined by the prices valid at the time of ordering in the online shop. All prices are listed in euros and include the applicable statutory value added tax. All other costs, such as delivery and shipping costs, are shown separately before you place your binding order.

4.2 The payment methods offered in the online shop are available to you for payment. We reserve the right to exclude individual payment methods and to refer to the remaining payment methods. We would like to point out that when selecting certain payment methods, you may have to agree to the general terms and conditions of the respective payment service provider.

4.3 Invoice amounts are due for payment immediately and without any deductions.

4.4 When purchasing on account, the invoice amount is due for payment to our external partner Unzer GmbH on the calendar day specified in the invoice (14 calendar days after the invoice date).

4.5 In the case of payment by credit card, PayPal or instant transfer, by placing your order you authorise us or the respective payment service provider behind the payment method to charge your EC or credit card with the purchase price or to debit the purchase price from your PayPal account or bank account.

4.6 When purchasing on account and paying by direct debit, we assign our payment claim in the amount of the purchase price to Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg. Unzer GmbH acts in its own name and on its own account when processing payments. In this case, you can only make payments to Unzer GmbH with debt-discharging effect. However, we remain responsible for general customer enquiries (e.g. regarding goods, delivery times, shipping), returns, complaints, declarations of revocation and returns or credit notes.

4.7 When purchasing on account and paying by direct debit, we transfer the necessary payment transaction data to Unzer GmbH, which is then stored on Unzer GmbH's servers. The purchase on account payment method is not available for all offers and requires, among other things, a successful credit check by Unzer GmbH. Unzer GmbH may obtain this credit information from external service providers such as SCHUFA Holding AG, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Arvato Infoscore GmbH, Deltavista GmbH, Universum Business GmbH, Bisnode International Group, Regis24 GmbH or Creditreform AG (‘credit assessment partners’).

4.8 When paying by direct debit, you will be asked to provide Unzer GmbH with your bank details (IBAN and BIC). You are obliged to ensure that there are sufficient funds in your account so that the direct debit can be collected. You shall reimburse Unzer GmbH for any costs incurred as a result of a chargeback due to insufficient funds, incorrect bank details or an unauthorised objection to the debit on your part, insofar as you are responsible for these costs.

4.9 You are only entitled to offset if your counterclaim is undisputed, ready for decision or has been legally established.

4.10 You are only entitled to assert a right of retention if your counterclaim is based on the same contractual relationship and is undisputed, ready for decision or has been legally established.

5 Your rights in the event of defects

In the event of defects, you are entitled to the statutory rights in respect of defects. Clause 7 applies to claims for damages.

6 Agreed quality and warranty

6.1 The agreed quality of the products is described in the respective product description or specifications provided in the online shop (‘agreed quality’).

6.2 The information and specifications contained in the product description do not constitute a guarantee of the quality of the products or any other guarantee, unless they have been expressly designated as such by ANI.

7 Liability and compensation

7.1 ANI's liability for damages due to simple negligence, regardless of the legal basis, is limited as follows:

(i) In the event of a breach of essential obligations arising from the contractual relationship, ANI's liability is limited to the amount of damage typically foreseeable at the time the contract was concluded;

(ii) ANI shall not be liable for the breach of non-essential obligations arising from the contractual relationship. Essential contractual obligations are those contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely, and whose breach, on the other hand, would jeopardise the achievement of the purpose of the contract.

7.2 The aforementioned limitations of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act). These limitations shall also not apply if damages are the result of injury to health, body or life or the result of the absence of a guaranteed quality of the service.

7.3 Sections 7.1 and 7.2 apply accordingly to ANI's liability for futile expenses.

7.4 You are obliged to take reasonable measures to prevent and mitigate damage.

8 Customer service

If you have any questions, complaints or objections, you can contact our customer service team by email at dymatize-shop@active-nutrition-international.com or by telephone, fax or post using the contact details provided in the legal notice.

9 Data protection

Please note our privacy policy, which you can access at any time at https://www.dymatize-athletic-nutrition.com/de_DE/datenschutzerklaerung.

10 Right of withdrawal

As a rule, the customer has a statutory right of withdrawal after conclusion of the contract, about which ANI will inform the customer separately.

11 Final provisions

11.1 The European Commission provides a platform for online dispute resolution. This gives you the opportunity to resolve disputes in connection with your online order without first involving a court. The platform can be found at http://ec.europa.eu/consumers/odr/. ANI is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11.2 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In addition, the mandatory consumer protection provisions applicable in the country in which the customer has their habitual residence apply, provided that these offer the customer further protection.