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.

Facebook Policy
Privacy policy for our Facebook fan page

Active Nutrition International GmbH, Zielstattstraße 42, 81379 Munich, Germany, telephone: +49 (0) 89 5020070, Email: info@active-nutrition-international.com (‘ANI’, “we” or ‘us’) operates this fan page on the Facebook platform. Your data is therefore processed by us and, above all, by Facebook. Below, we describe what data we process on the fan page and for what purposes, and explain our relationship with Facebook. For information on how Facebook processes your personal data, please read Facebook's privacy policy (https://de-de.facebook.com/policy.php).

1 What personal data does ANI process when you use our fan page, and for what purposes?

When you use our fan page, we process the following personal data:

1.1 Technical usage data

When you use our fan page, we process technical information about your visit to our fan page, such as the IP address of your device, the time of your visit to our fan page and the website from which you are visiting us.

We process this data for technical administration and to provide the fan page, and to obtain statistical information about the use of our fan page as its operator.

Article 6(1)(f) GDPR (balancing of interests) is the legal basis for the processing of this data. Our interest here is the administration and improvement of the fan page.

1.2 Statistical usage data

Information about visits to pages, posts, videos, stories or other content associated with the fan page, interactions with a story, subscriptions, likes of posts, recommendations of posts or comments, shares, reactions or comments on posts, reports of posts or hiding posts, clicks on links on other pages that lead to the fan page, mouse movements over names or profile pictures to preview content, clicks on buttons on a fan page, and the device (computer or mobile device) you are logged in with, views of and reactions to events, clicks on a link for event tickets, initiating a Messenger conversation, visiting fan page shops, including information about such actions as the date and time of the action, country/city (estimated based on the IP address or, for logged-in users, imported from the user profile), language code (from the browser's HTTP header and/or language setting), age/gender groups (from the user profile, only for logged-in users), previously visited web pages (from the browser's HTTP header), whether the action was performed on whether the action was performed on a computer or a mobile device (from the browser user agent or app attributes) and the Facebook user ID (only for logged-in users) (‘usage data’) only in aggregated, i.e. summarised form via the Facebook tool ‘Page Insights’ (https://www.facebook.com/business/a/page/page-insights and https://de-de.facebook.com/legal/terms/information_about_page_insights_data) (‘Insights data’). We cannot assign Insights data to your person.

We process this data for technical administration and to provide the fan page, and to obtain statistical information about the use of our fan page as its operator.

Article 6(1)(f) GDPR (balancing of interests) is the legal basis for the processing of this data. Our interest here is the administration and improvement of the fan page.

We and Facebook are so-called ‘joint controllers’ for the processing of the insights data. This means that Facebook and we process this data with the common purpose of learning about the usage behaviour of visitors to our fan page. As the operator of the platform, Facebook collects detailed usage data from you; we only receive the summarised Insights data from Facebook. Therefore, only Facebook makes decisions about the processing of usage data in connection with Page Insights. In the event of such joint responsibility, the EU General Data Protection Regulation requires us to enter into a contract with Facebook. You can access this contract here: https://www.facebook.com/legal/terms/page_controller_addendum. It contains further details and explanations regarding joint responsibility with Facebook in the context of Insights.

1.3 Likes, posts and messages

When you use our fan page, we process:

Your Facebook username and profile picture,
Your click interactions with our posts (‘likes’, ‘shares’, etc.) and
Your comments, posts, messages and other content that you make available to us on the fan page.

We process this data in order to provide you and other users of the fan page and our other media offerings with your content, the fan page and the fan page experience.

Article 6(1)(b) GDPR (performance of a contract) is the legal basis for the processing of this data. The contractual relationship between us is your use of the fan page. In cases where your content is used on other ANI media offerings, the legal basis for processing is Article 6(1)(f) GDPR (balancing of interests). Our interest here is to inform our fans and users of our media offerings.

1.4 Other uses of our fan page

In individual cases where data processing is not necessary for the performance of a contract, we process your personal data on the basis of your consent. In such cases, we will provide you with further details on this data processing in connection with obtaining your consent.

2 Further information

Further information on data processing by ANI, in particular on the data protection officer and your rights, can be found in the privacy policy at https://active-nutrition-international.com/privacy-policy, which also applies to this fan page privacy policy in these respects.

Information about our use of cookies such as the Facebook ‘pixel’ can be found in our cookie policy at https://active-nutrition-international.com/cookie-policy.

3 Data processing by Facebook

All other personal data processed when you use Facebook is not processed by us, but by Facebook. We have no access to this data. The processing of your personal data by Facebook is subject to Facebook's privacy policy (https://de-de.facebook.com/policy.php).

3.1 Data transfer to the USA

In order to provide the fan page on the Facebook platform, your personal data is processed by Facebook Ireland Limited and transferred to Facebook, Inc. in the USA (as well as other third countries, as described at https://de-de.facebook.com/policy.php&nbsp). However, Facebook has committed itself to the principles of the EU-US Privacy Shield. For more information, please visit: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active. The EU-US Privacy Shield is a mechanism accepted by the EU for transferring personal data from Europe to the USA.

3.2 Use of cookies by Facebook

When you visit Facebook – regardless of our fan page – Facebook places cookies and similar trackers on your device. If you are also logged in to Facebook as a user, Facebook is able to track that you have visited this fan page and how you have used it. This also applies to all other Facebook fan pages.

Facebook describes in general terms in its data policy which cookies Facebook uses and what information Facebook receives via the cookies, how they are used, how long they are stored by Facebook and with which third-party partners they are shared. There you will also find information about how to contact Facebook and how to adjust your advertising settings. The data policy is available at the following link: https://de-de.facebook.com/policy.php.

You can delete Facebook cookies here, for example: http://www.youronlinechoices.com/de/praferenzmanagement/.

Terms of Use

The following terms of use govern the use of the website www.dymatize-athletic-nutrition.com&nbsp (‘website’). This website is operated by Active Nutrition International GmbH, Zielstattstraße 42, 81379 Munich (hereinafter referred to as ‘Dymatize’).

1. General

Use of the website is permitted exclusively on the basis of the following terms of use. By logging in, or, if a separate login is not required, by using the website, the user accepts the validity of these terms of use in their current version.

Dymatize compiles the content of this website with great care and ensures that it is updated regularly. Nevertheless, errors may occur. Each user remains responsible for checking the accuracy, completeness and timeliness of the information provided. Dymatize does not guarantee the timeliness, accuracy and completeness of the information or uninterrupted access at all times. Dymatize also points out that the information on the website is of a general nature and is not tailored to the specific needs of individual cases.

Liability claims against Dymatize arising from the use of incorrect and/or incomplete information are generally excluded, provided that Dymatize has not acted with gross negligence or intent.

Dymatize reserves the right to make changes or additions to the information provided without prior notice.

If Dymatize refers to third-party websites (links, e.g. Facebook, Twitter, etc.), Dymatize accepts no responsibility for the content of the linked sites. By clicking on the link, you leave the Dymatize website. Different regulations may therefore apply to third-party websites, particularly with regard to data protection.

2. Copyright

All content on this website, in particular logos, video clips, films, photos, texts, business names and trademarks, is protected by copyright and ancillary copyright. Any reproduction, distribution, storage, transmission, broadcast and reproduction or retransmission of the content is expressly prohibited without the written permission of Dymatize.

All trademarks used on the Dymatize websites are owned by either Active Nutrition International GmbH or one of its affiliated companies. Third parties are prohibited from using any of the trademarks, logos or symbols.

3. Final provisions

Should individual provisions of these Terms of Use be invalid or should the Terms of Use contain a loophole, the validity of the remaining provisions shall remain unaffected.

Dymatize reserves the right to change these Terms of Use at any time at its sole discretion by posting the revised Terms of Use on the website. It is the responsibility of users to regularly check the Terms of Use for changes. Any use of the website is subject to the Terms of Use in effect at that time.

These Terms of Use are governed by German law, unless mandatory foreign law applies.

As of March 2017

Imprint

Active Nutrition International GmbH
Zielstattstraße 38
D - 81379 Munich

Telephone: +49 (0) 89 50 200 72
Fax: +49 (0) 89 50 20 07 77
Email: info@dymatize-athletic-nutrition.com

Managing Directors: Craig Rosenthal, Marc Mollere

Responsible person within the meaning of Section 55 (2) RStV: Niko Stachos

Munich Local Court, HRB 135076
VAT ID No.: DE813135997

DYMATIZE® is a registered trademark of Premier Nutrition Corporation, used under licence.

Information on online dispute resolution:
The European Commission provides a platform for online dispute resolution.
This gives you the opportunity to resolve disputes relating to your online order without involving a court.
The platform can be found at http://ec.europa.eu/consumers/odr/.

Dymatize is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.