General Terms and Conditions for Consumers

1 Scope of Application

These General Terms and Conditions for Consumers (“GTC”) apply to all contracts concluded by Active Nutrition International GmbH, with its registered office at Zielstattstraße 38, D - 81379 Munich, service@powerbar.eu, telephone: +49 (0) 89 50 200 71 (hereinafter “ANI” or “we”) with a customer who qualifies as a consumer pursuant to § 13 of the German Civil Code (BGB), i.e., any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (“you”), based on online orders placed via ANI’s website (“Website”).

2 Conclusion of the Contract

2.1 The products displayed on our Website constitute a non-binding product catalog. Our product listings are non-binding and do not constitute an offer to enter into a purchase contract.
By placing an order via the Website, you are submitting a binding offer to purchase the respective products and thereby to enter into a sales contract (“Contract”).
To place an order, you can first add our products to your shopping cart without obligation and then correct your entries at any time by using the “Back” button on your browser before you submit a binding order. In the shopping cart itself, you can change the quantity of a product or remove a product from the shopping cart at any time. You must then enter all information relevant to processing the order (first and last name, billing and shipping addresses, selection of a payment method and payment details, email address). During the ordering process, we provide technical tools in the form of standard completeness and validity checks (verifying that all required fields have been filled out and that the characters entered match the corresponding required field) to help you identify any input errors. Your order details will then be summarized once more for review. By clicking the “Place Binding Order” button, you are placing a binding order for the products contained in your shopping cart. You may only place a binding order if you agree to these Terms and Conditions and if you have acknowledged the Privacy Policy and the Cancellation Policy in accordance with Section 10.2 by checking the boxes “I agree to the Terms and Conditions” and “I have read the Cancellation Policy and the Privacy Notice,” respectively, before clicking the aforementioned “Place Order with Obligation to Pay” button. The Terms and Conditions can be printed using the “Print” function and saved on the website using the “Save” function.

2.2 We will immediately confirm receipt of your order via email (“Confirmation of Receipt”). The Confirmation of Receipt does not constitute acceptance of your order unless such acceptance is expressly stated; in this case, the contract is concluded upon acceptance. Furthermore, a contract is concluded at the time the ordered products are shipped in accordance with Sections 4.1 and 4.2 and you receive a separate email from us containing the shipping information (“Shipping Confirmation”). The Shipping Confirmation will also include all details of the contract (including the order information, these Terms and Conditions, and the Privacy Policy).
If acceptance of your order is not expressly stated in the order acknowledgment and your products are not shipped within five business days of receipt of the order acknowledgment, your offer to enter into the contract is deemed rejected.
If you have selected PayPal as your payment method in accordance with Section 5.2(b), the contract is concluded at the time you confirm the payment instruction to PayPal (or, under certain circumstances, Google Pay, Apple Pay, and credit cards).

2.3 The products displayed on the website may only be purchased in quantities typical for household use (maximum of 50 products per order).

2.4 You may place an order as a guest without registering. You may also register and create a customer account (“Customer Account”) when placing an order on our website in accordance with Section 3 below. If you create a customer account when placing an order, the details of your order and the contract will be stored there; you can then view your order in your customer account. In addition, we will send you the order details and these General Terms and Conditions together with the shipping confirmation in accordance with Section 2.2, Paragraph 1.

2.5 The language available for the conclusion of the contract is exclusively German. We store the contract text in compliance with data protection regulations and send you the order details and our Terms and Conditions in text form as part of the order confirmation. You can view the contract text in your customer account.

2.6 You have the right to cancel the contract in accordance with the cancellation policy set forth in Section 10.2.

3 Registration, Customer Account, and Data Protection

3.1 To register on our website, you must complete the required fields of the registration form correctly and in full. Registration is considered successfully completed once you have received a confirmation email from us. After successful registration, a personal Powerbar number for your customer account (“ID”) will be created for you, which is linked to the email address you provided. This ID is non-transferable and grants you access to your customer account.

3.2 You must keep your personal login credentials secure to prevent access by third parties. If third parties nevertheless gain knowledge of your login credentials, you must notify us immediately and change your login credentials. You must also ensure that the information you provide is up to date for every order.

3.3 For more information on how we handle your personal data, please see our Privacy Policy.

4 Delivery Terms

4.1 We ship orders exclusively via our shipping service. We ship products to the delivery address provided during the ordering process within Germany only. Unfortunately, in-person pickup of products is not possible.

4.2 The delivery times we specify are calculated from the date of our order confirmation. Delivery within Germany takes place within two to four business days, unless different delivery times for the respective product are specified on the website.

4.3 If a contract is concluded and our supplier fails to make the delivery relevant to the products you ordered, the delivery period specified in Section 4.2 shall be extended by three business days following delivery by our supplier, but in no case by more than three weeks, provided that we are not responsible for the late delivery by our supplier due to fault or negligence and that we have immediately placed a corresponding order with the supplier.

4.4 If a product is permanently unavailable or cannot be delivered on time in accordance with Section 4.2, we will notify you immediately. If a product is unavailable and delivery by our supplier cannot be guaranteed in the foreseeable future, we are entitled to withdraw from the contract. In this case, we will refund any payments you may have already made in connection with the order. Your rights in connection with a delay in delivery remain unaffected by this Section 4.4.

4.5 We are entitled to deliver the products you have ordered in a single order in partial shipments, provided that the products can be used individually. We will cover any additional shipping costs resulting from this.

5 Terms of Payment

5.1 The prices listed on the website at the time of the order apply. These are listed as total prices in euros, including applicable sales tax and excluding any shipping costs. Shipping costs are automatically calculated in your shopping cart and displayed in the order summary in accordance with Section 2.1, Paragraph 3.

5.2 The following payment methods are generally available in our store.
(a) Credit Card
You will enter your credit card information during the ordering process. Your card will be charged at the time your order is accepted in accordance with Section 2.2.
(b) PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your login credentials, and confirm the payment instruction. The payment transaction is processed by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence over the offering of these methods; any additional payment methods offered on an individual basis pertain to your legal relationship with PayPal. You can find more information on this in your PayPal account.
(c) Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have the Google Pay feature enabled, authenticate yourself using your login credentials, and confirm the payment instruction. Depending on the payment method you have on file with Google Pay, the actual invoice amount will be charged immediately after authorization or at the time your order is accepted in accordance with Section 2.2. You will receive further information during the ordering process.
(d) Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have enabled the Apple Pay feature, authenticate yourself using your login credentials, and confirm the payment instruction. Depending on the payment method you have on file with Apple Pay, the actual invoice amount will be charged immediately after authorization is granted or at the time your order is accepted in accordance with Section 2.2. Further information will be provided during the ordering process.

5.3 In the event of late payment, we are entitled to our statutory rights.

6 Retention of Title

The product remains our property until full payment has been made.

7 Transfer of Risk

The risk of accidental loss and accidental deterioration of the products passes to you upon delivery of the products to you.

8 Rights in Case of Defects, Warranties, Customer Service, and Shipping Damage

8.1 Rights in Case of Defects
The statutory rights in case of defects apply. Claims for damages due to defects are subject to the statutory provisions, as modified by the provisions in Section 9. If a defect exists, you are entitled to subsequent performance (repair or replacement). If the subsequent performance fails, you may reduce the purchase price appropriately or withdraw from the contract. The statute of limitations for claims for defects is two years from receipt of the products. These rights exist independently of any voluntary warranties provided by the manufacturer or by ANI.

8.2 Warranties and Customer Service
Information regarding any applicable additional warranties and their specific terms can be found with each product and on dedicated information pages in the online store.
In the event of defects, please contact our customer service via email at service@powerbar.eu or by phone Monday through Friday from 8:00 a.m. to 4:00 p.m. at +49 (0) 89 50 200 71. The costs incurred in connection with this depend on your service provider and country. Your claims remain unaffected, of course.

8.3 Shipping Damage
If products are delivered with obvious shipping damage, please report such defects to the delivery carrier as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance company.

9 Liability

9.1 We are always liable, regardless of the nature of the breach of our contractual obligations—including tort—if the breach is due to willful misconduct or gross negligence.

9.2 In the event of a breach of material contractual obligations—the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contracting party regularly relies and is entitled to rely— (cardinal obligations), we shall be liable for any breach resulting from negligence; however, in cases of slight negligence on our part, our liability shall be limited to the amount of damage foreseeable at the time the contract was concluded and which typically must be expected to occur. This limitation of liability applies equally to damages caused by gross negligence on the part of ANI’s employees or agents who are not officers or executives of ANI.

9.3 Limitations and exclusions of liability pursuant to this Section 9 shall not apply
•    in the event of injury to life, limb, or health,
• in the event of fraudulent concealment of defects,
• to the extent that we have assumed a warranty of quality or durability,
or
• to the extent that the scope of application of the Product Liability Act applies.

9.4 To the extent that our liability is excluded or limited under this Section 9, this also applies to our employees, representatives, and agents.

10 Right of Withdrawal

10.1 You have a right of withdrawal in accordance with the following provisions.

10.2 Cancellation Policy
Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the last item.

To exercise your right of withdrawal, you must notify us (Active Nutrition International GmbH, Zielstattstraße 38, 81379 Munich, Germany, service@powerbar.eu, Phone: +49 (0) 89 50 200 71) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached model withdrawal form for this purpose, but this is not required.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first. 

You must return the goods to us without delay and, in any event, no later than fourteen days from the day on which you notify us of your withdrawal from this contract, to:
Active Nutrition International GmbH,
c/o Dirks-fulfillment GmbH
Wilhelm-Sinsteden-Straße 5,
47533 Kleve, Germany

The deadline is met if you ship the goods before the fourteen-day period expires.

You are responsible for the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their condition, characteristics, and functionality.

10.3 Sample Withdrawal Form
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)

– To Active Nutrition International GmbH, Zielstattstraße 38, 81379 Munich, Germany, service@powerbar.eu

– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for written notices)

– Date

---
(*) Delete as appropriate.

10.4 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to the following contracts:

• Contracts for the delivery of goods that are likely to spoil quickly or whose expiration date would be quickly exceeded.
• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery.
  

10.5 Return Labels
Without prejudice to your statutory rights, free return labels for your return shipment within Germany will be provided to you via email. If you use these return labels, the return shipment is free of charge for you. The return label will be provided to you via email. You can drop off the return at a package drop-off location of the respective parcel service provider in Germany.

11 Code of Conduct

We have committed to the following code of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

12 Agreement on the Use of Trusted Shops

You can protect orders placed with us free of charge up to an order value of 100 euros through the Trusted Shops SE Buyer Protection program. In addition, Trusted Shops offers paid protection in collaboration with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here. You can activate Buyer Protection by clicking the corresponding button on the so-called Trustcard, which appears as a pop-up on the order confirmation page after you place an order. In order to offer you Buyer Protection, the Trustcard must access order data stored in your browser’s cache. Access is strictly local, and no order data is transmitted to Trusted Shops until you actively opt in to Buyer Protection or have consented to the transmission of order data to Trusted Shops. Once you have given your consent, a hash value of your email address, along with the order number and order total, will be transmitted to Trusted Shops. If you are already registered for Buyer Protection, your order is automatically covered. If you are not yet registered for Buyer Protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is included in the Buyer Protection Terms and Conditions linked above

13 Right of Set-off and Right of Retention

You are prohibited from offsetting claims or exercising rights of retention based on disputed counterclaims or counterclaims that have not been legally established. You are also prohibited from exercising rights of retention to the extent that counterclaims are not based on the same contractual relationship.

14 Dispute Resolution

We are neither willing nor obligated to participate in alternative dispute resolution proceedings in consumer matters pursuant to the Consumer Dispute Resolution Act (VSBG).

15 Governing Law, Jurisdiction

15.1 The law of the Federal Republic of Germany applies. However, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by provisions from which, under the law that would have been applicable in the absence of a choice of law based on statutory provisions, it is not permitted to deviate by agreement.

15.2 The exclusive place of jurisdiction is Munich, Germany, if you do not have a general place of jurisdiction in Germany, if you move your place of residence or habitual abode outside of Germany after the conclusion of the contract, or if your place of residence or habitual abode is unknown at the time the action is filed. In all other cases, the place of jurisdiction for claims by ANI against you is your place of residence.

16 Severability Clause

Should individual provisions of these Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. To the extent that individual provisions are invalid, the content of the contract shall be governed by the applicable statutory provisions.