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, headquartered at Zielstattstraße 38, D - 81379 Munich, service@powerbar.eu, telephone: +49 (0) 89 50 200 71 (hereinafter ‘ANI’ or ‘we’) with a customer who is considered a consumer in accordance with § 13 BGB (German Civil Code), i.e. any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (“you”), on the basis of online orders placed via the ANI website (‘website’).

2    Conclusion of contract

2.1    The products displayed on our website constitute a non-binding product catalogue. Our product offers are non-binding and do not constitute an offer to conclude a purchase contract.
By placing an order via the website, you are making a binding offer to purchase the respective products and thus to conclude a purchase contract (‘contract’).

To place an order, you can first add our products to your shopping basket without obligation and then correct your entries at any time by using the ‘Back’ button on your browser before you place a binding order. In the shopping basket itself, you can change the quantity of a product or remove a product from the shopping basket at any time. You must then enter all data relevant for processing the order (first and last name, billing and delivery address, selection of a payment method and payment details, email address). During the ordering process, we provide you with technical means in the form of a standard completeness and plausibility check (checking whether all mandatory fields have been filled in and whether the characters entered match the corresponding mandatory field), which you can use to identify any input errors. Your order details will then be summarised for review. By clicking on the ‘Place order’ button, you are submitting a binding order for the products contained in your shopping basket. You can only place a binding order if you agree to these General Terms and Conditions and if you have taken note of the data protection notice and the cancellation policy in accordance with Section 10.2 by ticking the boxes ‘I agree to the General Terms and Conditions’ and ‘I have read and understood the cancellation policy and the privacy policy’ before clicking on the aforementioned ‘Place order’ button. The General Terms and Conditions can be printed out using the “Print” function and saved on the website using the ‘Save’ function.

2.2    We will immediately confirm receipt of your order by 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. Otherwise, a contract is concluded at the point in time when the ordered products are shipped in accordance with Sections 4.1 and 4.2 and you receive a further separate email from us with the shipping information (‘shipping confirmation’). The shipping confirmation will also contain all details of the contract (including information about the order and these General Terms and Conditions as well as the privacy policy).
If acceptance of your order is not expressly stated in the confirmation of receipt and your products are not shipped within five working days of receipt of the confirmation of receipt, your offer to conclude the contract shall be deemed rejected.
If you have chosen PayPal as your payment method in accordance with Section 5.2(b), the contract is concluded at the time of your confirmation of the payment instruction to PayPal (or, in certain circumstances, Google Pay, Apple Pay and credit cards).

2.3    The products shown on the website can only be purchased in normal household quantities (maximum 50 products per order).

2.4    You can place an order as a guest without registering. You can also register when placing an order on our website in accordance with section 3 below and create a customer account (‘customer account’). If you create a customer account when placing your order, the details of your order and the contract will be stored in it; 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 (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 General Terms and Conditions in text form in the confirmation of receipt. You can view the contract text in your customer login.

2.6    You have the right to withdraw from the contract in accordance with the cancellation policy set out in section 10.2.

3    Registration, customer account and data protection

3.1    To register on our website, you must fill in the mandatory fields on the registration form correctly and completely. Registration is considered successfully completed when you have received a confirmation email from us. After successful registration, a personal [ANI/Powerbar] number will be created for your customer account (‘ID’), which will be linked to the email address you provided. This ID is non-transferable and grants you access to your customer account.

3.2    Your personal access data must be kept safe from access by third parties. If third parties nevertheless gain knowledge of the access data, you must notify us immediately and change your access data. You must also ensure that the data you provide is up to date for each order.

3.3    Further information on the handling of your personal data can be found in our privacy policy.

4    Delivery terms

4.1    We only deliver by post. We ship the products to the delivery address specified in the order process exclusively within the United Kingdom. Unfortunately, it is not possible to collect the products yourself.

4.2    The delivery times specified by us are calculated from the time of our order confirmation. Delivery within Germany takes place within two to four working days, unless different delivery times for the respective product are specified on the website.
4.3    If a contract is concluded and our supplier does not deliver the products you have ordered, the delivery period specified in clause 4.2 shall be extended by three working days after 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 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 clause 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 relation to 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 deliveries, provided that the products can be used individually. We will bear any additional shipping costs incurred as a result.

5    Terms of payment

5.1    The prices stated on the website at the time of ordering apply. These are stated as total prices in euros, including statutory value added tax and excluding any shipping costs. Shipping costs are automatically added to your shopping basket and displayed in the summary of your order details in accordance with section 2.1, paragraph 3.

5.2    The following payment methods are generally available in our shop.

(a)    Credit card
You enter your credit card details during the ordering process. Your card will be charged when your order is accepted in accordance with Section 2.2.

(b)    PayPal
In order 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 with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information will be provided during the ordering process.
PayPal may offer registered PayPal customers selected according to its own criteria additional payment options in their customer account. However, we have no influence on the offering of these options; additional payment options offered individually affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

(c) Google Pay
In order 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 activated the Google Pay function, authenticate yourself with your access data and confirm the payment instruction. Depending on the payment method you have stored with Google Pay, this will be charged with the actual invoice amount immediately after authorisation 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 activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. Depending on the payment method you have stored with Apple Pay, the actual invoice amount will be charged immediately after authorisation or at the time your order is accepted in accordance with section 2.2. Further information is 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 received.

7    Transfer of risk

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

8    Rights in respect of defects, warranties, customer service, transport damage

8.1    Rights in respect of defects
The statutory rights in respect of defects apply. Claims for damages due to defects are subject to the statutory provisions, modified by the provisions in clause 9. If there is a defect, 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 limitation period for claims for defects is two years from receipt of the products. These rights exist independently of any voluntary guarantees provided by the manufacturer or ANI.

8.2    Guarantees and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
In the event of defects, please contact our customer service department by email at service@powerbar.eu or by telephone on +49 (0) 89 50 200 71 from Monday to Friday between 8 a.m. and 4 p.m. The costs incurred in connection with this depend on your provider and country. Your claims remain unaffected, of course.

8.3 Transport damage
If products are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences 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 transport insurance company.

9 Liability

9.1 We shall always be liable, regardless of the nature of the breach of our obligations under the contract, including tort, if the breach of duty is based on intent or gross negligence.

9.2 In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely, (cardinal obligations), we shall be liable for any breach due to negligence; in the event of slight negligence on our part, however, our liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract and which must typically be expected to occur. This limitation of liability shall apply equally to damage caused by gross negligence on the part of employees or agents of ANI who are not organs or executive officers 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,
•    insofar as we have assumed a guarantee of quality or durability,
or
•    insofar as the scope of application of the Product Liability Act applies.

9.4    Insofar as our liability is excluded or limited in accordance with this clause 9, this also applies to our employees, representatives and vicarious agents.

10    Right of withdrawal

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

10.2    Withdrawal policy
Withdrawal policy
Right of withdrawal

You have the right to withdraw from 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 named by you, who is not the carrier, took possession of the last goods.

To exercise your right of cancellation, you must inform us (Active Nutrition International GmbH, Zielstattstraße 38, 81379 Munich, Germany, service@powerbar.eu, telephone: +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 post or an email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

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 shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of 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 send or hand over the goods before the fourteen-day period has expired. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. 

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties 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 us.)

– 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 paper notifications)

– Date

---
(*) Delete as applicable.

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 can spoil quickly or whose expiry 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 removed 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 by e-mail. When using these return labels, the return shipment is free of charge for you. The return label will be provided to you by e-mail. You can drop off the return shipment at a parcel shop of the respective parcel service provider in Germany.

11    Code of Conduct

We have submitted to the following codes of conduct:
Trusted Shops https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

12    Agreement on the use of Trusted Shops

You can insure orders placed with us free of charge up to an order value of 100 euros via the buyer protection offered by Trusted Shops SE. In addition, Trusted Shops offers paid insurance in conjunction with a guarantor. The Trusted Shops buyer protection conditions apply, which you can find here. Buyer protection is concluded by clicking on the corresponding button on the Trustcard, which appears as a pop-up on the order confirmation page after an order has been placed. In order to offer you buyer protection, the Trustcard must access order data stored in your browser's cache. Access is only local and no order data is transmitted to Trusted Shops before you actively opt for buyer protection or have consented to the transmission of order data to Trusted Shops. If you have given your consent, a hash value of your email address, the order number and the order total will be transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

13    Right of set-off and retention

Set-off and the exercise of rights of retention by you on the basis of disputed counterclaims or counterclaims that have not been legally established are excluded. The exercise of rights of retention by you is also excluded to the extent that counterclaims are not based on the same contractual relationship.

14    Dispute resolution

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

15    Choice of law, place of jurisdiction

15.1    The law of the Federal Republic of Germany shall apply. However, this choice of law shall only apply insofar as it does not deprive you of the protection afforded to you by provisions which cannot be deviated from by agreement under the law that would have been applicable in the absence of a choice of law on the basis of statutory provisions.

15.2    Munich, Germany, shall be the exclusive place of jurisdiction if you do not have a general place of jurisdiction in Germany, if you move your place of residence or habitual abode outside Germany after conclusion of the contract, or if your place of residence or habitual abode is unknown at the time the action is brought. Otherwise, in the event of claims by ANI against you, your place of residence shall be the place of jurisdiction.

16    Severability clause

Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.