Terms and Conditions
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General terms and conditions of sale and delivery for contracts with business customers and resellers
I. scope
1. scope
(1) These General Terms and Conditions of Sale and Delivery (“GTC”) apply exclusively to all deliveries, services, and offers, including future ones, of Weider Germany GmbH (“Weider” or “we”), both for transactions concluded via the online shop at b2b.weider.de and for transactions concluded by other means. Any differing terms and conditions of purchase of the customer or any supplementary agreements shall only be effective if Weider has expressly accepted them in writing. These GTC shall also apply if Weider carries out the delivery without reservation, even with knowledge of differing terms and conditions of the customer.
(2) The General Terms and Conditions apply only to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
II. Contract conclusion via the online shop b2b.weider.de
2. Access to the online shop, customer categorization
(1) The online shop at b2b.weider.de is available to customers based in the EU (excluding Romania and Croatia). Before using the online shop, customers must register once; placing an order without registration is not possible. After registration, Weider will activate the customer's account. The customer will be notified of the activation via email.
(2) During activation, the customer is categorized as either a new or existing customer. Not all payment methods are available to new customers.
3. Contracting parties, conclusion of contract, correction options
(1) The purchase agreement is concluded with Weider Germany GmbH, Hamburger Straße 118, 22083 Hamburg.
(2) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. Customers can initially place products in their shopping cart and correct their information at any time before submitting their binding order by using the correction tools provided and explained during the ordering process. By clicking the "buy now" button, the customer submits a binding order for the goods contained in the shopping cart. Confirmation of receipt of the customer's order is sent by email immediately after the order is submitted.
(3) The customer's order is accepted by delivery of the goods and simultaneous dispatch of the invoice.
4. Prices
All prices quoted are net and are subject to VAT at the legally applicable rate, if any. We charge a deposit for all returnable single-use beverage containers for deliveries within Germany and Austria.
5. Shipping, delivery times, product availability
(1) We ship the goods to the customer; self-collection of the goods is not possible.
(2) We only ship goods to delivery addresses located within the EU (excluding Romania and Croatia). A flat shipping fee applies.
(3) The delivery times stated on our product pages are calculated from the time the order is received and, if applicable, the time of payment (except for purchases on account). If no delivery time is specified for the goods in our online shop, it is 3 to 7 working days.
(4) The availability of the goods is displayed in the online shop. It is not possible to order goods that are currently unavailable in the online shop.
6. Payment, offsetting
(1) The following payment methods are available to all customers:
Credit card, bank transfer (prepayment), PayPal and invoice with Klarna. If the customer chooses bank transfer (prepayment) as the payment method, the bank details will be provided in the order confirmation.
(2) Furthermore, our existing customers have the option of purchasing on account under the following conditions:
The invoice will only be sent electronically. The invoice amount is due 14 days after receipt of the invoice and the goods, payable by bank transfer to the account specified on the invoice. Weider reserves the right to offer payment by invoice only after a successful credit check. Weider also reserves the right to revoke the option of payment by invoice.
(3) Offsetting is only permissible with undisputed or legally established counterclaims.
III. Contract conclusion outside the online shop
7. Contracting parties, conclusion of contract, acceptance period
(1) The purchase agreement is concluded with Weider Germany GmbH, Hamburger Straße 118, 22083 Hamburg.
(2) All offers from Weider are non-binding. We reserve the right to timely delivery from our own suppliers. If the customer's order qualifies as an offer within the meaning of § 145 of the German Civil Code (BGB), Weider may accept it within ten working days of receipt. The contract is concluded upon issuance of an order confirmation, at least in written form, or, if no order confirmation has been sent, upon delivery of the goods along with the invoice.
8. Prices
All prices are net and subject to VAT at the legally applicable rate, if any. We charge a deposit for all returnable single-use beverage containers for deliveries within Germany and Austria.
9. Shipping, product availability
(1) We ship the goods to the customer; self-collection of the goods is not possible.
(2) We only ship goods to delivery addresses within the EU, with the exception of [example missing]. We charge a flat shipping fee.
(3) If the goods ordered by the customer are wholly or partially unavailable, we will inform the customer immediately in the order confirmation.
10. Invoice, payment terms, offsetting
(1) Invoices are sent exclusively in electronic form. Unless otherwise agreed, the invoice amount is due within 14 days of receipt of the invoice and must be paid by bank transfer to the account specified on the invoice. Weider reserves the right to change the payment terms to prepayment.
(2) Offsetting is only permissible with undisputed or legally established counterclaims.
IV. Transfer of risk
11. Transfer of risk
The risk of accidental loss or accidental damage to the goods passes to the customer upon handover of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment, but at the latest upon leaving the warehouse.
V. Resale of goods
12. Resale of the goods by the customer
(1) The sale of the goods is only permitted in Europe (i.e., in the European Economic Area (“EEA”) and in Switzerland).
(2) Within the EEA and Switzerland, Weider reserves exclusive territories for itself and other customers ("Exclusive Territories"). Active sales in these Exclusive Territories are not permitted. Currently, the Exclusive Territories comprise North Rhine-Westphalia in Germany, Romania, and Croatia. Weider will provide customers with an updated list of the Exclusive Territories separately in the event of any changes.
(3) Weider reserves the exclusive right to sell to third-party online marketplaces (such as Amazon or eBay) ("Exclusive Customer Group"). The active sale of goods to the Exclusive Customer Group is solely reserved for Weider.
(4) Provided the customer complies with the attached "Weider Online Sales and Marketing Requirements," they may advertise, sell, or present the goods online via their own website and social media channels. The customer may not offer the goods for sale on third-party online marketplaces (such as Amazon or eBay).
(5) The customer is obliged to comply with the restrictions contained in the attached "Weider Online Sales and Marketing Requirements" regarding the sales territory, exclusive distribution territories, exclusive customer group, and the restriction regarding sales via The customer is obligated to disclose information about third-party online marketplaces to all of its business customers (B2B) who purchase goods from Weider for resale. Upon request, the customer is obligated to provide Weider with information about sales to specific business customers, insofar as this is necessary to enable Weider to verify and enforce compliance with the restrictions set forth in this clause. Weider will not use the customer's business customer data for any other purpose and will only request information about data that is absolutely necessary to verify compliance with the provisions of this clause. The customer may not resell the goods to business customers whom it knows or could reasonably expect to distribute the goods outside of Europe, via third-party online marketplaces, and/or actively to Exclusive Customer Groups/in Exclusive Territories.
VI. Notice of defects, warranty
13. Notice of defects
(1) The customer must inspect the goods immediately in accordance with Section 377 of the German Commercial Code (HGB). Any defects must be reported immediately, and at the latest within 5 working days of delivery or handover, by email to Info@joe-weider.de. Latent defects must also be reported immediately upon discovery by email to the aforementioned email address. Otherwise, any warranty claims are excluded.
(2) Weider does not provide any legally binding guarantees to the customer.
14. Customer's warranty claim
(1) If a defect exists and has been reported by the customer in a timely manner, we will deliver defect-free replacement goods; due to the nature of the goods, rectification of the defect is impossible. Alternatively, we may offer the customer a corresponding reduction in the purchase price or a cancellation of the purchase agreement without further conditions. If the subsequent performance ultimately fails, the customer may, at their discretion, reduce the purchase price or cancel the contract. The customer is not entitled to cancel the contract in the case of a minor defect.
(2) The limitation period for claims based on defects is 12 months from the transfer of risk, but no later than the expiry of the best-before date. The provisions regarding liability in clause 18 and § 478 of the German Civil Code (BGB) remain unaffected.
VII. Force majeure
15. Force majeure
All events of force majeure, such as natural disasters, official orders, strikes, or other impediments to performance for which the affected party is not responsible pursuant to Section 276 of the German Civil Code (BGB), release the affected party from its performance obligations for the duration of the disruption and to the extent of its impact. The affected party must immediately and comprehensively inform the other party and take all reasonable steps to limit the impact of such events as much as possible. The affected party must also immediately inform the other party of the end of the disruption. If performance becomes permanently impossible due to the event, either the affected party or the other party may withdraw from the contract. This also applies if such an event lasts longer than three months. In this case, any payment already made will be refunded immediately.
VIII. Retention of title, security rights
16. Retention of title
(1) If the goods are delivered to Germany or Europe, the following applies: Weider retains ownership of the goods until all claims arising from the business relationship, including all ancillary claims, with the customer have been settled.
(2) The customer is obliged to handle the goods subject to retention of title ("reserved goods") with care and to store them in such a way that their quality does not deteriorate and the packaging is not impaired.
(3) Pledging or assigning the goods subject to retention of title as security is prohibited. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business; the customer hereby assigns to Weider all claims against its customers or third parties arising from such resale, up to the amount of the final invoice (including VAT). The customer remains authorized to collect these claims even after the assignment; this does not affect Weider's right to collect the claims itself. However, Weider undertakes not to collect the claims as long as the customer fulfills its payment obligations, is not in default of payment, and no application for the opening of insolvency proceedings has been filed or the customer has ceased payments. If this is the case, Weider may demand that the customer disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify its debtors of the assignment.
(4) In the event of attachments or other interventions by third parties, the customer must notify Weider immediately in writing to enable Weider to take legal action against the measure. If the third party is unable to reimburse Weider for the legal and extrajudicial costs of such action, the customer is liable for the shortfall.
(5) Weider undertakes to release a corresponding portion of the collateral held by Weider at the customer's request, provided that the realizable value of all collateral exceeds the secured claims by more than 10%. Weider reserves the right to select which collateral is to be released.
17. Security rights
In the event of justified concern regarding a significant deterioration of the customer's financial situation that jeopardizes Weider's claim, or in the event of the customer's insolvency, Weider is entitled to suspend delivery and declare all outstanding receivables immediately due and payable. If the customer fails to meet these demands within a reasonable period set by Weider, Weider is entitled to withdraw from all contracts that have not yet been fully performed. Weider is entitled to make delivery to the customer contingent upon advance payment.
IX. Liability
18. Liability
(1) Weider is always liable without limitation for damages caused by Weider, its legal representatives or agents.
· in case of injury to life, body or health,
· in the case of intentional or grossly negligent breach of duty,
· when assuming a quality guarantee,
· in the case of fraudulent concealment of a defect or
· Claims based on the Product Liability Act.
(2) In cases of slight negligence in the breach of essential contractual obligations by Weider, its legal representatives, or vicarious agents, liability is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Essential contractual obligations are those whose fulfillment is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
(3) Furthermore, Weider's liability is excluded.
X. Data protection
19. Data protection
Weider complies with the requirements of the GDPR and the BDSG. Details can be found in our privacy policy.
XI. Final Provisions
20. Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany applies exclusively, with the exception of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of business of Weider shall be the exclusive place of jurisdiction. However, Weider is also entitled to sue the customer at any other place of jurisdiction.
21. Severability clause
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
As of August 2025
WEIDER ONLINE SALES AND MARKETING REQUIREMENTS
for Europe
Valid from: 29.08.2025
Weider Germany GmbH, Hamburger Straße 118, 22083 Hamburg, Commercial Register Hamburg, HRB 86525, and Weider Nutrition SL C/Electronica, 39-41, 28923 Alcorcon, Madrid ESB81523888 ( “Weider Companies ” and “ we ”) have decided, in an effort to protect the brand image and the quality of the distribution of products under the Weider brand (“ Weider ”), to implement these requirements for the online sale and online marketing of Weider products (the “ Online Marketing Requirements ”). This is particularly necessary due to the rapid growth of online sales and the associated brand-damaging online content.
Overview
The Online marketing requirements apply to all our customers (“ you ”) who purchase Weider products (“ products ”) from us for resale. We therefore accept orders for our products and deliver the ordered products on the condition that you agree to comply with the online marketing requirements.
As set out in our General Terms and Conditions of Sale and Delivery for contracts with business customers and resellers, you are legally obligated to pass on the online marketing requirements to your direct business-to-business (B2B) customers (" B2B customers ") and to ensure that your B2B customers comply with these requirements. In particular, restrictions regarding sales territory, exclusive territories and customer groups, as well as sales via third-party online marketplaces (such as Amazon and eBay), must be passed on to B2B customers.
The online marketing requirements apply in addition to any other terms and conditions or agreements between you and us, or between you and your B2B customers.
Sales territory, exclusive territories and customer groups
The sale of the products is only permitted in Europe (i.e., in the European Economic Area (“ EEA ”) and in Switzerland).
Within the EEA and Switzerland, we reserve exclusive territories for ourselves and other dealers (“ Exclusive Territories ”). Active sales in Exclusive Territories are not permitted. You will receive a current list of Exclusive Territories from us separately from time to time. Currently, the Exclusive Territories include North Rhine-Westphalia in Germany, Romania, and Croatia.
We have reserved for ourselves the exclusive customer group of third-party online marketplaces (such as Amazon or eBay) (" Exclusive Customer Group "). The active sale of products to the Exclusive Customer Group is exclusively our prerogative.
General obligations
Provided you meet the online marketing requirements, you may promote, sell or present our products online via your own website and social media channels - including such sales generated through permissible forms of online advertising (e.g. display advertising (such as banner ads or pop-up ads), search engine and social media advertising).
You are not permitted to offer and/or sell our products on third-party online marketplaces unless we have expressly authorized distribution through such marketplaces. We have selected a specialized online marketplace seller who meets the established criteria for online marketplace distribution, and we will initially limit the number of online marketplace sellers to one.
You must ensure that the appearance of your website, social media channels, or Weider-specific advertisements is consistent with our brand identity.
You may not present our brand and products in a damaging or derogatory manner, or in a manner that could lead consumers to confuse them with other brands or similar products.
You may only use the images and information we provide (e.g., product details, instructions for use, general brand information, and other information relating to Weider) in relation to the products and must comply with the respective guidelines we communicate from time to time regarding the presentation and display of our brand and products. You may not edit or copy any images or text relating to the products provided by us without our consent or unless permitted by an agreement between you and us.
You are responsible for all content that is published and promoted on your website or social media channels.
If you have any objections to the content, you are obliged to take appropriate measures in consultation with us and, if necessary, to make changes immediately in order to avoid damage to both parties.
We reserve the right to request the removal of any online advertising or promotion related to our products and/or our brand that risks damaging the brand image or could have other adverse effects on our brand or products.
Website
You must ensure that we are not perceived as the owner and/or operator of your website. Your logo must be clearly visible and indicate that you are a reseller of the products and not the brand owner.
You may not register, purchase and/or use any domains/URLs that contain the name Weider or similar designations.
Social media
You may publish content related to Weider on your social media channels to promote your website, provided it is clearly evident that you are a reseller of the products and not the brand owner.
Unless otherwise agreed by us, you may not maintain social media profiles that are exclusively dedicated to Weider.
You may not publish any content that disparages or otherwise damages our Weider brand. Furthermore, you are obligated to regularly check your social media channels for such content that may be posted by third parties.
You are not permitted to answer incoming customer inquiries on our behalf.
enforcement
The obligations contained in the online marketing requirements, and all claims arising therefrom, benefit us because they serve to protect our brands. We can enforce the online marketing requirements directly against both our customers and their B2B customers. We may request our customers' assistance in enforcing the online marketing requirements against their B2B customers. For the avoidance of doubt: Notwithstanding our right to enforce these terms directly against any B2B customer, we are not liable to any B2B customer under any contract between the B2B customer and its vendor.
If we have reasonable grounds to suspect that certain B2B customers are not complying with the online marketing requirements, the buyers must immediately provide us, upon our request, with all information strictly necessary to identify the relevant B2B customers and their sources and to enforce the online marketing requirements against these B2B customers. This may include: the company name and principal business addresses of the respective B2B customers purchasing the products, the type of products sold, and the quantities thereof. The information provided for this purpose will be used by us solely for the limited purpose of investigating potential violations of the online marketing requirements and enforcing compliance with these requirements.
We ask our customers to refrain from selling to B2B customers if they know or should know that these B2B customers will distribute the products outside of Europe, via a third-party online marketplace and/or actively to exclusive customer groups / in exclusive territories.
Violation of these online marketing requirements can, in significant cases, lead to a delivery stoppage and ultimately to the termination of the business relationship.
General Terms and Conditions of Trade for Contracts with
Business Customers and Resellers
I. Scope of application
1. Scope of application
(1) These General Terms and Conditions of Trade (“T&C”) shall apply to all deliveries, services and offers, including future ones, of Weider Germany GmbH (“Weider” or “we”) exclusively, both for transactions that are concluded via the Online Ship at b2b.weider.de and for transactions that are concluded in some other way. The customer's differing purchasing terms, or side agreements, shall have validity only if Weider has recognized them in writing. These T&C shall apply even if Weider executes the delivery in the knowledge of the customer's differing terms without reservation.
(2) The T&C shall apply only to companies within the meaning of Sec. 14 BGB ( Bürgerliches Gesetzbuch ) [German Civil Code], public-law legal entities (rechtliche Personen des öffentlichen Rechts) and public-law special funds.
II. Conclusion of a contract via the online shop b2b.weider.de
2. Access to the Online Shop, classification of customers
(1) The Online Shop at b2b.weider.de shall be available to customers with a registered office in the EU (with the exception of Romania and Croatia). Before using the Online Shop, the customer must register once; it is not possible to order via the Online Shop without registration. After registration the customer's account shall be activated by Weider. The customer shall be notified of the activation via email.
(2) Upon activation, the customer shall be classified according to whether it is a new or an existing customer. Not all payment methods are available to new customers.
3. Parties to the contract, conclusion of the contract, opportunities for correction
(1) The purchase contract shall come into force with Weider Germany GmbH, Hamburger Straße 118, 22083 Hamburg.
(2) The representation of the products in the Online Shop shall not constitute any legal binding offer, but rather a non-binding online catalog. The customer may initially place the products in the shopping cart and may correct its information at any time before sending its binding order, by using the correction tools provided and explained during the order process. By clicking the “Buy now” button the customer shall place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of the customer's order shall be made by email immediately after sending the order.
(3) The acceptance of the customer's order shall be made by delivery of the goods and the simultaneous sending of the invoice.
4. Prices
All item prices cited are net and shall be subject to the addition of VAT in the statutory amount, if applicable. For all disposable beverage packages subject to deposit, we charge the deposit for the delivery area of Germany or Austria.
5. Shipping, delivery times, availability of goods
(1) We ship the goods to the customer; it is not possible to pick up the goods yourself.
(2) The shipment of the goods is made only to delivery addresses [with a] registered office in the EU (with the exception of Romania and Croatia). We charge a flat fee for shipping.
(3) The delivery times shown on our offer pages are counted from the time of the receipt of the order and, if applicable, the receipt of the payment (other than for purchases on account). If no delivery time is given for the goods in our Online Shop, then it is 3 to 7 business days.
(4) The availability of the goods is shown in the Online Shop. It is not possible to order goods that are not currently available in the Online Shop.
6. Payment, set-off
(1) The following payment methods are available to the customer: credit card, transfer (payment in advance), PayPal and billing with Klarna. Should the customer choose the transfer (payment in advance) payment method, the bank information will be given to it in the order confirmation.
(2) Furthermore, purchase on account is available to our existing customers pursuant to the following terms:
The sending of the invoice shall be done only electronically. The invoice amount shall be due 14 days after receipt of the invoice and the goods via transfer to the bank account cited in the invoice. Weider reserves the right to offer purchase on account only after a successful credit check. Weider further reserves the right to revoke the right to purchase on account.
(3) Set-off shall be permitted only with undisputed or legally-adjudicated counterclaims.
III. Conclusion of a contract outside the Online Shop
7. Parties to the contract, conclusion of the contract, acceptance period
(1) The purchase contract shall come into force with Weider Germany GmbH, Hamburger Straße 118, 22083 Hamburg.
(2) Offers from Weider shall always be non-binding, conditional upon regular supply to us. If the customer's order is to be characterized as an offer within the meaning of Sec. 145 BGB, then Weider may accept it within ten business days after receipt. The contract shall come into force with the order confirmation, issued at least in text form and, should no order confirmation have been sent, in any case with the delivery of the goods with the contents of the invoice.
8. Prices
All item prices are net and shall be subject to the addition of VAT in the statutory amount, if applicable. For all disposable beverage packages subject to deposit, we charge the deposit for the delivery area of Germany and Austria.
9. Shipping, availability of goods
(1) We ship the goods to the customer; it is not possible to pick up the goods yourself.
(2) The shipment of the goods is made only to delivery addresses in the EU with the exception of [words missing]. We charge a flat fee for shipping.
(3) If the goods ordered by the customer are unavailable in whole or in part, we shall inform the customer of this immediately in the order confirmation.
10. Invoicing, payment terms, set-off
(1) The invoice shall be sent exclusively in electronic form. Unless otherwise agreed, the invoice amount shall be due within 14 days after receipt of the invoice via transfer to the bank account cited in the invoice. Weider reserves the right to change the payment terms to payment in advance.
(2) Set-off shall be permitted only with undisputed or legally-adjudicated counterclaims.
IV. Transfer of risk
11. Transfer of risk
The risk of accidental destruction and accidental deterioration of the goods shall pass with the handover of the goods to the forwarder, the freight carrier or another person designated to carry out the shipment to the customer, but no later than upon leaving the factory.
V. Resale of the goods
12. Resale of the goods by the customer
(1) The sale of the goods shall be permitted only in Europe (ie only in the European Economic Area (“EEA”) and in Switzerland.
(2) Within the EEA and Switzerland Weider may reserve exclusive territories for itself or other customers (“Exclusive Territories”). Active distribution in these Exclusive Territories shall not be permitted. Currently the Exclusive Territories include North Rhine-Westphalia in Germany, Romania and Croatia. In the event of changes, the customer shall receive from Weider separately a current list of Exclusive Territories.
(3) Weider reserves for itself the exclusive customer group of third-party online marketplaces (for example, Amazon or eBay (“Exclusive Customer Group”). The active sale of the goods to the Exclusive Customer Group is reserved exclusively to Weider.
(4) If the customer complies with the requirements of the “Weider Online Sales and Marketing Requirements” attached below, it may advertise, sell or promote the goods online via its own website and social media channels. The customer may not offer the goods for sale on third-party online marketplaces (such as Amazon or eBay).
(5) The customer shall be obliged to pass on the restrictions included in the “Weider Online Sales and Marketing Requirements” attached below with respect to the sales territory, the Exclusive Territories and the Exclusive Customer Group, and the restriction with respect to the sale via third-party online marketplaces to all its business customers (B2B) that purchase Weider goods for resale. Upon request, the customer shall be obliged to give Weider information about sales to specific business customers, to the extent this is necessary to enable Weider to verify and implement the compliance with the restrictions pursuant to this section. Weider shall not use the data of the customer's business customers for other purposes and shall demand such information as is strictly necessary to identify non-compliant business customers and their sources to enforce the obligation on such business customers. The customers may not resell the goods to business customers of which it knows or could know that these goods will be distributed outside Europe, via third-party online marketplaces and/or actively to Exclusive Customer Groups/in Exclusive Territories.
VI. Notice of defects, warranty
13. Notice of defects
(1) The client must immediately examine the goods pursuant to Sec. 377 HGB ( Commercial Code). Notice of defects is to be given immediately, but no later than within a period of 5 business days from delivery or handover, via email to the following [address] Info@joe-weider.de. Notice of concealed defects is to be given immediately upon discovery, also via email to the aforementioned email address. Otherwise, the assertion of warranty claims shall be excluded.
(2) Weider gives no warranties within the legal meaning to the customer.
14. Warranty claim by the customer
(1) If a defect is present and notice thereof was given in a timely manner, we shall deliver defect-free replacement goods; remedying the defect shall be excluded due to the nature of the goods. Alternatively, we may offer the customer, without any further prerequisites, an appropriate reduction in the purchase price or a rescission of the purchase contract. Should the subsequent delivery fail definitely, the customer may, at its choice, reduce the purchase price or withdraw from the contract. For an insignificant defect, the customer shall have no right of withdrawal.
(2) The limitation of actions period for claims of defects shall be 12 months from the transfer of risk, but no longer than up to the expiration of the use-by date. The regulations concerning liability in Section 18 as well as Sec. 478 BGB shall remain unaffected.
VII. Force majeure
15. Force majeure
All events of force majeure such as natural catastrophes, official orders or strike, or other obstacles to performance for which the respective party affected is not responsible pursuant to Sec. 276 BGB, shall release the latter from performance obligations for the duration of the disruption and in the scope of their effect. The party affected must inform the other party immediately and comprehensively and must undertake everything reasonable to limit the effect of such events to the extent possible. The party affected must inform the other party immediately of the end of the disruption. If performance becomes permanently impossible through the event, the party affected or the other party may withdraw from the contract. This shall also apply if such an event lasts longer than three months. In such case, the consideration shall be immediately reimbursed.
VIII. Reservation of title, collateral rights
16. Reservation of title
(1) If the goods are delivered to Germany or Europe, the following shall apply: Weider reserves title to the goods pending the fulfillment of all requirements arising from the business relationship including all ancillary claims with the customer.
(2) The customer shall be obliged to treat the goods subject to reservation of title (“reserved goods”) with care and to store them in such a way that their quality does not deteriorate and the packaging is not adversely affected.
(3) Pledging or placing a lien on the reserved goods shall not be permitted. The customer shall be entitled to resell the reserved goods in the normal course of business; it assigns, already now, all claims in the amount of the invoice amount (including value-added tax) of Weider's claim to Weider, to the extent that these arise from the resale to its customer or third parties. The customer shall be empowered to collect these claims even after the assignment; Weider's authority to collect the claim itself shall remain unaffected thereby. Weider undertakes, however, not to collect the claim as long as the customer complies with its payment obligations, is not in default and no motion to initiate an insolvency proceeding has been filed or it has not suspended payments. If this is the case, Weider may demand that the customer notify Weider of the assigned claims and their debtors, gives it all the information required for collection, hands over the associated documents and informs its debtors of the assignment.
(4) For pledging or other interventions by third parties, the customer must notify Weider immediately in text form, in order to enable Weider to be able to file a claim against the measure. To the extent that the third party is not able to reimburse Weider for the judicial and extrajudicial costs of a claim, the client shall be liable for the shortfall.
(5) Weider undertakes to release a corresponding part of the collateral to which Weider is entitled upon demand by the customer to the extent that the realizable value of all collateral exceeds the claims to be secured by more than 10%. The selection of the collateral to be released shall be reserved to Weider.
17. Collateral rights
In the event of well-grounded concern of substantial deterioration of assets that jeopardizes Weider's claim, or insolvency of the customer, Weider shall be entitled to suspend delivery and to call all existing receivables for immediate payment. Should the customer not satisfy the claims within a reasonable time period set by Weider, Weider shall be entitled to rescind all contracts not yet completely fulfilled. Weider shall be entitled to make supplying the customer dependent upon the latter paying in advance.
IX. Liability
18. Liability
(1) For damage caused by Weider, its legal representatives or its vicarious agents, Weider shall always be liable without limitation
· for injury to life, limb or health,
· for intentional or grossly negligent breach of duty,
· for acceptance of a guarantee of quality,
· in the event of malicious concealment of a defect or
· claims based on the Product Liability Law.
(2) For slightly negligent breach of fundamental contractual obligations by Weider, its legal representatives of its vicarious agents, the amount of the liability shall be limited to the damage foreseeable upon signing the contract, the occurrence of which must typically be reckoned with. The fundamental contractual obligations are those the performance of which even makes possible the proper execution of the contract, and upon the compliance with which the parties to the contract may normally have confidence.
(3) Aside from that, any liability on the part of Weider shall be excluded.
X. Data protection
19. Data protection
Weider complies with the requirements of the GDPR and the BDSG (Federal Data Protection Law). The particulars may be found in our data protection policy.
XI. Final provisions
20. Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply exclusively, with the exception of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant ( Kaufmann ), public-law legal entity of public-law special fund, the registered office of Weider shall be the exclusive place of jurisdiction. However, Weider shall further be entitled to sue the customer at any other place of jurisdiction.
21. Severability clause
Should individual provisions of these T&C be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected thereby.
Last revised: August 2025
WEIDER ONLINE SALES AND MARKETING REQUIREMENTS
for Europe
Effective Date: August 29, 2025
Due to the growth of online sales in recent years and the potential for brand-damaging content and low-quality distribution and in an effort to protect the brand image and the quality of the distribution of products under the Weider brand (“ Weider ”), Weider GmbH, incorporated and registered in Germany (Registered office Hamburg, Register Court Hbg., HRB-Code 86525), Weider Nutrition SL, C/Electronica, 39-41. 28923 Alcorcon, Madrid ESB81523888 (“ Weider Company ” and “ we ”) has decided to implement these Online Sales and Marketing Requirements (the “ Online Marketing Requirements ”).
Overview
Any of orders Weider products (“ Products ”) are accepted and delivered by us subject to acceptance of compliance with these Online Marketing Requirements. The Online Marketing Requirements apply to our direct trade customers (“ Buyers ”). Among others, under our new German Terms and Conditions (where applicable) our Buyers are legally required to share these Online Marketing Requirements when they sell our Products to business-to-business (B2B) customers (“ B2B-Customers ”).
The Online Marketing Requirements will apply in addition to any other terms or agreements between Buyers and us, or between Buyers and their B2B customers. In particular, Buyers are requested to pass on to their B2B customers the restrictions regarding the overall sales territory, the active sales restrictions regarding exclusive territories and exclusive customer groups and regarding the sales and marketing through / on third-party online marketplaces (such as Amazon and eBay). Buyers and their B2B customers are referred together to as “ Resellers ” and “ you ”, as the context requires.
Overall Territory, Exclusive Territory and Customer Group
Resellers who are located in Europe (ie the European Economic Area and Switzerland) may only sell the Products to customers located in Europe.
We may have reserved to ourselves or exclusively allocated to other Buyers exclusive territories (“Exclusive Territories”). Active sales to customers located in the Exclusive Territories within Europe are not permissible. We will share an updated list of Exclusive Territories from time to time, currently the Exclusive Territories include North-Rhine-Westfalia in Germany, Romania and Crotia. We have reserved ourselves the exclusive customer group of third-party online marketplaces (“Exclusive Customer Group”). Active sales to the Exclusive Customer Group are reserved exclusively to us.
General Obligations
Provided that you comply with the Online Marketing Requirements, you may feature, sell or promote our Products online via your own website and social media channel, including where such sales are generated through permitted forms of online advertising (eg online display (such as banner or pop-up ads), search and social media advertising).
You are not permitted to sell our Products on a third-party online marketplace, except as expressly authorized by us. We will grant consent based on compliance with a defined set of marketplace criteria and have currently selected one specialized marketplace reseller who meets the marketplace seller criteria and will limit the number of marketplace resellers to one for the time being.
You shall ensure that the look and feel of any website, social media channel, or Weider specific advertising is in line with our particular branding.
You must not present our brand and products in a detrimental or denigrating way or in any way that could create confusion with other brands or similar products in the consumers' perception.
You may only use images and information (eg Product details, descriptions, suggestion for the use of the Products overall information on the brand, or other similar information) related to the Products as provided by us and to follow any respective brand guidelines as may be shared by us from time to time. You may not edit any images and copy provided by us related to the Products without our approval or as not permitted by any agreement between you and us.
You are overall responsible for all the content published and promoted on your website or social media channels.
In case of any type of objection with the content, it is your responsibility to take adequate action in consultation with us, executing immediate changes where required to prevent damage to both parties.
We reserve the right to request removal of any online advertisement or promotion in connection with our Products and/or our trade mark which create the risk of damaging the brand image or which may have other deteriorating effects on our brand or the Products.
Website
You shall ensure that your website is not perceived as being owned and operated by us. Your logo needs to be prominently visible, indicating that you are a reseller of the products and not the brand owner.
You may not register, buy and/or use any domain/URL containing the name of Weider or similar.
Social Media
You are allowed to publish content related to Weider in your social media channels for the purposes of promoting your website, as long as it is clear that you are a reseller of the products, not the brand owner.
Otherwise agreed by us you may not have any social media profiles solely dedicated to Weider.
You may not publish any content that denigrates or otherwise damages our Weider brand and you shall monitor your social media channels for any such content that may be posted by others.
You may not respond to incoming customer inquiries on our behalf.
Enforcement
The obligations contained in the Online Marketing Requirements as well as any claims arising from it are to our benefit as they intend to protect our brands. We can directly enforce the Online Marketing Requirements against our Buyers as well as against their B2B Customers. We may ask our Buyers for assistance with the enforcement of the Online Marketing Requirements with their B2B Customers. For the avoidance of doubt, notwithstanding our right to directly enforce these terms against any B2B Customers, we have no liability to any B2B Customer under the agreement between the B2B Customer and their Reseller.
In case we have a reasoned suspicion that specific B2B Customers are not complying with the Online Marketing Requirements, if requested by us, Buyers shall promptly provide us with such information as is strictly necessary to identify non-compliant B2B Customers and their sources to enforce the obligation on such B2B Customers. This may include: company name and main business addresses of the respective B2B customers buying the Products, the type of the Products sold and volumes thereof. Information provided for this purpose will be strictly used by us for the limited scope of investigating potential violations of the Online Marketing Requirements and enforcing compliance with the Online Marketing Requirements.
We request that Buyers refrain from selling to B2B customers of whom they know or they could reasonably know that they will sell the Products outside of Europe, through / on a third-party online marketplace and/or actively to an Exclusive Customer Group or into an Exclusive Territory.
The violation of the provisions of the Online Marketing Requirements may result in severe cases to ceasing supplies and eventually to termination of the overall commercial relationship.
Weider Germany GmbH, Hamburger Straße 118, 22083 Hamburg