Terms and Conditions
General Terms and Conditions for Sales Partners (B2B) of Berry.En AG
Version 1.0 – Effective as of 01 November 2025
Note: This English translation is provided for convenience only. In case of discrepancies, the German version shall prevail.
Preliminary Statement
Berry.En AG, headquartered in Obrigheim, develops and distributes high-quality products in the fields of nutrition, well-being, and body care and provides Sales Partners with digital systems that support their business activities. Sales Partners act as independent entrepreneurs. They use the BEN.OFFICE partner portal to purchase products via the Berry.En Partner Store, resell them, and participate in the company’s economic success through the BEN.OS compensation system. The following terms and conditions govern all rights and obligations between Berry.En AG (“Berry.En”) and each Sales Partner.
§ 1 Scope
(1) These terms and conditions apply to all contractual relationships between Berry.En and its Sales Partners.
They govern both
a) the use of the BEN.OFFICE partner portal and all associated digital systems, and
b) all product orders placed through the Berry.En Partner Store.
(2) Divergent or supplementary terms and conditions of the Sales Partner shall apply only if Berry.En has expressly agreed to them in writing.
(3) The contracting party is Berry.En AG, Schlosswiesen 3, 74847 Obrigheim (Germany).
§ 2 Subject Matter of the Agreement
(1) Berry.En enables Sales Partners to distribute Berry.En products in their own name and on their own account.
(2) Registration as a Sales Partner is free of charge. The contract is concluded by electronic acceptance of these Terms and Conditions and confirmation by Berry.En.
(3) Activation of the Sales Partnership takes place through an initial order (“Starter Pack”) in the Berry.En Partner Store.
(4) Sales Partners may purchase products both for their own use and for resale.
§ 3 Requirements and Registration
(1) Natural persons aged 18 or older as well as legal entities engaged in business activities may become Sales Partners. The contractual relationship between Berry.En and the Sales Partner is concluded exclusively in the course of business-to-business transactions. The Sales Partner confirms that, when entering into and performing this agreement, he or she acts as an independent entrepreneur within the meaning of § 14 BGB and not as a consumer.
(2) Registration takes place online via BEN.OFFICE. By ticking a checkbox, the Sales Partner confirms that he or she has read and accepted these Terms and Conditions.
(3) Berry.En reserves the right to reject registrations without stating reasons.
(4) The Sales Partner is obliged to keep his or her data up to date and to enter any changes in BEN.OFFICE without delay.
(5) Login credentials (login and password) must be treated as confidential.
§ 4 Obligations of the Sales Partner
(1) The Sales Partner acts as an independent entrepreneur; he or she is not a commercial agent.
(2) The Sales Partner undertakes to comply with all statutory provisions, in particular tax, competition and advertising law.
(3) The Sales Partner undertakes to comply with all statutory requirements in every communication concerning products, ingredients, studies, analyses, testimonials or modes of action of Berry.En products, in particular food law, competition law, advertising law and laws governing therapeutic-product advertising. Unlawful health-related claims, disease-related statements, promises of healing and statements concerning the prevention, treatment, alleviation or cure of diseases are prohibited unless they have been expressly approved in writing by Berry.En and are legally permissible.
(4) Product information, studies, analyses, training materials and other content provided by Berry.En in BEN.OFFICE or in any other form must be treated as confidential and are intended exclusively for the internal information, training and business activities of the Sales Partner. They may only be used, disclosed, published, reproduced or used for advertising purposes in relation to retail customers if Berry.En has expressly approved the respective content as advertising or information material suitable for retail customers.
(5) The use of the Berry.En brand name as well as all protected logos, designs and materials is permitted only with written consent.
(6) Personal websites, social-media channels or advertising materials may only be used in compliance with the official brand guidelines.
(7) Sales Partners may not market competing products or services to other Berry.En Sales Partners or solicit them for competitors.
(8) Registration as a Sales Partner presupposes that the applicant carries out the activity as an independent entrepreneur. Use exclusively for private purposes is excluded. Persons who wish to order only for personal consumption are obliged to use the consumer online store.
(9) The Sales Partner is responsible for the proper taxation of his or her income.
§ 5 Use of BEN.OFFICE and Digital Systems
(1) Berry.En provides Sales Partners with BEN.OFFICE as a central working, information and accounting system.
(2) Berry.En strives to ensure continuous availability of the system, but assumes no liability for temporary outages or maintenance periods.
(3) The Sales Partner is obliged to secure access carefully and may not grant access to third parties.
(4) Berry.En is entitled to make updates or extensions to the system, provided that the contractual purpose is not materially impaired.
§ 6 Orders, Prices, Delivery and Retention of Title
(1) Orders shall be placed exclusively via the Berry.En Partner Store.
(2) All prices are quoted net, plus statutory VAT and shipping costs.
(3) Payments shall be made by credit card, PayPal Business or other payment methods offered in the store.
(4) The delivered goods remain the property of Berry.En until full payment has been made.
(5) In accordance with § 447 BGB, the transport risk passes to the Sales Partner as soon as the goods have been handed over to the shipping company.
§ 7 Monthly Subscription (Autoship)
(1) Sales Partners may take out a monthly Autoship subscription in order to receive discounted products on a regular basis.
(2) Changes to the product composition or quantity may be made no later than five (5) days before the next shipping date in BEN.OFFICE or by email to Berry.En.
(3) The Autoship subscription may be terminated at any time without notice via BEN.OFFICE, by email or by using the cancellation button provided in the store.
(4) By accepting these Terms and Conditions, the Sales Partner authorizes Berry.En to automatically charge the registered payment method.
(5) The authorization remains valid until the subscription is terminated. Difficulties in processing payment entitle Berry.En to terminate the Autoship subscription.
§ 8 BEN+ Shipping Benefit
(1) Berry.En may offer Sales Partners the paid additional service “BEN+” in the Berry.En Partner Store. BEN+ is an optional ordering benefit under which, in return for payment of a flat fee, the Sales Partner is exempt from logistics and shipping costs for eligible orders in the Berry.En Partner Store for a period of twelve (12) months from the booking of BEN+.
(2) BEN+ applies from the time of booking. The exemption from logistics and shipping costs already applies to the order in which BEN+ is booked, provided that this order meets the requirements for the BEN+ Shipping Benefit.
(3) BEN+ applies to all BEN+-eligible orders of the Sales Partner in the Berry.En Partner Store, in particular Autoship orders, Mixed-Bulk-6 orders and Retail Packs, provided that no excluded shipping or additional costs are incurred.
(4) BEN+ applies exclusively to the respective Sales Partner account and is not transferable. Use for the benefit of third parties, for third-party orders or for collective orders not attributable to the Sales Partner’s own business operations is excluded.
(5) BEN+ covers only the regular logistics and shipping costs for standard deliveries shown by Berry.En in the Partner Store within the respectively specified BEN+ delivery areas. Excluded are, in particular, express deliveries, special shipping methods, freight forwarding deliveries, island or regional surcharges, deliveries outside the specified BEN+ delivery areas, customs duties, import duties, taxes, return costs and other additional costs, unless Berry.En expressly determines otherwise.
(6) The BEN+ flat fee is due immediately upon booking. The term begins at the time of booking or purchase date and amounts to twelve (12) months. BEN+ ends automatically upon expiry of the term and does not renew automatically. After expiry of the term, BEN+ may be booked again, provided that Berry.En continues to offer this additional service.
(7) The BEN+ flat fee does not constitute a goods order relevant for commission, bonuses, PV or CV. It is not remunerated under the BEN.OS compensation system unless the BEN.OS Compensation Plan expressly provides otherwise.
(8) Ordinary termination during the term is excluded. A pro rata refund of the BEN+ flat fee in the event of non-use, low usage, termination of the Sales Partnership, blocking of BEN.OFFICE access or loss of Active Status is excluded unless Berry.En is responsible for the loss of the BEN+ benefit. The right to extraordinary termination for good cause remains unaffected.
(9) For the very first order of a Starter Pack, Berry.En may offer the Sales Partner BEN+ once at a discounted price. This discounted BEN+ price applies exclusively in connection with the very first Starter Pack order and is not available again after completion of this first order. There is no entitlement to subsequent granting of the discounted BEN+ price.
(10) If the first Starter Pack order in connection with which BEN+ was booked at a discounted price is cancelled, reversed or returned under a voluntarily granted right of withdrawal, Berry.En may also terminate the discounted BEN+ benefit. Logistics and shipping costs already incurred as well as other processing costs may be offset against any refund amount, provided and to the extent that this is legally permissible.
(11) BEN+ does not establish any entitlement to a specific delivery time, a specific shipping method, preferential processing or permanent availability of certain products. Delivery periods and availability are governed by the respective information in the Berry.En Partner Store.
(12) Berry.En is entitled to change, restrict or discontinue BEN+ for the future. BEN+ terms already booked shall remain unaffected, unless the change is required for objective reasons and does not unreasonably disadvantage the Sales Partner.
§ 9 Compensation System BEN.OS
(1) Compensation for Sales Partners is based on the currently valid BEN.OS Compensation Plan published in BEN.OFFICE.
(2) The BEN.OS Plan describes all bonuses, commission types, qualifications and rank levels.
(3) Eligibility for bonus and commission payments requires fulfillment of the Active Status according to BEN.OS.
(4) Fees for service, logistics, shipping or other additional services, in particular the BEN+ flat fee, are not relevant for commissions, bonuses, PV or CV unless expressly provided otherwise in the BEN.OS Compensation Plan.
(5) Berry.En may amend or update the BEN.OS Plan,
a) if this does not result in any disadvantage to the Sales Partners, or
b) if changes are objectively necessary.
Amendments shall be announced in BEN.OFFICE at least 14 days before they take effect. The Sales Partner’s right to terminate the contract remains unaffected.
(6) Upon entry into force of a new version (BEN.OS x.x), it replaces the previous version.
§ 10 Commission Payments and Set-Off
(1) Commissions are calculated monthly and displayed in BEN.OFFICE.
(2) Payouts shall be made exclusively to accounts of the Sales Partner or his or her company.
(3) Berry.En is entitled to set off outstanding claims arising from product orders against commission claims (§ 387 BGB).
(4) No interest claim exists for amounts withheld.
§ 11 Breach of Duties, Warning and Contractual Penalty
(1) In the event of a first breach, the Sales Partner will receive a written warning.
(2) In the event of repetition or failure to remedy, Berry.En may impose a contractual penalty of up to EUR 5,000 and terminate the contract without notice.
(3) The Sales Partner shall be liable for all damage caused to Berry.En by breaches of duty, insofar as he or she is responsible for them.
(4) If the Sales Partner culpably violates statutory advertising regulations, the prohibition of unlawful health-related claims, disease-related statements or promises of healing, or the restrictions on the use of content provided by Berry.En, he or she shall, to the extent legally permissible, indemnify Berry.En against all resulting third-party claims, official measures, warnings, contractual penalties, fines, damages and reasonable costs of legal defense and enforcement, provided and to the extent that these are based on the Sales Partner’s breach of duty.
§ 12 Sales Partner Protection and Structural Rights
(1) The Sales Partner who first registers a new person receives permanent sponsor protection.
(2) Crossline sponsoring is prohibited.
(3) Re-registration after termination is possible only after 12 months.
(4) Structural data are maintained digitally in BEN.OFFICE and are available for inspection by the respective Sales Partner according to his or her position in the distribution system.
§ 13 Use of Trademarks, Content and Media
(1) All trademark, design and text rights belong to Berry.En.
(2) Use is permitted only with written consent.
(3) Sales Partners may use only their own content on social media that complies with the brand guidelines.
(4) AI-generated or third-party content must not infringe the rights of third parties.
§ 14 Duration and Termination of the Agreement
(1) The contract runs for an indefinite period and may be terminated by either party at any time in writing or by email.
(2) Berry.En may terminate the contract if the Sales Partner is inactive for 12 months. Inactivity exists if the Sales Partner generates no sales within 12 consecutive months and does not demonstrate Active Status according to BEN.OS.
(3) After termination of the contract, BEN.OFFICE access will be blocked; personal data will be deleted in accordance with the GDPR.
§ 15 Transfer of the Sales Partner Structure
(1) The transfer or sale of a Sales Partner structure requires the written consent of Berry.En.
(2) It is possible no earlier than from the rank of “Senior President” and only to qualified persons.
§ 16 Liability
(1) Berry.En shall be liable only in cases of intent or gross negligence and in cases of injury to life, body or health.
(2) In cases of ordinary negligence, Berry.En shall be liable only for breaches of material contractual obligations, limited to the typical foreseeable damage.
(3) The German Product Liability Act remains unaffected.
§ 17 Participation in Events, Trainings and Incentives
(1) General
Berry.En offers Sales Partners the opportunity to participate in trainings, conferences, workshops and other events (“Events”). These Events serve exclusively the personal and business development of the Sales Partners and participation is voluntary.
(2) Booking and Conclusion of Contract
Tickets for Events may be purchased via BEN.OFFICE or other systems provided by Berry.En. The contract for participation is concluded upon confirmation of the booking by Berry.En. Unless otherwise stated, these are paid services. Ticket prices are quoted net, plus statutory VAT, and are due immediately.
(3) Cancellation and Postponement
Cancellations are possible no later than 14 days before the start of the event. In the event of later cancellation or non-attendance, there is no entitlement to a refund unless the cancellation is made for good cause for which the Sales Partner is not responsible. Berry.En reserves the right to cancel or postpone events for good cause (e.g. insufficient number of participants, illness of speakers, force majeure). In this case, the ticket price will be refunded in full; any further claims are excluded.
(4) Photo, Audio and Video Recordings
Berry.En is entitled to create photo, audio and video recordings during events and to use them for purposes of internal documentation, public relations and social-media communication. If the Sales Partner does not agree to this, he or she may object to the processing of his or her personal data at any time (Art. 21 GDPR). The objection must be addressed to Berry.En in writing or by email.
(5) Costs and Responsibility
Travel, catering and accommodation costs shall be borne by the Sales Partners themselves. Participation in events has no influence on the Sales Partner’s status or compensation unless this is expressly part of an incentive campaign.
(6) Incentives and Special Promotions
Berry.En may offer Sales Partners the opportunity to participate in travel, events or other bonus promotions (“Incentives”) as part of special incentive programs, competitions or qualification campaigns. Incentives are voluntary additional benefits and are not contractually owed components of compensation.
(7) Participation requirements, qualification periods and selection criteria will be published separately in BEN.OFFICE or in another suitable form. Berry.En reserves the right to change, adjust or terminate incentive programs at any time.
(8) Principles for Incentives:
a) There is no legal entitlement to implementation, payment or participation.
b) Cash payment, transferability or conversion of the incentive benefit is excluded unless Berry.En expressly determines otherwise.
c) Berry.En assumes no liability for changes, cancellations or failure of incentive trips or events unless these are based on intent or gross negligence.
d) If incentive benefits are taxable, the proper taxation is the responsibility of the Sales Partner.
§ 18 Right of Withdrawal for Sales Partners
(1) Sales Partners act as independent entrepreneurs in the course of their activities. Therefore, there is no statutory right of withdrawal under § 355 BGB, which is available exclusively to consumers.
(2) However, Berry.En grants new Sales Partners a voluntary right of withdrawal for their first order (“Starter Pack” or initial order). This may be exercised within fourteen (14) days after receipt of the goods.
Requirements:
• The goods must be returned unopened, undamaged and in their original packaging.
• Products that have already been opened, partly used or discounted are excluded from return.
• The return shipment is at the Sales Partner’s own expense to the return address specified by Berry.En.
(3) To exercise the right of withdrawal, written notice by email to customerservice@berryen.com within the specified period is sufficient.
(4) After receipt and inspection of the returned goods, Berry.En will refund the product value within 14 days to the account specified by the Sales Partner.
(5) There is no right of withdrawal or return for subsequent orders. Berry.En may, in individual cases, offer to accept a return as a gesture of goodwill; however, there is no legal entitlement to this.
§ 19 Data Protection
(1) Berry.En processes personal data in accordance with the GDPR.
(2) Data are processed only insofar as this is necessary for performance of the contract.
(3) Data sharing within the team structure:
Berry.En transmits the name, rank and country of a Sales Partner to his or her sponsor and upline insofar as this is necessary for settlement and support (Art. 6 (1) lit. b GDPR). Any further use by Sales Partners is prohibited.
(4) After termination of the contract, data will be deleted unless statutory retention obligations exist.
(5) Further information is contained in the current Privacy Policy.
§ 20 Transition from Customer to Sales Partner Status
(1) Existing retail customers may activate their Sales Partnership.
(2) Upon activation, they conclude a new contract as independent Sales Partners.
(3) This replaces the previous consumer terms and conditions insofar as they conflict.
(4) Renewed acceptance of these Terms and Conditions is mandatory.
§ 21 Testimonials and Public Statements
(1) Berry.En welcomes feedback, testimonials and opinions from its Sales Partners regarding products, events or cooperation. Such statements (“Testimonials”) may be published by Berry.En in whole or in part on websites, social-media channels or other communication media, provided that the Sales Partner has given consent.
(2) Any consent granted may be withdrawn at any time. Withdrawal may be submitted informally by email to: customerservice@berryen.com.
(3) Berry.En expressly distances itself from unlawful or misleading statements about products, in particular promises of healing or health-related claims that are not covered by official Berry.En materials. Berry.En assumes no liability for statements made by Sales Partners outside the official communication channels.
§ 22 Amendments to the Terms and Communication
(1) Berry.En may amend these Terms and Conditions if legitimate interests require this and no unreasonable disadvantage arises.
(2) Amendments will be announced in BEN.OFFICE at least 14 days before they take effect.
(3) If the Sales Partner does not object within one month, the amendments shall be deemed accepted. Berry.En will expressly inform the Sales Partner of the right to object and the deadline in the notification.
(4) Notices shall be deemed delivered when they are published in BEN.OFFICE or sent by email to the registered address.
§ 23 Applicable Law and Place of Jurisdiction
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes is Obrigheim, Germany.
§ 24 Severability Clause
Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a provision that most closely reflects the economic purpose.