Dr. Hauschka customer account terms and conditions
Contractual terms and conditions for a customer account in the Dr. Hauschka Webshop on the website www.drhauschka.de
WALA Heilmittel GmbH, Dorfstr. 1 73087 Bad Boll/Eckwälden, Tel. +49 7164 930-0, entered in the commercial register of the Ulm District Court under no. HRB 530784, represented by its management board: Dr. Philip Lettmann (Chairman), Dr. Armin Dörr, Dr. Kai Fehse, Dr. Markus Moßhammer, Prof. Dr. Florian Stintzing. VAT no.: DE 811192546
- hereinafter referred to as the “WALA” –
the customer referred to in §1 of the Contract
- hereinafter referred to as the “Customer”.
1. Scope, definition of terms
(1) The Dr. Hauschka Customer Account terms and conditions apply exclusively to the business relationship between WALA and the customer in relation to the free Dr. Hauschka customer account. Deviating general terms and conditions of the customer shall not be recognized unless WALA expressly agrees to their validity in writing.
(2) For the purchase of Dr. Hauschka products in the Dr. Hauschka Webshop, which is also located on the website www.drhauschka.de, the Dr. Hauschka Webshop Terms and Conditions, www.drhauschka.de/agb, apply. The WALA Terms and Conditions of Participation, which can also be found on this website www.drhauschka.de/teilnahmebedingungen, apply additionally to the booking of WALA events. In the event of deviations, these take precedence over the webshop terms and conditions when booking events. With regard to the Dr. Hauschka customer account, these Customer Account Terms and Conditions shall take precedence over all aforementioned Terms and Conditions in the event of any deviations.
(3) The Customer is a consumer, unless the purpose of the deliveries and services ordered can predominantly be attributed to their commercial or independent professional activity. On the other hand, each natural person or legal entity or partnership with legal capacity that exercises their commercial or independent professional activity upon the conclusion of the Contract is a entrepreneur.
2. Customer account
(1) The customer has the possibility to open a free customer account in the Dr. Hauschka Webshop. This allows you to shop quickly, store your user data and settings, view your orders including shipment information and manage your newsletter subscription. The opening of a customer account is necessary to make a purchase, unless the customer orders via the button "Direct to PayPal", which is already visible in the shopping cart.
(2) To open the customer account, it is necessary that you click the button "Create customer account and continue " after entering your personal data and a self-selected password. By doing so, you submit a binding application to open a customer account. Before submitting the application, you can change and view the data at any time. By clicking the button, you accept the Dr. Hauschka customer account terms and conditions.
(3) WALA will then send the customer an automatic confirmation of receipt by e-mail, in which the registration is listed again. The automatic confirmation of receipt documents that the customer account has been created at WALA Heilmittel GmbH. A special declaration to you is not required for the conclusion of the contract with regard to the customer account.
(4) The contract shall be concluded in German or English.
3. Termination of the customer account
(1) You may terminate the customer account at any time without giving any reason and without notice by clicking on the "Unsubscribe from the customer account" button provided for this purpose within your customer account. You can also send us the cancellation by e-mail to email@example.com, use our contact form or send it in writing to the address mentioned before clause 1.
(2) If we terminate the contractual relationship with you, we will observe a notice period of four weeks to the end of the calendar month. The right to terminate without notice for good cause (e.g. misuse of the program, bogus transactions) remains unaffected. Our notice of termination shall be given in writing or by e-mail.
4. Changes of the conditions of participation for the customer account
(1) We reserve the right to change the terms and conditions for the customer account, in particular to adapt them to changed legal and technical circumstances. The current version of the conditions is available online on our website. Changes that are merely advantageous or neutral for you will take effect immediately. The same applies to adjustments that become necessary due to changes in the legal situation.
(2) All other changes not covered in sect. 1, in particular insofar as they are disadvantageous to you and are not based on a changed legal situation, shall only become effective against you if we have expressly notified you of the changes and you agree to them or do not object within a period of 30 days. If you object, the conditions remain valid in the unchanged version. However, we will then, if necessary, make use of our ordinary right of termination. We will again refer to these consequences separately in the notification.
(1) The Customer’s claims for damages shall be excluded. This shall not include the Customer’s claims for damages based on injury to life, limb and health or on the infringement of material contractual obligations (cardinal duties) as well as liability for other damage that is based on an intentional or grossly negligent breach of duty by the WALA, its statutory representatives or vicarious agents. Material contractual obligations are such whose fulfilment is necessary for the achievement of the goal of the Contract.
(2) In the event of the infringement of material contractual obligations, the WALA shall be liable only for the foreseeable damage typically occurring under the Contract if this was caused through ordinary negligence, unless this concerns claims for damages by the Customer based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply for the benefit of the WALA’s legal representatives and vicarious agents if claims are asserted directly against these.
(4) The limitations on liability resulting from paragraphs 1 and 2 shall not apply if the WALA has maliciously concealed the defect or assumed a guarantee for the property of the item. The same shall apply if the WALA and the Customer have concluded an agreement about the property of the item. The regulations of the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
6. Right of withdrawal
(1) In principle, consumers concluding a distance selling contract have a legal right of withdrawal, about which the WALA informs in accordance with the statutory model below. The exceptions to the right of withdrawal when booking events are set out in WALA's Conditions of Participation. Paragraph (2) contains a model cancellation form.
Right of withdrawal
You have the right to withdrawal this Contract without indicating reasons within fourteen days.
The withdrawal period is fourteen days from the date on which you or a third party indicated by you, which is not a carrier, have/has taken possession of the goods.
To exercise your right of withdrawal you must inform us, WALA Heilmittel GmbH, Dr. Hauschka Onlineshop, Obere Wängen 6, 73119 Zell unter Aichelberg, fax +49 (0)7164 930-297, email firstname.lastname@example.org, of your decision to cancel this Contract by a explicit statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form for this purpose but are not obliged to do so.
You comply with the withdrawal period if you send the notification specifying that you wish to exercise your right of withdrawal before the end of the cancellation period.
Consequences of the withdrawal
If you withdrawal this Contract we shall refund to you all payments that we have received from you, including the delivery costs (with the exception of any additional costs arising from your selecting a different type of delivery than the low-cost standard delivery offered by us), without undue delay and no later than within fourteen days from the date on which we received the notification of your cancellation of this Contract. We will use the same means of payment for the refund as you used for the original transaction, unless an alternative has been agreed with you; under no circumstances will you be charged fees on the grounds of this refund.
We may refuse to make the refund until we either have received the returned goods or until you have furnished documentary evidence that you have returned the goods, whichever is earlier.
You must send back or hand back the goods to us without undue delay and in any case no later than fourteen days from the date on which you inform us about the cancellation of this Contract. You are in compliance with this period if you dispatch the goods before the end of the fourteen-day period.
The WALA shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to said goods being handled in a manner that is unnecessary in order to verify their characteristics, properties and proper functioning.
(2) The WALA provides information about the model withdrawal form in accordance with the statutory regulation as follows:
Model withdrawal form
(If you wish to withdrawal the Contract then please fill in this form and send it back to us.)
WALA Heilmittel GmbH, Dorfstr. 1, 73087 Bad Boll/Eckwälden, fax +49 (0)7164 930-297, email email@example.com
- I/we(*) hereby withdrawal the Contract that I/we (*) concluded for the purchase of the following goods(*)/the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in the case of notification on paper)
(*) Delete as applicable
7. Dispute resolution body
We do not participate in any dispute resolution proceedings (in accordance with the Act on Alternative Dispute Relosultion in Consumer Matters (VSBG)) before a consumer dispute resolution body.
The European Commission provides a platform for online dispute resolution (ODR) available at http://ec.europa.eu/consumers/odr/.
8. Codes of conduct
WALA is committed to adhering to the following codes of conduct:
- Code of Conduct of the WALA Group
- Code of Conduct of the members of the "Arzneimittel und Kooperation im Gesundheitswesen e.V." AKG e.V. (Pharmaceuticals and Cooperation in Health Care).
The WALA Group Code of Conduct can be viewed on the WALA website, www.wala.word/de/fakten.html, and the AKG Code of Conduct can be viewed on the website of AKG e.V., https://www.ak-gesundheitswesen.de/praevention-vor-sanktion/verhaltenskodex/.
9. Final provisions
(1) Contracts between the WALA and the Customer shall be governed by the law of the German Federal Republic to the exclusion of the UN Sales Law. The statutory regulations on the restriction of the choice of law and the application of mandatory regulations, in particular of the State in which the Customer as a consumer has his or her place of residence, shall remain unaffected.
(2) If the Customer is a merchant, a legal person under public law or a special fund under public law, the legal venue for all disputes under the contractual relationship between the Customer and the WALA shall be the WALA’s registered office.
(3) Even if individual provisions of the Contract are or become legally ineffective, the remaining parts shall remain unaffected. As applicable, the statutory regulations shall apply instead of the ineffective provisions. If, however, this constitutes an unreasonable hardship for one party to the Contract, the Contract shall be invalid in its entirety.
(As of 28.05.2022)