Terms and conditions for participation in WALA Heilmittel GmbH events
1. Scope, definitions
(1) The following terms and conditions for participation govern the contractual relationship between the participant in WALA events (hereinafter “Event”) and WALA Heilmittel GmbH, Dorfstr. 1, 73087 Bad Boll/Eckwälden, Tel. +49 7164 930-0, registered in the Commercial Register of the district court of Ulm under HRB 530784, represented by directors: Dr. Johannes Stellmann (Chairman), Dr. Armin Dörr, Dr. Philip Lettmann and Prof. Dr. Florian Stintzing, VAT Reg. no.: DE 811192546 (hereinafter “WALA”) in the version valid at the time of booking.
(2) The Customer shall be deemed a consumer, provided that the purpose of the booked services cannot be deemed predominant in respect of the consumer’s commercial or independent professional activity. By contrast, a business operator is any natural person or legal entity or partnership with legal personality that, on conclusion of the contract, is exercising their commercial or independent professional activity.
2. Conclusion of the Contract
(1) Depending on the event, you may register by letter, fax, e-mail or telephone. The contract is only concluded on the sending of our registration confirmation in writing. Whenever the event is a specialised event, e.g. an event on the topic of pharmaceuticals or for Dr. Hauschka Natural Estheticians, where participation is restricted by certain conditions, e.g. Dr. Hauschka Natural Esthetician certification, the contract for the Event shall only be concluded on the sending of our registration confirmation in writing after checking that the specific conditions for the participant have been satisfied. After the registration deadline, if such a date has been specified, we will send the registration confirmation. It is hereby stated that the contract shall only come into force on incorporation of our terms and conditions of participation therein, and said terms and conditions of participation may be found on WALA web pages regarding the Event. Such notice is also provided in our event flyers and registration forms for the Event.
(2) The participant may also book events via the Dr. Hauschka Webshop. The participant may select one or more events from the online WALA event offering, collecting them via the “add to basket” button in a so-called shopping cart. Via the button “order with payment”, the participant makes a binding request to book the events in the shopping cart. Before submitting the order, the participant may review it and change any details at any time. However, the booking request can only be submitted and sent after the customer accepts these terms and conditions by clicking on the “On placing your booking, you agree to and accept our terms and conditions of participation and cancellation policy”, which are incorporated into the customer’s booking request by reference.
(3) Whenever the Event is fully booked, the participant will see that the “Add to basket” button is not active and will receive a message indicating the unavailability of vacant places.
(4) After the online booking, WALA will send the participant an automatic booking confirmation by e-mail in which the customer’s booked event(s) is/are listed again and which the customer may download and print using the “print” tool. With the automatic booking confirmation, the contract with WALA comes in force. In this e-mail, the contract subject matter (consisting of the booking and terms and conditions of participation) will be sent to the participant by us using a durable medium (printable e-mail or paper printout) (contract confirmation).
The contract will be stored in compliance with data protection legislation.
(5) The contract is concluded in German, unless the booking confirmation for business customers, not consumers, states a language other than the contract language.
(1) WALA will award the event participant a voucher worth € 10.00 on booking specially marked events available at the Dr. Hauschka Webshop. The voucher will be given to the WALA event participant at the event venue.
(2) The voucher may only redeemed after having attended the Event, at the WALA store, Dorfstr. 1, 73087 Bad Boll/Eckwälden. For redeeming the voucher, the customer will need to buy a product available at the WALA store for a price of at least € 10, against the price of which (purchase price) the voucher will be offset. Cash payment of the voucher is excluded. Redemption at another time other than after the booked and attended Event or in the Dr. Hauschka Webshop is not possible. The voucher is not transferable.
4. Service and service impairment
(1) WALA shall implement the Event in accordance with the description in the advertising materials/on WALA website pages. Whenever a participation fee is required, this is understood per person and per event date including VAT, for business operators and booking not via the Webshop it is understood as plus VAT.
(2) WALA reserves the right to replace advertised speakers with others and to make any necessary changes to the event program whilst maintaining its overall character. Whenever the Event cannot take place due to force majeure, the inability of a speaker to attend, problems at the venue or due to a lack of participants, participants shall be notified without delay. Cancellation due to insufficient number of participants shall be made no later than 3 days before the event date and, whenever possible, earlier notification of cancellation shall be made. The event fee shall be reimbursed in the cases listed in clause 2.
(3) No claims for reimbursement of travel and accommodation expenses or lost working time shall be accepted, unless such costs are caused by grossly negligent or malicious actions on the part of WALA. WALA warrants to take all reasonable measures in the event of service impairment for remedying or limiting the disruption.
5. Fee due date and payment
(1) Whenever a participation fee is charged for attending the Event and a booking is made by letter, fax, e-mail or telephone, this is due on the date stated in the registration confirmation or, whenever such date is not mentioned, it is payable upon receipt of the invoice. Payment shall be made by remittance to WALA’s account. Payment may be made by forwarding cash or cheques; WALA shall not be liable for any losses.
Whenever a calendar date has been specified for payment, the customer shall be in default if the date is not respected. In this case, the customer shall pay WALA default interest at the rate of 5 percentage points above the base lending rate.
(2) On booking via the Dr. Hauschka Webshop, the participant may make payment by PayPal, direct debit card (direct debit), credit card (Visa, Mastercard), SOFORT transfer, Giropay or Paydirekt. The participation fee is due immediately upon conclusion of the contract.
6. No consumer right of withdrawal
The booking of an Event shall take place on a specific date or within a period specified by WALA. Thus, the contract for the Event, related to a consumer service within the sphere of leisure activities, shall not be subject to a right of withdrawal. The Event is binding after the receipt of the registration confirmation and no withdrawal is permitted.
Cancellation is possible free of charge up to 14 days before the start of the Event. You are required to submit your cancellation in writing, i.e. via fax, e-mail etc. Receipt by WALA shall be deemed decisive for compliance with the cancellation deadline. In case of later cancellation or no-show on the day of the Event, the participation fee shall be charged in full. WALA shall willingly accept a replacement participant, without additional charge, except for advanced refresher seminars for business customers. The participant shall be entitled, in principle, to provide proof that the cancellation of the Event did not result in any damage or that it resulted in damage substantially lower than the cancellation fee retained by WALA.
(1) Any documents that are handed out at the Event or supplied in any other way shall be protected by copyright. Reproduction, forwarding or any other use of such documents shall be subject to WALA’s express written consent.
(3) Participants are not authorised to make audio or video recordings of events or participants.
(1) The events are carefully prepared and conducted by qualified authors and speakers. WALA assumes no liability for the topicality, completeness and correctness of the event documents and the implementation of the Event.
(2) Participant claims for damages are excluded. The foregoing shall exclude participant claims for damages resulting from injury to life, limb and health or from the breach of essential obligations (cardinal obligations), as well as liability for other damage caused by an intentional or grossly negligent breach of duty by WALA, its legal representative or agents. Essential contractual obligations are those which are required to be performed for achieving the objective of the contract.
(3) In case of breach of essential obligations, WALA shall only be liable for contractually typical and foreseeable damages, whenever such damage is caused by simple negligence, unless the participant’s claim is for damages resulting from injury to life, limb or health.
(4) The restrictions under paragraphs 1 to 3 shall also apply in favour of WALA’s legal representative and agents, whenever claims are brought directly against them.
10. Consumer Arbitration Board, Dispute Resolution
(1) WALA shall not participate in a dispute resolution procedure (under the Act on ADR in Consumer Matters) before a consumer arbitration board.
(2) The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/.
11. Final provisions
(1) For contracts between the participant and WALA, the law of the Federal Republic of Germany shall apply, with exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory rules limiting the choice of law and the applicability of mandatory provisions, in particular, of the State in which the customer as consumer has their habitual residence, shall remain unaffected.
(2) Provided that the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising out of contractual relationships between the customer and WALA shall be that of WALA’s registered office.
(3) The contract shall remain binding, also in case of individual provisions being deemed legally unenforceable, in respect of its remaining parts. Statutory provisions, if available, shall replace the unenforceable provisions.
Insofar as this may constitute an unreasonable hardship to a Party to the contract, then the contract, as a whole, shall be deemed unenforceable.