Terms and conditions for participation in WALA Heilmittel GmbH events

 

1. Scope of application, definitions

(1) The following conditions of participation govern the contractual relationship between the participant in face-to-face events, webinars or online workshops (hereinafter referred to as "events" or "online/, offline events") 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 the management: Dr. Johannes Stellmann (Chairman), Dr. Armin Dörr, Dr. Kai Fehse, Dr. Markus Moßhammer, , Prof. Dr. Florian Stintzing, VAT identification no.: DE 811192546 (hereinafter referred to as "WALA") in the version valid at the time of booking. Deviating general terms and conditions of the participant are not valid.

(2) For the booking of WALA events via the Dr. Hauschka Webshop, the WALA Webshop Terms and Conditions, which can also be found on the Dr. Hauschka website (www.drhauschka.de/agb), shall apply in addition. These Webinar Terms and Conditions shall take precedence over the Webshop Terms and Conditions in the event of any deviations when booking events.

(3) The participant is a consumer insofar as the purpose of the booked services cannot be predominantly attributed to his/her commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or self-employed activity.

 

2. Conclusion of the contract and booking procedure

(1) Depending on the event, your registration can be made by letter, fax, e-mail or telephone. The contract for the event is only concluded by our booking confirmation in text form. After the registration deadline, if such a date is set, we will send the booking confirmation. The participant is informed, that the contract is only concluded with the inclusion of our conditions of participation, which can be found on the WALA website. This information can also be found on our flyers for events and on the registration forms for the event.

(2) Participation in an online event takes place exclusively online using a provider of video conferencing, internet telephony, etc.

(3) The participant can also book certain events via the Dr. Hauschka Webshop. The participant can select one or more events from WALA's online range of events and collect them in a so-called shopping basket by clicking on the "add to shopping basket" button. By clicking on the button "order with obligation to pay", the participant submits a binding application to book the events in the shopping basket. Before submitting the order, the participant can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "With your order you agree to our terms and conditions of participation and cancellation" and has thereby included them in his application.

(4) If the event is fully booked, the participant is already informed of this by the fact that the button "Add to shopping basket" cannot be pressed, but contains a note indicating that free places are not available.

(5) WALA will then send the participant an automatic confirmation of receipt by e-mail in which the booked event(s) of the customer is (are) listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the participant's booking has been received by WALA and does not constitute acceptance of the application. The contract is not concluded until WALA issues a statement accepting the offer, which is sent in a separate e-mail (booking confirmation). In this e-mail or in a separate e-mail, the text of the contract (consisting of the event booked, terms and conditions of participation and offer acceptance) will be sent by us to the participant on a permanent data medium (printable e-mail or paper printout) (confirmation of contract). The text of the contract will be stored in compliance with data protection laws. If an online event is booked, the participant will receive the dial-in data and technical assistance for using the respective online tool in another e-mail up to approx. three days before the event.

(6) If the event is a specialist event, e.g. an event on the subject of medicines or for Dr. Hauschka Estheticians, and participation is subject to certain requirements, e.g. certification as a Dr. Hauschka Esthetician, WALA will check the requirements for participation before submitting the acceptance of the offer.

(7) If the event was booked together with a product package containing cosmetic products required for the event, the participant will receive the selected product package by post a few days after registration/purchase. The participant will receive an email with the dial-in data a few days before the event date.

(8) The contract shall be concluded in German unless another language is defined as the contract language in the booking confirmation for business customers, not consumers.

 

3. Voucher

(1) WALA shall give the participant a voucher to the value of 10.00 € upon conclusion of the contract for the booking event via the Dr. Hauschka Webshop. The voucher is attached to the booking confirmation as an email attachment and can be printed out by the participant.

(2) Following the event attended, the voucher can be redeemed in the WALA Shop, Dorfstr. 1, 73087 Bad Boll/Eckwälden. This requires the customer to purchase a product available in the WALA shop at a price of at least €10, against whose price (purchase price claim) the voucher will be offset. The voucher can only be redeemed directly after the event and by the participant. It can not be paid out in cash or be redeemed in the Dr. Hauschka Web-Shop.

 

4. Performance and performance disruptions

(1) WALA shall generally hold the online and offline event as described in the advertising materials/WALA website. If a participation fee is charged, this fee covers one person on the selected event date incl. VAT, for entrepreneurs and bookings not via the webshop the fee does not include VAT.

(2) WALA reserves the right to replace announced speakers with others and to make necessary changes to the event programme while maintaining the overall character of the event. If the event cannot be held due to force majeure, because a speaker is unable to attend, because of disruptions at the venue or because the number of participants is too low, the participants will be informed immediately and an alternative date will be offered. Cancellation due to insufficient number of participants will be made no later than 3 days prior to the event; if possible, earlier notification of cancellation will be made. The event fee will be refunded in the cases listed in sentence 2 unless the alternative date takes place and can be attended by the participant.

(3) A claim for reimbursement of travel and accommodation costs as well as loss of work is excluded, unless such costs arise due to grossly negligent or intentional conduct on the part of WALA. In the event of any disruptions to performance, WALA undertakes to do everything reasonable to help remedy or limit the disruption.

 

5. Due date and payment

(1) If a participation fee is charged for participation in the event and a booking is made by letter, fax, e-mail or telephone, this is due at the time stated in the booking confirmation or, if no due date is stated therein, after receipt of the invoice. Payment shall be made by bank transfer to WALA's account. Payment by sending cash or cheques is not possible; WALA accepts no liability in the event of loss.

(2) When booking via the Dr. Hauschka Webshop, the participant can make payment via PayPal, direct debit, credit card (Visa, Mastercard), SOFORT Überweisung, Giropay or with Paydirekt. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the deadline. In this case, he shall pay WALA interest on arrears for the year at a rate of 5 percentage points above the base rate.

 

6. Right of withdrawal for consumers when booking online

(1) The booking of an event takes place on a specific date or period specified by WALA. Thus, the contract for an event, which has as its subject matter a service in the field of leisure activities with regard to consumers, is in principle not subject to any right of revocation. The event is bindingly booked after receipt of the booking confirmation and cannot be revoked.

(2) For events booked together with a product package, we grant a right of withdrawal from the contract. The purchase of a product package that includes cosmetic products required for an online workshop can be revoked within 14 days of the conclusion of the contract in accordance with our Webshop Terms and Conditions, section 9. Accordingly, the right to withdraw from the event contract can also be exercised up to 14 days after conclusion of the contract. A uniform declaration by the participant is sufficient for this purpose. The product package must be returned to us unused at WALA's expense in accordance with section 9 of the Webshop Terms and Conditions.

 

7. Cancellation of offline events

Cancellation is possible free of charge up to 14 days before the start of the event. You must submit your cancellation in text form, i.e. by fax, email, etc. To comply with the deadly, the date of receipt by WALA is decisive. In the event of later cancellation or non-appearance on the day of the event, the full participation fee will be charged. WALA will gladly accept a substitute participant at no additional cost, except in the case of further or advanced training events for business customers. The participant is generally entitled to prove that no damage has been incurred as a result of the cancellation of the event or that the damage is significantly lower than the cancellation fee retained by WALA.

 

8. Copyright, notes on the webinar link, image and sound recordings

(1) If event documents are handed out or made available in any other way, they are protected by copyright. Reproduction, transmission or other use of the documents other than for personal study is only permitted with the explicit written consent of WALA.

(2) The webinar/workshop is intended for the training of our Dr. Hauschka brand partners and their employees or for the training of end consumers who have, for example, purchased a workshop action package in the Dr. Hauschka webshop. It may therefore not be made available to outside third parties who have not booked an event. The link to the webinar workshop sent in the booking confirmation must therefore also be treated confidentially and may not be forwarded to third parties.

(3) The presentations, information, images, moving images, etc. shown in the webinar are protected by copyright or industrial property rights (contents) shown in the webinar are protected by copyright or industrial property rights. Filming, taking screenshots, recording images and/or sound or any reproduction of the contents, passing on the contents to third parties or making them publicly accessible is not permitted.

 

9. Image and sound recordings by WALA, data protection information

(1) WALA may wish to take photographs, drawings and video recordings of events and participants at an event. Recordings may also be made by the press and/or television with WALA's consent. A corresponding note can be found on the registration forms, flyers, etc. provided or on the WALA website, which contains information on the respective event. The purposes for which the photos are taken, the recipients and the storage period are exclusively specified by WALA and the event guest is informed in detail about his or her GDPR rights. For this purpose, a written or printable information supplement will be enclosed with the booking confirmation or will be made available as a take-away copy on the day of the event.

(2) Participants are not entitled to make audio or video recordings of the event or of participants.

(3) Further information on data protection can be found in our data protection information on the WALA website.

 

10. Liability 

(1) The events are carefully prepared and conducted by qualified authors and speakers. WALA accepts no liability for the timeliness, accuracy and completeness with regard to the event documents and the implementation of the event.

(2) Claims for damages by the participant are exempt. Excluded from this are claims for damages by the participant arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by WALA, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(3) In the event of a breach of material contractual obligations, WALA shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a case of damage to the participant resulting from injury to life, limb or health.

(4) The restrictions of paragraphs 1 to 3 shall also apply in favour of WALA's legal representatives and vicarious agents if claims are made directly against them.

 

11. Consumer arbitration board, dispute resolution

(1) In the event of consumer disputes with WALA, the dispute resolution body would be the General Consumer Arbitration Board of the Zentrum für Schlichtung e. V.,

Strassburger Str. 8, 77694 Kehl, phone: +49 7851 7957940, fax: +49 78517957941,
Internet: www.verbraucher-schlichter.de, e-mail: mail@verbraucherschlichter.de.
This arbitration board is a "general consumer arbitration board” according to § 4 paragraph 2 sentence 2 VSBG. However, WALA declines to participate in dispute resolution proceedings.

(2) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.

 

12. Final provisions

(1) Contracts between WALA and the participant shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance for the services and the place of jurisdiction for all disputes arising from contractual relationships between the customer and WALA shall be the registered office of WALA.

(3) The contract shall remain binding in its remaining parts even if individual clauses are legally invalid. The ineffective clauses shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.