Webshop TERMS

Contract terms and conditions under sales contracts concluded through the platform

between

 

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. Johannes Stellmann (Chairman), Dr. Armin Dörr, Dr. Philip Lettmann, Prof. Dr. Florian Stintzing. VAT no.: DE 811192546 - hereinafter referred to as the “Vendor” –

 

and

 

the customer referred to in §1 of the Contract - hereinafter referred to as the “Customer” .

 

§ 1 Scope, definition of terms

(1) The business relationship between the webshop vendor and the Customer shall be governed exclusively by the following General Terms and Conditions, as amended at the time of the purchase order. The purchaser’s conflicting terms and conditions shall not be recognised unless the Vendor expressly consents to their validity in writing.

(2) 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 Conclusion of the Contract

(1) The Customer may select cosmetic products from the Vendor´s Dr. Hauschka product range and place these in a “shopping cart” (up to a maximum of 3 items per reference) using the “Add to shopping cart” button. Using the “Submit order and complete payment” button the Customer submits a binding request to purchase the goods located in the shopping cart. Before sending the purchase order, the Customer may inspect and change the data at any time. However, the request may only be submitted and sent if the Customer accepts these Contract Terms and Conditions by clicking on the Button “ I Accept terms and Cancellation Policy” , thereby including these in their request.

(2) The Vendor thereupon sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s purchase order is stated once again and which the Customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the Customer’s purchase order has been received by the Vendor and does not constitute an acceptance of the request. The Contract is concluded only through the submission of the declaration of acceptance by the Vendor, which is sent by a separate e-mail (shipping confirmation )The Vendor will send the text of the Contract (consisting of the purchase order, the TERMS and shipping confirmation) to the Customer on a permanent data carrier (e-mail or paper printout) in this e-mail or in a separate e-mail or upon delivery of the goods (confirmation of the Contract). The text of the Contract shall be stored in compliance with data protection requirements.

(3) The language in which the Contract is concluded shall be German.

 

§ 3 Delivery, availability of the goods

(1) Delivery times indicated by the Vendor shall be calculated from the time of our shipping confirmation, provided the purchase price has been paid beforehand . The delivery time shall be 3 working days unless a different or no delivery time for the respective goods is indicated in our online shop.

(2) If the product selected by the Customer is not available at the time of the Customer’s purchase order, the Vendor shall notify the Customer accordingly in the order confirmation without undue delay. If the product is not deliverable, the Vendor will not send a declaration of acceptance. A Contract shall not be concluded in this case. By placing an order, you acknowledge and accept our terms and conditions as well as our stipulations regarding cencellation.

(3) The following delivery restrictions shall apply: the Vendor shall deliver only to customers who have their customary residence (billing address) in Germany and can indicate a delivery address in Germany. Quantities shall be restricted to those commonly used in the average household (a maximum of 3 items per reference).

 

§ 4 Retention of ownership

Until the complete payment has been made, the delivered goods shall remain the Vendor’s property.

 

§ 5 Prices and shipping costs

(1) All prices indicated on the Vendor’s website are quoted including the currently valid VAT.

(2) The shipping costs are EUR 3. The Vendor shall deliver to the Customer free of shipping costs from order values of EUR 40.

(3) The goods are shipped by DHL. The shipping risk shall be borne by the Vendor if the Customer is a consumer

(4) In the event of a cancellation, the Vendor shall bear the direct costs of returning the goods. A return label shall be enclosed with the shipped package.

 

§ 6 Payment methods

(1) The Customer may make the payment via PayPal, bank direct debit, giropay, paydirekt or credit card.

(2) The payment of the purchase price is due immediately upon the conclusion of the Contract. If the due date of the payment is determined in accordance with the calendar, the Customer will already be in default by missing the due date. In this case, the Customer must pay to the Vendor a default interest for the year in the amount of 5 per cent above the basic interest rate.

(3) The Customer’s obligation to pay default interest shall not exclude the assertion of further default damage by the Vendor

 

§ 7 Warranty for material defects, guarantee

The Vendor shall be liable for material defects in accordance with the applicable regulations, in particular sec. 434 et seq. of the German Civil Code [BGB]. With regard to entrepreneurs, the warranty period for items delivered by the Vendor is 12 months.

 

§ 8 Liability

(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 Vendor, 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 Vendor 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 Vendor’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 Vendor has maliciously concealed the defect or assumed a guarantee for the property of the item. The same shall apply if the Vendor 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.

 

§ 9 Cancellation policy

(1) In principle, consumers concluding a distance selling contract have a legal right of cancellation, about which the Vendor is informed in accordance with the statutory model below. Exceptions to this right of cancellation are governed by paragraph (2). Paragraph (3) contains a model cancellation form.

 

Model cancellation form

(If you wish to cancel the Contract then please fill in this form and send it back to us.)

To:

WALA Heilmittel GmbH, Dorfstr. 1, 73087 Bad Boll/Eckwälden, fax +49 (0)7164 930- 297, email shop@wala.de

  • I/we(*) hereby cancel 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)
  • Date

(*) Delete as applicable

 

§ 10 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/.

§ 11 Final provisions

(1) Contracts between the Vendor 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 Vendor shall be the Vendor’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.

 

 

(2) The Vendor provides information about the model cancellation form in accordance with the statutory regulation as follows:

 

Cancellation policy

Right of cancellation

You have the right to cancel this Contract without indicating reasons within fourteen days.

The cancellation 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 cancellation you must inform us, WALA Heilmittel GmbH, Dorfstr. 1, 73087 Bad Boll/Eckwälden, fax +49 (0)7164 930-297, email shop@wala.de, of your decision to cancel this Contract by a clear 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

The cancellation period will be observed if you send the notification specifying that you wish to exercise your right of cancellation before the end of the cancellation period.

Consequences of the cancellation

If you cancel 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 from the lowcost 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. The period will be observed if you dispatch the goods before the end of the fourteen-day period.

You 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