Conditions of participation for the Dr. Hauschka Friends Programme
Terms and conditions of contract under the Dr. Hauschka Friends programme, via the Dr. Hauschka website www.drhauschka.de
between
WALA Heilmittel GmbH, Dorfstr. 1 73087 Bad Boll/Eckwälden, Tel. +49 7164 930-0, registered in the Commercial Register of the Ulm District Court under HRB 530784, represented by the Executive Board: Dr Philip Lettmann (Chairman), Dr. Armin Dörr, Dr. Markus Moßhammer, Christian Rehbock, Prof. Dr. Florian Stintzing, Meera Ullal. VAT identification no.: DE 811192546 - hereinafter "WALA" -.
and
the customer referred to in §1 of the contract - hereinafter also referred to as "customer" or "friend" -.
be closed.
1. Scope of application, definitions
(1) The following Terms and Conditions of Participation in the version valid at the time of conclusion of the contract shall apply exclusively to the business relationship between WALA and the customer in relation to the Dr. Hauschka Friends Programme (Loyalty Programme). Deviating general terms and conditions of the customer shall not be recognised 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. For the Dr. Hauschka Customer Account, which can be opened free of charge for orders in the Dr. Hauschka Webshop, the Dr. Hauschka Customer Account Terms and Conditions shall apply in addition. The WALA Terms and Conditions of Participation, which can also be found on this website www.drhauschka.de/teilnahmebedingungen, apply additionaly to the booking of WALA events. In the event of deviations, these take precedence over the webshop terms and conditions when booking events. With regards to the Dr. Hauschka Friends Programme, these Terms and Conditions of Participation for the Dr. Hauschka Friends Programme shall take precedence over all aforementioned Terms and Conditions in the event of deviations.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to a 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 professional activity.
2. Description of the programme
(1) The Dr. Hauschka Friends programme offers you the opportunity to network more closely with us and thereby receive benefits that are reserved exclusively for the Friends community, f.i. participation in promotions such as competitions, seasonal promotions or new product launches with advantages. The Dr. Hauschka Friends Programme also gives you the opportunity to collect points in the Dr. Hauschka webshop, particularly on the purchase of goods or services, and to redeem them in various ways (e.g. rewards). The benefits are tailored specifically to you. This means, for example, that you can reach various Friends levels based on your sales in our online shop or receive other offers tailored to your person (e.g. birthday benefits). Participation is free of charge.
(2) We will inform you about all Dr. Hauschka Friends promotions in advance by e-mail.
3. Registration and conclusion of contract
(1) Every natural person who has reached the age of 18 can participate in the Dr. Hauschka Friends programme. You can also participate if you are not resident in the Federal Republic of Germany. In this case, however, you must provide a delivery address within the Federal Republic of Germany for a premium order. A prerequisite for participation in the Dr. Hauschka Friends programme is the opening of a customer account, which is regulated in more detail in the Dr. Hauschka Customer Account Terms and Conditions, see Par. 1.
(2) You can subscribe to the Dr. Hauschka Friends Programme exclusively online via the website www.drhauschka.de by entering your personal data including your e-mail address. By clicking on the "Subscribe" button, you are submitting a binding application to participate in our loyalty programme. You can change and view the data at any time before submitting the application. By clicking the button, you accept the Dr. Hauschka Friends Programme Terms and Conditions of Participation and include them in your application.
(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 merely documents that WALA has received the friend's registration. It contains the registration button "Confirm registration", which you are requested to click. The contract is only concluded when WALA automatically opens your customer account after your click. A special declaration to you is not required for the conclusion of the contract.
(4) Contractual languages are german and English.The contract shall be concluded in German or English, according to your choice of language on our website.
(5) Participation in the Dr. Hauschka Friends Programme is non-transferable. Your right to redeem Dr. Hauschka points is transferable to third parties, but only with our written consent.
4. Collecting and Crediting Dr. Hauschka points
(1) You can collect points when you purchase a Dr. Hauschka product in the Dr. Hauschka Webshop. One point has an equivalent value of at least 1 euro. You receive one point for every euro of your purchase (incl. VAT).When you register to take part in the Dr. Hauschka Friends Programme, Dr. Hauschka will give you a one-off credit of 50 points as a gift.
(2) Dr. Hauschka points can only be granted if you log in to your customer account before completing the payment process in the Dr. Hauschka Webshop. For technical reasons, Dr. Hauschka points can generally no longer be granted after this.
(3) We reserve the right to cancel points that have already been credited if the underlying legal transaction is cancelled (e.g. through withdrawal) or if other prerequisites for the credit cease to apply (e.g. non-payment of purchased goods). The same applies in the event of incorrect bookings or misuse of the programme (e.g. through fictitious transactions).
(4) Dr. Hauschka points collected by entrepreneurs within the meaning of the UStG for their business shall result in an adjustment of the input tax at the time of their redemption.
5. Dr. Hauschka points account and expiry of Dr. Hauschka points
(1) You can check the status of your Dr. Hauschka points account online at any time after logging into your customer account.
(2) We will inform you of the status of your Dr. Hauschka points account by e-mail at irregular intervals. In this case, we request that you submit any objections to the correctness or completeness of the points account balance to us in writing within one month of receipt of the notification. The objection must be accompanied by appropriate evidence, e.g. a copy of the cash voucher. If you do not submit objections in due time or in the prescribed form, the notified account balance shall be deemed to have been approved by you. We will again specifically point out this consequence when sending the account balance.
(3) The credited points expire at the end of 36 months since they were credited, and after this period at the end of the forth quarter (example: If the points were credited on 08.08.2018, they will expire on 31.12.2021). After expiry, Dr. Hauschka points can no longer be redeemed.
6. Redemption of Dr. Hauschka points
(1) The possibility of redeeming Dr. Hauschka points described below takes place according to the date of credit, i.e. points credited first are redeemed first. During the redemption process, you must identify yourself as the holder of the entitlement. This is done exclusively by logging into your customer account.
(2) You can redeem your Dr. Hauschka points for rewards (in particular non-cash rewards, services or vouchers etc.) from the Dr. Hauschka Rewards Shop.
7. Termination and changes to the conditions of participation
(1) You can cancel your participation in the Dr. Hauschka Friends programme at any time without giving any reason and without observing a period of notice. It is sufficient for you to click on the "Unsubscribe from Friends-Programme" button provided for this purpose within your customer account. You can also send us your cancellation by e-mail to kundenservice@Dr.Hauschka.de or in writing to the address given in point 1 above.
(2) Should we terminate the contractual relationship with you, a notice period of four weeks to the end of the calendar month will be observed. The right to terminate without notice for good cause (e.g. misuse of the programme, bogus transactions) remains unaffected. Our notice of termination shall be given in writing or by e-mail.
(3) Upon termination of the contract, points that have not yet been redeemed may be redeemed in accordance with the provisions of clause 7 during a phase-out period. This expiry period is 18 months from the date of termination of the contract.
(4) If you participate in the Dr. Hauschka Friends program but wish to cancel your Dr. Hauschka customer account, further participation in the Dr. Hauschka Friends program without a customer account is not possible for technical reasons. Therefore, the termination of the Dr. Hauschka customer account also constitutes the termination of participation in the Dr. Hauschka Friends program. If you still have Dr. Hauschka points credited to your account at the time of termination, you can redeem them in the Dr. Hauschka Webshop within 12 months of your termination taking effect. As it is no longer possible to log in to your Dr. Hauschka customer account after it has been terminated, please send a corresponding request to service@drhauschka.de within this period so that we can activate your account for this purpose.
8. Changes to the conditions of Participation
(1) We reserve the right to amend these Terms and Conditions of Participation and, if applicable, supplementary terms and conditions (e.g. for ordering rewards), 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 paragraph 1, in particular insofar as they are disadvantageous for you and are not based on a changed legal situation, shall only become effective vis-à-vis 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 Terms and Conditions shall remain valid in the unchanged version. However, we will then make use of our ordinary right of termination if necessary. We will again refer to these consequences separately in the notification.
9. Liability
(1) Claims for damages are excluded. Excluded from this are your claims for damages 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.
(2) In the event of a breach of material contractual obligations, WALA shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paras. 1 and 2 shall also apply in favour of WALA's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as WALA has fraudulently concealed a defect or has assumed a guarantee for the quality of the performance. The same applies insofar as WALA and you have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
10. Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of cancellation, which WALA informs them of below in accordance with the statutory model in Annex 1 to Art. 246 a § 1 para. 2 sentence 2 EGBGB. The exceptions to the right of cancellation when booking events are set out in WALA's conditions of participation. A sample cancellation form is provided in paragraph (3).
(2) Revocation Instruction
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of cancellation, you must inform us, WALA Heilmittel GmbH, of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
Return address:
WALA Heilmittel GmbH
Dr. Hauschka Online Shop
Obere Wängen 6
73119 Zell unter Aichelberg
Phone: +49 (0)7164 930-0
Fax: +49 (0)7164 930-297
E-mail: shop@wala.de
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
We bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
(3) WALA informs about the model withdrawal form according to the legal regulation as follows:
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
To:
WALA Heilmittel GmbH
Dr. Hauschka Shop
Dorfstraße 1
73087 Bad Boll/Eckwälden
Phone: +49 (0)7164 930-0
Fax: +49 (0)7164 930-297
E-mail: shop@wala.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/Received on (*)
- Name of the consumer(s)
- Address of the consumer(s)signature of the consumer(s) (only in the case of notification on paper)
- Date
(*) Delete as applicable
10. consumer arbitration board, dispute resolution
(1) WALA does not participate in dispute resolution proceedings (pursuant to VSBG) before a consumer arbitration board.
(2) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
11. codes of conduct
WALA has committed to abide by 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.
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 AKG e.V. website, https://www.ak-gesundheitswesen.de/praevention-vor-sanktion/verhaltenskodex/.
12. final provisions
(1) Contracts between WALA and the customer 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 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 points are legally invalid. The invalid points 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.
Status: June 2024
