Webshop TERMS

Contract terms and conditions under sales contracts concluded through the Website www.drhauschka.de

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. Philip Lettmann (Chairman), Dr. Armin Dörr, Dr. Markus Moßhammer, Christian Rehbock, Prof. Dr. Florian Stintzing, Meera Ullal. VAT no.: DE 811192546

- hereinafter referred to as “WALA” –

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 WALA and the Customer shall be governed exclusively by the following General Terms and Conditions, as amended at the time of the purchase order. The Dr. Hauschka Customer Account Terms and Conditions, https://www.drhauschka.de/en/customer-account-terms-and-conditions/ apply to the free Dr. Hauschka customer account in the version valid at the time of the conclusion of the contract. The WALA Conditions of Participation, which can also be found on Dr. Hauschka's website (www.drhauschka.de/teilnahmebedingungen), apply additionally for the booking of WALA events. In the event of deviations from these general terms and conditions, the WALA Conditions of Participation take precedence over the general terms and conditions when booking events.

(2) The purchaser’s conflicting terms and conditions shall not be recognised unless the WALA expressly consents to their validity in writing.

(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. Conclusion of the Contract

(1) The Customer may select cosmetic products from the WALA´s Dr. Hauschka product range and place these in a “shopping cart” (up to a maximum of 5 items per reference) using the “Add to shopping cart” button. Using the “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. By clicking "complete payment", the customer confirms acceptance of our general terms and conditions and our cancellation policy.

(2) The WALA 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 WALA and does not constitute an acceptance of the request. The Contract is concluded only through the submission of the declaration of acceptance by the WALA, which is sent by a separate e-mail (shipping confirmation )The WALA 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 or English.

3. Delivery, availability of the goods

(1) Delivery times indicated by the WALA 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 WALA shall notify the Customer accordingly in the order confirmation without undue delay. If the product is not deliverable, the WALA 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 cancellation.

(3) If the product specified by the customer in the order is only temporarily unavailable, WALA shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions shall apply: the WALA shall deliver only to customers who have their customary residence (billing address) in the European economic area and can indicate a delivery address in Germany. Quantities shall be restricted to those commonly used in the average household (a maximum of 5 items per reference).

4. Retention of ownership

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

5. Prices and shipping costs

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

(2) The Shipping costs are EUR 4. The WALA shall deliver to the Customer free of Shipping costs from EUR 50 order value.

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

(4) In the event of a cancellation, the WALA shall bear the direct costs of returning the goods.

6. Payment methods

(1) The Customer may make the payment via PayPal, credit card (Visa, Mastercard), SOFORT Überweisung or Klarna Purchase on invoice.

(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 by the calendar, the Customer will already be in default by missing the due date. In this case, the Customer must pay the WALA 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 WALA.

7. Warranty for material defects, guarantee

The WALA 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 WALA is 12 months.

8. Customer feedback

(1) You have the opportunity to submit product ratings for products purchased in the Dr. Hauschka Webshop. However, this is only possible if you have opened a customer account with us, see Dr. Hauschka customer account conditions of participation on this Website. In this way, we ensure that only products actually purchased are rated on our website. You cannot rate Dr. Hauschka products that you have not purchased in the Dr. Hauschka Webshop, i.e. products that you have purchased in a store of one of our retail partners or in an online store different from ours.

(2) You can view purchased products in your customer account in your order history. You can rate a purchased product by using the button "Bewertung schreiben", which leads you to a rating mask. Within this mask, you can give your product rating in the form of stars (1-5) and optionally also enter a rating text and publish it afterwards.

(3) You can delete a once submitted rating, in which you and send a message to us (eg by e-mail to service@drhauschka.de or via our contact form).

9. 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 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.

10. Cancellation policy

(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.

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

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

Withdrawal policy

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

• 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)
• Date

(*) Delete as applicable