§ 1 Conclusion of the contract

1. All offers of the company Prosando AG are subject to change. A sales contract is concluded if Prosando AG accepts your appointment by either sending confirmation of the order in text form or supplying the goods.

2. After executing an order transaction you will automatically receive a confirmation of the order from our shop system by e-mail. Please contact us, if you do not receive this confirmation of the order.

1. List prices at the time of the order apply. These are also recorded in the automatically generated confirmation of the order.

2. All indicated prices include 19%  added VAT. Additionally overall forwarding expenses occur, which are likewise recorded in the confirmation of the order.

3. Invoices are immediately payable and paymants have to be made without deductions free of charge to the following account:

Account holder: Prosando AG
Account number: 244 66 56
BLZ: 87070000 Deutsche Bank

4. Dispatch of the ordered goods takes place only after complete prepayment of the invoiced amount or - only in case of supply within the Federal Republic of Germany - by cash on delivery (cash payment to the deliverer). In both cases a detailed invoice is attached on delivery. In case of "cash and carry payment" the payment must take place either cash, by EC card or by prepayment.

5. We supply public authorities, schools, universities and hospitals on account having received an official order by fax or letter.

6. We supply tax free to Switzerland and - by presenting a valid VAT ID - to the European Union. A subsequent refunding of the added VAT, e.g. with personal export from Germany, is not possible.

1. The delivery period is indicated directly at the product description. The period stipulated for delivery starts in case of order "cash on delivery" from receipt of the customers order, in case of order against "prepayment" from receipt of the customers payment.

2. If the delivery period extends by more than two weeks, the customer has the right of withdrawal of the sales contract. Prepayments will be refunded.

§ 4 Transport, Dispatch and Forwarding Expenses

1. Dispatch is made with insured packages. An insurance appropriate to the value of goods is always effected.

2. The buyer has to examine the goods immediately after receipt and report possible transport damages to the parcel service immediately.

3. Shipping costs within Germany and within the European Union are calculated overall as shown on our site shipping costs.

§ 5 Return instructions

1. Right of return

If the buyer is a consumer, he/she has the right to revoke his / her contractual statement, without stating reasons, within two weeks of receipt of the goods in writing (e.g. letter, fax, e-mail) or - if you received the goods before the expiry period is over - by returning the goods. The period begins upon receipt of this instruction in writing, but not before receipt of the goods by the recipient (in case of recurrent delivery of similar goods not before receipt of the first partial delivery), and also not before we performed our duty to supply information pursuant to Section 312c, para 2, in conjunction with the Civil Code Article 1, section 1, 2 and 4-InfoV Civil Code as well as our duties pursuant section 312e, para 1, sentence 1, in conjunction with the Civil Code section 3 BGB-InfoV. In order to meet the cancellation time limit it is sufficient to send the withdrawal or the goods in time.

The withdrawal or return must be sent to:

ProSando Informationtechnik AG
Schubertstraße 18
09337 Hohenstein-Ernstthal

Tel. +49 (0)37 23 - 4 01 76-0
Fax +49 (0)37 23 - 4 01 76-90
Email: info@prosando.de

In case of a service the right of withdrawal expires early if we started to perform the service before the end of the cancellation time with your explicit consent or if you prompted it yourself.

2. Consequences of revocation and return

In case of a valid return any performance received by both parties are to be returned, as are benefits derived from such performance. If you can not return the performance entirely or partially, or only in a declined condition, you must pay compensation for the value in this respect as the case may be. This does not apply if the deterioration is due exclusively to inspection of the goods - as it would have been possible to the consumer for instance in the retail shop. The consumer can avoid the compensation of value by not using the goods like a proprietor and omitting everything which impairs their value.  

Goods which can be sent by parcel are sent at our risk. If the delivered goods correspond to the ordered goods, and if the price of the returned goods does not exceed the amount of 40 Euro or, in case of a higher price of the goods at the time of the withdrawal, if you have not reciprocated or partially paid as contracted, you bear the costs of the return. Otherwise the return is free of charge for you. Goods which can not be sent by parcel will be picked up at your place. Payments have to be refunded by the customer within 30 days. For you the period begins with sending off the notice of withdrawal or the goods, for us the period begins with its reception.

3.Further regulations

Before returning bulky items  please contact us in order to arrange a date for pickup or for the definition of the mode of dispatch.

§ 6 International deliverys

§ 7 Warranty, Repairs

1. Customer's rights resulting from a breach of warranty against defects are granted for a limited period of two years in case of new equipment. Warranty claims for used goods are subject to a limitation period of one year.

2. In case of obvious defects of quality the buyer has to give written notice of the defect to zwave4u not later than 14 days after supply. Minor faults in the goods or insignificant variation of specification or minor deviation from description (i.e. color, dimensions, weight) or other attributes or performance features do not state warranty claims for the customer.

3. Defects and damages resulting from the fact that the customer did not adhere to the prescribed installation guide and operating conditions are excluded from the warranty.

4. Intrusion or repairs of equipment, carried out by the customer or non authorized technical personnel, results in forfeiture of warranty claims.

5. Defects of quality can be remedied either by removal of defects or by replacement. If removal of defects or replacement leads to unreasonable or disproportionate costs, the claim of the buyer is restricted to the remaining way of supplementary performance. The customer's right of cancellation of the contract or reduction of the purchase price remains unaffected, if supplementary performance failed twice.

6. In case of defects of quality the buyer has the choice to remit the equipment to the company zwave4u or directly to the manufacturer. If the customer remittes defective equipment to Scandig, we forward it to the manufacturer. In this case the duration of repair will extend substantially.

§ 8 Liability

1. Liability of the company zwave4u  in case of simple negligence shall be excluded. zwave4u is liable only in case of wilful misconduct or gross negligence.

2. With the exception of wilful misconduct zwave4u shall not be liable for any indirect, putative or consequential damages or loss of profit, whether based on contract, tort or arising under other applicable laws.

§ 9 Jurisdiction / Choice of applicable law

1. For any dispute relating to the validity, performance, construction or interpretation of these terms and conditions or any dispute arising out of or in connection to the contractual relation between the buyer and the company zwave4u, exclusive jurisdiction shall vest with the Zwickau courts, if the customer is a merchant or a corporation or a special property under public law or if the customer does not have a general jurisdiction in the Federal Republic of Germany.

2.Solely the right of the Federal Republic of Germany applies, without reference to conflict´s of laws principles. The United Nations Convention on Contracts for the International Sale of Goods ("CISG / UN-Kaufrecht") shall not be applicable.

§ 10 Privacy

1. Collecting, processing and use of personal data : Personal data will be collected only if you willingly convey it to us in the context of your order or by subscribing to our newsletter. We process your personal data without special agreement exclusively for processing and completing your order.

2. When subscribing to our newsletter your name and your e-mail address will be used with your agreement for sending the newsletter to you, until you unsubscribe to the newsletter.

3. Disclosing personal data: Personal data will be disclosed only to the mail-order firm tasked with the delivery of your order insofar as it is required for shipping the ordered items. For handling of payments we disclose your bank account details to the bank tasked with the payment.

4. Personal data will not be disclosed to other third parties.

§ 11 General Provisions

1. Should one or more terms of these general terms and conditions, including this provision, or the agreement with the customer, be or become wholly or partially void or invalid, or the agreement shall contain a gap, the agreement shall always remain valid. In this case any fully or partially void, invalid or missing provision shall be replaced by applicable law.