Terms of service

General Terms and Conditions

General Terms and Conditions (GTC) and consumer information


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You will find the legally required information on the right of withdrawal in distance selling for consumers in section 6 of the GTC.
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Please refer to section 2 of the GTC for information on the storage of these documents and the possibility of viewing the contract text (offer text).
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Your supplier and contractual partner

Prolana GmbH
Am Langholz 10
88289 Waldburg

Ust-IdNr.DE181443688
Register court: Amtsgericht Ulm, HRB 551929
Managing director: Adrian Hellenthal

You can reach our customer service for questions, complaints and objections on working days at the telephone number:+49 (0)75 29 / 97210
and by e-mail at: info@prolana.com

www.prolana.com

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Information on dispute resolution for consumers:
We endeavor to reach an agreement with the customer at all times. Please use our service contact at info@origohome.com or our other specified contact options. The European Commission provides a platform for online dispute resolution (OS) with further information, which is available on the Internet at https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

We also seek customer-oriented solutions in legal matters. You can simply give us a call. Of course, your rights remain unrestricted even without calling us. Legislation obliges online providers in particular to provide numerous notes on the contract and the applicable terms and conditions. We have compiled this information and our other shipping conditions for you below.



1 Validity

1.1 We deliver in accordance with the following General Terms and Conditions, which form the basis of the contracts concluded with us on the basis of the offers on our Internet store page.

1.2 Insofar as these terms and conditions refer to consumers, these are natural persons in accordance with the statutory regulation (§ 13 BGB), for whom the purpose of the order cannot be predominantly attributed to a commercial or independent professional activity. In Austria, legal entities can also be consumers. According to the statutory regulation (§ 14 BGB), entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

1.3 If working days are specified as deadlines, this means all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office.



2 Storage option and access to contract text

2.1 We keep these GTC and the other contractual provisions with the data of your order ready for retrieval in the order process. You can simply archive this information there by either downloading the GTC and saving the data summarized in the order process in the Internet store using the functions of your browser or by waiting for the automatic order confirmation, which we will also send you by e-mail to the address you have provided after completing your order. This order confirmation e-mail contains the contractual provisions with the data of your order and these GTC and can be easily printed out or saved with your e-mail program.

2.2. The text of the contract is stored by us, but for security reasons cannot be accessed directly by you. We offer every customer a password-protected direct access ("My Account"). Here you can manage your data and view order data after registering accordingly. The customer undertakes to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. The current version of the GTC can be found on our website.



3 Contractual partner, language and conclusion of contract

3.1 Your contractual partner is Prolana GmbH. Our advertising offers are non-binding as long as they do not become the content of a contractual agreement. Before sending your order, you have the option of checking and correcting the data you have entered.

3.2 In our German Internet store, the contract is concluded in accordance with these General Terms and Conditions and conditions in German only.

3.3 By submitting your order, you are making a binding contractual declaration. The contract is concluded when we accept your order declaration. Immediately after receipt of your order, you will receive an automatically sent order confirmation. This confirmation of receipt does not constitute acceptance of your order.

The contract is concluded when we accept your order declaration. The acceptance of your order takes place

- in the case of payment in advance, when you receive our separate request for payment;

- in the case of payment by credit card or PayPal, when you complete your order with the payment confirmation via the online payment service offered;

3.4 An order by telephone is bindingly accepted by us during the telephone call. You will then receive the information on the conclusion of the contract and these GTC once again at an e-mail address provided by you or together with the goods.




4 Prices, shipping costs, minimum quantity surcharge

4.1 For orders in our Internet store, the prices listed in the offer at the time of the order shall apply. The prices quoted are final prices, i.e. they include the applicable statutory VAT and other price components.

    • Domestic shipping costs:

Your postage and packaging costs within Germany per order are only EUR 7.95 standard shipping per order (standard delivery with GLS regardless of the number of parcels, forwarding delivery of carpets from size 200x200 cm).

We currently only deliver to other countries after prior request and if the customer pays the entire shipping and forwarding costs. Please contact us if you have any questions.


5 Payment, delivery

5.1 We offer the following payment options:

  • Prepayment bank transfer
    You will receive the bank transfer details in the order confirmation after placing your order.
  • PayPal
    You pay the invoice amount via the online provider PayPal. You must always be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions on how to access the payment provider's website during the ordering process.
  • Credit card (MasterCard and Visa)
    You will be debited immediately after completing the order process.

5.2 We use GLS for postal items and long items and the forwarding company Gebrüder Weiss for forwarding shipments. We generally deliver parcels up to 30 kg with GLS to your home address or to an address of your choice. Goods over 30 kg are delivered by a forwarding agent. Shipments to P.O. Boxes or post office storage shipments are not possible. Unless otherwise agreed, delivery will be made by a forwarding agent to the first lockable door at the delivery address specified by the customer. We cannot deliver to so-called packing stations. If delivery has not been possible, you will receive a message from the carrier indicating the other options.


5.3 The obligation to deliver shall not apply if we ourselves are not supplied correctly and on time and are not responsible for the lack of availability. If the goods are not available, we will inform you immediately and any advance payment will be refunded without delay.

5.4 The delivery period shall be extended appropriately in the event of strikes and lockouts affecting delivery and other circumstances for which we are not responsible, in particular in cases of delays in delivery due to force majeure. We shall inform the Buyer immediately of the beginning and end of such hindrances.

5.5. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer or a recipient designated by the consumer upon delivery of the goods. This applies regardless of whether the shipment is insured or not. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of mail order purchases upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.



6 Right of withdrawal for consumers when ordering goods

6.1 Below you will find instructions on the requirements and consequences of the statutory right of withdrawal for shipping orders. This does not imply any contractual granting of rights beyond those provided for by law. In particular, the statutory right of withdrawal does not apply to commercial resellers.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise the right to cancel, you must inform us (Prolana GmbH, Am Langholz 10, 88289 Waldburg, phone: +49 (0) 75 29 97210, e-mail: info@prolana.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment.

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

1. for goods that can normally be returned by post, the following applies:
We may refuse to refund you 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 within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We shall bear the costs of returning the goods.

2. for goods that cannot be returned normally by post, the following applies:
We will collect the goods. We shall bear the costs of returning the goods.


6.2 Exceptions to the right of withdrawal
There are legal exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to invoke the following provisions against you: There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It may expire prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery and in the case of contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, as well as in the case of contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

6.3 Please note vouchers and discounts:
If you have received a discount for your order in the form of our order discounts for the next purchase due to the order value reached and if the order value required for the discount received falls below the order value again due to a (partial) revocation, you will be charged the difference resulting from the discount received compared to the original order value without this discount.

6a. Right of withdrawal for services
6a.1 Below you will find instructions on the requirements and consequences of the statutory right of withdrawal for orders of services (e.g. vouchers). This does not imply any contractual granting of rights over and above those provided for by law. In particular, the statutory right of withdrawal does not apply to commercial customers.

Cancellation policy

Right of withdrawal

To exercise the right of withdrawal, you must inform us (Prolana GmbH, Am Langholz 10, 88289 Waldburg, phone: +49 (0) 75 29 97210, e-mail: info@prolana.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

6a.2 Exceptions to the right of withdrawal for services
There are statutory exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to invoke the following provisions against you:

In the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has provided the service in full and has only started to provide the service after the consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal if the trader fulfills the contract in full.

6b. Model withdrawal form
The "model withdrawal form" mentioned in the above withdrawal instructions is reproduced below. You do not necessarily have to use it. You can also use our returns form for consignments of goods, which we enclose with every consignment, or formulate your withdrawal yourself in any case.

Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us).

- To Prolana GmbH, Am Langholz 10, 88289 Waldburg, E-Mail:info@prolana.com

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if communicated on paper)

- Date


_______________
(*) Delete as appropriate.




7 Retention of title

7.1 The goods remain our property until full payment has been made.

7.2 In commercial business transactions, the following also applies: The goods may only be sold by the Buyer in the ordinary course of business. We reserve the right to revoke the above consent to the resale of goods delivered subject to retention of title and to withdraw from the contract in the event of your default in payment and to demand the return of the goods. Claims arising from the resale of goods subject to retention of title are assigned to us as security for our claims. You must inform us immediately in the event of a seizure of goods subject to retention of title. We undertake to release the securities to which we are entitled at your request to the extent that the value of our securities exceeds the claim to be secured by more than 10%.



8. data protection

Our data protection practice is based on the statutory provisions. Details on the collection and use of your personal data can be found in our privacy policy.



9 Applicable law, place of jurisdiction

9.1 The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9.2 In business transactions with merchants and legal entities under public law, the place of jurisdiction for all legal disputes concerning these Terms and Conditions and individual contracts concluded under these Terms and Conditions, including actions on bills of exchange and checks, shall be our registered office. In this case, we are also entitled to take legal action at any other legal place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision.



10. severability clause

Should individual provisions of these General Terms and Conditions of Business be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remaining General Terms and Conditions of Business. The invalid provisions shall be replaced by the statutory provisions. The same applies if there is an unforeseen loophole in the General Terms and Conditions.

Note on battery disposal
The chemical substances contained in batteries can damage the environment and health if not stored and disposed of properly. Harmful effects on health and the environment can only be avoided if batteries are collected and recycled separately from other household waste. As the end user, you are legally obliged to return used batteries (rechargeable and non-rechargeable) or dispose of them properly. You can hand in your used batteries free of charge at public collection points in your municipality or at points of sale. Disposal at sales outlets is limited to quantities that are customary for end users for disposal and to used batteries that the distributor carries or has carried as new batteries in his range.

This symbol means that you must not dispose of batteries in household waste due to their harmful substance content.




Under this symbol you will also find the following symbols with the following meanings:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury



As at September 2021
Your Prolana GmbH

These General Terms and Conditions also constitute intellectual property protected by copyright. Use by third parties - even in part - for commercial purposes of offering goods and/or services is not permitted. Infringements will be prosecuted.