Terms and Conditions

Terms and Conditions

    § 1 Scope of Application
    § 2 Conclusion of Contract
    § 3 Prices
    § 4 Shipping
    § 5 Delivery
    § 6 Payment
    § 7 Retention of Title
    § 8 Right to Cancel
    § 9 Transportation Damages
    § 10 Warranty
    § 11 Storage of Contract
    § 12 Contractual Language
    § 13 Liability
    § 14 Final Provisions

Frequently Asked Questions

    How does the Shopping Cart System work?
    Do I need to register?

Terms and Conditions
§ 1 Scope

These terms and conditions apply to all orders made through the Prolana online shop.

§ 2 Conclusion of Contract

The contract is concluded with

Prolana GmbH,
Am Langholz 3,
DE-88289 Waldburg, Germany
Managing Director: Adrian Hellenthal,
Registered at Amtsgericht Ulm HRB 551929,
Phone: (+49) (0)7529 9721-0,
E-mail: info@prolana.com,
Service Hotline: Mon-Thu 9 - 18, Fri 9 - 16,

(hereinafter referred to as  'Prolana shop').

The presentation of products in our online shop is not a legally binding offer, but a non-binding catalogue of goods. By clicking the "Buy" button, you place a binding order for the goods in your cart. The confirmation of the receipt of your order follows immediately after sending the order but still does not contract acceptance thereof. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within two days.

A binding contract can be established earlier by the following means:

    If your payment is made by credit card, the contract becomes binding at the time when your payment is debited to your card.
    If you selected the payment method PayPal, the contract becomes binding when you confirm your payment to PayPal.
§ 3 Prices

All prices include the value added tax applicable by law.
§ 4 Costs of Shipment, Island Surcharge, Payment on Delivery,  Additional Costs for Exports

In addition to the product prices we charge Shipping-Costs for orders below a total order volume of 250€.

§ 4.1 For the costs of delivery to your delivery address, please refer to the current list of Shipping-Costs.

$ 4.2 For additional costs for exporting to Switzerland or Liechtenstein please refer to Customs Information.

§ 5 Delivery

§ 5.1 Delivery of packages is undertaken by parcel service GLS. Bulky goods are delivered by freight forwarding company Gebrüder Weiss or their subcontractors. If you like, you can pick up your goods at our company's business address. A delivery to a socalled Paketstation is not possible.

§ 5.2 The delivery time and the mode of delivery for a given item you will find at the product related information.

§ 5.3 If not all the products ordered are in stock, we are entitled to make partial deliveries at our expense, in so far as is reasonable for you.

§ 5.4 If the delivery of the goods can not be made after three delivery attempts due to your negligence, we can withdraw from the contract. Already made payments will be refunded immediately.

§ 5.5 If the product ordered is not available, because through no fault of our own, our supplier is unable to provide the product, we may withdraw from the contract. In this case, we will inform you immediately and suggest the supply of a comparable product. If no comparable product is available or you do not wish us to supply a comparable product, we will refund you any money you may have already paid without delay.

§ 5.6 Through our Prolana online shop we deliver to all countries of the European Union. no delivery to Switzerland and to Liechtenstein.
§ 6 Payment Methods and Cost

§ 6.1 You can either pay in advance (by standard transfer), by immediate transfer using PayPal or by credit card. For deliveries within Germany there is also the option of cash on delivery. Should there be additional surcharges, this will be explicitly stated at the respective payment method in § 6.2 - 6.7.

§ 6.2 If you selected the payment method advance payment by bank transfer, we will provide our bank details in the order confirmation. The invoice amount is to be paid within 10 days to our account.

§ 6.3 If you selected the payment method credit card your account will be debited upon you concluding the order online.

§ 6.4 If you selected the payment method Paypal you have to be registered with the online payment provider PayPal or first go though PayPal's registration process, authenticate yourself and confirm your payment instruction. There is further information within the order process.

The goods remain our property until full payment.
§ 8 Rigth to Cancel, Consequences, Exceptions

§ 8.1 Right to Cancel

You have the right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery ship-ments, the 14 day cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you.

To exercise your right to cancel, you must inform us of your decision to cancel by phone, mail, fax or e-mail using the contact details set out above. You may wish to use the model cancellation form to cancel your order, but you are not obliged to. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation. As a registered customer you can cancel your order using the online cancellation in the customer account area of our website and you will be notified about the the receipt of your cancellation without undue delay.

Cancellation consequences

You must send the goods back to us to our contact address (Prolana GmbH, Am Langholz 3, DE-88289 Waldburg, Germany) without undue delay and in any event within 14 days after the day of the cancellation.

For shipments by parcel, we will reimburse you the cost for a standard shipment to return the goods.

For shipments of bulky goods, we will organize and directly pay for transport and the goods to be collected at the initial delivery location. Our transportation partner (Spedition Gebrüder Weiss) will therefore contact you directly to arrange for pickup.

Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled). We will also refund any standard delivery and return charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day:

- You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or,

- We receive the goods you returned to us, where you are in receipt of the goods; or
- You provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.

We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the
goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the na-
ture, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we
have received the goods or you have supplied proof of return for the goods.


§ 8.2 The right of cancellation does not apply to distance selling contracts to the delivery of goods

          a. which are not prefabricated and where the production is determined by an individual selection or instruction by the consumer or which are clearly tailored to the personal needs of the consumer,

          b. which are for the reasons of health protection or hygiene not suitable to be returned, if their seal has been removed after delivery,

          c. which have been mixed after the delivery with other goods and are non separable due to their properties.

§ 8.3 Please avoid damage and contamination. If possible send the goods in their original packaging with all accessories and with all packaging components to us. Use a protective outer packaging. If you do not have the original packaging material, please provide a suitable package for adequate protection against damage during transport, in order to avoid claims for damages incurred due to faulty packaging.

§ 8.4 Please return the goods to us as a prepaid package and keep the receipt. Upon request, we will refund the postage costs in advance, if they are not to be borne by you.

§ 8.5 Please note that the conditions referred to in paragraphs 8.3 to 8.4 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 9 Transportation Damages

§ 9.1 If goods are delivered with obvious shipping damage, please file a complaint immediately with the carrier, and please do not hesitate to contact us as soon as possible.

§ 9.2 The failure of a complaint or formal claim does not affect your statutory warranty rights. But they help us to make our own claims against the carrier or our transport insurance.
§ 10 Warranty

The warranty is subject to the statutory provisions.
§ 11 Storage of Contract

The details of your order, the instructions concerning the right of withdrawal, the withdrawal form will be sent to you by e-mail and we store a copy thereof.
§ 12 Contractual Language

The available languages for the conclusion of the contract are German and English.

§ 13 Liability

We exclude our liability for slightly negligent breaches of obligation, provided these are not contractual obligations, damages resulting from injury to life, body or health or guarantees, or claims under the Product Liability Act. The same applies to violations by our agents.
§ 14 Final Provisions

§ 12.1 If any provision of these Terms is invalid, then the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall prevail.

§ 12.2 German law applies to this contract with the exception of the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Frequenty Asked Questions
How does the Shopping Cart System work ?

You can reserve products without obligation by clicking the button [Add to Cart]. Your can view your shopping cart any time by clicking the button [Cart] and if necessary you can remove all products from the cart by clicking the [Clear Shopping Cart] button. If you want to remove a single item from the Shopping Cart enter a quantity of zero and click [Update Shopping Cart]. If you want to buy the products in your cart, click the [Proceed to Checkout] button. Should your order contain an error (i.e. erroneously ordered items or wrong quantities), pls. inform us immediately, so we can correct your order as early as possible.
Do I have to register ?

No. After selecting the items you will be asked to enter your data. The mandatory fields are marked with *. You can optionally create an account (= register) and make future orders by entering your user name and password, without the need to enter your address again.