General Terms & Conditions of Service of Z-Wave Europe GmbH

This is an unofficial translation of general terms & conditions of Service of the Z-Wave Europe GmbH. Only the German version of this document is legally binding and valid. You can obtain the German version on our website or by contacting us.

§ 1 Scope of application

All offers are based on the basis of these general terms and conditions.
Contract partner is the company Z-Wave Europe GmbH, represented by the general manager, Antonstr. 3, 09337 Hohenstein-Ernstthal.

§ 2 Conclusion of the Contract

Unless otherwise agreed, our offers are non-binding and subject to change.
By executing an order transaction, you are submitting a binding offer. Upon receipt of your order, we will confirm your order with a confirmation email. A sales contract is concluded once you receive an order confirmation from us.

§ 3 Prices and Delivery

All indicated prices are final prices in EURO and include the statutory value added tax (VAT). Shipping costs are separate. They will be shown before finalizing your order.
Deliveries to other countries of the European Union are tax free with proof of a valid VAT ID without calculation of the VAT. In case of delivery to countries outside the European Union, it is the customer’s responsibility to arrange for proper customs clearance and taxation of the goods delivered, and to report the goods to his appropriate tax authorities in accordance with the legal provisions.
Delivery will take place during the delivery times stated in the offer description.

§ 4 Payment Due Date, Reservation of Ownership

Invoices are immediately payable and are due in advance. Payments are to be made to the bank account stated on the invoice. Pick-up products are to be paid in cash immediately.
We offer cash-on-delivery service (cash payment to the deliverer) to customers within the Federal Republic of Germany only. In individual cases we offer our regular customers the option of paying on account.
We supply public authorities, schools, universities and hospitals on account having received an official order letter or fax.

§ 5 Reservation of Ownership

The delivered goods remain our property until we have received full payment.

§ 6 Warranty

The warranty against defects is based on statutory provisions. The warranty period for the sale of new goods is limited to one year.
Defects of quality can be remedied either by removal of the defects or by replacement. In case of replacement, the consumer has to return the first sent goods to us without undue delay. If supplementary performance fails, the customer hast the right of cancellation of the contract or reduction of the purchase price.
A defect is not present when the product is free from defects upon delivery to the customer and no deviations from the contractually agreed quality or assured characteristics are shown. Defects and damages resulting from the fact that the customer or an assigned third party did not adhere to the prescribed installation guide and operating conditions and operating environment, are excluded from the warranty.
In case of unjustified claims for defects which were obvious to the customer, we reserve the right to charge a reasonable administration fee of up to 50,00 €. The customer is entitled to prove that lower processing costs were incurred.

§ 7 Obvious Defects, Transport Damage

In case of obvious defects of quality the buyer has to give notice of the defects immediately. In case of obvious damages caused during transportation, the carrier has to be informed immediately.
If the customer is a consumer, his/her warranty rights and statutory rights of return remain unaffected in case of failure to report the above mentioned complaint.

§ 8 Drop-Shipping Deliveries

For distributors and resellers of our products we are offering to deliver the order directly to the end customer via drop shipping. If a customer in this case makes use of his revocation and return rights, such as under distance selling regulations, the end customer has the option to return the goods directly to us. The cost for the return has to be covered or reimbursed by the contractual partner of the end customer, that is the distributor or reseller, plus a processing fee as stated on the current price list.
The distributor and reseller is also obligated to pay a reasonable compensation for the returned goods, which we estimate at a flat rate of 20% of the product price.
The distributor and reseller is entitled to prove lower depreciation. We reserve the right to claim higher depreciation, if it is appropriate given the condition of the returned merchandise.

§ 9 Liability

We are only liable for the following damages regardless of their legal basis: we are liable in the full amount in cases of willful misconduct or gross negligence. In case of light and moderate negligence we are liable only for any violation of obligations essential to the contract in the attainment of the contractual goal or violations which would put the attainment of the contractual goal at risk (cardinal duty). In this case, the liability is limited to typical contractual and foreseeable damages.
The statutory liability for personal and bodily injury, with a warranty (such as warranty of quality) or a procurement risk and in accordance with the Product Liability Act is not affected by the above provisions. Here we adhere to the statutory provisions.

§ 10 Use of the Trademark Z-Wave

The trademark Z-Wave is a registered trademark and protected internationally by the trademark law.
The trademark Z-Wave stands for strict quality criteria and compatibility requirements.
Commercial customers who are registered with us receive with the purchase of our products a simple, non-transferable, non-exclusive right to use the trademark "Z-Wave" for the marketing and the sale and distribution of products purchased or obtained from us. The sale and advertising with the trademark name "Z-Wave" is exclusively and only permitted for  products manufactured by us or made commercially available; the advertising with the trademark name "Z-Wave" for products not obtained from us is not allowed.

§ 11 Privacy Terms

As part of the contract, your personal data will be stored electronically. They are not used for purposes other than to fulfill the contractual relationship. Your personal data will not be transferred to third parties will not occur, unless it is required by legal or regulatory provisions.
We reserve the right to use the data as part of the German Federal Data Protection Act for advertising and newsletters. You can decline this usage.
Your contractual personal data is stored and can be requested at any time at the company Z-Wave Europe GmbH at the above address.

§ 12 Miscellaneous

The contract language is German.
The applicable law for the entire business relationship is exclusively the law of the Federal Republic of Germany, including the CISG (United Nations Convention on Contracts for the International Sale of Goods).
If the contractual partner is a merchant in terms of the German Commercial Code, legal entities under public law or separate funds under public law, exclusive jurisdiction over all disputes arising out or from the contracts concluded under these terms shall lay with the court at the seat of Z-Wave Europe GmbH. .

These terms can be requested at any time at the address and email address from Z-Wave Europe in paper or digital format.