General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Lawful Use and International Use
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of PAJ UG (haftungsbeschränkt) (hereinafter “Seller”) shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which predominantly cannot be attributed either to their commercial or their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 The subject matter of the contract is exclusively the sale of goods (in particular GPS trackers).
1.5 Components of the product range may require technical prerequisites (e.g. SIM cards or network connections) which are based on separate contractual relationships with the Seller.
1.6 The purchase of the hardware (GPS tracker) and the conclusion of a subscription for the use of the associated location services via the FINDER Portal constitute two independent contractual relationships. The purchase of the hardware alone does not result in a subscription contract.
1.7 The conclusion of a subscription takes place exclusively through separate registration and contractual acceptance by the Customer via the portal at start.finder-portal.com. A subscription contract is only established upon the successful conclusion of this separate contract.
1.8 The purchase of the hardware does not create any obligation to conclude a subscription. However, the Customer is expressly informed that the intended use of the GPS tracker – in particular location and tracking functions – requires the conclusion of a paid subscription. Without an active subscription, the full range of the device’s functions is not available.
1.9 The FINDER Portal constitutes a digital service within the meaning of Sections 327 et seq. of the German Civil Code (BGB). The subscription shall be governed exclusively by the terms provided at the time of conclusion of the contract on start.finder-portal.com.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods in the virtual shopping cart and completed the electronic ordering process, by clicking the button concluding the ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart. Furthermore, the Customer may also submit the offer to the Seller by email, by post or by telephone.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive in this respect, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract shall come into existence at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, viewable at https://www.paypal.com
2.5 If the payment method “Amazon Payments” is selected, payment processing shall be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de
2.6 When an offer is submitted via the Seller’s online order form, the text of the contract shall be stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has created a user account in the Seller’s online shop before sending their order, the order data shall be archived on the Seller’s website and may be accessed free of charge by the Customer via their password-protected user account by entering the relevant login data.
2.7 Before submitting a binding order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, if spam filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy at https://www.paj-gps.com/refund-returns/.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to the transfer of money if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) shall be communicated to the Customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service “Stripe” is selected, payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe shall be communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be separately informed where applicable. Further information on Stripe is available on the internet at https://stripe.com
4.6 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller shall inform the Customer of a corresponding payment restriction in its payment information in the online shop.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. By way of derogation, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of outward delivery if the Customer effectively exercises their right of withdrawal. With regard to the return costs, the provision made in the Seller’s cancellation policy shall apply if the Customer effectively exercises the right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass until the goods are handed over to the Customer or a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has handed over the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment with the execution and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be reimbursed immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Lawful Use and International Use
Our GPS tracking solutions are designed to meet high standards of quality and safety. Please note the following information regarding lawful use as well as travel and transport:
6.1 Compliance and approved markets
Our devices are designed for sale and operation in the respective target markets in accordance with the applicable requirements for radio/telecommunications equipment there (e.g. EU: Radio Equipment Directive, UK: UKCA regulations)
Important: Whether a product is “approved” in a particular country depends on the specific device model (e.g. markings/tests and documentation) – and lawful use always also depends on the specific use case (e.g. consents, information obligations, purpose).
6.2 International use
Our devices may technically provide reception/network coverage in many countries (see country coverage). However, technical availability does not automatically mean that use is legally permitted in the respective country.
If you use the device outside your certified/distributed target markets:
You are solely responsible for complying with local laws and regulations (in particular data protection and telecommunications law).
The legal situation and requirements imposed by authorities may change. Please check this before travelling with the relevant authorities (e.g. data protection authority, telecommunications/regulatory authority) at your destination.
6.3 Air travel and air freight shipping
If you wish to carry the device on an aircraft or ship it by air freight:
Observe airline rules: Airlines may have different requirements for portable electronic devices and battery types (especially lithium-ion).
Battery safety: Observe the airline’s requirements and the applicable dangerous goods/battery regulations. Spare batteries and power banks (as “spare batteries”) generally belong exclusively in carry-on baggage and must be protected against short circuits.
Devices with built-in battery: Devices must be transported in accordance with airline requirements; always follow the instructions of the crew.
Shipping by air freight: Dangerous goods regulations (declaration/packaging) may apply to commercial shipping. Clarify this in advance with the shipping service provider.
6.4 Disclaimer
The technical availability of signal/network coverage in a country does not constitute legal authorisation for use. Please inform yourself about the applicable regulations before use and before travelling.
(Note: This information is provided for general guidance only and does not constitute legal advice.)
7) Retention of Title
If the Seller performs in advance, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise provided by the following provisions, the rules of statutory liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:
8.1 Intended purposes of GPS trackers
The GPS trackers and the associated software are primarily designed for theft protection. Customers are strongly advised to inform themselves about local legislation before using the GPS trackers, as the usage regulations may vary depending on the region. The Seller accepts no liability for misuse of the product. In particular, it should be noted that stalking may be punishable under Section 238 of the German Criminal Code (StGB), e.g. in cases of unauthorised, persistent stalking/following. The Customer is fully responsible for the lawful use of the devices.
8.2 Use of GPS trackers
Our GPS trackers are intended exclusively for lawful purposes. The use of our devices to track persons without their express consent is strictly prohibited.
In particular, it is prohibited to use our GPS trackers for stalking or other forms of unauthorised surveillance or harassment. Any form of use that violates applicable data protection laws and regulations is not permitted.
8.3 User responsibility
The user is obliged to use the GPS trackers only in accordance with the legal provisions and these GTC.
The user shall be liable for any damages arising from improper or unlawful use of the GPS trackers.
8.4 Consequences in case of misuse
In the event of a breach of these GTC, we reserve the right to take legal action, including the immediate deactivation of the GPS tracker. Data/information shall only be disclosed to authorities if and insofar as there is a legal obligation to do so or if this is necessary and permissible in the individual case for legal enforcement.
Furthermore, we reserve the right to terminate the usage contract without notice and to assert claims for damages.
8.5 If the Customer acts as an entrepreneur,
- the Seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for defects shall be one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.
8.6 If the Customer acts as a consumer, the following shall apply to contracts for the delivery of used goods subject to the limitation of the following clause: The limitation period for defect claims shall be one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.
8.7 The limitations of liability and reductions of time limits regulated above shall not apply
- to claims of the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods which have been used for a building in accordance with their usual use and have caused its defectiveness,
- to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.8 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim shall remain unaffected.
8.9 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.10 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to notify the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.
8.11 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the corresponding statutory provisions as well as, where applicable, deviating contractual conditions of the respective service provider shall apply.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only during the specified period.
9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the Promotional Voucher.
9.3 Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
9.4 Only one Promotional Voucher may be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit shall not be refunded by the Seller.
9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
9.7 The credit balance of a Promotional Voucher shall neither be paid out in cash nor bear interest.
9.8 The Promotional Voucher shall not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, incapacity, or lack of power of representation of the respective holder.
10) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11) Place of Jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s registered office.
12) Code of Conduct
- The Seller has submitted to the participation conditions for the eCommerce initiative “Fairness im Handel”, which can be viewed on the internet at https://www.fairness-im-handel.de
/teilnahmebedingungen /. - The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the internet at https://www.trustedshops.com
/tsdocument /TS_QUALITY_CRITERIA_de.pdf.
13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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