General Terms and Conditions

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Lawful Use and International Use
Grant of Usage Rights for Digital Content
Contract Term and Termination for Subscription Contracts
Retention of Title
Liability for Defects (Statutory 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 “T&Cs”) of PAJ UG (haftungsbeschränkt) (hereinafter “Seller”) apply to all contracts for the delivery of goods which a consumer or a business (hereinafter “Customer”) concludes with the Seller in respect of 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 These T&Cs shall apply mutatis mutandis to contracts for the provision of digital content unless otherwise stipulated. Digital content within the meaning of these T&Cs means data created and provided in digital form.

1.3 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.4 A business within the meaning of these T&Cs 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 self-employed professional activity.

1.5 Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of continuous delivery (hereinafter “subscription contract”). Under a subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer for the agreed contractual term, at the intervals owed under the contract.

1.6 Depending on the Seller’s content description, the subject matter of the contract may be either the one-time provision of digital content or the regular provision of digital content (hereinafter “subscription contract”). Under a subscription contract, the Seller undertakes to provide the digital content owed under the contract to the Customer for the agreed contractual term, at the intervals agreed under the contract.

1.7 Depending on the Seller’s product description, elements of the Seller’s presented range may be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter “telecommunications contract”) with a third-party provider (hereinafter “service provider”). In this case, the continued existence of the contract with the Seller depends on the conclusion of a telecommunications contract with the service provider and on the Customer not withdrawing from the telecommunications contract. The telecommunications contract is governed by the relevant statutory provisions and, where applicable, by the respective service provider’s contractual terms deviating therefrom. The Seller acts only as an intermediary for such contracts.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process. 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 is decisive, or

by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance begins on the day after the Customer sends the offer and ends at the end 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 consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed 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 User Agreement available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment is processed 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 available at https://payments.amazon.de/help/201751590
. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer sends the order. No further access to the contract text will be provided by the Seller. If the Customer has set up a user account in the Seller’s online shop before sending the order, the order data is archived on the Seller’s website and can be retrieved by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.7 Before submitting the order in a binding manner via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes 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 via automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process orders can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases which are not the Seller’s responsibility and which must be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even if the delivery is not to a country outside the European Union, if the Customer makes payment from a country outside the European Union.

4.3 The available payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after 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 is processed 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 will be communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use other payment services, for which special payment terms may apply; the Customer may be notified of these separately where applicable. Further information about Stripe is available at https://stripe.com.

4.6 If the payment method “purchase on invoice” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on invoice” only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive. Notwithstanding the above, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods to the Customer if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provisions in the Seller’s withdrawal policy apply.

5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or any 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 generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods also passes to the consumer already when the Seller delivers the goods to the forwarding agent, carrier, or any 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 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 applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Digital content is provided to the Customer as follows:

– via direct access through the business’s website

6) Lawful Use and International Use

Our GPS tracking solutions are designed to meet high quality and safety standards. Please note the following information regarding lawful use as well as travel and transport:

6.1 Conformity 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 in those markets (e.g., EU: Radio Equipment Directive, UK: UKCA requirements).

Important: Whether a product is “approved” for use in a particular country depends on the specific device model (e.g., markings/certifications and documentation). In addition, lawful use always depends on the specific manner of use (e.g., consents, information obligations, purpose).

6.2 International Use

Our devices may, from a technical perspective, 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/sold target markets:

You are responsible for ensuring compliance with local laws and regulations (in particular data protection and telecommunications laws).

Laws and regulatory requirements may change. Please verify the applicable rules with the competent authorities (e.g., data protection authority, telecommunications/regulatory authority) of your destination before travelling.

6.3 Air Travel and Air Freight Shipping

If you plan to carry the device on an aircraft or ship it via air freight:

Observe airline rules: Airlines may have different requirements for portable electronic devices and battery types (in particular lithium-ion).

Battery safety: Always follow the instructions of the flight crew. Strict rules apply to lithium-powered devices and spare batteries; as a general rule, such devices/batteries should be carried in hand luggage.

Air freight shipping: Commercial shipments may be subject to dangerous goods regulations (declaration/packaging). Please clarify this in advance with your shipping provider.

6.4 Disclaimer

Technical signal/network availability in a country does not constitute legal authorisation to use the device. Please inform yourself about the applicable regulations before using the device and before travelling.

(Note: This information is provided for general guidance only and does not constitute legal advice.)

7) Grant of Usage Rights for Digital Content

7.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive, unrestricted right (in terms of territory and time) to use the provided content for private and commercial purposes.

7.2 Passing the content on to third parties or creating copies for third parties outside the scope of these T&Cs is not permitted unless the Seller has agreed to a transfer of the contractual licence to the third party.

7.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the remuneration owed in full. The Seller may provisionally permit use of the contractual content even before this time. No transfer of rights takes place through such provisional permission.

8) Contract Term and Termination for Subscription Contracts

8.1 FINDER Portal licences are concluded for the term selected by you.

8.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected of the terminating party.

8.3 Terminations may be made in writing, in text form (e.g., by email) or in electronic form via the cancellation facility (cancellation button) provided by the Seller on its website.

9) Retention of Title

If the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

10) Liability for Defects (Statutory Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

10.1 Intended Use of GPS Trackers

The GPS trackers and the associated software are primarily designed for theft protection. Customers are strongly encouraged to inform themselves about local legislation before using GPS trackers, as usage regulations may vary by region. The Seller assumes no liability for misuse of the product. In particular, it should be noted that monitoring persons without their consent, known as stalking, is a criminal offense under German law. The Customer is fully responsible for the lawful use of the devices.

10.2 Use of GPS Trackers

Our GPS trackers are intended exclusively for lawful purposes. Using 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 unauthorized surveillance or harassment. Any form of use that violates applicable data protection laws and regulations is not permitted.

10.3 User Responsibility

The user is obliged to use the GPS trackers only in accordance with statutory provisions and these T&Cs.

The user is liable for any damage caused by misuse or unlawful use of the GPS trackers.

10.4 Consequences of Misuse

In the event of a breach of these T&Cs, we reserve the right to take legal action, including immediate deactivation of the GPS tracker and providing information to the competent authorities.

Furthermore, we reserve the right to terminate the user agreement without notice and to assert claims for damages.

10.5 If the Customer acts as a business,

the Seller may choose the type of subsequent performance;

in the case of new goods, the limitation period for defects is one year from delivery of the goods;

in the case of used goods, rights and claims for defects are excluded;

the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

10.6 If the Customer acts as a consumer, for contracts for the delivery of used goods, subject to the limitation of the following clause: the limitation period for claims for defects is one year from delivery of the goods, provided that this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

10.7 The liability limitations and shortened limitation periods set out above do not apply

to claims for damages and reimbursement of expenses by the Customer,

if the Seller has fraudulently concealed the defect,

to goods which, in accordance with their usual use, have been used for a building 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.

10.8 In addition, for businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.

10.9 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.

10.10 If the Customer is a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

10.11 The Seller is not liable for defects in the performance of the telecommunications contract, for which only the respective service provider is responsible. In this respect, the relevant statutory provisions and, where applicable, the contractual terms of the respective service provider that deviate therefrom shall apply.

11) Redemption of Promotional Vouchers

11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

11.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

11.4 Only one promotional voucher may be redeemed per order.

11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

11.6 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.

11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

11.8 The promotional voucher will 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.

11.9 The promotional voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.

12) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in 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 has its registered office 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. However, in the aforementioned cases, the Seller shall in any case be entitled to bring proceedings before the court at the Customer’s registered office.

14) Code of Conduct

The Seller has submitted to the conditions of participation in the eCommerce initiative “Fairness im Handel”, which are available at https://www.fairness-im-handel.de/teilnahmebedingungen/.

The Seller has submitted to the Trusted Shops quality criteria, which are available at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

15) Alternative Dispute Resolution

15.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

15.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.