General Terms and Conditions

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Provision of the FINDER Portal
Legally Compliant Use and International Use
Availability and Limitation of Liability for the FINDER Portal
Granting of Rights of Use
Contract Term, Renewal and Termination for Subscription Contracts
Liability for Defects (Warranty)
Redeeming 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 (limited liability) (hereinafter “Seller”) shall apply to all contracts for the delivery of goods that 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 The subject matter of the contract is the provision of a digital service within the meaning of the statutory provisions on digital products. Depending on the product description, the provision may be one-time or continuous within the framework of a subscription contract. The provisions on consumer contracts for digital products in Sections 327 et seq. BGB shall apply to such contracts.

1.3 A consumer within the meaning of these GTC 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 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.5 The conclusion of a subscription for the FINDER Portal is legally independent from the purchase of a GPS tracker or other hardware. The purchase of hardware does not automatically result in the conclusion of a portal subscription.

1.6 The intended use of certain GPS trackers, in particular the location and tracking functions, requires an active subscription for the FINDER Portal. Without an active subscription, the full range of functions of the respective device may not be available.

1.7 Insofar as mobile communication or telecommunications connections are required for the use of individual services, these may be wholly or partially dependent on third-party providers. Unless expressly agreed otherwise, the Seller does not owe the provision of independent telecommunications services.

2) Conclusion of Contract

2.1 The service descriptions presented on the Seller’s website 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. In 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 with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by email, post or 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 they have placed the order.

If several of the aforementioned alternatives apply, the contract shall come into being at the time when one of the aforementioned alternatives occurs first. 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 dispatch 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 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, 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected 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 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, available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that completes the ordering process. 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 an offer is submitted via the Seller’s online order form, the text of the contract is 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 set up a user account in the Seller’s online shop before submitting 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 using the corresponding login data.

2.7 Before submitting a binding order 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 identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries 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 automated order processing. The Customer must ensure that the email address they provide 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 the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy at https://www.paj-gps.com/refund-returns/.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices and include statutory value-added tax.

4.2 In the case of payments from 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 by credit institutions or exchange rate fees.

4.3 The payment methods available to the Customer are communicated on the Seller’s website.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless a later due date has been agreed.

4.5 If a payment method offered via the payment service “Stripe” is selected, payment processing shall be carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop.

4.6 If the payment method purchase on account is selected, the purchase price shall become due after conclusion of the contract and invoicing. In this case, the purchase price must be paid within 14 days of receipt of the invoice without deduction, unless otherwise agreed.

4.7 The prices stated on start.finder-portal.com at the time of conclusion of the subscription shall apply. All prices include statutory value-added tax.

4.8 Billing shall take place in advance for the respectively agreed billing period.

4.9 Price changes for ongoing subscriptions shall be communicated to the Customer in text form at least six weeks before they take effect. In this case, the Customer has the right to terminate the contract at the time the price change takes effect. If no termination is made and the Customer continues to use the FINDER Portal after the price change takes effect, this shall be deemed consent to the price change, insofar as legally permissible.

5) Provision of the FINDER Portal

5.1 The FINDER Portal is provided by activating access to the portal or to the Customer’s customer account.

5.2 Unless otherwise stated in the service description, the Customer shall receive access to the FINDER Portal after conclusion of the contract and after receipt of the agreed remuneration.

5.3 Provision is made by direct access via the Seller’s website or via associated applications.

5.4 The Customer is obliged to keep their access data secret and protect it against access by unauthorized third parties.

5.5 The Seller is entitled to temporarily restrict access insofar as this is necessary for technical reasons, for security reasons, to carry out maintenance work, or to avoid significant disruptions to the network, software, or stored data.

6) Legally Compliant Use and International Use

Our GPS tracking solutions are designed to meet high quality and safety standards. Please note the following information regarding legally compliant 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 (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. consent, information obligations, purpose).

6.2 International use

Our devices may technically offer reception/network coverage in many countries (see country coverage). However, technical availability does not automatically mean that use in the respective country is legally permitted.

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).

Legal requirements and official regulations may change. Please check with the competent authorities (e.g. data protection authority, telecommunications/regulatory authority) of your travel destination before traveling.

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 the airline’s 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 hand luggage and must be protected against short circuits.
Devices with a built-in battery: Devices must be transported in accordance with the airline’s 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 signal/network availability in a country does not constitute legal authorization for use. Please inform yourself about the applicable regulations before use and before traveling.

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

7) Availability and Limitation of Liability for the FINDER Portal

7.1 The Seller shall endeavor to ensure that the FINDER Portal is available as uninterruptedly as possible. However, the Customer acknowledges that one hundred percent availability cannot be technically guaranteed. Maintenance work, technical malfunctions, missing mobile network connections, failures of third-party infrastructures, or force majeure may lead to temporary restrictions or interruptions.

7.2 The Seller shall not be liable for damages caused by a temporary unavailability of the location services unless the Seller has caused the disruption intentionally or through gross negligence.

7.3 The GPS tracker and the FINDER Portal do not replace personal safety measures, other protective measures, or the Customer’s own control measures. The Seller shall not assume any liability for damages resulting from the Customer relying exclusively on the location function.

8) Granting of Rights of Use

8.1 Unless otherwise stated in the service description, the Seller grants the Customer, for the duration of the respective contract, a simple, non-transferable, non-exclusive right to use the FINDER Portal and the content and functions provided through it to the contractually agreed extent.

8.2 Use is permitted exclusively for the Customer’s own private purposes or – if agreed – the Customer’s own business purposes. Passing on access to third parties or making it available to third parties for payment or free of charge is not permitted unless the Seller has expressly consented to this.

8.3 The Customer is not entitled to copy, edit, decompile, distribute, or make publicly accessible software components, content, or technical structures of the FINDER Portal unless this is mandatorily permitted by law.

8.4 The right of use shall only become effective once the Customer has paid the remuneration owed, unless the Seller has already provisionally permitted use beforehand.

9) Contract Term, Renewal and Termination for Subscription Contracts

9.1 Initial term and billing interval

The subscription is concluded with an initial contract term selected by the Customer. Depending on the selected tariff, the initial term may be up to thirty-six (36) months. Billing takes place in advance for the billing interval selected by the Customer, e.g. monthly, semi-annually, annually, or multi-yearly. The applicable prices can be found in the price list on start.finder-portal.com.

9.2 Automatic renewal

If the subscription is not terminated in due time, it shall automatically renew after expiry of the initial term by the billing period selected by the Customer upon conclusion of the contract, insofar as legally permissible. Billing for the renewal period shall take place in advance in each case.

9.3 Termination

During the initial term, ordinary termination is possible at the end of the initial term. After expiry of the initial term, the subscription may be terminated at any time with one (1) month’s notice. The termination becomes effective at the end of the month in which the notice period expires.

9.4 Billing in the event of termination during a renewal period

If the Customer terminates during a renewal period that has already been paid in advance, the months used since the beginning of this renewal period shall be billed at the regular monthly price, provided that such billing is legally permissible and transparently agreed in the individual case. The regular monthly price is the price stated on start.finder-portal.com for the monthly billing interval without any term discount. The Seller shall refund to the Customer the difference between the advance payment made and the sum of the regular monthly prices for the months used.

9.5 Terminations may be made in writing, in text form, e.g. by email, or electronically via the termination function provided by the Seller on its website. For consumer contracts concluded online in electronic commerce, a termination button is required by law pursuant to Section 312k BGB.

9.6 The right to extraordinary termination for good cause remains unaffected. Good cause for the Seller exists in particular if the Customer is in default with due payments despite a reminder and a reasonable grace period having been set, or uses the FINDER Portal in an unlawful manner.

9.7 After termination of the subscription, access to the FINDER Portal shall be deactivated. The intended use of such functions of the GPS tracker that require an active portal subscription is no longer possible from that point onwards. An obligation of the Seller to retain or surrender the data stored in the portal after termination of the contract exists only within the framework of mandatory statutory provisions.

10) Liability for Defects (Warranty)

10.1 Unless otherwise stated in the following provisions, the statutory provisions shall apply to contracts concerning digital products. In particular, for consumer contracts concerning digital products, the statutory provisions on provision, conformity, update obligations, and remedies in the event of defects shall apply.

10.2 Intended use of GPS trackers and portal use

The GPS trackers and the associated software are primarily designed for theft protection and location tracking within legally permissible purposes. Customers are urgently requested to inform themselves about the local legal regulations before use. The Seller assumes no liability for misuse of the products or services.

10.3 Use of GPS trackers

Our GPS trackers and the FINDER Portal are intended exclusively for lawful purposes. Use for tracking persons without their express consent or any other legal basis is strictly prohibited.

10.4 Responsibility of the user

The user is obliged to use the products and services only in accordance with the statutory provisions and these GTC. The user shall be liable for damages resulting from abusive or unlawful use.

10.5 Consequences of misuse

In the event of a breach of these GTC, we reserve the right to temporarily block access to the FINDER Portal or to terminate the contract for good cause. Data or information will only be disclosed to authorities if there is a legal obligation to do so or if such disclosure is legally permissible and necessary in the individual case.

10.6 Entrepreneurs

If the Customer is an entrepreneur, the Seller shall initially have the right to choose the type of subsequent performance in the event of defects. Statutory limitation periods and recourse regulations remain unaffected insofar as they are mandatorily applicable.

10.7 The Customer’s statutory rights to damages, insofar as provided by law, remain unaffected by the above provisions.

11) Redeeming Promotional Vouchers

11.1 Promotional vouchers issued free of charge by the Seller as part of promotional campaigns and which cannot be purchased by the Customer may only be redeemed on start.finder-portal.com and only during the specified period.

11.2 Individual tariffs or services may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

11.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

11.4 Only one promotional voucher can be redeemed per order.

11.5 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

11.6 The promotional voucher will not be refunded if the Customer reverses the service paid for in whole or in part with the promotional voucher within the framework of a statutory right of withdrawal, insofar as legally permissible.

11.7 The promotional voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the promotional voucher, unless the Seller has knowledge or grossly negligent lack of knowledge of the holder’s lack of entitlement.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, 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 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 exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office 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 above cases, however, 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 participation conditions of the eCommerce initiative “Fairness im Handel”, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

The Seller has submitted to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

15) Alternative Dispute Resolution

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