Terms and conditions for consumers

Terms and conditions for consumers2019-04-11T15:48:31+01:00

Dear customers, below you can read our Terms and Conditions (' Terms ' Conditions ') as the basis for our contract. Our effort is to show and list your full rights as a consumer.

However, this also includes some legal requirements that you need to comply with and which are listed here in the Terms and Conditions. This starts with the proper handling of the functions of the location and backup device (' the tracker ') at the touchword data protection and usage conditions. The first step has already been taken by assuring us that you are of legal age and therefore able to properly assess the scope of your actions with this device.

Our aim is to provide you with general terms and conditions.

First, the purchase of the tracker is regulated. In order for the operation of the tracker to be applied, a paid service contract is needed that goes beyond that. This allows you to take advantage of our varied services. For a better understanding, these contract components are carried out separately and in detail.

Please note that the tracker only gets fully functional in conjunction with our paid service contract. This requires you to have technical devices that allow you to download the application/application required to use the tracker (' the app. '). The paid service contract is concluded with us by downloading the corresponding app free of charge from the App Store or Google Play and by activating the tracker in a binding manner via the app. Section 4 of these Terms and Conditions refers to the service contract, which lists the most important key points. Detailed information can be found in the terms and conditions of the free app.

Please keep carefully all documents and invoices you receive from us. If you place an order for www.prothelis.de you have the option of securing the contract data via the printing function at the end of the ordering process.

If you have any questions, criticism or suggestion, please feel free to contact us:

Prothelis AG
Ski Road 48
40549 Dusseldorf

Tel: + 49 211 936 729 0
Fax: + 49 211 936 729 50
info@prothelis.de

§ 1 Contractual Partner Association Contract Language

Its contractor is the Fa. Prothelis AG, Schiessstraße 48 in 40549 Dusseldorf (the following Prothelis). The language of the contract is German.

§ 2 scope/contract

  1. Our terms and conditions apply to the purchase and delivery of the tracker in accordance with the contract concluded between us.
  2. These terms and conditions apply only to consumers.
  3. Our terms and conditions apply exclusively. The relevant version of the Terms and Conditions is decisive for the contract. We do not accept different terms and conditions of the customer unless we have expressly agreed to their validity in writing. This also applies if we do not explicitly object to the inclusion.
  4. These Terms and Conditions also apply if we carry out the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
  5. Consumers within the meaning of these Terms and Conditions shall be any natural person who makes the order for purposes which, for the most part, cannot be attributed to either their commercial or independent professional activity (cf. § 13 BGB).

On the other hand, Entrepreneur is any natural or legal person or legal partnership acting in the exercise of his or her commercial or self-employed professional activity at the conclusion of the contract (cf. § 14 of the Civil Code).

§ 3 Offer/Contract/Contract/Offer Documents

  1. The presentation and promotion of articles in our online shop or in one of our (online) catalogues is not a binding offer, but an invitation to you to order the products described.
  2. Only your binding order represents a binding offer, which we can accept within one week at the latest by sending an order confirmation. Pre-made offers by us are subject to change.
  3. By clicking on the button "In the shopping cart," you can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contract offer. Before placing a binding order, the contents of the order, including customer data, are summarized on a summary page. You can correct all order data about the planned change fields there.
  4. By clicking on the "Order binding" button, you make a binding offer to buy the goods in the shopping cart.
  5. You will then receive an automatic confirmation of receipt by e-mail from us, which only informs the receipt and processing of the order. The automatic confirmation of receipt only documents that your order has been received by us and does not constitute acceptance of the offer. The contract comes about only by making our acceptance declaration, which is sent to you with a separate e-mail (order confirmation) or by delivering the goods.
  6. You can save or print these terms and conditions at any time. You can also save or print the contents of your order immediately after delivery and also check the "My Account" function later on at any time. We will also provide you with the terms of the contract, including these terms and conditions, at the latest with the delivery of the goods in text form.
  7. You assure us that all of you are ordering or ordering. Registration provided information is truthful. Changes must be communicated to us immediately. In addition, please note our terms of use.

§ 4 Service contract

  1. The purchase of the tracker is necessarily linked to the associated use of our additional paid service. Using the tracker without paying our additional service is technically and actually impossible.
  2. Our paid service is used by activating the free app. You can download them for free from the App Store or Google Play. You can also use a web app (e.g. Start activation via your laptop) by registering. This requires you to have technical devices that allow you to use the app you need. Download.
  3. The paid, binding service contract with us comes about by activating the app. Our service includes the constant possibility of GPS, Glonass, GSM and intertial tracking of the tracker, the different types of notification (push messages and in particular the telephone notification, notification by SMS or by e-mail), Our 24/7 furnished call centre, the permanent retrieval of routes, the establishment of the Geofence and the speed measurement. In addition, the exact scope of services can be found in the corresponding terms and conditions.
  4. The service contract will be concluded for a term of 12 months. As a final consumer, the service costs you €4.99l. Vat. In the month.
  5. For more information, please refer to the app's terms and conditions.

§ 5 Preise/Payment Conditions/Delivery Terms

  1. The offered purchase price is binding. All price information in our online shop is gross prices including the statutory sales tax.
  2. The purchase price is due without any deduction within 7 business days of receiving the invoice. The legal rules regarding the consequences of late payment apply.
  3. You are only entitled to offset our claims if your claims have been legally established, we have recognised them or if your claims are undisputed. You are also entitled to offset our claims if you make complaints of defects or counter-claims from the same purchase agreement. As a buyer, you may exercise a right of retention only if your counterclaim is based on the same purchase agreement.
  4. You cover the shipping costs for individual orders, regardless of the order value. We charge real shipping costs for shipping to other EU and European economies. Likewise, for shipping to countries outside the EU; The customer has to bear duties incurred and the like. An overview of the shipping options and the resulting shipping costs can be found under the link "Shipping costs." Shipping costs are also shown to the customer on the overview page before placing the order and must be confirmed.
  5. You can transfer the purchase price and shipping costs to our account listed on the invoice at your choice, issue us with a direct debit authorization, or pay by EC-/Maestro or credit card or via Paypal. In the case of a granted direct debit authorization or payment by EC-/Maestro or credit card, we will not charge your account at the earliest to that in Abs. 1 settled date. A granted direct debit authorisation also applies to further orders until revocation. We reserve the right to make certain payment methods dependent on a credit check or a maximum order.
  6. Possible licensing (recycling, electronic certifications) outside of the Federal Republic of Germany is the responsibility of the buyer. The buyer is responsible for complying with national law regulations regarding the registration of the sales packaging and the registration under the ElektroVO, provided that he is not a (final) consumer.

§ 6 Performance Time/Delivery

  1. Our delivery dates or delivery deadlines are only non-binding information, unless these have been expressly agreed between you and us as binding. If delivery deadlines have been specified by us and made the basis for placing the order, such deadlines will be extended in the event of strikes and cases of force majeure, for the duration of the delay. The same applies if you do not comply with any obligations to cooperate.
  1. If delivery deadlines are extended, we will have special information obligations. You will be notified of any relevant change in the facts immediately.
  1. You can ask in writing to deliver within a reasonable period of time four weeks after exceeding a non-binding delivery date or a non-binding delivery period. If we do not culpably comply with an e-mail date expressly agreed as binding or a delivery period expressly agreed as binding, or if we defect for any other reason, you must provide us with a reasonable grace period to effect Setting our performance. If we pass this grace period fruitlessly, you are entitled to withdraw from the contract of sale.
  1. Subject to the restrictions under the following § 8, we shall also be liable to you in accordance with the statutory provisions if the contract is a fixed transaction or if you are entitled to rely on To invoke the continuation of your interest in the fulfillment of the contract.
  1. We are entitled to partial deliveries and partial services at any time, if this is reasonable for you.

§ 7 Right of revocation for Consumer/Revocation Instruction

As a consumer, you have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken possession of the goods. Has. In the case of a contract for several goods ordered as part of a uniform order, which are delivered separately, the fortnightly revocation period begins from the date on which you or a third party named by them who is not a carrier, Have taken possession of the last goods, or Has.

In order to exercise your right of revocation, you must send us a clear explanation (e.g. Inform letters by post, fax or e-mail) of your decision to revoke this contract.

Prothelis AG
Ski Road 48
40549 Dusseldorf

Tel: + 49 211 936 729 0
Fax: + 49 211 936 729 50
info@prothelis.de

You can use the attached sample revocation form, but it is not mandatory. You can also fill out and submit the sample revocation form (available here) or another clear statement electronically on our website www.prothelis.de. If you make use of this possibility, we will immediately send you confirmation of receipt of such a revocation.

In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you withdraw from this contract, we will have provided you with all the payments we have received from you, including delivery costs (with the exception of the additional costs arising from your a different type of delivery than the one offered by us. Have chosen standard delivery), immediately and no later than within fourteen days from the date on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. Under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods (s) back or until you have provided proof that you have returned the goods (s), whichever is the earlier.

You must return or hand over the goods (s) to us immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The time limit is met if you send the goods (s) before the expiry of the fourteen-day period. We bear the cost of the return. You only have to pay for any loss of value if this loss of value is due to a handling of you that is not necessary to check the nature, characteristics and functioning of the goods.

End of revocation instruction

Pattern revocation form

If you wish to revoke the contract, please fill out this form and send it back to:

Prothelis AG
Ski Road 48
40549 Dusseldorf

Tel: + 49 211 936 729 0
Fax: + 49 211 936 729 50
info@prothelis.de

By this, we (*) revoke the contract concluded by mir/uns (*) for the purchase of the following goods (*)/the provision of the following service (*)

Name of the goods

________________________________________________________

Appointed on (*)/get on (*)

________________________________________________

Consumer name (s)

_________________________________________________

Consumer address (s)

_______________________________________________

Location, date, signature of consumer's/

_________________________

(*) Distording incorrect

 

§ 8 Liability for defects

  1. Unless the delivered item has the nature agreed between you and us, or does not lend itself to the nature required under our contract or to use it in general, or does not have the characteristics that you have according to our public statements. If we were obliged to expect supplementary performance, we have been able to expect. This does not apply if we are entitled to refuse supplementary performance on the basis of the statutory regulation.
  2. The supplementary performance is carried out at your discretion by rectifying the defect (rectification) or supplying new goods. In doing so, you must grant us a reasonable period of time for supplementary performance. You are not entitled to reduce the purchase price or withdraw from the contract during the supplementary performance. If we have tried to rectify it twice in vain, it is considered to have failed. If the supplementary performance has failed, you are entitled, at your choice, to reduce the purchase price or withdraw from the contract.
  3. You cannot claim compensation due to a defect until the supplementary performance has failed. Your right to make further claims for damages in accordance with the following paragraphs remains unaffected.
  4. We are liable in accordance with the statutory provisions for damage to life, body and health, which are based on a culpable breach of duty on the part of us, our legal representatives or our vicarious agents. We are also liable in accordance with the statutory provisions for other damages that are based on intentional or grossly negligent breaches of contract as well as malice on the part of us, our legal representatives or our vicarious agents. To the extent that the scope of the Product Liability Act is opened, we shall be fully liable in accordance with its regulations.
  5. We are also liable within the scope of our quality and durability guarantee as part of our quality and durability guarantee as part of § 9. If damages occur which, although due to the lack of any quality or durability guaranteed by us, and however, do not occur directly to the goods delivered by us, we shall only be liable for this if the risk of such damage is apparent. From our quality and durability guarantee.
  6. If damage due to delay or lack of compensation is due to the simply negligent breach of an essential contractual obligation, i.e. the simply negligent breach of a duty, the fulfillment of which the proper implementation of the contract in the first place. And you as a buyer can regularly rely on their compliance (so-called. Cardinal duties), our liability shall be limited to the foreseeable and contract-typical damage that can be foreseen at the conclusion of the contract. The same applies if you are entitled to claims for compensation instead of performance.
  7. There are no further claims of liability against us, regardless of the legal nature of the claims you have made against us. This does not affect our liability under paragraph 3 above.

§ 9 Guarantee

  1. From the date of purchase, we guarantee you for a period of two (2) years that the purchased Prothelis hardware product and the accessories contained in the original packaging are free of material and manufacturing errors if the use is in accordance with the Manual is carried out. The battery is excluded from the warranty.
  2. The guarantee applies only to consumers.
  3. You exercise your warranty right by giving us the device and accessories in the original packaging to the above. Return the address and notify in writing of the possible defect. After it has been determined that the defect did not occur due to a foreign impact, we will then send you a new device back. We will cover the transport costs for you.
  4. Restrictions on this warranty may result from you showing us the potential damage too late.
  5. You are free by law whether you exercise your rights on the basis of your legal warranty rights or on the basis of the warranty we have issued.
  6. A warranty card is attached to the sales packaging. You can find the exact procedure (when a warranty case occurs and how to exercise it) of your right of guarantee.

§ 10 Liability for damages

  1. We are liable for damages, without prejudice to other legal eligibility requirements, the following disclaimers and limitations.
  2. We are liable if we are guilty of wilful intent and gross negligence. We are only liable for simple negligence in the event of a breach of a duty, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance the contracting partner can regularly rely (so-called "cardinal duty"). In addition, liability for damages of all kinds, no matter the basis of which is the basis for the claim, including liability for fault at the conclusion of the contract, is excluded.
  3. If we are in accordance with Abs. 2 Liable for simple negligence, our liability is limited to the damage that we typically had to expect to cause under the circumstances known at the conclusion of the contract.
  4. To the extent that liability for damages that are not attri000 to injury to the life, body or health of the customer is not excluded for which slight negligence is not excluded, such claims shall expire within a year, starting with the emergence of the claim.
  5. To the extent that the liability for damages to us is excluded or restricted, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
  6. Liability under the Product Liability Act remains unaffected, as does liability under legal regulations that provide for accountability even through no fault of their own.

§ 11 reservation of title

  1. Since the tracker is only delivered after payment has been received, the other paragraphs only apply in exceptional cases.
  2. We reserve ownership of the purchased item until the purchase price is paid in full.
  3. The customer must inform us immediately about foreclosure measures of third parties in the reserved goods by handing over the necessary documents for an intervention; This also applies to other types of impairments. Regardless of this, the customer must inform the third parties in advance of the rights existing in the goods (s).

§ 12 Form of Declaration

Legally relevant statements and advertisements that the customer must make to us or to a third party are subject to written form.

§ 13 Fulfillment ort/Legal Returning/Court

  1. Unless otherwise imply the contract results, the place of fulfillment and payment is our place of business. The legal provisions on the courts remain unaffected unless otherwise apparent from the special provision of paragraph 3 of this paragraph.
  2. The law of the Federal Republic of Germany applies to this contract; The application of the UN right to purchase is excluded. This is true by type. 6 VO EG 593/2008 not if special consumer protection regulations are cheaper in the customer's home country.
  3. If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

Terms and conditions for our app. Please take a moment and read this contract agreement.

Introduction

Dear customers, you have purchased our product GRETA (' Tracker ') and are now only a few steps away from exploiting the full functional applicability of the device. By enabling the application (' the app.), you will enter into a paid service contract with us, which opens up a wide range of service options for you.

However, this also includes some legal requirements that you need to comply with and which are listed here in the Terms and Conditions. This starts with the proper handling of the functions of the tracker (keyword data protection and usage regulations).

The first step has already been taken by assuring us that you are of legal age and therefore able to properly assess the scope of your actions with this tracker. Below we will show you the legal framework of this paid service contract. In accordance with the data protection regulations, the Terms of Use and the security instructions, we would like to sensitize you to the fact that the tracker, coupled with our range of services, is only to be used in a legally proper manner.

Our goal is to show and list your full rights as a customer. In addition, we want to provide you with generally understandable terms and conditions, without clums-drained provisions and without convoluted wording.

If you have any questions, criticism or suggestion, please feel free to contact us:

Prothelis AG
Ski Road 48
40549 Dusseldorf

Tel: + 49 211 936 729 0
Fax: + 49 211 936 729 50
info@prothelis.de

§ 1 Preamble

  1. These Terms and Conditions apply to the use of our services.
  2. The terms and conditions that are available at the time of use of Prothelis AG's performance apply. The following agreement between you and us regulates the use of mobile applications (the following app). App means applications that can be used on smartphones, tablets, PCs and laptops.
  3. We will only accept contract offers from you if you are of legal age.
  4. We reserve the right to change the terms and conditions if necessary (e.g. Due to technical renewals, cha[Update]nges in the legal situation, etc.). With each change, the update notifies you which one you need to agree to continue using the service. At no time will we use a change to circumvent data protection, youth protection or consumer protection requirements.

§ 2 scope/contract

  1. Our conditions apply to the provision of services in order to make full use of the functionality of the tracker.
  2. The object of the contract contains elements of service and trade contract, with the service component predominating. The exact services provided by us are listed in § 5.
  3. The services we provide on the basis of these Terms and Conditions require the use of certain devices.
  4. Our terms and conditions apply exclusively; We do not recognize conflicting conditions of yours unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

§ 3 Conclutract/Contract Duration

  1. The paid service contract is not made by downloading the app for free.
  2. The service contract is concluded by registering securely with the tracer's credentials via the associated app. Registration is complete if you have successfully completed the registration process. You can download the app for free from the App Store or Google Play. You can also use a web app (e.g. Start activation via your laptop) by registering. This requires you to have technical devices that allow you to use the app you need. Download.
  3. Within the registration procedure, you will be informed extensively and conclusively about the data protection regulations and terms of use. Only when you read and accept the data protection regulations, terms of use and these terms and conditions will the conclusion of the contract be completed.
  4. To register, you must deposit two phone numbers and an email address to create a Cundes.und account. The data protection aspect is clearly regulated in the data protection provisions.
  5. The duration of the contract lasts for 12 months. The contract always starts at the beginning of next month after you have completed the proper registration process.
  6. The contract is renewed for one month each unless a contracting party cancels on time. The notice period is 2 months before the conclusion of the contract. You will be notified shortly before the end of the notice period by a push message and by e-mail that the notice period is imminent.

§ 4 Compensation

  1. The range of services costs you from £3,799per month including. Vat.
  2. You must pay connection costs due to your network operator. In particular, roaming charges of the respective network operator must be provided by you.
  3. The offsetting against our claim is inadmissible, insofar as the customer's claim is not undisputed, legally established or is not synallagmatically linked to our main claim (-in the exchange relationship).

§ 5 Performance Description

  1. The service includes the constant possibility of locating (GNSS, GSM and inertial) of the tracker.
  2. By determining the geofence (area definition, certain self-defined enclosed area), you determine the correct movement area of the tracker. Once the tracker should leave this geofence at a certain interval or for a certain period of time (this can be determined in the settings of the app), you will receive a call to the first deposited phone number in which they are told this by voice computer ( "The tracker has left the Geofence"). If you are not reached, the second number of numbers deposited will be dialed. If you are also unreachable under the second phone number, you will receive a push message on your device. This message can only be removable if you confirm the message it contains.
  3. As a matter of principle, you have the ability to locate at any time. The location is made visible to them on a map view with an accuracy of 5 sqm (in optimal conditions). There may be deviations from accuracy if the conditions for a location are lacking. This is especially the case when the tracker is in a (massive) building, in locations where the signal reception of location possibilities is limited (e.g. In the tunnel) or other similar situations.
  4. You will be provided with various types of notification (push messages and, in particular, telephone notification, notification via SMS or e-mail) as a selection. The permanent retrieval of routes can also be adjusted through separate facilities. In addition, a speed measurement is possible.
  5. The contact centre is staffed 24 hours a day (7/24/365/366) by trained personnel.
  6. Your data will be used, used and stored, as explained in the Privacy Statement (available here). If you have set a separate storage of the tracker's whereabouts, you can retrieve them at any time.

 § 6 Barriers to performance

  1. We are committed to keeping our services services operational, to adapt them to technological progress and general market conditions, and to align their capacities with the usage behaviour of our customers.
  2. Performance interruptions or – delays due to force majeure or other events that make our performance temporary or long-term impossible or unreasonably difficult without any fault, and which, with the diligence of a Ordinary merchants could not have been avoided, interrupting for the period of their duration and to the extent of their effect of our performance obligation. This also applies if we are already in default of delivery. Events in the aforementioned sense include strikes and lockouts, technical failures at other operators of telecommunications facilities or – networks, power outages, fires, natural disasters, acts of violence by third parties, abusive, In particular, excessive and unpredictable use of our services, the occurrence of computer viruses and government intervention. To the extent that we use ourselves to provide our own services to third parties, our obligation to provide services is subject to the right and timely performance of our contractual partner; If this is not the case, we will inform you immediately and refund any payments made to you for the lack of performance.
  3. Lead events in the sense of the Abs. 2 In the event of permanent impossibility or a permanent significant impairment of the service, we, as contracting parties, shall be permanently free from the obligation to continue to fulfil the contract from the occurrence of the event. If the service becomes impossible only temporarily, you are entitled to reduce the contractual fees appropriately according to the duration of the interruption and the severity of the impairment.

§ 7 Revocation instruction/Right to revocation

If you are a consumer, you are legally entitled to a 14-day right of revocation. Consumers within the meaning of these Terms and Conditions shall be any natural person who makes the order for purposes which, for the most part, cannot be attributed to either their commercial or independent professional activity (cf. § 13 BGB).  You have the right to revoke this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the date on which you have successfully completed the registration process.

In order to exercise your right of revocation, you must use a clear explanation (e.g. Inform letters by post, fax or e-mail) of your decision to revoke this contract.

Prothelis AG
Ski Road 48
40549 Dusseldorf

Tel: + 49 211 936 729 0
Fax: + 49 211 936 729 50
info@prothelis.de

You can use the attached sample revocation form, but it is not mandatory. You can also fill out and submit the sample revocation form or other clear statement electronically on our website www.prothelis.de. If you make use of this possibility, we will immediately send you confirmation of receipt of such a revocation.

In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you withdraw from this contract, we will have to refund all payments we have received from you immediately and no later than fourteen days from the date on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. Under no circumstances will you be charged fees for this repayment.

If you wish to revoke the contract, please fill out this form and send it back to us.

Prothelis AG
Ski Road 48
40549 Dusseldorf

Tel: + 49 211 936 729 0
Fax: + 49 211 936 729 50
info@prothelis.de

Pattern revocation form

Hereby revoke (s) ich/we (*) the contract concluded by mir/uns (*)

About the purchase of the following goods (*)/the provision of the following service (*)


Name of the goods

________________________________________________________

Appointed on (*)/get on (*)

________________________________________________

Consumer name (s)

_________________________________________________

Consumer address (s)

_______________________________________________

Location, date, signature of consumer's/

_________________________

(*) Distording incorrect

 

§ 8 Liability for defects

  1. We are liable for deficiencies in accordance with the legal regulations.
  2. They are required, obvious defects that limit the location of the tracker or do not make it possible to report to us immediately. For consumers, failure to comply with this reporting requirement is, in principle, inconsequential.
  3. For the obviousness of a defect, the detectability or visibility is sufficient for a technically unsavvy customer.
  4. Particeon 6 must be observed for limitations on liability.
  5. Terms of use (available here).

§ 9 Liability for damages

  1. Our liability for contractual breaches of duty as well as to offence is limited to wilful misconduct and gross negligence. This does not apply in the event of injury to the life, body and health of the customer, claims due to the violation of cardinal duties, i.e. Obligations arising from the nature of the contract, which are subject to the achievement of the purpose of the contract in the event of their infringement, as well as the compensation of damage caused by default (in accordance with § 286 BGB). In this respect, we are liable for every degree of fault.
  2. The aforementioned disclaimer also applies to slightly negligent breaches of duty on the part of our vicarious agents.
  3. To the extent that liability for damages that are not attri000 to injury to the life, body or health of the customer is und/or is not excluded for slight negligence, such claims shall expire within a year, starting with the emergence of the claim.
  4. To the extent that the liability for damages to us is excluded or restricted, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
  5. In addition, the terms of use must be taken into account.
  6. If you use the location system in breach of contract and as a result you are liable to pay compensation to third parties, we are excluded from this obligation to pay compensation. Data protection and terms of use must be strictly adhered to.
  7. Liability under the Product Liability Act remains unaffected, as does liability under legal regulations that provide for accountability even through no fault of their own.

§ 10 Form of Declaration

Legally relevant statements and advertisements that you have to make to us or to a third party are subject to written form because of the purpose of proof.

§ 11 Fulfillment ort/Legal Choice/Court

  1. Unless otherwise imply the contract results, the place of fulfillment and payment is our place of business. The legal provisions on the courts remain unaffected unless otherwise apparent from the special provision of paragraph 3 of that paragraph.
  2. The law of the Federal Republic of Germany applies to this contract; The application of the UN right to purchase is excluded.
  3. The exclusive place of jurisdiction in the case of contracts with merchants, legal persons of public law or special public assets is the court responsible for our place of business.

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