General Terms and Conditions
of PAGOPACE GmbH trading as PAGOPACE, Neumarkt 36-38, 50667 Cologne, Germany, hereinafter referred to as the Seller.
§ 1 General, Definitions
(1) The seller offers contactless payment wearables in particular via the online store on the website www.pagopace.de. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in the version valid at the time of the order.
(2) Consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneurs in the sense of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction. Customers in the sense of the terms and conditions are both consumers and entrepreneurs.
(3) Individual contract agreements have priority over these terms and conditions. Deviating, conflicting or supplementary terms and conditions are not part of the contract, unless their validity is expressly agreed.
§ 2 Subject matter of the contract
(1) The subject of the offer is solely the acquisition of the so-called hardware. In order to use this for contactless payment, the customer must download the app "VIMpay". Provider of this app is not the seller. Rather, VIMpay is provided by the two cooperating companies petaFuel GmbH and PayCenter GmbH, both located at Clemensänger-Ring 24, 85356 Freising Further information is available at www.vimpay.de
(2) After the conclusion of the purchase contract (cf. under § 3 of these GTC), the customer can upload his credit card data generated via VIMpay via the customer account on the website from the seller, so that these can be stored on the hardware (ring or other contactless payment wearables).
(3) The seller will then send the customer the hardware (ring or other Contactless Payment Wearables) with charged credit cards. To use this, the hardware must still be activated by the customer after receipt. This is done by scanning the barcode, which is delivered to the customer by the seller with the ring by mail.
(4) The payment function of the Contactless Payment Wearables is dependent on the duration of the credit card deposited by the customer and is limited to this duration.
§ 3 3 Conclusion of contract
(1) The presentation of the goods on the website of the seller does not constitute an offer in the legal sense, but only an invitation to the customer to make an offer in the legal sense. The ordered goods may look slightly different from the goods presented on the Internet due to the technical presentation possibilities. In this respect, there may be color deviations.
(2) The order by the customer can be made via the website of the seller, by e-mail, by fax or in writing. The customer's order constitutes a binding offer to conclude a purchase contract for the ordered product(s).
(3) The seller will confirm receipt of the customer's order immediately by fax or e-mail.
The purchase contract is concluded
- a) with the sending of a separate e-mail with an order confirmation or
- b) with the delivery of the goods or
- c) when the customer is requested by the seller to pay after placing his order,
whereby in the event of the occurrence of several alternatives, the temporally earlier one is decisive for the conclusion of the contract.
(4) The conclusion of the contract is subject to the reservation, in case of incorrect self-delivery, not to perform. This applies only in the event that the non-delivery is not the responsibility of the seller and the seller with due diligence has concluded a specific cover transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In the event that the goods are not available, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract is stored by the seller and sent to the customer together with the legally effective included terms and conditions by e-mail after conclusion of the contract.
§ 4 Retention of title
(1) For consumers, the seller retains ownership of the goods until full payment of the purchase price. For entrepreneurs, the seller retains ownership of the goods until full settlement of all claims arising from an ongoing business relationship.
(2) In the event of conduct by the customer in breach of contract, in particular in the event of default in payment, in the event of false information provided by the customer regarding his creditworthiness or if an application is made for the opening of insolvency proceedings, the seller shall be entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet provided the counter-performance or has not provided it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to the seller all claims in the amount of the invoice amount, which accrue to him from the resale against a third party. The Seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
(4) The Seller undertakes to release the securities to which it is entitled at the Customer's request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent on the Seller in this respect.
§ 5 Remuneration
(1) The stated purchase price is binding. The purchase price includes the statutory sales tax. The additional shipping costs incurred during shipping are included in the overview "Shipping“. Costs for packaging are already included in the shipping costs.
(2) The customer has a right to offset only if his counterclaims have been legally established, recognized or not disputed by the seller. The right of the customer to offset against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected. The customer may exercise a right of retention only if his counterclaim is based on the same contractual relationship.
§ 6 Payment options
(1) The payment options available to the customer for the purchase of the goods are displayed to the customer in the overview "Payment“
§ 7 Shipping
(1) The Seller shall deliver exclusively to the countries specified in the overview "Shipping“
(2) The delivery period for deliveries within Germany is indicated on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) according to paragraphs 3 to 5.
(3) The delivery period begins one day after the customer transmits the credit card data generated by VIMpay for the ordered hardware (ring or other contactless wearable) to the seller.
(5) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday, the start or end of the deadline shall be postponed to the following working day.
(6)With regard to the reservation of proper self-delivery, the seller refers to § 3 paragraph 4 of these GTC.
(7) The seller is entitled to partial delivery, insofar as a partial delivery is reasonable for the customer, taking into account his interests. This shall not affect the content of the contract, in particular the performance owed by the Seller or the agreed performance time. The customer shall not incur any additional costs as a result of the partial delivery.
§ 8 Transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of a mail-order purchase.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale to destination upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(3) The handover is the same if the customer is in default of acceptance.
§ 9 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified according to § § 9, 10 of these GTC..
(2) Ordered goods may differ slightly in color from the goods depicted on the Internet. Reference is made to § 3 paragraph 1 of these GTC.
(3)Consumers have the choice of whether to demand subsequent performance by repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, the seller shall initially provide warranty for defects of the goods at his discretion by repair or replacement.
(4) If the subsequent performance fails, the customer may in principle at his discretion reduction of the purchase price (reduction) or cancellation of the contract (rescission); in addition, the customer may claim damages instead of performance. In the event of only insignificant defects, the customer - taking into account the interests of both parties - shall not be entitled to withdraw from the contract. Instead of damages in lieu of performance, the customer may demand reimbursement of futile expenses within the scope of § 284 of the German Civil Code (BGB), which the customer incurred and could reasonably be expected to incur in reliance on receipt of the goods. If the customer chooses compensation for damages instead of performance, the limitations of liability pursuant to § 10 paragraph 1 of these GTC shall apply.
(5) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch or notification shall be sufficient to meet the deadline. For merchants, § 377 HGB applies.
(6) If the customer is an entrepreneur, only the product description of the seller shall be deemed agreed as the quality of the goods. Public statements, praise or advertising of the manufacturer do not represent any contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. The one-year warranty period does not apply if the seller can be accused of gross negligence, furthermore, not in the case of bodily injury and damage to health attributable to the seller and in the event of loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with the § 478 BGB. The liability of the seller under the Product Liability Act remains unaffected.
(8) Notwithstanding paragraph 7, the regular limitation period shall apply if the Seller has fraudulently concealed a defect.
(9) The seller gives no guarantees to the customer in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected by this.
§ 10 Limitations of liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to the average damage foreseeable according to the type of goods and typical for the contract. This also applies to slightly negligent breaches of duty of the legal representatives or vicarious agents of the seller. The Seller shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. However, he is liable for the violation of essential contractual legal positions of the customer. Material contractual legal positions are those which the contract must grant to the customer according to the content and purpose of the contract. The seller is also liable for the breach of obligations, the fulfillment of which makes the proper execution of the contract at all possible and on the compliance of which the customer may rely.
(2) The above limitations of liability do not affect claims of the customer arising from guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations, or in the event of bodily injury or damage to health attributable to the Seller, or in the event of loss of the Customer's life.
(3) The seller is liable only for its own content on the website of his online store. Insofar as links provide access to other websites, the seller is not responsible for the third-party content contained therein. He does not adopt the external content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
§ 11 Final provisions, dispute resolution
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § Section 21 paragraph 8 p. 1, 4 TDSG remains unaffected.
(2) We are obliged to inform you that with regard to the so-called online dispute resolution on the part of the European Commission, a corresponding online platform is provided. You can access this platform at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to provide you with our e-mail address. This is: firstname.lastname@example.org
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.