1. General, Customer Group, Language
1.1 All offers, sales contracts, deliveries and services performed on the basis of orders by our customers ("customers") via (i) our online store at https://store.pace.car or (ii) online stores operated by us at third-party suppliers, e.g. on portals such as Amazon.de or kickstarter.com ((i) and (ii) (collectively "online store") are governed by these General Terms and Conditions ("GTC").
1.2 The customer's contractual partner is PACE Telematics GmbH, Haid-und Neu-Straße 18, Hoepfner Burg, Altes Malzwerk, 76131 Karlsruhe, registered in the Commercial Register of the District Court of Mannheim, HRB 722293. You can also reach us by email at: firstname.lastname@example.org as well as by phone at +49 721 2766640.
1.3 The product range in our online store is aimed at both consumers and entrepreneurs. For purposes of these GTC, (i) a "consumer" is any natural person who enters into a legal transaction for a purpose which cannot be attributed to his/her commercial or independent professional activity (§ 13 of the German Civil Code – BGB), and (ii) an "entrepreneur" means any natural or legal person or a partnership with legal personality, who or which, upon entering into a legal transaction, acts in exercise of his or its commercial or independent professional activity (§ 14 Paragraph 1 BGB).
1.4 The customer's terms and conditions do not apply, even if we do not expressly disagree with their validity in individual instances.
1.5 Contracts with the customer will be concluded exclusively in German or English, depending on whether the customer places an order using the German-language or English-language page of the online store. If the customer places an order via our German-language website, the German version of these GTC shall exclusively apply.
2. Conclusion of Contract
2.1 Our offers in the online store are not binding.
2.2 By placing an order in the online store, the customer makes a binding offer to purchase the product in question. We have the right to accept the offer until the end of the third business day following the day the offer was made.
2.3 Following the receipt of an offer, we will immediately send the customer an acknowledgment of the receipt of the offer. This acknowledgment, however, does not constitute acceptance of the offer. The offer shall only be deemed accepted by us after we inform the customer (via email) that we accept the offer or dispatch the goods. The purchase contract with the customer shall only arise upon our acceptance.
2.4 Every customer who is a consumer is entitled to rescind an offer in accordance with the special cancellation policy that is communicated to the customer as part of the order on our website, and to return the merchandise.
3. Prices and Payment
3.1 Our prices include legally applicable sales tax, however, shipping costs are not included. Shipping costs are indicated to the customer on the order form and are paid by the customer, to the extent that the latter does not make use of a statutory right of cancellation. Duties and similar levies are borne by the customer.
3.2 Unless expressly agreed otherwise, we deliver only after advance payment (in the manner indicated on the order form in the online store at https://store.pace.car/pages/zahlung-und-versand) or COD, in each case per invoice.
3.3 If delivery against invoice has been agreed, payment of our invoices is due within 14 business days of dispatch of the merchandise and receipt of the invoice by the customer.
3.4 The customer has no right to set-off or right of retention, unless a counterclaim is undisputed, has been upheld by a court, or is pending a decision.
4. Dispatch of Merchandise
4.1 Deadlines and dates indicated by us for the shipment of merchandise are always understood to be approximate and may therefore be exceeded by up to two business days. This does not apply if a fixed shipping date has been agreed.
4.2 All delivery periods indicated by us during the order process or otherwise agreed begin (a) if advance payment is agreed upon, on the date of receipt of the full purchase price (including sales tax and shipping costs) or (b) if payment is by COD or against invoice, on the day of the conclusion of the purchase contract.
4.3 Warehouse items will only be reserved after payment is received. Delivery dates may be reasonably extended in the case of advance payment.
4.4 The date we consign merchandise to the shipping company shall be determinative with respect to observance of the delivery date.
4.5 Even where merchandise on the order form is marked as "in stock", we are entitled to sell said merchandise at our discretion
4.5.1 if the order form indicates that there is only limited availability of the merchandise or
4.5.2 delivery is subject to payment in advance and payment is not received within a period of five business days after our acceptance of the offer.
In such instances, shipment will be made within the agreed period or the period specified by us, and while stocks last.
4.6 If no delivery period is specified or otherwise agreed, or we are no longer obliged to comply with an agreed delivery period as a result of a permissible sale per Section 4.5, shipment within three weeks from the beginning of the contractual delivery period pursuant to Section 4.2 shall be deemed to be agreed.
4.7 In the event that our supplier fails to make timely delivery of merchandise that was designated as "not in stock" on the order form or was sold pursuant to Section 4.5, the applicable contractual delivery period pursuant to Section 4, and up to and including delivery by our supplier, shall be extended by a period of three business days, however, by no more than a period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and immediately re-ordered the respective merchandise.
4.8 In the event that merchandise cannot be delivered and/or delivered in a timely manner as a result of one of the reasons specified in Section 4.7, we will notify the customer immediately after becoming aware of the situation. We reserve the right to cancel the purchase contract in the event that merchandise will not be available from our supplier for the foreseeable future. In the event of cancellation, we will immediately refund any payments we have received from the customer. In the event of delayed delivery, the customer's statutory rights shall not be affected by the above provision, whereby the customer may claim damages only under the special provisions of Section 10 of these GTC.
5. Shipping, Insurance and Transfer of Risk
5.1 Unless otherwise expressly agreed, we will determine the appropriate shipping method and shipping company at our own discretion.
5.2 We are solely obligated to provide the timely, proper delivery of merchandise to the shipping company, and are not responsible for delays caused by the carrier. Therefore, shipping periods specified by us are not binding.
5.3 If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of delivered merchandise is assumed by the customer upon delivery of the product to the customer or at the point in time at which the customer is deemed to be in default of acceptance. In all other instances, and to the extent that we are solely responsible for shipment, all risk is assumed by the customer at the time we deliver merchandise to the transport company. However, in the event that we carry out installation and assembly work at the customer site, the latter assumes all risk following completion of said work and handover to the customer.
5.4 We will insure goods against the usual transport risks at our expense.
6. Retention of Title
6.1 We reserve title to the merchandise delivered by us until such time as full payment is made of the purchase price (including sales tax and shipping costs) of the product in question.
6.2 Unless prior written consent has been obtained, the customer is not entitled to resell merchandise delivered by us which is still under retention of title.
7.1 In the event that delivered merchandise evinces a material defect, the customer shall be entitled to require that we remove the defect or deliver defect-free merchandise. However, in the event that the customer is an entrepreneur, we are entitled to choose between removing the defect or the delivery of defect-free merchandise; the customer shall be notified of our choice exclusively in text form (or via fax or email) or in compliance with stricter formal requirements (e.g. written form) within three business days of receiving notification of the defect. We may refuse the form of remedy chosen by the buyer where said remedy is only possible at disproportionate cost.
7.2 If subsequent performance pursuant to Section 7.1 is unsuccessful or is unacceptable to the customer, or if we refuse subsequent performance, the customer shall, in accordance with applicable law, be entitled to cancel the contract, reduce the purchase price or seek damages or reimbursement of his fruitless expenditures. For customer claims for damages, the special provisions of Section 10 of these GTC also apply.
7.3 The warranty period for customers who are consumers is two years following delivery. For customers who are entrepreneurs, the warranty period is one year following delivery.
7.4 The following applies exclusively to entrepreneurs: The customer must carefully inspect merchandise immediately upon delivery. Delivered merchandise shall be deemed accepted by the customer if we are not notified of a defect (i) within 5 business days of delivery in the event of obvious defects, or (ii) in all other instances, within five business days of discovery of the defect.
8. Special provisions regarding sale of the PACE Link
Notwithstanding the other provisions of these GTC, in particular notwithstanding Sections 7 and 10 of these GTC, the following applies to the sale of the PACE Link:
8.1 The PACE Link is a plug which is inserted into the OBD II port on the user's vehicle. This enables the PACE Link to access data directly from the vehicle. After installing the PACE App on the user's smartphone, the PACE App and PACE Link can be connected to each other. The PACE App allows you to retrieve both data collected by the PACE Link, as well as information and data from the PACE Cloud. The PACE Link thereby enables the user, via the PACE App, to view and track data for his or her vehicle on a smartphone, as well as potentially obtain additional information such as traffic or weather conditions, all from the PACE Cloud. In addition, users can give third parties, e.g. repair shops and insurance companies, the opportunity to directly view data collected by the PACE Link.
8.2 Contractual use of the PACE Link requires installation of the PACE App on a smartphone with the current following system requirements:
8.2.1 Apple iPhone 4s, 5, 5c, 5s, 6, 6 Plus, 6s and 6s Plus;
8.2.2 Android Smartphones, Android Version 4.3 or higher, with Bluetooth LE.
8.2.3 The current system requirements are noted on the packaging of the PACE Link and published on our homepage.
8.3 The PACE App will be provided for download by users for free from the applicable App Stores. To use the full functionality of the PACE, a user account must be set up in the PACE App.
8.4 To able to use the full functionality of the PACE App, a user needs a web-enabled smartphone. Users are responsible for acquiring an internet connection on their smartphone.
8.5 The PACE Link possesses all necessary certifications for approved use in a motor vehicle and in road traffic. The PACE Link has passed all certification tests which are required for safe operation in motor vehicles in Germany and other EU countries (e.g. e-Mark, CE certification and various Bluetooth certificates and tests). However, proper installation and proper connection of the PACE Link is the responsibility of the customer. PACE accepts no responsibility for the impairment of manufacturer guarantees or vehicle warranties which results from the use of the PACE Link.
8.6 PACE expressly points out to customers that the regulations and provisions governing road traffic should always be observed, in particular the Road Traffic Act (StVG) and the Road Traffic Regulations (StVO), and that compliance with these is the responsibility of the customer. PACE assumes no liability for any damages or consequences which result from the use of the PACE App while failing to observe road traffic regulations or other relevant laws and regulations.
8.7 It is the customer's responsibility to connect the PACE Link solely to a vehicle which belongs to the customer and/or solely with the consent of the person entitled to a vehicle. The customer is responsible for informing individuals who use a vehicle equipped by a user with the PACE Link that (i) the PACE Link, in conjunction with the PACE App on a registered mobile phone, collects and transmits data which will be available on the PACE App or the PACE software; the customer is also responsible for (ii) obtaining their consent thereto.
8.8 The PACE App's accident notification feature (automatic emergency call) uses certain pre-programmed algorithms which are based on typical accident situations. Consequently, the pre-programming of these algorithms cannot cover every conceivable accident in practice, or take into account accidents which could conceivably or de facto occur in the future. Therefore, in certain instances the accident notification feature (automatic emergency call) may not be triggered by a collision. Consequently, PACE points out that the accident notification feature (automatic emergency call) is only intended to provide assistance. Depending on the situation, it may be necessary to make a manual emergency call. PACE is not liable for any consequences which arise from an accident for which the PACE App does not send accident notification, or from an accident notification (automatic emergency call) which is sent as a result of the improper use of the PACE Link (e.g. in an OBD II simulator).
9. Industrial Property Rights and Copyrights
9.1 The customer is granted the non-exclusive right to use the software delivered with the product in order to use same.
9.2 The customer is not entitled to make copies of the software, except for the purposes of usage in accordance with Section 9.1 or for backup purposes.
9.3 The customer may solely transfer the rights which have been granted to him to a third party if ownership of the relevant product (i.e. the hardware product) is simultaneously transferred to the said third party and the customer does not retain any copies of the software.
9.4 We are under no obligation to disclose the source code of the software.
10.1 Our liability for delayed delivery – except in the case of intent or gross negligence – is limited to 15% of the respective purchase price (including sales tax).
10.2 Customer claims for damages are excluded. Exceptions thereto, without prejudice to the exclusion of liability under Section 10.6, include customer's claims for damages based on the breach of essential contractual obligations (material obligations). Material contractual obligations are those whose performance is necessary to achieve the objective of the contract.
10.3 In the event of the breach of material contractual obligations, we are only liable for typical, foreseeable damages if these were caused by simple negligence.
10.4 The limitations pursuant to Sections 10.2 and 10.3 shall also inure to the benefit of our legal representatives and vicarious agents in the event that claims are asserted directly against them.
10.5 We are also not liable (regardless of the legal reason) for damages which are typically not expected from normal use of the product. Our liability is also excluded for damage from data loss if the data cannot be restored or can only be restored with difficulty due to no/insufficient data backup. The above limitations of liability shall not apply in the case of intent or gross negligence.
10.6 The limitations of the present Section 10 shall not apply to our liability for warranted constituent elements within the meaning of § 444 of the German BGB in connection with injury to life, limb or health according to the Product Liability Act or in other instances involving mandatory legal liability.
11. Data Privacy
11.1 We may process and store data associated with purchase contracts to the extent necessary for the execution and settlement of the purchase contract, and for long as we are obligated to store this data by law.
11.2 We reserve the right to transmit customers' personal data to credit bureaus to the extent necessary to perform a credit check, provided that the customer expressly provides consent thereto in each individual instance. We will otherwise not transmit personal customer information to third parties without the explicit consent of the customer, except in so far as we are legally obligated to release this information.
11.3 The collection, transmission or other processing of customers' personal data for purposes other than those specified in the present Section 10 is not permitted thereunder.
11.4 The collection, transmission or other processing of customers' personal data – including for promotional purposes – based on customers' specific explicit consent shall remain unaffected by Section 11.4.
12. Applicable Law and Venue
12.1 The purchase contract that exists between us and the customer is subject to binding international private law provisions of the law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods.
12.2 In the event that the customer is a merchant within the meaning of § 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law or a public sector fund, the courts in Karlsruhe shall have exclusive jurisdiction over any disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action in any court accorded jurisdiction by law.
13. Information Regarding of Cancellation
13.1 When concluding a long-distance transaction, consumers generally have a statutory right of cancellation, and are subsequently informed of this by a vendor-provided legal template. A sample cancellation form can be found in Section 13.2.
Information Regarding Cancellation
Right of Cancellation
You have the right to cancel this contract within fourteen days without cause. The cancellation period is fourteen days from the date on which you or a third party designated by you which is not a carrier take/takes possession of merchandise. To exercise your right of cancellation, you must inform us of your intent to cancel the contract by sending a specific declaration (e.g. a letter via regular mail, fax or email) thereto to PACE Telematics GmbH, Haid-und Neu-Straße 18, Hoepfner Castle, Altes Malzwerk, 76131 Karlsruhe. You may use the enclosed model cancellation form, although this is not required. To meet the cancellation deadline, it is sufficient that you send your notification to exercise your right of cancellation prior to the expiration of the cancellation period.
Consequences of Cancellation
In the event that you cancel this contract, we will immediately reimburse all payments we have received from you, including shipping costs (with the exception of additional costs incurred as a result of your choice to use a delivery method different from the low-cost standard delivery method offered by us), at the latest within fourteen days from the date on which we receive notification of your cancellation of the contract. In the event of such reimbursement, we will use the same method of payment you used in the original transaction, unless you expressly agreed to another arrangement with us; in no cases will fees be charged for this reimbursement. We may withhold reimbursement until we have received returned merchandise, or until you provide proof that you have sent the merchandise back, whichever comes first. You must immediately send back or physically return merchandise to us, however not later than fourteen days from the date on which you inform us of the cancellation of the contract. The deadline is deemed to have been met if you send back the merchandise prior to the expiration of the 14-day period. You bear all costs incurred when returning merchandise. You are only required to pay for any potential diminished value of merchandise where the diminished value is due to unnecessary handling by you to ascertain the nature, characteristics and functioning of the merchandise.
13.2 In line with statutory regulations, the vendor provides information regarding the model cancellation form as follows:
Model Cancellation Form
(If you wish to cancel the contract, please fill out this form and send it back)
(*) delete as applicable
- To PACE Telematics GmbH, Haid-und Neu-Straße 18, Hoepfner Burg, Altes Malzwerk, 76131 Karlsruhe:
- I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following merchandise (*)/providing the following services (*)
- ordered on (*) /received on (*)
- Name of consumer
- Address of consumer
- Consumers’s signature (only if notification made on paper)