GTC
General Terms and Conditions
of PAGOPACE GmbH, trading under the name PAGOPACE, Hohenzollernring 36, 50672 Cologne, Germany, hereinafter referred to as the Seller.
§ 1 General information, definitions
(1) The Seller offers contactless payment wearables in particular via the online shop 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) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who, when entering into the legal transaction, are acting in the exercise of their commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting, or supplementary General Terms and Conditions shall not become part of the contract unless their validity is expressly agreed.
§ 2 Subject matter of the contract
(1) The subject matter of the offer is solely the purchase of the so-called hardware (ring or other contactless payment wearable).
(2) The hardware is intended for use in contactless payment processes. A compatible credit card is required to activate and use the payment function. The payment function can be set up by a supported payment service provider (e.g., Curve or VIMpay). The providers of this app are 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, Germany. Further information is available at www.vimpay.de. The Curve app is operated by Curve OS Ltd, based at 15-19 Bloomsbury Way, London, WC1A 2TH, United Kingdom. Further information is available at www.curve.com. The provision or setup of the payment function itself is not subject to this contract.
(3) After concluding the purchase contract (see § 3 of these Terms and Conditions), the customer can connect their generated credit card data to the wearable via the PAGOPACE app so that it can be stored on the hardware.
(4) The payment function of the contactless payment wearables depends on the term of the credit card stored by the customer and is limited to this term.
§ 3 Conclusion
(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. Due to technical reasons, the goods ordered may differ slightly from the goods displayed on the Internet. This may result in color deviations.
(2) The customer can place an order via the seller's website, by email, by fax, or in writing. The customer's order constitutes a binding offer to conclude a purchase contract for the ordered goods.
(3) The seller will confirm receipt of the customer's order immediately by fax or email.
The purchase contract is concluded
a) upon dispatch of a separate email with an order confirmation or
b) upon delivery of the goods or
c) when the customer is requested to pay by the seller after placing the order,
whereby, if several alternatives occur, the earlier one shall be decisive for the conclusion of the contract.
(4) The contract is concluded subject to the proviso that the Seller is not obliged to perform in the event of incorrect delivery to the Seller. This shall only apply if the non-delivery is not attributable to the Seller and the Seller has taken all reasonable care to conclude a specific covering transaction with the supplier. The Seller shall make every reasonable effort to procure the goods. Otherwise, the consideration shall be refunded immediately. In the event of non-availability of the goods, the customer shall be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract shall be stored by the seller and sent to the customer by e-mail after conclusion of the contract, together with the legally binding terms and conditions.
§ 4 Retention of title
(1) In the case of consumers, the seller retains title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.
(2) If the customer acts in breach of contract, in particular in the event of default in payment, if the customer provides false information about their creditworthiness or if an application is made to open insolvency proceedings, the seller is entitled – after setting a deadline, if necessary – to withdraw from the contract and demand the return of the goods, provided that the customer has not yet rendered the consideration or has not rendered it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to the seller all claims in the amount of the invoice amount accruing 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 fails to meet his payment obligations properly and is in default of payment.
(4) The seller undertakes to release the securities to which it is entitled at the customer's request insofar as 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 at the discretion of the seller.
§ 5 Remuneration
(1) The purchase price stated is binding. The purchase price includes statutory sales tax. Any additional shipping costs incurred during shipping are included in the “Shipping” overview. Packaging costs are already included in the shipping costs.
(2) The customer shall only be entitled to offset claims if their counterclaims have been legally established, recognized, or not disputed by the seller. The buyer's right to offset contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected by this. The customer may only exercise a right of retention 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 “Payment” overview.
(2) Further information on the means of payment can be found in the overview “Payment” as well as in the customer information and the privacy policy on the seller's website.
§ 7 Shipping
(1) The seller delivers exclusively to the countries specified in the “Shipping” overview.
(2) The delivery period for deliveries within Germany is specified on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) in accordance with paragraphs 3 to 5.
(3) The delivery period for the ordered hardware (e.g., ring or other contactless payment wearable) begins one business day after receipt of payment by the seller.
(4) Information on delivery times for deliveries to other countries can be found in the customer information and in the “Shipping” overview on the seller's website.
(5) If the start or end of the period falls on a Saturday, Sunday, or a public holiday, the start or end of the period shall be postponed to the following working day.
(6) With regard to the reservation of proper self-delivery, the Seller refers to Section 3 (4) of these General Terms and Conditions.
(7) The seller is entitled to make partial deliveries if a partial delivery is reasonable for the customer, taking into account the seller's interests. This does 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 partial delivery.
§ 8 Transfer of risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods, even in the case of mail order purchases.
(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 by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(3) Handover shall be deemed to have taken place if the customer is in default of acceptance.
§ 9 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 9, 10 of these General Terms and Conditions.
(2) Ordered goods may differ slightly in color from the goods depicted on the Internet. Reference is made to § 3 (1) of these General Terms and Conditions.
(3) Consumers have the choice of whether to demand subsequent performance by repair or replacement. The seller is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not entail any significant disadvantages for the consumer. In the case of companies, the seller shall initially provide warranty for defects in the goods at its discretion by repair or replacement.
(4) If the subsequent performance fails, the customer may, at its discretion, demand a reduction in the purchase price (abatement) or rescission of the contract (withdrawal); in addition, the customer may demand compensation for damages instead of performance. In the case of only minor defects, the customer shall not be entitled to withdraw from the contract, taking into account the interests of both parties. Instead of compensation in lieu of performance, the customer may demand reimbursement of futile expenses within the scope of § 284 BGB (German Civil Code) which he incurred in good faith in reliance on the receipt of the goods and which he was reasonably entitled to incur. If the customer chooses compensation instead of performance, the limitations of liability pursuant to § 10 (1) of these General Terms and Conditions 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 warranty claims is excluded. The timely dispatch or notification shall suffice to comply with the deadline. § 377 HGB (German Commercial Code) shall apply to merchants.
(6) If the customer is an entrepreneur, only the seller's product description shall be deemed agreed as the quality of the goods. Public statements, promotions, or advertising by the manufacturer do not constitute a contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Notwithstanding this, the warranty period for entrepreneurs is 1 year from delivery. The one-year warranty period does not apply if the seller is guilty of gross negligence, nor in the event of physical injury or damage to health attributable to the seller or in the event of loss of life of the customer, in the event of a guarantee or in the event of delivery recourse in accordance with § 478 BGB. The seller's liability under the Product Liability Act remains unaffected by this.
(8) Notwithstanding paragraph 7, the regular limitation period shall apply if the seller has fraudulently concealed a defect.
(9) The seller does not give any guarantees to the customer in the legal sense, unless expressly agreed otherwise. Manufacturer guarantees remain unaffected by this.
§ 10 Limitations of liability
(1) In the event of slightly negligent breaches of duty, liability shall be limited to the average damage foreseeable for the type of goods and typical for the contract. This shall also apply to slightly negligent breaches of duty by the Seller's legal representatives or vicarious agents. The Seller shall not be liable for slightly negligent breaches of insignificant contractual obligations. However, he shall be liable for the breach of essential legal positions of the customer. Essential legal positions are those which the contract must grant to the customer according to the content and purpose of the contract. The seller shall also be liable for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may rely.
(2) The above limitations of liability do not affect the customer's claims arising from guarantees and/or product liability. Furthermore, the limitations of liability do not apply in cases of fraudulent intent, breach of essential contractual obligations, or physical injury or damage to health attributable to the seller, or in the event of loss of life of the customer.
(3) The seller is only liable for its own content on the website of its online shop. Insofar as links enable access to other websites, the seller is not responsible for the third-party content contained therein. It does not adopt the third-party content as its own. If the seller becomes aware of illegal content on external websites, it will block access to these sites immediately.
§ 11 Final provisions, dispute resolution
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. § 21 (8) sentences 1 and 4 TDSG remain unaffected.
(2) We are obliged to inform you that the European Commission has set up an online platform for the resolution of disputes.
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 email address. This is: kontakt@pagopace.de.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 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“
(2) Further information on the payment methods can be found in the overview "Payment“ as well as in the Customer Information and the Privacy Policy on the Seller's website.
§ 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.
(4) Information on delivery time in case of delivery to other countries can be found in the Customer Information and in the overview "Shipping“ on the Seller's website.
(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: kontakt@pagopace.de
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
https://www.pagopace.de/pages/kundeninformationen
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