General Terms and Conditions with Customer Information
Scope of Application
Offers and Service Descriptions
Order Process and Contract Conclusion
Prices and Shipping Costs
Delivery, Product Availability
Payment Terms
Retention of Title
Warranty for Defects and Guarantees
Error Resolution
Liability
Software, Services & Service Availability
Use of the SIM Card
Returns
Product Properties
Data Protection
Intellectual Property
Theft Recovery
Server Security
Hotline
Vehicle Decommissioning
Electronic Maps
Storage of Contract Texts
Final Provisions
1. Scope of Application
1.1. These General Terms and Conditions (GTC) in the version valid at the time of the order apply exclusively to the business relationship between Infostars GmbH (shop.gps-infostars.com) (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).
1.2. They form an integral part of the contract concluded as well as all future contracts between the Seller and the Customer, regardless of whether reference is explicitly made to them in subsequent business transactions.
1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes predominantly unrelated to their trade, business, or self-employment. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade or self-employed professional activity when concluding a legal transaction.
1.4. If individual provisions of the GTC conflict with the provisions of consumer protection law (KSchG), they apply only to business transactions and are modified accordingly for consumer transactions.
1.5. These GTC also apply to all information provided within this framework in brochures, price lists, advertisements, etc., regardless of whether communicated verbally, in writing, or via the internet. Contractual conditions deviating from or contradicting these GTC are only valid if explicitly acknowledged in writing by the Seller.
1.6. The validity of the Customer’s general terms and conditions is mutually and expressly excluded unless confirmed in writing by the Seller.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. Service descriptions in catalogs or on the Seller’s websites do not have the character of a warranty or guarantee.
2.2. All offers are valid “while stocks last,” unless otherwise stated for the products. Errors are reserved.
2.3. Any supplementary agreements or additions to contracts are subject to the requirement of written form and are only valid if observed.
2.4. The Customer is obligated to check the order confirmation and promptly inform the Seller of any deviations from the order in writing; otherwise, the contents of the order confirmation shall be deemed contractually agreed. This provision applies only to business transactions.
2.5. In view of the ongoing development of products and services, the Seller reserves the right to make changes, particularly in design and technology, provided a minimum equivalent functionality and performance are ensured. The Customer explicitly consents to this approach.
2.6. Properties of the products expected based on public statements by the Seller or its employees, especially in advertising or labeling of the goods, or due to trade customs, are part of the agreed quality only if expressly included in an offer or order confirmation in writing.
2.7. Statements, promises, or information publicly made in any form, especially in advertising or other media, which cannot be attributed to the Seller (particularly those made by resellers, agents, or other third parties) concerning the Seller’s products are non-binding unless explicitly confirmed in writing by the Seller.
2.8. Guarantees by the Seller are granted exclusively in writing. Oral commitments are non-binding.
3. Order Process and Contract Conclusion
3.1. The Customer can select products from the Seller’s assortment without obligation and collect them in a virtual shopping cart using the [Add to Cart] button. Within the shopping cart, the product selection can be modified, e.g., deleted. The Customer can then proceed to complete the order process via the [Proceed to Checkout] button.
3.2. By clicking the [Place Order with Obligation to Pay] button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can review and modify the data at any time or cancel the order process entirely using the browser’s “back” function. Required information is marked with an asterisk (*).
3.3. The Seller will then send the Customer an automatic acknowledgment of receipt by email, in which the Customer’s order is summarized again and can be printed using the “Print” function (Order Confirmation). The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is concluded only when the Seller dispatches the ordered product within two Austrian working days to the Customer, hands it over, or confirms dispatch to the Customer within two working days with a second email, explicit order confirmation, or invoice. Acceptance can also occur through a payment request by the Seller or completion of the payment process. In the event of multiple acceptance processes, the earliest acceptance date is decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract is concluded, and the Customer is no longer bound by their offer.
3.4. For Customers who are businesses, the aforementioned period for dispatch, delivery, or order confirmation is seven instead of two days.
3.5. If the Seller offers advance payment, the contract is concluded upon provision of the bank details and payment request. If the payment is not received by the Seller despite due date and after a renewed request within 10 calendar days of sending the order confirmation, the Seller withdraws from the contract, rendering the order void, and the Seller is not obligated to deliver. The order is thus settled without further consequences for both parties. Reservation of the article for advance payments is therefore limited to 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices indicated on the Seller’s website include the respective applicable statutory value-added tax (VAT). Since this may vary depending on the delivery country and whether the buyer is a business or consumer, the final calculation is made during the order process.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. These shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
4.3. The Seller reserves the right to adjust prices in the event of changes in exchange rates, customs duties, taxes, freight, insurance, and procurement costs for future transactions within the scope of an ongoing business relationship.
4.4. For recurring services, the fee is secured against inflation based on the Consumer Price Index (CPI) 2020. The fee adjustment is based on the month of contract conclusion as the baseline.
5. Delivery and Product Availability
5.1. Where advance payment has been agreed upon, delivery will take place after receipt of the invoice amount.
5.2. If delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be promptly refunded to the customer.
In the event of default in acceptance, the customer is responsible for all associated costs, particularly storage and transportation costs.
5.3. If the ordered product is unavailable because the seller is not supplied with it by their supplier through no fault of their own, the seller may withdraw from the contract. In such cases, the seller will promptly inform the customer and may propose the delivery of a comparable product. If no comparable product is available or the customer does not wish for the delivery of a comparable product, the seller will promptly refund any payments already made.
5.4. Customers will be informed about delivery times and restrictions (e.g., delivery restrictions to specific countries) on a separate information page or within the respective product description.
5.5. For customers who are businesses, the risk of accidental loss or deterioration of goods passes to the buyer as soon as the seller hands over the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. Unless otherwise agreed, the stated delivery dates and deadlines are not fixed dates.
5.6. The seller will make efforts to adhere to the customer’s requested delivery dates. However, the seller does not guarantee compliance with these dates.
5.7. The seller is entitled to make partial deliveries.
5.8. Delivery and performance delays caused by force majeure or unforeseen events that significantly hinder or render delivery impossible are not the seller’s responsibility concerning customers who are businesses, even if binding deadlines have been agreed upon. In such cases, the seller is entitled to postpone delivery or performance for the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than 60 days, the seller is entitled to terminate the contract without notice. Further claims against the seller are excluded.
This right to extend deadlines also applies to customers who are businesses if unforeseen events impact the operations of a supplier and are beyond the control of both the supplier and the seller. During the period of the impediment, the customer is also released from their contractual obligations, particularly payment. If the delay is unreasonable for the customer, they may withdraw from the contract after setting an appropriate deadline or upon mutual agreement with the seller by submitting written notice.
5.9. A delay by the seller will only be recognized if the customer has issued a written reminder. Any reminder sent within two weeks of the non-binding delivery date’s expiration will not have legal consequences.
5.10. Unless the customer has provided written notice of withdrawal from the contract due to a qualified delay (the receipt of the withdrawal notice by the seller is decisive), the seller remains entitled to perform. The customer may withdraw from the contract only to the extent permitted by law and the terms of the AGB (General Terms and Conditions) if the delay in delivery is attributable to the seller, and this involves gross negligence or renders performance impossible.
6. Payment Terms
6.1. Customers may choose from the available payment methods during the ordering process. Customers are informed about the available payment options on a separate information page.
6.2. If payment by invoice is available, it must be made within 10 days of receiving the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers (e.g., PayPal) are engaged for payment processing, their terms and conditions apply.
6.4. If a payment due date is determined by the calendar, the customer is in default upon missing the deadline. In such cases, the customer must pay statutory default interest.
6.5. The obligation to pay default interest does not exclude the seller from claiming further damages caused by delay.
6.6. Customers may only offset claims if their counterclaims are legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
6.7. In case of default, the customer is liable for all costs, expenses, and disbursements incurred by the seller in asserting their claims. This includes standard costs for engaging a collection agency or law firm.
6.8. The seller has the right to withhold, suspend, or block access to the server or SIM cards until all liabilities are fully paid. This also applies if the customer is in default under other contracts with the seller. In the event of a payment delay exceeding 60 days, the seller is also entitled to delete any data stored on the server.
6.9. If the payment deadline is exceeded, the seller may charge default interest at a rate of 10% per annum and, after setting an appropriate grace period, withdraw from the contract. This applies to fixed-term and service contracts as well.
8. Warranty for Defects and Guarantee
8.1. Warranty (liability for defects) is subject to statutory provisions, unless otherwise specified in the following regulations.
8.2. A guarantee exists for goods delivered by the seller only if expressly stated. Customers are informed about the guarantee conditions before initiating the order process.
8.3. The customer is obligated to inspect the delivered goods upon receipt and report defects promptly—no later than five days after delivery—in writing to the seller. Missing, incorrect, or damaged products or packaging must be noted on the delivery note before signing; otherwise, the goods are deemed accepted. Failure to report defects on time results in the loss of all claims for damages or warranty. Commercially acceptable deviations in quality, weight, size, thickness, width, finish, pattern, and color are not considered defects.
8.4. The seller has the right to choose between defect remediation or replacement delivery. In the event of defect remediation or replacement delivery, ownership of the removed or replaced components/devices transfers to the seller. If hardware is repaired by the seller, the warranty period for the repaired component is six months from the date of repair.
8.5. For customers who are businesses, warranty claims expire six months after the transfer of risk unless longer periods are mandatory under the law, especially for recourse provisions for entrepreneurs. Warranty for used goods is excluded for business customers.
8.6. If the customer, who is a business, has incorporated or attached the defective item into another item per Section 439(3) of the German Civil Code (BGB), the seller is not obligated, absent explicit agreement, to reimburse the costs for removing the defective item or installing/attaching the repaired or defect-free item as part of subsequent performance or recourse.
8.7. Remedying a defect claimed by the customer does not constitute acknowledgment of the claimed defect.
8.8. If the customer’s defect claims are unjustified, the customer must reimburse the seller for expenses incurred in determining the absence of defects, particularly if the issue arises from improper operation, exposure to moisture, liquids, heat, accidents, changed environmental conditions, or causes not related to the delivered product.
8.9. Warranty is excluded if the technical equipment, devices, or vehicles used by the customer are not in perfect and operational condition or are incompatible with the delivered devices.
8.10. Warranty is also excluded if the product is used for purposes other than its intended or agreed-upon use. Failures caused by external influences (e.g., interference transmitters, shielding) are not considered defects.
8.11. If work, modifications, or assemblies are carried out on the seller’s delivered products without their written consent, the warranty is automatically void. This also applies to antennas or backup batteries.
10. Liability
10.1. The following exclusions and limitations of liability apply to claims for damages against the seller, without prejudice to other statutory requirements.
10.2. The seller is only liable for intentional misconduct or gross negligence. In such cases, liability for damages incurred (including consequential damages) is limited to €20,000 per damage case or per series of related cases unless otherwise specified in these terms and conditions. Any further rights or claims, regardless of their legal basis, are excluded. This particularly applies to compensation for indirect damages (e.g., consequential damages, lost profits, data loss, service interruptions, or damages not directly affecting the contractual products but arising from their use or non-use, inoperability, or other impacts on other devices, objects, or individuals). The seller assumes no liability for delays caused by the customer’s negligence.
10.3. Liability for storage, repair, accompanying, and processing damages is limited to €7,500.
10.4. The customer must regularly verify that the expected data is captured. If this is not the case, the customer must immediately contact the seller and address the issue. Additionally, the customer must back up their data regularly, at least once daily. The seller is not liable for damages resulting from non-compliance with these obligations.
10.5. The seller assumes no liability for poor, faulty, or distorted data transmission or data loss resulting from events under the control of the respective mobile network operator, except for personal injuries under the Product Liability Act.
10.6. The seller is liable for minor negligence only in cases involving essential obligations whose breach endangers the purpose of the contract or obligations that are fundamental to the proper execution of the contract and upon which the customer regularly relies. In such cases, liability is limited to foreseeable, typical damages. The seller is not liable for minor negligence in other cases.
10.7. The above limitations of liability do not apply to injury to life, body, or health, defects covered by a warranty for the product’s condition, or fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.8. Where the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents of the seller.
10.9. When the seller installs, maintains, or inspects firewalls, they will endeavor to act with the utmost care following the state of the art. However, the seller emphasizes that absolute firewall security cannot be guaranteed and assumes no liability for cases where firewalls are bypassed or disabled, data is lost, or unauthorized access occurs. The seller’s liability towards consumers arises only in cases of intentional misconduct or gross negligence.
10.10. The customer is liable for any misuse or unauthorized use of the hardware and software, along with all associated damages incurred by the seller.
10.11. The seller’s products may not be used in the USA or Canada. Any liability or warranty for the use of the seller’s products in these countries is explicitly excluded.
11. Software, Services & Service Availability
11.1. The customer agrees to provide the seller with all information necessary for the seller’s services and to grant the seller or its employees access to the products upon request. The customer must perform any necessary acts of cooperation without delay.
11.2. The seller’s obligation to perform services begins only once the customer has fulfilled all structural, technical, and legal prerequisites for performance and has provided any necessary information of which they were informed or should have been aware due to professional knowledge.
11.3. The customer acknowledges that internet use is associated with inherent risks. The customer is responsible for securing their computer systems against viruses, trojans, hackers, and similar threats. The seller is not liable for damages caused by such threats or by unauthorized access or improper use of the customer’s computer systems.
11.4. The customer is liable to the seller for damages resulting from inadequate protection or improper use of the customer’s computer systems.
11.5. The customer must consult the seller about whether and to what extent the installation or use of a vehicle tracking device may affect or void guarantees or warranties provided for vehicles/devices. The seller explicitly disclaims any liability in this context. The seller assumes no responsibility for the compatibility of vehicle tracking devices with the customer’s vehicles/devices.
11.6. Services provided by the seller may be temporarily disrupted or interrupted due to unforeseen or extraordinary circumstances (e.g., strikes, force majeure), limitations in services by subcontractors (e.g., network operators), necessary technical measures like maintenance and repair, changes in telephone networks, or official orders. The seller will endeavor to address such disruptions promptly. The seller is not liable for such incidents unless they are caused by at least gross negligence. Other liability exclusions or limitations remain unaffected.
11.7. The seller will strive to notify the customer at least two days in advance of unavoidable service interruptions, such as maintenance work. Liability for failing to provide such notice is explicitly excluded.
11.8. Services are provided either by the seller or by service partners commissioned by the seller. Response times are approximate and may vary in individual cases (e.g., due to hard-to-reach device locations or component unavailability). Agreed response times do not apply to spare parts/components that are not essential to the product’s functionality (e.g., hinges, frames, and housing parts).
11.9. Services may also be provided via phone or internet. Where agreed, these may include repairs, installation, integration, labeling, disposal, training, or consultation services.
Unless otherwise agreed, the following are excluded from services:
- Claims excluded under these terms (e.g., defect rectification)
- Configuration work
- Work outside regular business hours
- Installation, removal, or modification of products
- Preventative maintenance (servicing)
- Replacement of consumables
- Work unrelated to repairs
- Work on the customer’s electrical environment
- Software or data transfers.
13. Returns
If the seller agrees to a product return as a goodwill gesture, the delivered items must be returned undamaged, functional, complete, and in pristine original packaging. Returns must include proof of return and the purchase receipt. The customer bears the cost of return shipping. Items specially manufactured to customer specifications are generally excluded from return rights.
14. Product Characteristics
14.1. Hardware suitability for outdoor use is only guaranteed if explicitly stated in writing in the offer or product description. Otherwise, the offered hardware is not waterproof and must be installed inside a vehicle where it is protected from moisture, water, and dirt.
14.2. The seller reserves the right to expand or modify the software at any time. When modifying or transitioning the software to a new version, the seller guarantees that all previously agreed-upon functions will remain available. Such changes or transitions do not constitute grounds for extraordinary or ordinary termination.
15. Data Protection
Customers are informed that GPS tracking or BLE beacon products transmit specific operational data (e.g., location, operational status, speed, places, battery level) to the seller’s servers. These data are accessible to customers through the software and are stored based on the selected service or service extension package. Customers are responsible for complying with legal obligations or specific requirements (e.g., employee notifications or informing works councils) arising from this process and must act promptly if necessary. Customers agree to provide proper notifications and comply with all relevant legal regulations. The seller assumes no liability for the customer’s omissions or misconduct. Customers must not share information obtained through the seller’s products with third parties without the seller’s written consent. The customer bears sole responsibility for actions or conclusions drawn from these data, which cannot be attributed to the seller.
If the customer requires assistance or if necessary to verify software functionality, the seller reserves the right to retrieve data from GPS devices.
The customer is liable for any misuse or unauthorized use of the hardware or software and for any resulting damages to the seller.
For GDPR compliance, a specific contract is provided if personal data processing is involved.
16. Intellectual Property
16.1. The seller retains all rights to designs, texts, and graphics on its website, brochures, offer documents, or other materials. Copying or reproducing these materials, in whole or in part, is only permitted for the purpose of placing an order with the seller. All trademarks, product names, or company logos cited in these materials are the sole property of their respective owners. Ownership and copyright of software images, drawings, calculations, cost estimates, offer documents, and other materials remain with the seller. The customer must obtain explicit written consent from the seller before sharing them with third parties. Reverse engineering of the products is prohibited.
16.2. Software provided by the seller but not developed by the seller is subject to the terms of the respective license agreements and general terms and conditions. Necessary licenses are provided with the products, and by agreeing to these terms, customers accept the license terms.
16.3. Intellectual property and usage rights are contractually regulated. In the absence of specific contractual agreements, the following applies: (a) All delivered products remain the property of the seller. The customer is granted usage rights solely for personal purposes. Sharing with third parties requires the seller’s written consent.
(b) Publishing the contractual products (including images or software), even in part, requires the seller’s explicit written consent.
16.4. Copyrighted products under this agreement include any products protected by national or international copyright laws, even if not eligible for protection in Austria.
16.5. The customer is liable for any license fees. Unauthorized sharing by the customer absolves the seller of contractual obligations and may lead to further claims for damages.
16.6. Breach of any clause in Section 16 entitles the seller to a penalty amounting to 10 times the order value, regardless of fault. Additional claims for damages remain unaffected.
17. Recovery in Case of Theft
17.1. Tracking devices offer the advantage of identifying the precise location of a vehicle or asset in case of unauthorized use or theft. This enables quicker countermeasures, increasing the likelihood of recovering the protected vehicle or asset. The customer is obligated to test the functionality of the devices and software at regular intervals.
17.2. Absolute recovery cannot be guaranteed, as the functionality of the tracking device depends on power supply (via vehicle or backup battery), GPS signal, mobile network availability, and other factors (e.g., how well the tracking device is concealed). The seller accepts no liability if recovery or retrieval of the property is not possible.
17.3. The seller explicitly points out that a GPS tracking device, BLE beacon, or an extension as a GPS alarm system does not provide 100% protection against theft or break-ins. The GPS alarm system primarily serves as a preventive measure.
17.4. Even when using products purchased from the seller, customers must exercise due diligence to properly safeguard valuables and ensure adequate surveillance. Additionally, the proper functionality of the GPS device and alarm system must be tested regularly. The seller’s systems are not guaranteed to be 100% available and may experience downtime during server maintenance.
17.5. The seller assumes no liability for break-ins or thefts and any related damages incurred by the customer, regardless of the availability of the seller’s product at the time of the incident.
18. Server Security
18.1. All data are transmitted to servers by the seller. The servers have an uptime of over 99%. Customers are informed of planned outages in accordance with the terms and conditions, which are necessary for regular maintenance. Planned maintenance is not counted as downtime and is always scheduled during off-peak hours.
18.2. During server outages, data caching by the seller cannot be guaranteed. Additionally, no alarms will be forwarded during such outages. The seller explicitly excludes liability in this context.
19. Hotline
The seller provides a customer hotline, operational Monday through Friday (on business days in Austria and Germany), from 9:00 AM to 4:00 PM.
The seller assumes no liability for hotline outages and reserves the right to operate the hotline via a premium-rate number or limit free access to specific tariffs or software packages.
20. Vehicle Immobilization
Some of the seller’s products allow for theoretical vehicle immobilization during operation. Depending on the jurisdiction, this may be illegal. It is the buyer’s responsibility to ensure the legality of such functionality and its use. The seller assumes no liability for consequences arising from the activation of this feature, whether during or outside of vehicle operation.
21. Digital Map
The software includes a digital map. The terms and conditions of the respective map license provider are accessible within the software or available from the seller and apply.
22. Storage of the Contract Text
22.1. Customers can print the contract text before submitting their order by using their browser’s print function during the final step of the order process.
22.2. The seller sends customers an order confirmation containing all order details to the email address provided. With the order confirmation, or no later than upon delivery of the goods, the customer receives a copy of the terms and conditions, including withdrawal instructions and details on shipping costs, delivery, and payment terms. Registered customers can view their orders in the profile section of the shop. The contract text is stored but not made available online.
22.3. For customers who are businesses, contract documents may be provided via email, in writing, or by reference to an online source.
23. Final Provisions
23.1. For business customers, unless otherwise agreed or mandated by law, the place of performance and jurisdiction is the seller’s registered office. The seller reserves the right to choose a different permissible jurisdiction.
23.2. Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory legal provisions dictate otherwise.
23.3. Customer claims cannot be assigned without the seller’s written consent.
23.4. Should any part of this agreement be invalid, the validity of the remaining provisions remains unaffected.
23.5. All disputes arising from this agreement, including disputes over its existence or non-existence, are subject to the exclusive jurisdiction of the competent court in 1030 Vienna.
23.6. The contract language is German. Translations of these general terms and conditions provided by the seller are for informational purposes only. The German version is legally binding.
23.7. The European Commission’s online dispute resolution platform for consumers: http://ec.europa.eu/consumers/odr/. The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.