General Terms and Conditions (T&C)

These General Terms and Conditions (T&C) apply to all contracts between

Horizont Electronic Vertriebs GmbH & Co. KG

Päwesiner Weg 46/47, 13581 Berlin, Germany

Managing Directors: Sükrü Kahraman, Dipl.-Ing. Hamid Shahmirzadi

(hereinafter “Provider”)

and its customers (hereinafter “Customer”).

These T&C apply to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).

Individual agreements take precedence (§ 305b BGB). The version valid at the time of contract conclusion is decisive.

2.1 Product Presentations

Product presentations do not constitute a binding offer, but rather an invitation to submit an offer (invitatio ad offerendum).

2.2 Conclusion of Contract with Consumers (B2C)

• By clicking the “order with obligation to pay” button, the Customer submits a binding offer.
• The automatic order confirmation does not yet constitute acceptance.
• The contract is concluded by express acceptance by email, shipment of the goods, or activation of the service.
• The contract text is stored and sent to the Customer by email.

2.3 Conclusion of Contract with Entrepreneurs (B2B)

• Orders constitute a binding offer to which the Customer is bound for 14 days.
• Acceptance takes place by order confirmation, shipment of the goods, or provision of the service.

3.1 How Tracking Works

Tracking accuracy depends, among other things, on GPS signal quality, mobile network coverage, structural conditions, and weather influences. Uninterrupted or highly accurate tracking at all times cannot be guaranteed.

3.2 Third-Party Providers

Data transmission takes place via external mobile network and internet providers. We are liable for disruptions or outages only where we are at fault.

3.3 Data Processing

Personal data, in particular location data, is processed exclusively for contract fulfillment and in accordance with the GDPR. Details are governed by the Privacy Policy.

3.4 Technical Failures

In the event of technical disruptions, we will endeavor to remedy them as quickly as possible. Statutory warranty rights remain unaffected.

3.5 Blocking of the Service

In the event of justified blocking (e.g. payment default), data transmission may be delayed or may not take place.

4.1 Lifetime Warranty Model

1. Subject Matter of the Contract and Transfer of Ownership

Under the Lifetime Warranty Model, a tracker is provided to the Customer for use. This applies to the product variants fixed-installation tracker, OBD tracker, truck telematics tracker, and personal tracker.

For fixed-installation trackers, OBD trackers, and truck telematics trackers, the minimum contract term is 3 months. After expiry of the minimum contract term, the contract may be cancelled with one month's notice. For personal trackers, the minimum contract term is 12 months. After expiry of the minimum contract term, the contract may be cancelled with one month's notice.

Transfer of Ownership:

After a contract term of 12 months and full payment of the fees agreed for this period, ownership of the tracker transfers to the Customer.

If a contract for a fixed-installation tracker, personal tracker,OBD tracker, or truck telematics tracker is terminated before the expiry of 12 months, ownership of the tracker does not transfer to the Customer. In this case, the Customer is obliged to return the tracker to us within 14 days after termination of the contract. The Customer bears the return shipping costs. In the case of a fixed-installation tracker, the Customer is obliged to have the device professionally removed at their own expense and then return the device to us. Damage resulting from improper removal shall be borne by the Customer.

We grant a lifetime warranty for the functionality of the tracker, provided that the device is used as intended and properly and the Customer has an active contractual relationship with us. At our discretion, the warranty covers repair or replacement of the device.

Excluded from the warranty are damage or functional impairments caused in particular by improper use or use contrary to the intended purpose, accident, manipulation, interventions or repairs by the Customer or unauthorized third parties, exposure to moisture or liquids, or the use of force.

Permanently Installed Battery

If the tracker has a permanently installed battery, the statutory rights in respect of defects apply to the battery. The statutory liability for defects is neither restricted nor replaced by the foregoing warranty. An ordinary reduction in battery capacity due to age and use does not constitute a warranty claim, provided that it is based on the usual aging of the battery and its intended use.

A technical defect in the permanently installed battery that goes beyond ordinary aging and the usual loss of capacity may – provided the respective requirements are met – constitute a statutory defect or a warranty claim.

4.2 Rental Model

For tariffs with a rental GPS tracker, the device remains the property of the Provider throughout the entire contract term. The Customer receives a time-limited right of use.

4.3 Purchase Model

For GPS trackers purchased by the Customer, ownership transfers to the Customer upon full payment of the purchase price in accordance with § 929 BGB. In this case, there is no obligation to return the device.

The tracking service is an independent service.

The SIM card must be returned upon cancellation. If the SIM card is not returned, a flat fee of €20.00 incl. VAT will be charged

4.4 2G GPS Trackers for Vehicles – without Subscription & with Subscription

• 2G network shutdown: The 2G network in Germany will be shut down no later than 30 June 2028 (possibly earlier).
• Use: The tracker can be used without restriction until the network is shut down.
• Smart Package: 500 MB of data included.
• Optional additional data: 500 MB for €20.00 incl. VAT.

The minimum contract term is 3 months.

After expiry of the minimum contract term, the contract may be cancelled with one month's notice to the end of the month.

• Consumers may cancel the contract in text form (§ 126b BGB), e.g. by email or contact form.
• Entrepreneurs may cancel the contract in text form or written form (§ 126 BGB).

6.1 Return Obligation

Rental devices must be returned to the Provider within 4 weeks after the end of the contract.

The Customer bears the cost of return shipment. Shipment must be sufficiently stamped and securely packaged for transport.

Consumers are not liable for normal wear and tear resulting from the intended use of the rental devices.

6.2 Costs in Case of Loss or Damage

• CAN bus tracker: €99.00 incl. VAT.
• Standard GPS tracker: €29.00 incl. VAT.
• Repair costs: according to effort, max. €19.00 incl. VAT.

The Customer may prove that no damage or a lower amount of damage has occurred.

The SIM card must be returned with the device. If the SIM card is not returned, a flat fee of €20.00 incl. VAT will be charged.

All prices include statutory value added tax.

7.1 Billing

The monthly service fees are billed semi-annually in advance (6 months). This applies to all rental models and to the XL savings package in the purchase model.

7.2 Payment Default

In the event of payment default, we reserve the right to temporarily block the service after prior reminder.

7.3 Processing Fee

For payment without SEPA direct debit, a processing fee of €1.50 per invoice applies. This fee does not apply when using the SEPA direct debit procedure.

Consumers have a statutory right of withdrawal of 14 days (§§ 312g, 355 BGB). Details are governed by the cancellation policy.

Consumers (B2C)

• 24 months statutory warranty
• 12 months reversal of the burden of proof (§ 477 BGB)

Entrepreneurs (B2B)

• 12 months warranty
• Inspection and notification obligation (§ 377 HGB)

Batteries

• B2C: 24 months
• B2B: 6 months

After expiry, we offer battery replacement for €39.90 incl. VAT.

Each tariff includes 20 MB of data volume per month. After consumption, speed is reduced to 32 kbit/s until the end of the month. No additional costs arise.

We are liable without limitation in cases of intent, gross negligence, personal injury, under the Product Liability Act, and where a guarantee has been assumed.

In the event of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.

German law applies. Mandatory consumer protection provisions remain unaffected for consumers. For merchants, the place of jurisdiction is Berlin.

We are willing to participate in a dispute resolution procedure:

Universalschlichtungsstelle des Bundes

Straßburger Straße 8

77694 Kehl

www.verbraucher-schlichter.de

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Horizont Electronic Vertriebs GmbH & Co. KG

Päwesiner Weg 46/47

13581 Berlin

Phone: 030 / 3553067717

Email: info@horizont-electronic.de