Terms of service

Terms of Service
the
trackle GmbH


1. Preliminary remark, definition of terms
1.1 trackle GmbH ("trackle" or "we") is active in the field of natural family planning ("NFP") and contraception and in this context has in particular the medical product trackle for measuring the basal body temperature ("main product") together with the associated software system and app developed. trackle offers this and other goods and services related to the main product (together "products" or "goods") to both end customers (consumers within the meaning of § 13 BGB, "customer") and dealers (entrepreneurs within the meaning of § 14 BGB, "Dealer"). The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to her commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.


1.2 These General Terms and Conditions ("GTC") serve to standardize the sale of products to the customer via the online shop https://shop.trackle.de/.


1.3 The customer may only use and store the products in accordance with these GTC and any other instructions from trackle. For the specific use of the product, its area of application and any risks associated with family planning or contraception, we refer to the applicable instructions for use. Instructions for use will be sent when the product is used for the first time.


2. Scope
2.1 The following terms and conditions apply exclusively to the business relationship between trackle and the customer in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless trackle expressly agrees to their validity in writing.


2.2 The structure of the sale of the products to entrepreneurs is reserved for individual contracts with them and is not the subject of these GTC.


2.3 Individual agreements made in individual cases (including ancillary agreements, additions and changes) always take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation by trackle is decisive for the content of such agreements.


2.4 Legally relevant declarations and notifications that are to be submitted after the conclusion of the contract (e.g. setting of deadlines, reminders, declaration of withdrawal) must be in text form (e-mail is sufficient) to be effective.


2.5 References to the validity of legal regulations only have clarifying meaning. Even without such a clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these General Terms and Conditions.

3. Conclusion of contract; order processing
3.1 The customer can select products from the range/online shop and collect them in a so-called shopping cart using the “Add to shopping cart” button. The customer can then make sure of her order and continue with the order via "Checkout". In the next step, the customer's contact information and the delivery address must be entered regularly and the user must agree to these terms and conditions. Alternatively, the customer can "Login" to her customer account or make an "Express Checkout" via the PayPal payment service. The contact information provided by PayPal will then be used by us to send the product to the customer. After entering the necessary contact information, the customer clicks on the "Continue to payment" button to enter her payment details. After receipt of this, the customer has the option to check her order for the last time before the legally binding offer to conclude the contract is made via the "Buy" button. However, this application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.


3.2 trackle then sends the customer an order confirmation by email. The contract is formed as a result of this or the delivery of the goods.


4. trackle
4.1 The customer can choose between two options: In addition to purchasing the product (permanent use), the customer can take out a subscription (temporary use).

purchase subscription
Purchase price / fee (incl. VAT) EUR 199.00
Monthly rate (incl. VAT) EUR 9.99
contract term 24 Months


4.2 If the customer selects the complete purchase, she pays the purchase price of EUR 199.00 once when ordering using one of the payment methods provided in the online shop (section 11).


5. Subscription, Cancellation
5.1 If the customer chooses the subscription, she pays monthly usage fees (“monthly rate”) for the duration of the fixed contract period of 24 months. The monthly rate is EUR 9.99. The first monthly rate is to be paid upon receipt of the order. At the end of the fixed contract period, the subscription continues under the agreed conditions.


5.2 The parties have the right to terminate the contract at the end of the fixed contract period in accordance with Section 5.1 with a notice period of six months to the end of the month without giving reasons.


5.3 The right to extraordinary termination for good cause remains unaffected. A temporary failure of the customer's cycle does not constitute an extraordinary reason for termination.

5.4 With the conclusion of the subscription, there is also the option of purchasing a right to withdraw from the subscription after 6 months from the conclusion ("starter kit"). The starter kit costs a one-time fee of 24.99 euros. If the right of termination is to be exercised, the customer must terminate the contract by e-mail no later than 2 weeks before the end of the first 6 months. If she does not cancel, her contract automatically changes to the regular subscription with a fixed contract period of 24 months. The first 6 months count towards the subscription period. The first 6 monthly installments will be retained in any case.


5.5 Any termination must be in text form (e-mail is sufficient).

6. Delivery, Availability of Goods
6.1 The delivery times specified by trackle are calculated from the time the contract is concluded, provided the purchase price or the first monthly installment has been paid in advance. If no or no deviating delivery time is specified for the respective goods in our online shop, it is usually five days.


6.2 If no copies of the product selected by the customer are available at the time the customer places the order, trackle will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, trackle will refrain from a declaration of acceptance. A contract is not concluded in this case.


6.3 If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this in the order confirmation. A contract is then only concluded when the goods are shipped and confirmed by trackle.


6.4 The following delivery restrictions apply: trackle only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country:

Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, Greece, Netherlands, Italy, Ireland, Iceland, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary, Cyprus.


6.5 We would like to point out that in particular no deliveries can be made to customers with their usual place of residence in the USA. The customer is also prohibited from reselling products commercially to customers who have their habitual residence in the USA.


7. Prices and shipping costs
7.1 All prices quoted include the applicable statutory sales tax.


7.2 trackle bears the costs for standard shipping within the Federal Republic of Germany. The shipping costs and conditions for deliveries to other countries can be found under "Shipping and delivery conditions trackle online shop" (https://trackle.myshopify.com/pages/versand-und-lieferbedingungen-trackle-online-shop ).


7.3 The goods are dispatched by ordinary mail.


7.4 In the event of a cancellation, the customer must bear the direct costs of the return shipment.


8. Return of products, damage caused by delay
8.1 In the event of termination of the contractual relationship, the main product must be sent back to trackle immediately - generally at the expense of the customer - including any accessories.


8.2 If the return is not made within 14 days after the end of the contract period (receipt at trackle is decisive), a flat-rate damage caused by delay in the amount of EUR 9.99 per month commenced will be due for payment.


9. Application of the trackle and evaluation of the measurements
9.1 The trackle sensor is worn like a tampon and measures the customer's core body temperature while she is sleeping. The trackle system calculates the fertility of the customer from the measured data, combined with entries made by the customer via the app, and displays the result in the app.


9.2 trackle does not collect more information than is absolutely necessary. The data is already signed and encrypted when it is collected.


9.3 Further information is provided in the company's data protection declaration.


10. Advice
10.1 In addition to products that can be shipped, trackle offers consulting services in the form of trackle talk ("consulting" or "trackle talk") via the online shop.


10.2 During the consultation, the customer receives an overview of hormonal relationships and the physiological basis of the menstrual cycle. The customer also gets an introduction to cycle evaluation using the symptothermal method. A consultation includes specific advice and an overview of what can promote the desire to have children or avoid pregnancy. The trackle cycle advice is not medical advice.


10.3 The consultation includes two discussions within 3 months. The consultation fee is EUR 50.00.


10.4 If the customer has submitted a booking request for a consultation using the ordering process shown in Section 3, she then immediately requests an appointment; the appointment will be confirmed by email. If the customer is unable to keep the appointment suggestions she made during the booking process, the consultant will suggest an alternative appointment. If none of the desired dates come about, the customer has no right to a refund of her payment.


10.5 Consultation units can be postponed or canceled by the customer up to 24 hours before the agreed date by sending an email to info@trackle.de, with timely sending of the email being sufficient. They are then deemed not to have been used. Otherwise cancellations or requests for changes to dates cannot be considered. In this case, a counseling session is considered to have been used and the customer has no right to a refund of her payment.

11. Payment Arrangements
11.1 The customer can pay the purchase price, the monthly rates and the consulting fee by credit card, invoice via KLARNA, via Paypal, with SEPA direct debit mandate or by bank transfer in advance.


11.2 In the case of a subscription, payment is made by credit card or SEPA direct debit mandate.


11.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay default interest of 5 percentage points above the base interest rate for the year.


11.4 The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by trackle.

12. Cancellation policy
12.1 When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which trackle will provide information below in accordance with the statutory template. The exceptions to the right of withdrawal are regulated in Section 12.2. A model cancellation form can be found in Section 12.3.

Right of withdrawal

right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us (trackle GmbH, Bertha-von-Suttner-Platz 1-7, 53111 Bonn, email: info@trackle.de) a clear statement (e.g. a letter sent by post or email ) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you withdraw from this contract, we will have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.


12.2 The right of cancellation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery. In particular, this can include products that come into direct contact with parts of the body that are predestined to transmit pathogens (e.g. mucous membranes, body orifices). For clarification: The conclusion of the contract with trackle - with regard to the main product - cannot be revoked if the seal on the packaging has been broken.


12.3 trackle provides the following information about the model cancellation form in accordance with the statutory provisions:

Sample withdrawal form
(If you want to revoke the contract, please fill out this form
out and send it back.)
— To trackle GmbH, Bertha-von-Suttner-Platz 1-7, 53111 Bonn, email: info@trackle.de:

— I/we (*) hereby revoke the contract concluded by me/us (*)
regarding the purchase of the following goods (*)/ the provision of the following
Service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
- Date
(*) Delete where not applicable

13. Retention of Title
13.1 Purchased goods remain the property of trackle until full payment has been made.


13.2 Subject to other agreements between trackle and the customer, the main products made available by way of subscription remain the permanent property of trackle.

14. Customer Liability and Obligations
14.1 Purchase
The customer's obligations are based on the statutory provisions.


14.2 Subscription
The customer must store, handle and use the main product carefully, carefully and for the intended purpose in accordance with the respective instructions for use.


14.2.1 If damage or a defect occurs in the main product, the customer must notify trackle of this immediately.
14.2.2 If any damage or defects are caused by culpable actions of the customer or a person attributable to her, a refund of the fee and the monthly rates is excluded. In these cases, trackle reserves the right to assert further claims for damages.
14.2.3 A reduction in the monthly rates or a refund of the fee and the monthly rates is excluded for the period of failure of the main product in the event of necessary replacement or repair due to damage, loss, disappearance or theft of the main product for which the customer is responsible.
14.2.4 The customer is not entitled to pass on the main product to third parties, to assign rights under the contract or to grant rights of any kind to the main product.


14.3 The customer can reach customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. by telephone on +49 228 90 27 87 77 or at any time by e-mail at info@trackle.de.


15. trackle's liability and obligations
15.1 Purchase

15.1.1 trackle is liable for material defects in the case of purchase in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
15.1.2 trackle does not provide any guarantees, any product information is not binding.


15.2 Subscription

15.2.1 As part of the subscription, trackle must provide the customer with the main product in a condition suitable for contractual use and maintain it in this condition for the duration of the contract.
15.2.2 If trackle is responsible for any defects, trackle is obliged and entitled to remove essential contractual defects or have them removed or to replace the main product at any time and to bear the costs incurred in this regard.
15.2.3 If the customer does not have the main product available during the contract term due to a defect for which trackle is responsible, or not in a condition suitable for contractual use, the customer can request a refund for the downtime in the amount of the pro rata monthly rates incurred for the downtime request from trackle. The customer is not entitled to reduce or retain the monthly rates beforehand. Further compensation is excluded.
15.2.4 The customer's no-fault claims for damages due to a defect in the main product in accordance with Section 536 a, Paragraph 1 of the German Civil Code are excluded.


15.3 Advice (trackleTalk)

15.3.1 During the consultation, the consultants will answer the inquiries of the customers with great care and conscientiousness.
15.3.2 The consultation does not replace examination appointments and consultations with a gynecologist in the traditional sense. The advice can under no circumstances replace a necessary medical diagnosis or treatment. Under no circumstances does this constitute medical advice.
15.3.3 The advisory services are always non-binding and compliance with advice is the sole responsibility of the customer. In this respect, every customer acts on their own responsibility and in recognition of their self-responsibility and in the knowledge that our services cannot be a substitute for detailed professional and personal advice, therapy or diagnosis. Therefore, specific successes on the part of the counselors cannot be guaranteed.
15.3.4 In particular, trackle assumes no liability for the success of the advice or for possible negative consequences.

 

15.4 Other Liability

15.4.1 Unless otherwise stated in these GTC or the instructions for use, including the following provisions, the Company shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations.
15.4.2 trackle is not liable for damage caused by third-party fault (e.g. incorrect use of the products) or interruptions in the availability of the platforms for which a party is not responsible (e.g. technical problems with the Internet or telecommunications lines that cannot be influenced by a party, UMTS transmission).
15.4.3 trackle is not liable for orders from customers that were placed using unlawfully obtained payment or other order data (e.g. "phishing" of credit card data, identity deception, etc.).
15.4.4 Insofar as trackle's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.


16. Final Provisions
16.1 The law of the Federal Republic of Germany applies to contracts between trackle and the customer, excluding the UN sales law. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

16.2 These GTC contain the complete agreements of the parties on the subject matter of the contract. Statements made by one of the parties previously in the course of contract negotiations are irrelevant if they have not been incorporated into the contract. This contract supersedes all previous agreements between the parties on the same subject.

16.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

Bonn, January 2021