Terms of service

1. Preliminary remarks, definitions

1.1 trackle GmbH ("trackle" or "we") is active in the field of Natural Family Planning ("NFP") and contraception and has developed in particular the medical product trackle for measuring basal body temperature ("Main Product") together with the associated software system and app. This and other goods and services related to the Main Product (together "Products" or "Goods") are offered by trackle to both end customers (consumers within the meaning of Section 13 BGB, "Customer") and retailers (entrepreneurs within the meaning of Section 14 BGB, "Retailer"). The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

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

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

2. Scope of application

2.1 The business relationship between trackle and the customer shall be governed exclusively by the following GTC in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless trackle expressly agrees to their validity in writing.

2.2 The terms of sale of the products to entrepreneurs are subject to individual contracts with them and are not the subject of these GTC.

2.3 Individual agreements made in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, the content of such agreements shall be governed by a written contract or written confirmation by trackle.

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

2.5 References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.

3. Conclusion of contract; order processing

3.1 The customer can select products from the product range/online store and collect them in a so-called shopping cart using the "Add to cart" button. The customer can then check her order and proceed with the order by clicking on "Checkout". In the next step, the customer's contact information and the delivery address must be entered regularly and binding agreement to these GTC must be given. Alternatively, the customer can "Log in" to her customer account or make an "Express Checkout" via the PayPal payment service; we will then use the contact information provided by PayPal to send the product to the customer. After entering the necessary contact information, the customer can click on the "Continue to payment" button to enter her payment details. Once these have been received, the customer has the option to check her order for the last time before the offer to conclude a legally binding contract is submitted via the "Buy" button. However, this application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in her application.

3.2 trackle shall then send the customer an order confirmation by e-mail. This or the delivery of the goods shall constitute the conclusion of the contract.

4. trackle range of services

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

	Purchase	Subscription
Purchase price / fee (incl. VAT)	EUR 239,90
Monthly rate (incl. VAT)		EUR 11,90
Term of contract		24 months

 

4.2 If the customer chooses the full purchase, she shall pay the purchase price of EUR 239.90 once when placing the order using one of the payment methods provided in the online store (Section 11).


5. Subscription, termination

5.1 If the customer chooses the subscription, she shall pay monthly usage fees ("monthly rate") for the duration of the fixed contract term of 24 months. The monthly rate is EUR 11.90. The first monthly rate is payable upon receipt of the order. At the end of the fixed contract term, the subscription shall continue at the agreed conditions.

5.2 The parties have the right to terminate the contract at the end of the fixed contract term in accordance with clause 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 loss of the customer's cycle shall not constitute extraordinary grounds for termination.

5.4 When you take out a subscription, you also have the option of purchasing a right of withdrawal from the subscription after 6 months from taking out the subscription ("starter kit"). The starter kit costs a one-off fee of 29.90 euros. If the right to cancel is to be exercised, the customer must cancel by e-mail at least 2 weeks before the end of the first 6 months. If she does not cancel, her contract will automatically be transferred to the regular subscription with a fixed contract term of 24 months. The first 6 months are counted towards the subscription period. The first 6 monthly installments will be retained in any case.

5.5 Cancellation can be made using the cancellation button in the footer of the trackle page and the attached form. Any other form of 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 that 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 store, it is usually five days.

6.2 If no copies of the product selected by the Customer are available at the time of the Customer's order, trackle shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, trackle shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded.

6.3 If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this in the order confirmation. A contract shall then only be concluded upon dispatch of the goods and confirmation 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 can provide a delivery address in the same country:

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

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


7. Prices and shipping costs

7.1 All prices quoted include the applicable statutory value added tax.

7.2 The costs for standard shipping within the Federal Republic of Germany shall be borne by trackle. The shipping costs and conditions for deliveries to other countries can be found under "Shipping and delivery conditions trackle Online Shop"

7.3 The goods shall be dispatched by ordinary mail.

7.4 In the event of withdrawal, the customer shall bear the direct costs of the return shipment.


8. Return of the products, damage caused by delay

8.1 In the event of termination of the contractual relationship, the main product, including any accessories, must be returned to trackle without delay - generally at the customer's expense.

8.2 If the return shipment is not made within 14 days after expiry of the contractual term (receipt by trackle is decisive), a lump-sum compensation for default amounting to EUR 11.90 per month commenced shall be due for payment.


9. Use of trackle and evaluation of measurements

9.1 The trackle sensor is worn like a tampon and measures the customer's core body temperature while she sleeps. The trackle system calculates the customer's fertility from the measured data, combined with the customer's input 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 transmitted in encrypted form when it is collected.

9.3 Further information can be found in the company's privacy policy.

10. Payment modalities

10.1 The customer can pay the purchase price or other products by credit card, via Paypal, via Amazon Pay, Apple Pay, Google Pay, Shop Pay, via Sofortüberweisung or by bank transfer in advance.

10.2 In the case of subscriptions, payment is made by credit card, Paypal or SEPA direct debit mandate.

10.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay interest on arrears for the year at a rate of 5 percentage points above the prime rate.

10.4 The Customer's obligation to pay default interest shall not preclude trackle from claiming further damages caused by default.


11. Cancellation policy

11.1 In principle, consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which trackle provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in Section 12.2. A sample withdrawal form can be found in section 11.3.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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.
To exercise the right to cancel, you must inform us (trackle GmbH, Bertha-von-Suttner-Platz 1-7, 53111 Bonn, Email: info@trackle.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

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

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be 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.

11.2 The right of withdrawal 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 has been removed after delivery. This may include, in particular, 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 or the sensor and app have been paired.

11.3 trackle provides the following information on the model withdrawal form in accordance with the statutory provisions:

Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.
and send it back to us).
- 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 (*)
for the purchase of the following goods (*)/ the provision of the following service (*)
service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date

(*) Delete as applicable

12. Retention of title

12.1 Purchased goods shall remain the property of trackle until full payment has been made.

12.2 Unless otherwise agreed between trackle and the customer, the main products provided by way of subscription shall remain the permanent property of trackle.


13. Liability and obligations of the customer

13.1 Purchase
The customer's obligations are governed by the statutory provisions.

13.2 Subscription
The customer must store, handle and use the main product with care and for the intended purpose in accordance with the relevant instructions for use.

13.2.1 If any damage or defect occurs to the Main Product, the Customer must notify trackle immediately.
13.2.2 If any damage or defects are caused by culpable action on the part of the customer or a person attributable to the customer, reimbursement of the fee and the monthly rates shall be excluded. trackle reserves the right to claim further compensation in such cases.
13.2.3 A reduction of 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, loss or theft of the main product for which the customer is responsible.
13.2.4 The customer is not entitled to pass on the main product to third parties, assign rights under the contract or grant rights of any kind to the main product.

13.3 The Customer can contact Customer Service for questions, complaints and objections on weekdays from 9:00 a.m. to 5:00 p.m. by telephone on +49 228 5341 4011 or at any time by e-mail at info@trackle.de.


14. Liability and obligations of trackle 

14.1 Purchase

14.1.1 trackle shall be liable for material defects in the event of purchase in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB.
14.1.2 trackle does not provide any guarantees; any product information is not binding.

14.2 Subscription

14.2.1 As part of the subscription, trackle shall provide the customer with the main product in a condition suitable for contractual use and maintain it in this condition during the term of the contract.
14.2.2 If trackle is responsible for any defects, trackle shall be obliged and entitled to remedy any defects that are material to the contract at any time, to have them remedied or to replace the main product and to bear the costs incurred in doing so.
14.2.3 If the main product is not available to the customer during the term of the contract due to a defect for which trackle is responsible or is not available in a condition suitable for use in accordance with the contract, the customer may request reimbursement from trackle for the downtime period in the amount of the monthly rates applicable pro rata to the downtime period. The customer is not entitled to a prior reduction or retention of the monthly rates. Any further compensation is excluded.

14.2.4 The customer's no-fault claim for damages due to a defect in the main product pursuant to Section 536 a (1) BGB is excluded.

14.3 Other liability

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

15. Final provisions

15.1 Contracts between trackle and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has its habitual residence, shall remain unaffected.

15.2 These GTC contain the complete agreements of the parties on the subject matter of the contract. Any statements previously made by one of the parties in the course of contract negotiations are invalid unless they have been incorporated into the contract. This contract replaces all previous agreements made between the parties on the same subject matter.

15.3 The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.

Bonn, February 2024