Terms and Conditions (GTC
of trackle GmbH, Bertha-von-Suttner-Platz 1-7, 53111 Bonn, phone: +49 228 90 91 76 27, entered in the commercial register of the Bonn local court under HRB 21971, represented by Katrin Reuter, VAT identification number: DE 305 317 487 - hereinafter "Provider" -
the customer named in § 2 of the contract - hereinafter "customer" -
For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognized, unless the provider expressly agrees to their validity in writing.
The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.
2. Contractual partners, conclusion of contract
The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
The customer can select products from the supplier's range and collect them in a so-called shopping cart using the “add to shopping cart” button. Via the button “order with obligation to pay”, she submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the 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.
The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application, unless acceptance is declared in addition to the confirmation of receipt. The contract is only concluded when the provider issues a declaration of acceptance in the form of a separate email or when the goods ordered are delivered.
The final contract is in German.
3. Terms of delivery
The provider is entitled to make partial deliveries insofar as this is reasonable for the customer.
Delivery times specified by the provider are calculated from the time the contract is concluded, provided that the purchase price has been paid in advance (except for purchase on account). If no or no different delivery time is specified for the respective product in our online shop, it is usually 5 days.
If no copies of the selected product are available at the time of the customer's order, the supplier will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from making a declaration of acceptance. In this case, a contract will not be concluded.
If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the provider has the right to withdraw from the contract. The provider will immediately reimburse any consideration already received.
The following delivery restrictions apply: The provider 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:
Afghanistan, Egypt, Albania, Algeria, Andorra, Angola, Antigua / Barbuda, Equatorial Guinea, Argentina, Armenia, Azerbaijan, Ethiopia, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia-Herzegovina. , Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Chile, China (PR), Costa Rica, Denmark, Dem. Rep. Congo, Dominica, Dominik. Rep., Djibouti, Ecuador, El Salvador, Ivory Coast, Eritrea, Estonia, Fiji, Finland, France, Gabon, Gambia, Georgia, Ghana, Grenada, Greece, Great Britain, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iraq, Iran, Ireland, Iceland, Israel, Italy, Jamaica, Japan, Yemen, Jordan, Cambodia, Cameroon, Canada, Cape Verde, Kazakhstan, Qatar, Kenya, Kyrgyzstan, Kiribati, Colombia, Comoros, Congo, Croatia , Cuba, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Morocco, Marshall Island, Mauritania, Mauritius, Macedonia, Mexico, Micronesia , Moldova, Rep., Monaco, Mongolia, Montenegro, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Zealand, Nicaragua, Netherlands, Niger, Nigeria, North Korea, Norway, Oman, East Timor, Austria, Pakistan, Palau, Panama, Papua -New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Rwanda, Romania, Russian Federation ., S.Tome / Principe, Solomon Islands, Zambia, Samoa, San Marino, Saudi Arabia, Sweden, Switzerland, Senegal, Serbia, Seyschelles, Sierra Leone, Zimbabwe, Singapore, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, St . Lucia, St. Vincent, St.Chr./Nevis, South Africa, Sudan, South Korea, South Sudan, Suriname, Swaziland, Syria, Tajikistan, Taiwan (China), Tanzania, Thailand, Togo, Tonga, Trinidad / Tobago, Chad, Czech . Rep., Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, Hungary, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, United Arab Emirates, Vietnam, Belarus, Central Af. Rep. And Cyprus.
We would like to point out that in particular no deliveries can be made to customers usually residing in the USA. Customers are still prohibited from reselling products commercially to customers who usually reside in the USA.
4. Prices and shipping costs
All prices in the online shop of the provider are gross prices including the applicable statutory sales tax.
Delivery within Germany is free of charge. 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).
The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.
In the event of a cancellation, the customer has to bear the direct costs of the return.
5. Retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
6. Modes of Payment
The customer can pay in advance, cash on delivery, credit card or PayPal.
The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, it has to pay the provider default interest of 5 percentage points above the base rate for the year.
The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default by the provider.
7. Warranty and Guarantee
The provider is liable for material defects in delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for female entrepreneurs is 12 months.
An additional guarantee only exists for the goods delivered by the provider if this has been expressly given by the provider. Information on any applicable guarantees and their precise conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions, complaints and complaints on workdays from 9:00 a.m. to 6:00 p.m. by email at firstname.lastname@example.org.
Claims by the customer for damages are excluded. This does not include claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical for the contract if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
The restrictions of this section also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
The limitations of liability resulting from this section do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
9. Cancellation policy
When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider informs about in accordance with the statutory model below. The exceptions to the right of withdrawal are regulated in paragraph 2 of this section. A model withdrawal form can be found in paragraph 3 of this section.
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, trackle GmbH, Bertha-von-Suttner-platz 1-7, 53111 Bonn, email: email@example.com, telephone: +49 228 90 91 76 27, by means of a clear Declaration (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
- End of revocation -
Exclusion of the right of withdrawal
According to Section 312g (2) No. 3 BGB, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Without prejudice to its statutory rights, the provider grants the customer a voluntary 90-day right of return for the following two products: trackle sensor system and trackleCatch. All other goods are excluded from this voluntary right of return.
The provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: trackle GmbH, Bertha-von-Suttner-platz 1-7, 53111 Bonn, email: firstname.lastname@example.org, phone: +49 228 90 91 76 27,
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods
- Ordered on (*) / received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only if this is communicated on paper)
(*) Delete where inapplicable
10. Dispute Resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
The law of the Federal Republic of Germany applies to contracts between the provider and the customers, excluding the UN sales law. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected.
If the customer is a business woman, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.