Right of withdrawal

1. Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason pursuant to Section 355 of the German Civil Code (BGB).

Commencement of the Withdrawal Period for the Purchase of Goods
The withdrawal period shall be fourteen (14) days from the day on which:

  • you, or a third party designated by you who is not the carrier, takes possession of the goods; or
  • in the case of partial deliveries, you or a third party designated by you takes possession of the last item or last partial shipment.

Commencement of the Withdrawal Period for Subscription Contracts and Digital Services
For contracts relating to digital content not supplied on a tangible medium (e.g., e-books), the withdrawal period shall be fourteen (14) days from the date on which the contract is concluded.

2. Exercising the Right of Withdrawal

To exercise your right of withdrawal, you must inform us:

trackle GmbH
Bertha-von-Suttner-Platz 1-7
53111 Bonn
Germany
Email: info@trackle.de

of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email).

You may use the attached model withdrawal form for this purpose, although this is not mandatory.

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

Withdrawal may also be submitted via our electronic withdrawal form, available on our website or our online shop. Please complete all required information (name, address, order number, and email address) and submit the form. You will subsequently receive confirmation of your withdrawal.

3. Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen (14) days from the day on which we receive notice of your withdrawal.

We will carry out such reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise.

For purchases of goods, we may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

Special Provisions

a) Sensor (One-Time Purchase)
In the event of a valid withdrawal from a purchase contract relating to a sensor, we will reimburse all payments made for the sensor in accordance with the provisions set out above.
No reimbursement shall be made where the right of withdrawal is excluded or has expired under applicable statutory provisions, particularly in the case of sealed goods that are not suitable for return for reasons of health protection or hygiene, where the seal has been removed after delivery.

b) Sensor Subscription
In the event of a valid withdrawal from a subscription agreement, we will reimburse all payments made up to the date of withdrawal, unless otherwise provided by law.
If you expressly requested that the service should commence during the withdrawal period, we may require you to pay a reasonable amount corresponding to the services already provided up to the date of withdrawal, provided that the statutory requirements for such compensation are met.
Upon the effectiveness of the withdrawal, any obligation to pay future subscription fees shall cease.

c) Digital Content (e.g., E-Books)
For digital content not supplied on a tangible medium, the right of withdrawal expires once performance of the contract has begun, provided that:

  • you have expressly consented to performance commencing before the end of the withdrawal period; and
  • you have acknowledged that you thereby lose your right of withdrawal.

If the right of withdrawal has not yet expired, any payments already made shall be reimbursed in accordance with the provisions set out above.

d) Bundled Products (e.g., Sensor and E-Book)
For contracts involving bundled products, the applicable statutory provisions shall apply separately to each component of the contract.
Where the right of withdrawal is excluded or has expired with respect to individual components, reimbursement shall only be made for those components that remain eligible for withdrawal and return.
Where separate prices are specified for the individual components, reimbursement shall be calculated on the basis of that price allocation.

e) Bundled Products (e.g., Sensor and Another Physical Product)
Where multiple physical products are purchased together and validly withdrawn from, reimbursement shall be made for the returned and withdrawal-eligible goods in accordance with the provisions set out above.
For sensors, the statutory provisions applicable to sealed hygiene products and medical devices shall additionally apply.

4. Return of Goods

You must return or hand over the goods to us without undue delay and, in any event, no later than fourteen (14) days from the day on which you notify us of your withdrawal from this contract.

The deadline is met if you send back the goods before the fourteen-day period has expired.

You shall bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if such loss in value results from handling the goods in a manner that was not necessary to establish the nature, characteristics, and functioning of the goods.

5. Special Information for Medical Devices and Hygiene Products

Pursuant to Section 312g (2) No. 3 of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or if the product has been used for its intended purpose.

This applies in particular to the trackle sensor system where the packaging seal has been opened or removed and the product has been used as intended as a vaginal medical device.

Once the seal has been opened, safe resale of the product is no longer possible for reasons of health protection and hygiene.

In addition, the technical activation of the sensor and its assignment to a user account as part of its intended use prevents transfer and reuse by third parties (including, but not limited to, situations where the sensor has been paired with the app).

6. Digital Services and App Usage

To the extent that digital content (e.g., e-books) or digital services (e.g., app usage, data analysis services, or cloud-based services) are provided under the contract, the statutory provisions governing withdrawal rights for digital products shall apply.

The right of withdrawal may expire prematurely if we have begun performance of the contract after:

  • you have expressly consented to the commencement of the digital service before the expiry of the withdrawal period;
  • you have acknowledged that by giving such consent you lose your right of withdrawal once performance begins; and
  • we have provided you with confirmation of this on a durable medium.

In all other respects, the applicable statutory provisions shall apply, in particular Section 356 of the German Civil Code (BGB).

7. Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form. Alternatively, you may use our electronic withdrawal form available on our website.)

To:
trackle GmbH
Bertha-von-Suttner-Platz 1-7
53111 Bonn
Germany
Email: info@trackle.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following goods / the provision of the following service:

Ordered on: ______________________
Received on: ______________________

Name of consumer(s): _______________________________
Address of consumer(s): _____________________________

Signature of consumer(s) (only if this form is submitted on paper):

 

Date: ____________________________

(*) Delete as appropriate.

Nach oben scrollen