Terms of service
General Terms and Conditions (T&C)
1. Scope of Application and Provider
1.1 These General Terms and Conditions (GTC) apply to all orders placed by consumers and business customers (hereinafter "Customer" or "Buyer") via the online shop operated under the brand "Trackcard" (hereinafter "Provider").
1.2 The Provider is a sole proprietorship whose business address is:
Trackcard / Beyondbright
Eifflerstr. 43 c/o Betahaus
22769 Hamburg
E-Mail: info@trackcard.de
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity (B2C). Entrepreneurs (Unternehmer) within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their trade, business or self-employed professional activity (B2B).
1.4 Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. Conclusion of Contract
2.1 The products presented in the online shop do not constitute a binding offer by the Provider, but serve as an invitation for the Customer to submit a binding offer.
2.2 The ordering process consists of the following steps:
• Selecting the desired products and placing them in the virtual shopping cart
• Proceeding to the checkout page
• Entering billing and shipping details
• Selecting the desired payment method
• Reviewing a summary of the order details
• Submitting the binding order by clicking the button "Order with obligation to pay" (or similar)
2.3 By submitting the order, the Customer makes a binding offer to conclude a purchase contract.
2.4 The contract is concluded upon the order confirmation issued by the Provider. The order confirmation is sent by e-mail. At the latest, however, the delivery of the goods shall be deemed acceptance of the offer.
3. Prices and Payment Terms
3.1 All prices stated in the online shop are final prices and include the statutory value-added tax (VAT).
3.2 Any applicable shipping costs are shown separately during the ordering process and shall be borne by the Customer, unless free shipping is offered.
3.3 All common Shopify payment methods (e.g. credit card, PayPal, Sofortüberweisung, etc.) are available to the Customer.
3.4 The purchase price is due immediately upon conclusion of the contract.
4. Shipping and Delivery Terms
4.1 Delivery is generally made to the delivery address specified by the Customer. The Provider primarily ships via DHL or Deutsche Post.
4.2 The delivery time is determined by the information provided in the respective offer or in the shipping policy.
4.3 If the Provider makes partial deliveries (e.g. because a product is temporarily unavailable), these shall only be made if this is reasonable for the Customer. Additional shipping costs shall only be incurred if expressly agreed.
4.4 Details regarding shipping times, shipping costs and any exceptions are set out in the Provider's Shipping Policy.
5. Retention of Title
5.1 The goods remain the property of the Provider until the purchase price has been paid in full.
5.2 In the case of contracts with business customers (B2B), the Provider retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.
6. Right of Withdrawal
6.1 Consumers (B2C) have the right to withdraw from the contract within 60 days without giving any reason.
6.2 The withdrawal period is 60 days from the day on which the Customer, or a third party designated by the Customer who is not the carrier, took possession of the goods.
6.3 Costs of the Return Shipment:
The Customer bears the direct costs of returning the goods. Should a shipment be damaged or lost, please inform us at an early stage. We will be happy to assist you and clarify the procedure for a reversal of the transaction.
6.4 To exercise the right of withdrawal, the Customer must inform the Provider of their decision to withdraw from the contract by means of an unambiguous declaration (e.g. by e-mail). The Provider makes available a corresponding model withdrawal notice as well as a model withdrawal form.
6.5 In the event of an effective withdrawal, the services received by both parties shall be returned. The Provider may withhold reimbursement until it has received the goods back or until the Customer has provided proof of having returned the goods, whichever is the earlier.
7. Statutory Warranty and Guarantee
7.1 The statutory warranty rights apply. For new products, the statutory warranty period is two years from receipt of the goods.
7.2 In addition, the Provider grants a one-year premium manufacturer's warranty, provided that the devices are registered online after purchase. The exact terms of the warranty (in particular its scope and the processing procedure) are set out separately and apply in addition. See: Warranty
7.3 For business customers (B2B), the Provider may limit the warranty period to one year — to the extent legally permissible — unless otherwise agreed in writing.
8. Liability
8.1 Claims for damages by the Customer are excluded, unless otherwise provided below.
8.2 The Provider shall be liable for damages arising from injury to life, body or health resulting from a negligent or intentional breach of duty by the Provider, its legal representatives or vicarious agents.
8.3 The Provider shall also be liable for other damages resulting from an intentional or grossly negligent breach of duty as well as from fraudulent intent.
8.4 In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely, the Provider's liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract.
8.5 Any further liability of the Provider is excluded. This also applies to the personal liability of the Provider's legal representatives and vicarious agents.
9. Data Protection
9.1 The Provider processes the Customer's personal data (e.g. name, address, payment information) for specific purposes only and in accordance with the statutory provisions.
9.2 For the processing of payments, the necessary data is passed on to the payment service providers selected by the Customer during the ordering process (or to Shopify and the payment processors affiliated with Shopify).
9.3 For the shipment of the goods, the necessary data (name and delivery address) is passed on to the respective shipping carriers (e.g. DHL, Deutsche Post).
9.4 A detailed description of the data processing as well as the Customer's rights (access, rectification, erasure, etc.) can be found in the Privacy Policy at https://trackcard.de/policies/privacy-policy.
10. Online Dispute Resolution and Consumer Dispute Resolution
10.1 The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at http://ec.europa.eu/consumers/odr.
10.2 The Provider is legally obliged to refer to this platform, but will only participate in dispute resolution proceedings before a consumer arbitration board to the extent that there is a legal obligation to do so or this has been expressly agreed. The Provider is currently neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Disposal of Used Batteries and Electrical Equipment
11.1 Information on Battery Disposal:
Batteries must not be disposed of in household waste. You are legally obliged to return used batteries so that proper disposal can be ensured.
You can return used batteries to a municipal collection point or to local retailers. As a distributor of batteries, we are obliged to take back used batteries, whereby our take-back obligation is limited to used batteries of the type that we offer and sell, or have offered and sold, as new batteries. You may send used batteries of the aforementioned type to us by post with sufficient postage, or hand them in free of charge directly at our registered office.
• Batteries containing harmful substances are marked with the symbol of a crossed-out wheeled bin. Near the wheeled bin symbol you will find the chemical designation of the harmful substance: e.g. "Cd" (cadmium), "Pb" (lead) or "Hg" (mercury).
11.2 Electrical and Electronic Equipment (WEEE Reg. No. DE24862562)
In accordance with the provisions of the German Electrical and Electronic Equipment Act (ElektroG), we are obliged to take back electrical equipment supplied by us and to ensure its reuse or disposal, and to inform you of the following.
Electrical equipment is marked with this symbol of the crossed-out wheeled bin. It means that batteries and waste equipment must not be disposed of via household waste or unsorted municipal waste.
Waste electrical equipment contains harmful substances as well as resources. The harmful substances can have negative effects on health and the environment.
As a consumer, you are legally obliged to have waste electrical equipment disposed of at an authorized take-back point, for example at a collection point of your local municipality or district.
In addition, you can also hand in old electrical equipment at a collection point near you. This ensures that waste equipment is properly recycled and negative effects on the environment are avoided.
At suitable collection points, waste electrical equipment is accepted free of charge and directed to environmentally sound recycling.
12. Final Provisions
12.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers (B2C), this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12.2 Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. The relevant statutory provisions shall apply in place of the invalid provision.
12.3 Amendments and additions to these GTC must be made in writing to be effective. This also applies to the waiver of this written form requirement.