Partner Terms · Trackplanner

This is a translation. The German version is legally binding. The German original is available at trackplanner.io/partner-agb.

Version 1.0 of 3 November 2026 · effective from 3 November 2026; for existing Partner Agreements 15 days after our notification (§ 11)

This version and all earlier versions are available at trackplanner.io/partner-agb and trackplanner.io/partner-agb/<date>. You can read, save and print every version there, including before you become a partner.

The Partner Terms consist of four parts. Part I applies to all partners. Part II applies to retailers, Part III to manufacturers and Part IV to service providers. If a partner has several roles, the parts for all of its roles apply.

Part I — For all partners

§ 1 Scope, provider, roles, definitions

(1) These Partner Terms apply to all contracts by which a business becomes a partner of Trackplanner (“Partner Agreement”). Trackplanner is a web application for planning model railway track plans (app.trackplanner.io) with the website trackplanner.io.

(2) The provider and contracting party is: Georg Wächter, Prinzessinnenstraße 29, 12307 Berlin, Germany, phone: +49 179 5644922, email: info@trackplanner.io (hereinafter “Trackplanner” or “we”). For all questions about the partnership and for complaints, you can reach us at info@trackplanner.io.

(3) Only a business within the meaning of Section 14 of the German Civil Code (BGB) can become a partner (“Partner” or “you”). These Partner Terms do not apply to consumers. There are three roles:

Retailer: sells goods for model railways to end customers (Part II).
Manufacturer: makes track, accessories or rolling stock for model railways (Part III).
Service provider: makes roadbed, helixes or ribs, produces models by 3D printing or offers layout planning as a service (Part IV).

A business can have several roles, for example a manufacturer with its own shop. We then conclude one Partner Agreement, and the parts for all of its roles apply.

(4) Definitions:

User: anyone who uses Trackplanner to create plans and buy parts.
Retailer choice: the list of retailers that a User can choose as their retailer under “My shop”.
My shop: the retailer that a User has chosen themselves under “My shop” (per purchase region).
Order view: the part of the build plan in which we suggest to the User from which retailer or retailers they can buy the parts of their list (at most two shopping carts).
Part info: the info on a single selected part with the offers of several retailers.
Check: the card “What you need for this” with the first offer for each part and a total.
Referral: the indication that a User came to us through a Partner (via its link, QR code or partner page).
Feed: the product data that the Partner supplies.
Purchase region: the region for which the app shows retailers and prices (currently DACH, EU, United Kingdom, USA, Canada, Japan).
Model: an accessory (for example a building, bridge, scenery) or a vehicle (locomotive, wagon) in the Trackplanner catalogue.
Price sheet: the annex to the Partner Agreement with the amounts and rates of remuneration (§ 3 (7)).

(5) General terms and conditions of the Partner do not become part of the contract, even if we do not expressly object to them.

§ 2 Conclusion of contract, Partner Agreement, equal terms for all

(1) The Partner Agreement is concluded in text form (for example by email) when the Partner accepts our offer together with these Partner Terms. Our website, letters and overviews are not yet an offer to contract. Anyone who sends us an enquiry or, as a service provider, only registers interest does not thereby conclude a contract.

(2) The Partner Agreement only sets out the details of the individual case: company or shop, role or roles, the Partner’s identifier, the remuneration model under § 3 (commission through an affiliate programme, annual fee or consideration in kind), the price sheet in the version valid when the contract is concluded (§ 3 (7)), the name of the affiliate programme or network, the start of the contract, for retailers the type of flyer delivery, for manufacturers the models of the partnership, and on request a discount code, logo and sentence for the partner page. Everything else is governed by these Partner Terms.

(3) All Partners in a role receive the same terms, in particular the same price sheet and the same commitment under § 19, subject to the rules for founding partners (§ 5) and the application of a new price sheet (§ 3 (7)). We make no individual commitments regarding placement, number of Users, clicks, orders or turnover.

(4) There is no entitlement to conclude a Partner Agreement. The requirements for acceptance are:

retailers with a range for model railways who deliver to at least one purchase region and can supply their product data as a feed or file;
manufacturers with models or track in gauges that Trackplanner covers who can supply the data under § 23 (1);
service providers who offer one of the three services under § 1 (3) no. 3.

(5) Contact: Every Partner gives us a contact person and an email address to which we send notices under these Partner Terms, and informs us of changes.

§ 3 Remuneration

(1) Types of remuneration. Partners remunerate us in one of the following ways: through a commission via their affiliate programme (para. 2), through an annual fee (para. 4) or through a consideration in kind instead of the fee (para. 8). Which type applies is stated in the Partner Agreement. For the same role, a Partner never pays both commission and fee. Service providers owe no remuneration unless Part IV provides otherwise (§ 25 (2)).

(2) Retailers with an affiliate programme: The retailer remunerates orders that reach it through our links with a commission whose rate is stated in the price sheet, settled through its affiliate programme or network. The rate in the price sheet is a minimum rate: if the affiliate programme pays all participants more, that higher rate applies. For tracking, basis of assessment, cookie duration, cancellation and payout, the terms of the respective network apply. These retailers pay no annual fee.

(3) No direct payment: We do not agree to the commission being paid directly to Trackplanner, bypassing the affiliate programme. The exception is custom-made products under Part IV, once this offer exists.

(4) Annual fee: Retailers without an affiliate programme and manufacturers pay a fee per contract year in the amount stated in the price sheet, including any discount or fee-free period at the beginning if the price sheet provides for it. It is due at the beginning of the contract year upon invoice, payable within 14 days. The amounts in the price sheet are exclusive of statutory VAT where applicable; currently, in accordance with Section 19 of the German VAT Act (UStG, small business), no VAT is charged and therefore none is shown. In the imprint and on our pages, a retailer’s annual fee is also called the partner fee.

(5) Change of model: If a retailer sets up an affiliate programme during the term or its affiliate programme ends, the other model applies from the next contract year; until then the previous one continues.

(6) Several roles: If you have several roles, you only pay the higher of the annual fees; a commission through your affiliate programme remains unaffected.

(7) Price sheet: The amounts and rates of remuneration are not set out in these Partner Terms but in the price sheet. There is one price sheet per role; all Partners in the same role receive the same price sheet, and it is not negotiated individually. We send it with the offer; it forms part of the Partner Agreement (§ 2 (2)). We send the Partner the current price sheet and earlier versions in text form at any time on request. We only issue a new price sheet if our costs or services change. It applies to new Partner Agreements from its date, to existing ones only from the next contract year and only if we notify the Partner of it in text form at least six weeks before the beginning of that contract year. If it is less favourable for the Partner, the Partner may terminate until it takes effect; at the Partner’s request, the termination takes effect as early as 15 days after receipt of our notification. For founding partners, § 5 (2) applies in addition.

(8) Consideration in kind instead of a fee: The price sheet may provide that a consideration in kind is provided instead of the annual fee, for example enclosing our flyers in starter sets. It sets fixed conditions for this (type and quantity of the consideration, proof); they apply equally to every Partner in the role, and every Partner in the role can choose them on the same conditions. With regard to rankings, § 4 (3) applies as for the fee.

§ 4 Influence of remuneration on rankings, no paid placement

(1) Annual fee: The annual fee has no influence on the order of retailers for Users who have not chosen the Partner themselves, and no influence on the order of models in the catalogue, in search, in recommendations or in the build plan. What a referral to the Partner brings about is governed by paras. 6 and 7.

(2) Commission: A commission only counts in the part info and in the Check, and there only where the price including shipping is the same (§ 17 (3) no. 5): if the offer is almost as cheap as the cheapest one, the rating decides first; otherwise the commission counts before the rating. In the order view it does not count. It only counts if its rate is documented by a contract with the affiliate programme or network. Because all retailers with an affiliate programme pay at least the same rate under the price sheet, the commission does not give any of them priority, as long as no affiliate programme pays all participants more. The same rule applies to commissions of other retailers from affiliate programmes in which we participate.

(3) Flyers, feed, fee and consideration in kind do not buy a position. They are the consideration for the services under Parts II to IV, which businesses without a Partner Agreement do not receive, unless § 20 (2) provides otherwise. For Users who have not chosen a retailer Partner themselves, the rules under § 17 apply to it as to any other retailer.

(4) No paid placement, no exclusivity. We do not sell placement and do not promise any Partner a particular placement, except for the commitment under § 19 for Users who have chosen the Partner themselves, neither retailers in retailer lists nor manufacturers in the catalogue, in search, in recommendations, in the build plan or in the retailer choice. We do not grant exclusivity, neither per country nor per region; every business can apply for a partnership on the same terms (§ 2 (4)).

(5) What we do not promise: no placement or ranking except under § 19; no number of Users, selections, clicks, placements or orders; no turnover.

(6) Indirect influence through the question to Users: Retailer Partners receive the question under § 18 (3) and the display of their discount code under § 21 (1) for Users with their referral. Both are consideration for the partnership. If a User answers the question with yes, § 18 (1) applies to them: the Partner then comes first for this User. The order for a User only changes through their own answer. Retailers we work with without a Partner Agreement under § 20 (2) also receive the question, as consideration for that cooperation; sentences 3 and 4 apply to them accordingly.

(7) Effect of a referral on track system and starter sets: If a User comes via a manufacturer Partner, we suggest its track system and show its starter sets first. If a retailer Partner mainly carries a particular track system, we suggest that one to the User. Both only apply as long as the User has not chosen a track system of their own; it is only set once they confirm it.

§ 5 Founding partners

(1) Fixed places. For each role there is a fixed number of places as founding partner: 5 for manufacturers, 5 for retailers and 3 for service providers. The places go to new Partners who wish to take one, in the order of the Partner Agreements. How many places are free is shown on our pages for businesses.

(2) What founding partners receive: the label “Founding partner” on their page and in the retailer overview; their prices stay fixed for 24 months from the start of the contract (a less favourable price sheet applies to them from the third contract year at the earliest); priority in preparing their models; we take their feedback into account for the report and features.

(3) What founding partners give: two to three short feedback conversations in the first contract year and permission to publish a case study with their name after three months. The case study only states figures from their business with their approval.

(4) The label does not change any order. The same terms apply to all founding partners in a role. A Partner with several roles takes one place and is labelled in all roles.

§ 6 Data

(1) Data the Partner supplies: for retailers, the feed (item, price and availability data), shipping rates, delivery countries, place of business and currency; for manufacturers, the data on their models under § 23 (1); on request, logo, introductory text or sentence for the partner page and discount code; also data on its contact persons. We use them in the app, on the website and in Users’ printouts, as far as these Partner Terms provide. We do not pass them on to third parties, except through this public display and to service providers who operate services for us (hosting, database, email delivery); our privacy policy names them.

(2) Data the Partner receives:

a report with monthly figures, sent monthly by email (CSV and print view); its content is set out in § 15 (5) for retailers and § 23 (3) for manufacturers;
for retailers, a gap list: items that Users plan with and that its feed does not carry;
via the identifier utm_source=trackplanner, the visits and sales in its own shop statistics;
for retailers with an affiliate programme, the data its network provides under the network’s terms.

All data under nos. 1 and 2 are aggregated. A row only appears if it is based on at least five plans from at least three accounts; we always state the total number of referrals in a month (§ 15 (6)). The Partner does not receive information on individual Users or accounts.

(3) Data the Partner does not receive: account and plan data of Users, clicks per User, a list of Users who have chosen it, came through it or use its models, clicks per individual retailer and data of other Partners. A Partner only receives plans if the User initiates this in the individual case and consents to it; no such function exists today.

(4) Data we hold and keep: We process Users’ data (accounts, plans, clicks, referrals) in accordance with our privacy policy. We keep aggregated counts across all Partners (for example order steps, planned items and models) and use them to develop our service. The Partner does not receive access to these counts beyond para. 2.

(5) After the end of the Partner Agreement: We no longer accept data; reports and gap list end. We delete supplied feed data within 30 days after the end. Reports the Partner has already received remain with it; on request it receives a final report up to the end of the contract. What happens to the partner page, logo and models is governed by § 9 (5) and § 24.

(6) Personal data: We process data of contact persons in order to prepare and perform the Partner Agreement (Art. 6 (1) (b) and (f) GDPR). Otherwise the parties do not exchange personal data of Users; there is no processing on behalf of a controller (Art. 28 GDPR).

§ 7 Rights to content

(1) The rights to feed, model data, images, drawings, logo, introductory text, sentence for the partner page and trade marks remain with the Partner. For the term of the Partner Agreement, it grants us a non-exclusive, royalty-free right, unlimited in territory, to store, reproduce and make this content publicly available in the app and on the website and to adapt it for display (for example converting shipping, assigning items in the libraries, preparing plan views and 3D shapes), as far as necessary for the services under these Partner Terms. For the logo, § 21 (5) applies in addition, including to a manufacturer’s logo on its manufacturer page.

(2) The track and scenery libraries, the plan views and 3D shapes we create, the assignment of items to retailers, our software, texts and the flyer remain our content, insofar as they do not contain the Partner’s rights in its images, drawings or trade marks. The Partner may use the flyer and QR code for the purposes of this Partner Agreement.

(3) The Partner indemnifies us against third-party claims arising from content it supplied infringing third-party rights or laws, to the extent it is responsible for this, and reimburses the reasonable costs of legal defence.

(4) After the end: We may continue to display the Partner’s models and content that are in Users’ plans, build plans or saved lists at the end of the contract there, including in shared and published plans. To that extent the right under para. 1 continues without time limit. Otherwise it ends with the Partner Agreement; for manufacturers, § 24 applies.

§ 8 Other sales channels, no tie-in of the Partner

(1) We show the Partner’s offers and models in the app, on our pages for retailers and manufacturers, on its partner page and on the flyer. In addition, we may mention Partners in newsletters, on social networks and in the blog; the Partner has no claim to this. We do not operate affiliate programmes through which third parties market the Partner’s offers.

(2) The Partner remains free to offer its goods and services through other channels, other planning programmes or comparison services and at other prices or on other terms. We do not require exclusivity or price parity.

§ 9 Term and termination

(1) The Partner Agreement runs for twelve months from the start of the contract (first contract year). It is then extended by twelve months at a time unless either party terminates it with one month’s notice to the end of the contract year. Trackplanner terminates with at least 30 days’ notice and with reasons (§ 10 (3)).

(2) In the first contract year, the Partner may terminate at any time with one month’s notice. If the Partner terminates during a period that the price sheet makes fee-free, no fee is due.

(3) In the event of a change to these Partner Terms, the Partner may terminate under § 11 (3); in the event of a less favourable price sheet, under § 3 (7).

(4) The right of either party to terminate for good cause remains unaffected. Notices of termination must be in text form.

(5) After the end, the services of the partnership cease: mention as Partner, partner page, logo, “Founding partner” label and reports; for retailers also the question under § 18 (3) and the display of the discount code. Printed flyers do no harm: the QR code still leads to trackplanner.io, but the referral no longer has any effect. For Users’ choice under “My shop”, § 19 (3) applies; for manufacturers, § 24.

(6) Refund: If the Partner Agreement ends before the end of a contract year for which the Partner has already paid the annual fee, we refund the part of the fee attributable to the time after the end. This does not apply if we terminate because of a culpable breach of duty by the Partner or if the Partner terminates with notice in the first contract year (para. 2).

§ 10 Restriction, suspension and termination by Trackplanner

(1) Grounds. We may restrict or suspend the display of individual offers or models of the Partner, the display of its shop, the question under § 18 (3), the display of the discount code, the partner page, the logo or the exemption under § 22, or end the Partner Agreement, if

the feed repeatedly or substantially contains wrong prices, availability or item numbers or has not been updated for more than seven days;
the Partner’s offers, price information, discount code, logo, introductory text or sentence are unlawful or misleading or infringe third-party rights;
the Partner does not honour discount codes on the stated terms;
the Partner does not fulfil its obligations under § 16 or § 23 despite a reminder, in particular as a retailer does not enclose flyers;
the Partner has not paid the annual fee more than 30 days after a reminder or does not provide an agreed consideration in kind under § 3 (8) despite a reminder;
the Partner’s affiliate programme ends, excludes us or repeatedly fails to pay justified commissions;
the shop or the handover to the shopping cart no longer works technically, or there is a danger to Users or our systems (for example malware, fraud);
a law or an official or court decision requires it.

The fact that a shop is not suggested to a User under the rules in § 17 (delivery country, minimum rating) or is not in the retailer choice under § 20 (4) is not a restriction within the meaning of this section.

(2) Restriction and suspension: We inform the Partner of the reasons in text form (email) before or at the latest when they take effect. The statement of reasons names the specific facts and the ground under para. 1.

(3) Termination: If we end the Partner Agreement as a whole, we notify the Partner with reasons in text form at least 30 days before it takes effect. A shorter period or immediate termination only applies if a law or an official decision obliges us to do so, if we terminate for good cause, or if the Partner has repeatedly breached these Partner Terms; we then send the reasons without undue delay. During the first contract year we do not terminate with notice, so that the commitment under § 19 applies.

(4) The statement of reasons is only omitted where a law or an official order prohibits us from disclosing the facts.

(5) Clarification: After a decision under para. 1, the Partner may inform us of facts and circumstances at any time (§ 12). We review them and lift the restriction without undue delay once its ground no longer applies.

§ 11 Changes to these Partner Terms

(1) We may change these Partner Terms with effect for the future, for example if the main ranking parameters (§ 17), our services or legal requirements change. We notify the Partner of every planned change in text form to the email address it has given, with the new wording and the date on which it takes effect.

(2) The change takes effect no earlier than 15 days after notification. If the Partner needs technical or commercial adjustments for the change (for example to its feed), we set an appropriately longer period.

(3) The Partner may terminate the Partner Agreement until the change takes effect. The termination becomes effective no later than 15 days after receipt of our notification, unless a shorter period applies. The Partner may waive the period under para. 2 in text form or by a clear affirmative action.

(4) A period under para. 2 does not apply if a law or an official or court decision obliges us to make a change that does not permit a period, or if we exceptionally have to change the Partner Terms to avert an unforeseen, imminent danger and protect the service, Users or Partners from fraud, malware, spam, data breaches or other cybersecurity risks.

(5) We do not make retroactive changes unless a law or an official decision requires it or the change is solely beneficial to the Partner.

(6) We only change the commitment under § 19 during the current term in accordance with § 19 (4). Changes to the price sheet are governed by § 3 (7).

(7) Each version receives a date and version number and remains available at the address given at the top of these Partner Terms.

§ 12 Complaints and mediation

(1) Trackplanner is a small enterprise within the meaning of the Annex to Commission Recommendation 2003/361/EC. We are therefore not obliged to set up an internal complaint-handling system under Art. 11 of Regulation (EU) 2019/1150 or to identify mediators under Art. 12 of that Regulation (Art. 11 (5), Art. 12 (7)).

(2) We nevertheless accept complaints: by email to info@trackplanner.io, with the subject “Partner complaint” (or “Beschwerde Partner”). We confirm receipt and reply within 14 days. This applies in particular to restrictions under § 10, technical problems with the feed or model data and questions about rankings.

(3) We are prepared to take part in voluntary mediation if a complaint cannot be resolved otherwise. We are not obliged to do so.

(4) The right of either party to go to court remains unaffected.

§ 13 Liability

(1) Trackplanner is liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.

(2) In the case of simple negligence, Trackplanner is only liable for breach of essential contractual obligations (obligations whose fulfilment makes the performance of the contract possible in the first place and on whose compliance the Partner may rely), limited to the damage typical for the contract and foreseeable.

(3) Otherwise liability is excluded. In particular, we are not liable for lost sales resulting from the order under § 17, from Users’ decisions or from interruptions under para. 4, unless paras. 1 and 2 provide otherwise.

(4) Availability: We strive for high availability of Trackplanner but do not owe uninterrupted availability. Maintenance and faults may lead to restrictions.

(5) The Partner alone is responsible for the content and accuracy of its feed, its model data, its price information and its discount codes and for its purchase contracts with Users.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from the Partner Agreement is Berlin, as far as such an agreement is legally permissible.

(3) Declarations under these Partner Terms must be in text form (email is sufficient).

(4) The German version is authoritative. An English translation is available at trackplanner.io/en/partner-terms. There are no other language versions; our pages in other languages refer to the English translation.

(5) Should any provision be invalid, the validity of the remaining provisions remains unaffected.

Part II — Retailers

§ 15 What Trackplanner does for retailers

(1) Connection: We show the retailer’s offers with price and availability from its feed in the order view, part info and Check, as far as the retailer carries the part and delivers to the User’s country. Where the retailer’s shop technically allows it, Users hand over their list to its shopping cart with one click; otherwise we link to its product pages.

(2) Mention as Partner: We name the retailer as a Partner in our retailer overview (trackplanner.io/en/retailers).

(3) Identifier on links: Links to the retailer generally carry the identifier utm_source=trackplanner, so that the retailer can see in its own shop statistics which visits and sales come from us. The identifier contains no information about the User or their plan. If the retailer’s shop shows an error page for unknown parameters, we can adjust or switch off the identifier.

(4) QR code: The retailer receives its own QR code for the flyer. The QR code points to https://trackplanner.io/?partner=<id>&utm_source=flyer&utm_medium=paket. If a User comes to us through it, § 18 (3) applies.

(5) Report and gap list under § 6 (2): The monthly report states referrals (para. 6), clicks, number of plans with clicks, started and completed handovers to the shopping cart, items handed over and their value at our prices, and sign-ups through its referral. The gap list only names items from at least five plans from at least three accounts.

(6) Referrals: A referral is every click on a link to the retailer, anywhere in the app, and every started handover of a list to its shopping cart. We count a referral once per User or plan, item and day. Our count under these rules is authoritative; you see it in your monthly report. You may object to the count for a month within four weeks of the report; if you prove an error, we correct the count. The price sheet may scale the annual fee by the number of referrals; the referrals of the previous contract year are then decisive.

(7) On request (§ 21): display of its discount code, its own partner page at trackplanner.io/partner/<id> or trackplanner.io/fr/partner/<id>, name and logo for the Users who have chosen it.

(8) Users conclude purchase contracts for goods exclusively with the retailer. Trackplanner does not sell any goods in the retailer lists, does not accept payments from Users for goods and is not an agent of the retailer or the User. The retailer alone is responsible for ordering, delivery, warranty and returns.

§ 16 Obligations of the retailer

(1) Feed: The retailer supplies its product data (manufacturer item number, own shop item number, price, availability) as a feed, preferably as a Google Shopping feed, otherwise as a file in a format agreed with us. It keeps the feed accurate and updates it daily. Prices are final prices including VAT, as far as the retailer owes it.

(2) Shipping and delivery countries: The retailer tells us its shipping rates, its place of business, the countries it delivers to and its currency, and informs us of changes without undue delay. If we do not know a rate, we calculate under § 17 (5).

(3) Flyers: If the retailer ships parcels to end customers, it encloses our flyer in every parcel with model railway goods to end customers in the countries for which we list it, insofar as we have supplied it with sufficient flyers. We supply the printed flyers and bear the printing costs. We do not require proof; we see through the QR code how many Users come via the flyer. We design the content of the flyer; the retailer does not change it without our consent. Retailers without parcel shipping to end customers are not subject to this obligation.

(4) Lawful offers: The retailer is responsible for ensuring that its offers, price information, discount codes, logo and sentence for the partner page are lawful and do not infringe third-party rights.

§ 17 How we rank retailers (main ranking parameters)

(1) Where we rank: in the order view (shopping carts, at most two), in the part info and in the Check (there we only show the first offer in the order for each part, and the total is based on these offers). Data sheets on the website do not show a user-specific order. The purchase links on the manufacturer pages of the website (once they exist) appear in the fixed order of the retailer list of the purchase region, without price and without influence of a commission. In the purchase region Japan we do not rank: there we show no prices and the links in a fixed order.

(2) Order view, if the User has not chosen a retailer under “My shop”. The criteria interact as follows: nos. 1 and 6 are filters. Nos. 3 and 4 compare completeness and price one after the other; nos. 2 and 5 are exceptions to the price comparison under no. 4. No. 7 decides in the event of a tie:

Delivery country: We do not suggest retailers who do not deliver to the User’s country.
Domestic priority: If a retailer from the User’s country carries their list as completely as the best one from another country, it comes first as long as it is at most 10 % or €5 more expensive including shipping (the larger threshold applies). If the User has chosen “other country”, this rule does not apply.
Completeness: Whoever carries more items of the list comes first.
Total price including shipping, at most two orders. We only suggest a second order if it brings parts that the first retailer does not carry, or if it is cheaper including its shipping.
Almost equally expensive: If an offer is at most 3 % and at most €2 above the cheapest choice, the better-rated retailer wins.
Minimum: We do not suggest retailers with a rating below 3.5 of our own accord, as long as there is an alternative.
Tie: At the same price, the rating decides first among the most complete choices. After that, or for less complete choices: one order before two, then the retailer that takes over more of the order or carries more of the list, then its rating, then the larger value of the list at that retailer, and finally a fixed order of retailers that we publish at trackplanner.io/en/retailers.

Commission and annual fee play no role in the order view.

(3) Part info and Check, if the User has not chosen a retailer under “My shop”:

First the offers that can be ordered from the retailer (not reported as sold out, or reported as sold out but accepted as a backorder).
Then by price including shipping.
Almost equally expensive (at most 3 %, at most €2): by rating.
Retailers with a rating below 3.5 are placed behind the others.
At the same price including shipping: the commission under § 4 (2), but only if its rate is documented by a contract with the affiliate programme or network. If the offer is in the “almost equally expensive” band (no. 3), the rating decides first.
Finally the fixed order.

(4) If the User has chosen a retailer under “My shop”, § 18 (1) applies. This applies to every retailer from the retailer choice that the User chooses, whether Partner or not.

(5) Shipping unknown: If we do not know a shipping rate for a retailer, we calculate the comparison with the highest known rate in the region, so that missing information does not act like a discount. Neither rates we list as uncertain nor those of manufacturers who only sell scenery accessories count for this. If a region has no known rate at all, shipping does not count there for any retailer.

(6) Ratings: We use the retailer’s public ratings on Trusted Shops and Trustpilot and retrieve them monthly. If a retailer has several profiles, we take the mean, weighted by the number of ratings per profile.

(7) Why this weighting: Completeness comes first because every additional order costs the User additional shipping and effort. After that, the price including shipping decides, because it is the most important yardstick for the User. If prices are almost the same, the rating decides, because a small price difference then counts for less than other customers’ experience. Domestic priority takes account of shorter delivery routes and customs or return issues.

(8) What the retailer can influence itself: the completeness and timeliness of its feed (item numbers, prices, availability), its prices, its maintained shipping rates and delivery countries and its public rating profiles. For Users who have not chosen the retailer themselves, the order cannot be influenced in return for payment, except via the commission under § 4 (2); on indirect influence through the question to Users, see § 4 (6).

(9) Current values: The thresholds in paras. 2 and 3 and the fixed order are also published at trackplanner.io/en/retailers (“How we rank”). If we change the main parameters or these thresholds, § 11 applies.

§ 18 “My shop” and the question to Users with a referral

(1) The User’s choice. A retailer only comes first if the User has chosen it themselves under “My shop”. Then, for this User:

We suggest this retailer’s shopping cart, even if another choice would be cheaper.
What the retailer does not carry goes into a second shopping cart at another retailer. If the User changes this setting, we instead compile it as a list that they can request from the chosen retailer.
If offers with prices are available and the chosen retailer carries at least one part of the list, the other retailers are collapsed under “More retailers”. The row states their number and the lowest total including shipping among those that carry most of the list. One click shows all of them with their amounts, and the User can choose any of them.
In the part info and in the Check, the offer of the chosen retailer comes first if it carries the part and the part can be ordered from it. If it reports the part as sold out and does not accept a backorder, it comes after the orderable offers. All other offers appear in the order under § 17 (3).
The choice applies per purchase region and until the User changes it; with an account on all their devices.

(2) We do not set a retailer for anyone. We do not choose a retailer for any User and do not preselect one. The User decides and can change their choice at any time.

(3) The question to Users with a referral. If a User comes to us via the link, QR code or partner page of a retailer Partner, and the Partner is in the retailer choice, the app asks whether they want to choose the Partner as their retailer. The following applies:

The question can appear in up to four places: start screen, order view, registration and before a handover to a retailer. It appears at most once in each place, and no longer once the User has answered.
Nothing is preselected in the question. The app refers to the Partner as “our partner”.
The question only appears if the Partner’s shop is activated, delivers to the User’s country, the answer would change something and no child profile is active (child profiles have no purchase paths).
If the User says yes, the Partner becomes their retailer in all purchase regions in which we list the Partner and the User has not yet chosen a retailer; in the purchase region in which the app asks, also if another retailer was already chosen there.
We keep the referral in the browser tab until it is closed and store it on the account if the User creates an account in the same session. If a User comes via several Partners, the first referral on the account applies.

(4) The question is a service for Partners (§ 4 (6)); retailers without a Partner Agreement only receive it under § 20 (2). The order for a User only changes through their own answer.

§ 19 Commitment for the term: “My shop”

(1) For retailer Partners in the retailer choice we commit for the term of the contract including its extensions:

Users who come via a flyer, a link or the partner page of the Partner are asked under § 18 (3) whether they want to set the Partner as their retailer, under the conditions stated there; nothing is preselected in the question.
If a User has set the Partner, the app compiles their order lists at the Partner; the other retailers are collapsed and visible on click if offers with prices are available and the Partner carries at least one part of the list; in the part info and in the Check, the Partner’s offer comes first if it carries the part and the part can be ordered from it (§ 18 (1)).

(2) The display of the discount code, the partner page and the logo are not part of the commitment under para. 1. For Users who have not set the Partner, the published rules apply (§ 17, trackplanner.io/en/retailers).

(3) The setting remains in place until the User changes it, including beyond the end of the contract. It has effect as long as the Partner’s shop is in the retailer choice. Some shops are only in the retailer choice with a Partner Agreement, because their data only comes via the feed (§ 20 (4)). Such shops disappear from the retailer choice when the Partner Agreement ends; Users’ choice then falls back to “none”.

(4) Reservation: We only deviate from the commitment under para. 1 where a law or an official or court decision requires it or there is a ground under § 10 (1). We inform the Partner as soon as possible, with reasons. If a law or a decision requires it, the Partner may terminate the Partner Agreement for cause; we refund a proportionate share of an annual fee paid for the current contract year.

(5) The commitment under para. 1 applies equally to all retailer Partners.

§ 20 Differentiated treatment

(1) No own offers: Trackplanner does not sell its own goods in the retailer lists and does not control any of the listed retailers. Our own services (Premium, Trackplanner Family) are not ranked alongside retailer offers.

(2) Partners and non-Partners: Partners receive the services under § 15 and § 21 that retailers without a Partner Agreement do not receive: the question to Users with a referral (§ 18 (3)), the partner page, name and logo for its customers, display of its discount code to Users with its referral, mention as Partner, the identifier utm_source=trackplanner, report and gap list. Exception: We work with some retailers without a Partner Agreement, commission or fee, provided that they put our flyers in their parcels in return. The reason is that they bring us users instead of paying a fee. There is no entitlement to such a cooperation. These retailers may also receive the question to Users with a referral (§ 18 (3)), their own page (§ 21 (3)) and name and logo for their customers (§ 21 (4)), the logo only with their permission in text form. The order under § 17 is the same for Partners, for these retailers and for non-Partners. Retailers with a documented commission only differ from those without under § 4 (2).

(3) Track system and starter sets: Partners with a referral receive the suggestion of their track system and, as manufacturers, their starter sets first under § 4 (7).

(4) Inclusion in the retailer choice: Some shops only appear with a Partner Agreement, because their data only comes via the feed. Other retailers appear without a contract, via affiliate programmes in which we participate, or via search links. Shops that only carry accessories or only second-hand goods are not in the retailer choice under “My shop”.

(5) Ancillary services: We do not offer Users any goods or services of our own as a supplement to the Partners’ offers (for example insurance or financing).

§ 21 Services on request: discount code, partner page, name and logo

(1) Discount code: The retailer may give us a discount code for Users who come via it. It supplies the code (2 to 30 characters; letters, digits, _ and -, starting with a letter or digit, without spaces), a short offer text in German (at most 80 characters, without the code) and, on request, an end date; we translate the other languages of the app, and the retailer may supply an English version. We show the code to Users with its referral below its row in the order view, even if they have not chosen it as their retailer. Whether the User chooses the retailer is not a condition. We do not include the code in prices and amounts; the retailer sets the conditions.

(2) The discount code is not secret. It is contained in the app’s program code, which anyone can read. The retailer only gives us a code that anyone may redeem. It honours it on the stated terms and informs us when it ends.

(3) Partner page: The retailer may receive its own page at trackplanner.io/partner/<id> or, in French, at trackplanner.io/fr/partner/<id>, on which we label it as a Partner, with its logo and a sentence from it (at most 200 characters, one line, without price or superlative claims and without the words “recommendation”, “recommended”, “official”, “cheapest”, “best price”). We do not publish a sentence that does not meet these requirements. The page ends with the Partner Agreement. Retailers we work with without a Partner Agreement under § 20 (2) can currently receive such a page only in French. It states that the retailer works with Trackplanner, and the page ends when the cooperation ends. In the question under § 18 (3), the app refers to the retailer as “our partner”.

(4) Name and logo: If a User has chosen a retailer with its own partner page as “My shop”, we show its name and, if the retailer has given us its logo for this, the logo in the header of their build plan and on their printed or PDF-saved shopping list. If the app asks a User during registration whether they want to set such a retailer as their retailer, we also show name and logo there. Anyone viewing a shared or published plan sees neither name nor logo. The same applies to retailers under § 20 (2) with their own page.

(5) Logo permission: We only use the logo with the Partner’s separate permission in text form (template in the annex to the Partner Agreement), as SVG or PNG (at most 50 KB, PNG at least 128 px high, transparent or white background). We may reduce the file without loss and convert between SVG and PNG, but not otherwise change it. The Partner may revoke the permission at any time for the future; lists already printed or saved are not affected. Revocation does not end the Partner Agreement.

Part III — Manufacturers

§ 22 What Trackplanner does for manufacturers

(1) Effect: Part III only applies once the exemption of models and the manufacturer pages are available in Trackplanner and we notify the manufacturer of this in text form (§ 11). Until then it describes what we are building and has no effect. For the period until this notification a manufacturer owes no annual fee; for the current contract year it pays the fee pro rata from the notification. Until then it may terminate the Partner Agreement at any time without notice. Otherwise Part I applies regardless.

(2) Services:

Preparation: We prepare the supplied models (dimensions, plan view, 3D shape, preview image) and add them to the Trackplanner catalogue.
Exemption: Accessory models of the partnership do not count against the limit for accessory models per plan for Users without Premium, up to the number booked. Vehicles count as models of the partnership but are not exempted, because there is no limit for them.
Manufacturer page: a page on trackplanner.io with logo, introduction, the models with purchase links to retailers and track plans with its models.
Report: the monthly report under § 23 (3).

The manufacturer’s track is available to all Users in the planner anyway; it is always included and does not count as models.

(3) Number of models: The tier of the annual fee depends on the number of models in the partnership (price sheet). The manufacturer chooses the models; we add what the data allows. If a model does not make it into the catalogue, for example because dimensions are missing, it does not count.

(4) What the exemption is not: no placement and no influence on sorting, search, recommendations, build plan or retailer choice (§ 4 (4)). What a referral to the manufacturer brings about is governed by § 4 (7).

(5) Labelling: Exempted models and the manufacturer page are labelled as a partnership for Users. The manufacturer agrees to this.

(6) Consideration in kind instead of a fee: If the price sheet provides for it, manufacturers may provide a consideration in kind under § 3 (8) instead of the annual fee, for example enclosing our flyers in their starter sets. Otherwise manufacturers have no obligation to enclose flyers.

§ 23 Obligations of the manufacturer, report

(1) Data: For each model, the manufacturer supplies, where available: name, item number, EAN, gauge, length × width × height, images or drawings; also its logo and an introductory text. § 7 applies to the rights to these.

(2) Changes: The manufacturer informs us when a model is discontinued or its data changes.

(3) Report: The monthly report states aggregated planning data per model: placements, plans, countries, gauges, eras and purchase clicks. A row only appears if it is based on at least five plans from at least three accounts. The manufacturer does not receive information on individual Users (§ 6 (2) and (3)).

§ 24 After the end of a manufacturer partnership

(1) The exemption, the manufacturer page as a partner page and the report end. We remove the logo, introductory text and supplied images.

(2) We remove from the catalogue the models we prepared for the manufacturer as part of the partnership: they can no longer be placed. In plans in which they already appear, they remain with their display and parts-list row.

(3) Track and models of the same manufacturer that were already in the catalogue before the partnership remain in the catalogue.

Part IV — Service providers

§ 25 Service providers and custom-made products

(1) We connect service providers who

make roadbed, helixes and ribs to the dimensions of a plan,
produce models by 3D printing, for example bridges or catenary masts, or
offer layout planning as a service.

(2) Orders for custom-made products through Trackplanner do not exist yet. Once they do, we will govern them in a separate agreement that we send you in advance in text form; these Partner Terms will then be supplemented under § 11.

(3) Anyone who only contacts us as a service provider and registers interest does not thereby conclude a contract. Part I only applies once there is a Partner Agreement.

General Terms and Conditions for Partners (Partner Terms)