General Terms and Conditions of SteadySense GmbH for contracts of sale between SteadySense GmbH and consumers (private customers) in Europe.
The following General Terms and Conditions apply to all sales contracts concluded via the Online shop or the in-App Shop between SteadySense GmbH, Kärntner Strasse 518, 8054 Seiersberg-Pirka, Austria, e-mail: firstname.lastname@example.org and the buyer.
1. Scope of Application, Definitions of Terms
1.1 For the business relationship between SteadySense GmbH and the buyer, the terms and conditions valid at the time of the online order will apply. Differing individual agreements apply only if these were agreed in writing.
1.2 Our offer is designed for consumers in the context of the Consumer Protection Act. You are a consumer insofar as the purpose of the ordered goods and services are not predominantly related to a commercial or self-employed professional activity.
2. Product Description, Manufacturer Information and Application Periods
2.1 femSense consists of an app and a patch. The product is available as a single purchase. One packet of femSense contains 3 patches (temperature measuring plasters) intended for 3 monthly cycles. To use the product, you need to download the app from the App Store, Google Play or App Gallery, register and activate it. To use femSense, the data protection regulations and the instructions for use must be understood and followed. We do not guarantee that the buyer will get pregnant as a result of using femSense and femSense is not a form of contraception.
2.2 SteadySense GmbH is the manufacturer of the femSense product. The company is registered in the commercial register under FN 449312 at the regional Court for Civil Matters, Graz, Austria.
3. Entering into a Contract
3.1 During the purchasing process, the instructions on the screen must be followed.
The purchasing procedure works as follows:
(a) The customer should choose the required number of femSense packets.
(b) The customer will then be asked to provide their delivery and invoice address.
(c) After pressing “Continue” they will be asked to enter the method of payment. We accept Mastercard, Visa and American Express credit cards.
(d) By clicking on “Continue”, the order data is summarized in an order preview. It is possible to correct the order details here.
(e) By clicking the “Pay and Purchase” button you agree to the femSense Terms and Conditions and a purchase contract between SteadySense GmbH and the customer is established.
(f) After receipt of the order, the customer receives an automatic order confirmation by e-mail.
3.2 After receipt of the order, the customer is sent an automatic confirmation of the order by e-mail, in which the order is detailed again.
It should be noted that we only provide the current version of the General Terms and Conditions and the General Data Protection Regulations on our website, but that the General Terms and Conditions and the General Data Protection Regulations, valid at the time of ordering, apply to the customer. We do not store the contractual text relating to the order.
3.3 The contract will be completed in English.
4. Shipping and Delivery
4.1 As a rule, femSense is shipped within 5 working days, (Monday-Friday) after receipt of payment.
4.2 In the event of unforeseeable delays which could not be taken into account at the time of order and for which we are not responsible, the customer will be informed immediately and will be advised of the new delivery date. In this case, the delivery period shall be extended by the duration of the impediment to delivery, insofar as this is reasonable for the customer.
If this reason for delay lasts longer than 4 weeks, then both the customer and SteadySense are entitled to terminate the contract. If we cancel, we will of course immediately refund any payments already made without, penalty for the customer.
4.3 The list of countries we deliver to can be found in the online order process.
Shipment of ordered goods is handled by service providers appointed by us (e.g. parcel or express service). Delivery charges will be added to the cost of the product. Deliveries outside the EU may be subject to additional customs duties.
The delivery time may vary depending on the destination country. As soon as your order has been processed you will receive a shipping confirmation by e-mail. In Austria delivery takes between 1-2 working days. The average delivery time within Europe is 2-4 days, to other countries 3-7 days.
Prices quoted are total prices, they include packaging costs as well as the applicable value added tax. Shipping costs will be additionally charged, depending on the offer.
6. Retention of Title and Terms of Payment
The purchase price is due before delivery of the goods. SteadySense retains ownership of the product until full payment has been made.
7. Methods of Payment
SteadySense GmbH accepts payment by credit card (Visa, Mastercard…), PayPal, eps, giropay, Apple Pay, Google Pay, Samsung Pay. Payment will be processed by our service partner Stripe Payments Europe, Ltd and PayPal Europa S.a.r.l et Cie, S.C.A. Please note their general terms and conditions for payment processing. SteadySense retains ownership of the goods until full payment has been received. The customer receives a detailed invoice by email.
Unless otherwise specified, general statutory provisions will apply.
The warranty does not apply in the case of faults caused by the customer. In particular with faults occurring due to improper handling or use of the product.
If the delivered product shows obvious material or manufacturing defects, the customer should inform us immediately. To ensure correct use, please read and follow the instructions. You can access thema
a.) via the link: www.femsense.com/en/ifu or
b) download and print them from the download page of the website. SteadySense does not guarantee that the buyer will get pregnant through the use of femSense.
9. User Account, Password, Security
The customer is solely and fully responsible for maintaining the confidentiality of their user ID, passwords and account number or other confidential information related to their user account.
10. Cancellation Policy
SteadySense reserves the right to terminate the sales contract according to point 4.2.
A cancellation by the customer is only possible according to point 15 of these General Terms and Conditions.
11.1 Our liability (including liability for our legal representatives, executives and any auxiliary persons) is limited to intent and gross negligence
The following does not apply:
(a) In the event of injury to life, limb and health
(b) For claims based on a breach of contractual obligations, i.e. obligations arising from the nature of the contract and a breach of which endangers the fulfilment of the contractual purpose.
(c) For claims arising from the Product Liability Act and
(d) For claims based on fraudulent misrepresentation.
11.2 In the event of a breach of fundamental contractual obligations, we shall only be liable for the typical contractual, predictable losses, if these were caused by simple negligence, unless these are claims for damages on the part of the customer arising from injury to life, limb or health.
SteadySense is not liable for any damage to the product caused by improper use or improper handling.
12. Customer Service
For general queries about the product, please contact our customer service by e-mail email@example.com In the event of a reclamation please send us the following information with your complaint so that we can assess the fault:
Name, address and order number
Reason for reclamation
Expiry date of product
LOT no. of the outer packaging of the article(s) in question
You can contact us by e-mail at firstname.lastname@example.org , contact link (website) or by post. If you are required to return the product, please send it directly to the business address indicated above.
13. Data Protection and Privacy
To process an order SteadySense GmbH collects the following personal information: Name, address, e-mail address, shipping and billing address, credit card number.
14. Settlement of Disputes
14.1 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
14.2 The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our email address can be found in our Impressum (legally mandated statement of the ownership and authorship) on our website.
15. Right of Appeal
The customer is entitled to a statutory right of withdrawal, about which we notify you in accordance with the statutory model as follows:
You have the right to terminate the contract within fourteen days, without giving a reason.
The withdrawal period is fourteen days from the date on which you, or a third party other than the consigner, appointed by you, has taken delivery of the goods.
In order to exercise your right of withdrawal, you must notify us by post at SteadySense GmbH, Kärntner Straße 518, 8054 Seiersberg-Pirka, Austria,
or by e-mail: email@example.com, of your decision to withdraw from the contract You may use the sample cancellation form although this is not mandatory.
Consequences of a Cancellation
If you terminate the contract, we will refund all payments we have received from you, including delivery charges (with the exception of any additional charges arising from your choosing a different method of delivery from the standard, low-cost delivery we offer), immediately and not later than fourteen days from the date we receive notice of your termination of the contract. We will use the same means of payment for the refund as was used for the original transaction, unless expressly otherwise agreed with you; in no event will you be charged for the refund.
We may withhold repayment until the goods have been returned or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or at the latest within fourteen days of the notification of the termination of the contract. This period shall be deemed to have been observed if you have sent the goods before expiry of the fourteen-day period.
The customer shall bear the direct costs of returning the goods.
The customer will only be liable for any loss in value of the goods if that loss in value is due to handling of the goods which is not considered necessary in the inspection of their condition, properties and functionality. This also includes opening the packaging.
In accordance with statutory regulations we will provide the following sample cancellation form:
Sample cancellation form: To:SteadySense GmbH
Kärntner Strasse 518
I/we hereby cancel the contract concluded by me/us for the purchase of the following goods … Ordered on…….
The right to withdraw is not applicable to the delivery of sealed products if the seal is broken or damaged.
Deleting the femSense Account
If you wish to delete the femSense account, please use the “Contact Support” function in the menu of the femSense app and notify us that you wish to delete the account. We will delete your account within 2 working days.
16. Direct Marketing Consent
The customer agrees that SteadySense GmbH may use their contact information, exclusively for its own purposes, for customer support and advertising. i.e. news or current product information may be sent to the customer. This permission can be revoked at any time by e-mail to firstname.lastname@example.org or by post to SteadySense GmbH, Kärntner Strasse 518, 8054 Seiersberg-Pirka, Austria.
17. Changes to the Terms and Conditions
SteadySense GmbH reserves the right, at its sole discretion, to change, modify, add to or remove portions of the Terms and Conditions at any time. The currently valid version will be published on the website and it is the customers’ responsibility to periodically inform themselves about possible changes
18. Severability Clause
If a provision of these GTC is invalid, the other provisions shall remain unaffected. The invalid provision shall be deemed replaced by a provision that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any loopholes.
19. Contract language
The languages for queries, for any declarations of intent regarding the content of the contract and for the completion of the contract are: German and English.
20. Place of Jurisdiction and Applicable Law
The place of jurisdiction will, to the extent permitted by law, be the registered address of SteadySense GmbH. All legal transactions will be governed exclusively by Austrian law.