1. scope of application, definitions

1.1 The business relationship between SteadySense GmbH and the buyer is governed exclusively by the following GTC in the version valid at the time of the online order. Deviating individual agreements shall only apply if these have been agreed in writing.

1.2 Our offer is aimed at consumers within the meaning of the Consumer Protection Act. You are a consumer if the purpose of the ordered goods and services cannot be attributed primarily to your commercial or independent professional activity.

2. product description, manufacturer information and application periods

2.1 femSense cycle tracker consists of an app and a patch. The product is available to purchase individually.

A pack of femSense cycle trackers contains 1 or 3 patches (measuring patches) and is suitable for use for 3 monthly cycles. To use the product, you need to download the app from the App Store, Google Play or App Gallery, then register and activate it.

For the use of femSense cycle trackers, the data protection information and the instructions for use must be observed.

2.2 SteadySense GmbH is the manufacturer of the femSense cycle tracker medical device. The company is registered in the commercial register under FN 449312 at the LG für ZRS Graz.

2.3 SteadySense GmbH also offers products from other manufacturers in its web shop. These carefully selected products must be used in accordance with the manufacturer's instructions.

3. conclusion of contract

3.1 During the ordering process, the instructions on the screen must be observed.

By clicking on the "Order now" button, a purchase contract is concluded between SteadySense GmbH and the customer.

After receipt of the order, the customer receives an automatic confirmation of receipt by e-mail.

Please note that we only provide the current version of the GTC/terms of use and data protection information on our website, but that the GTC/terms of use (see point #17) and data protection information in the version valid at the time of the order always apply to the customer. We do not save the contract text for the order.

4 Shipping and delivery

4.1 Delivery is only possible in Austria, Germany, Luxembourg and Liechtenstein. For orders from other EU countries, please contact us by e-mail.

4.2 As a rule, femSense patches are dispatched within 1-2 working days (Monday to Friday) after receipt of payment.

4.3 In the event of delays that we could not foresee when the contract was concluded and for which we are not responsible, we shall inform the customer immediately of this circumstance and inform her when she can expect delivery. In this case, the delivery period shall be extended accordingly by the duration of the circumstance preventing delivery, insofar as this is reasonable for the customer. If this delay lasts longer than 4 weeks, both the customer and SteadySense are entitled to withdraw from the contract. If SteadySense GmbH cancels the contract, we will of course refund any payments already made to the customer immediately without deduction.

4.4 The goods are dispatched by parcel service (standard or express service) to the countries that can be selected in the online order. We charge our shipping costs in addition to the prices offered (see §5.1). For deliveries outside the EU, additional customs duties may apply. The delivery time may vary depending on the destination country. As soon as your order leaves our premises, you will receive a dispatch confirmation by e-mail. In Austria, delivery takes place within 1-2 working days. The average delivery time within Europe is 2-4 days, to other countries 3-7 days.

4.5 When the goods are dispatched, the risk of loss or damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer and other than the carrier. However, if the consumer has concluded the contract of carriage himself without making use of an option proposed by us, the risk is transferred to the carrier as soon as the goods are handed over.

5.prices

5.1 All prices are total prices and include packaging costs and statutory VAT. Shipping costs are charged additionally depending on the offer.

6 Due date and retention of title

The purchase price is due before delivery of the goods. SteadySense retains ownership of the product until full payment has been received.

7 Terms of payment

We accept the following payment methods:  

• Credit card (Eurocard/MasterCard, Visa, American Express...)

If payment is made by credit card, the amount will be debited on the same day. When paying by credit card, the customer provides the following data: Card holder, card number, credit card company, expiry date, CVV code. The data is transmitted using SSL encryption with a minimum 128-bit key and is therefore not accessible to unauthorised persons. The payment is processed by our contractual partner Stripe Payments Europe, SteadySense GmbH does not receive any credit card data directly. Further information can be found here: Privacy policy  

• EPS bank transfer

With the EPS bank transfer payment method, the payment is The payment is processed via the online banking of your own bank and no separate account is required. Delivery will only be made after immediate confirmation of payment.  

• PayPal

You can order cashless with PayPal. If you choose this payment method, you will be forwarded directly to PayPal for payment. If you already have a PayPal account, you can log in with your account details and make the payment. If you are new to PayPal, you can create a user account free of charge by entering your bank or credit card details. You then pay by entering your e-mail address and a password and receive a payment confirmation by e-mail. Your order will then be processed immediately. Further information can be found here: Privacy policy  

• Google Pay/Apple Pay

With Google Pay/Apple Pay, you can make cashless payments using the payment method stored in your Google/Apple account. You will need your Google account email address for the transaction and will see your stored payment method and delivery address again before confirmation.

Payment is processed via our contractual partners Stripe Payments Europe, Ltd and PayPal Europe S.a.r.l et Cie, S.C.A. Please also note their General Terms and Conditions of Business in the context of payment processing. SteadySense retains ownership of the goods until full payment has been received. The customer will receive a detailed invoice by email.

8.Warranty

The warranty is provided in accordance with the statutory provisions. The warranty is excluded in the event of defects caused by the customer. This is particularly the case in the event of improper handling. The customer shall notify us immediately if the delivered items have obvious material or manufacturing defects. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract. Compensation for consequential (defect) damage, as well as other material damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.

To ensure safe use, please read and follow the instructions for use. You can download these

a) via the link: www.femsense.com/user-manual/ call

b) and download and print them.

The femSense cycle tracker is a very reliable and tested medical device, but SteadySense cannot guarantee that the time of ovulation will be recognised or correctly detected. Due to physiological reasons, deviations may occur or ovulation may not take place or not be recognised.

9.user account, password, security

The customer is solely and fully responsible for maintaining the confidentiality of her user ID, passwords and user account number or other confidential information in connection with her user account.

10.cancellation conditions

SteadySense reserves the right to cancel the purchase contract in accordance with point 4.2, paragraph 2. Cancellation by the customer is possible in accordance with point 15 of these GTC.

11.Liability

11.1 Our liability (including the liability for our legal representatives, vicarious agents and assistants) is limited to intent and gross negligence. This shall not apply

(a) in the event of injury to life, limb and health

(b) for claims due to the breach of cardinal obligations, i.e. obligations that arise from the nature of the contract and whose breach jeopardises the achievement of the purpose of the contract

(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 material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

SteadySense is not liable for any impairment of the system that is attributable to improper use or incorrect operation.

12.Customer service

For general queries about the product, please contact our customer service by e-mail hello@femsense.com to reach.

In the event of a complaint about the product supplied by us, please send us the following information with your notification of defects so that we can check your request for subsequent fulfilment:

• Name, address and customer number
• Reason for the complaint
• Expiry date of the product
• LOT no. of the outer packaging of the item(s) in question

You can contact us by e-mail at support@femsense.com via the contact form or by post. If we ask you to send us the rejected product after you have reported a defect, please send it directly to the business address given above.

13.data protection and privacy

SteadySense GmbH collects the following personal data to process the order: Name, address, e-mail address, shipping and billing address. The data protection regulations of SteadySense GmbH apply to the processing of personal data. These can be found on the homepage at www.femsense.com/de/datenschutz/ can be taken from the privacy policy. By agreeing to these GTC, the customer expressly consents to the collection, processing and use of personal data within the regulated scope of the data protection declaration.

14. dispute resolution

14.1 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14.2 The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr can be called up. Our e-mail address can be found in our imprint.

15.right of cancellation

Customers have a statutory right of cancellation, about which we inform you in accordance with the statutory model as follows:

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, took possession of the goods. To exercise the right of cancellation, you must inform us, SteadySense GmbH, Kärntner Straße 518, 8054 Seiersberg-Pirka, Austria, E-Mail: support@femsense.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the sample cancellation form for this purpose, although 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 cancellation

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive 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 expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund. We may refuse to make a refund until we have received the goods back. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall 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 for checking their condition, properties and functionality. This also includes opening the plaster product packaging. We provide the following information about the model cancellation form in accordance with the statutory provisions:

You can find the sample cancellation form at Right of cancellation.

If you wish to cancel the contract, please complete the Form and send it back to us.

Deleting the femSense account

If you wish to delete your femSense account, please use the "Support Team" function in the menu of the femSense app and notify us that you wish to delete the account. Your account will be deleted by us within 2 working days.

To: SteadySense GmbH Kärntner Straße 518 8054 Seiersberg-Pirka Austria

e-mail: support@femsense.com

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods ....

Ordered at.......,

Received at........

Name of the customer

Address of the customer

Signature of the customer

date

A cancellation form can be downloaded from the website at https://www.femsense.com/widerruffsrecht/. The right of cancellation is excluded for the delivery of sealed products if the seal is broken or damaged.

16. consent to direct advertising

The customer agrees that SteadySense GmbH may use his contact details for support and advertising exclusively for its own purposes. This means that news or current product information can be sent to the customer. The sending of information material can be cancelled at any time by sending an e-mail to hello@femsense.com or by post to SteadySense GmbH, Kärntner Straße 518, 8054 Seiersberg-Pirka.

17 Amendments to these GTC

SteadySense GmbH reserves the right to change or modify the terms and conditions at any time at its own discretion or to add or remove parts to the terms of use. The currently valid version will be published on the website and it is the customer's responsibility to inform himself regularly about possible changes.

18. severability clause

If a provision of these GTC is invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.

19. contract language

The languages available for queries, for any declarations of intent regarding the content of the contract and for the conclusion of the contract are German and English.

20. arbitration board

We undertake to participate in the arbitration procedure of the Internet Ombudsman's Office in the event of disputes:

www.ombudsstelle.at 

Further information on the types of procedure can be found at www.ombudsstelle.at. For the settlement of disputes with our company, the ODR platform

be utilised: https://ec.europa.eu/consumers/odr

Our e-mail address: office@steadysense.at

21 Place of jurisdiction and applicable law

The contracting parties agree that Austrian law shall apply. If the consumer is domiciled or habitually resident in Austria or is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction to hear an action against the consumer; this shall not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.

17.05.2024