General Terms and Conditions of SteadySense GmbH for sales contracts concluded with consumers (private customers) in Europe.
The following General Terms and Conditions (GTC) apply to all purchase 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 buyers.
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.
One pack of femSense cycle trackers contains 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.
4 Shipping and delivery
4.1 As a rule, femSense patches are dispatched within 5 working days (Monday to Friday) after receipt of payment.
4.2 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.
4.3 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. 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.
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
SteadySense GmbH accepts payments via PayPal, credit card (Mastercard, Visa, American Express), Sofortüberweisung, eps, giropay, Apple Pay, Google Pay, Samsung Pay. 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 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.
Unless otherwise specified, the general statutory provisions shall apply. The warranty is excluded in the case of defects caused by the customer. This is particularly the case in the event of improper handling. If delivered items have obvious material or manufacturing defects, the customer shall notify us immediately. 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/ aufrufen
b) sowie herunterladen und ausdrucken.
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.
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.
11.1 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.
For general queries about the product, please contact our customer service by e-mail email@example.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 firstname.lastname@example.org 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
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: email@example.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 refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. 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:
Das Muster des Widerrufsformulars finden sie unter Right of cancellation.
Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte das Form aus und senden Sie es zurück.
Deleting the femSense account
If you wish to delete your femSense account, please use the "Contact Support" function in the femSense app menu and notify us that you wish to delete your account. Your account will be deleted by us within 2 working days.
To: SteadySense GmbH Kärntner Straße 518 8054 Seiersberg-Pirka Austria
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods ....
Name of the customer
Address of the customer
Signature of the customer
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 firstname.lastname@example.org or by post to SteadySense GmbH, Kärntner Straße 518, 8054 Seiersberg-Pirka.
17 Amendments to these GTC
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 Place of jurisdiction and applicable law
The place of jurisdiction is, as far as legally permissible, the registered office of SteadySense GmbH. Austrian law shall apply exclusively to all legal relationships.
Mon-Thu: 08:00 - 15:00
Fri: 08:00 - 12:00 CET
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