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 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 We usually ship femSense patches within 1–2 business days (Monday to Friday) after we receive your 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 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. Payment Terms

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. finden sich hier: Datenschutzerklärung

• 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 Weitere Infos dazu finden sich hier: Datenschutzerklärung

• 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 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 based on the breach of cardinal duties — that is, duties inherent to the nature of the contract, the violation of which would jeopardize the fulfillment of its intended purpose

(c) for claims under the Product Liability Act and

(d) for claims based on fraudulent misrepresentation.

11.2 In cases of breach of essential contractual obligations, our liability is limited to the foreseeable, contract-typical damage resulting from simple negligence, unless the claim for damages is based on injury to life, limb, or health.

SteadySense shall not be held liable for any impairments to the system arising from improper use or incorrect handling.

12. Customer Sercive

If you have any general questions about the product, feel free to contact our customer support at hello@femsense.com.

Should you have a complaint about the product we supplied, please include the following information with your notice of defect, so we may assess your claim for remedial action:

• Name, address and customer number
• Reason for return
• Expiration date of the product
• LOT-Nr. of the card box

You may reach us by email at support@femsense.com, through our contact form, or by mail. Should we request the return of the reported product following your notice of defect, please send it directly to the business address indicated above.

13. Privacy policy

To process the order, SteadySense GmbH collects the following personal data: name, address, email address, shipping and billing address. The processing of personal data is carried out in accordance with the data protection provisions of SteadySense GmbH, which can be found at www.femsense.com/en/privacy-policy/. By agreeing to these Terms and Conditions, the customer expressly consents to the collection, processing, and use of their personal data as outlined in the Privacy Policy.

14. Settlement of Disputes

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

14.2 The European Commission offers a platform for online dispute resolution (ODR), available at www.ec.europa.eu/consumers/odr. Our contact email is listed in our legal notice (Impressum).

15. Right of Withdrawal

Customers have a statutory right of withdrawal, which we inform you about in the following in accordance with the legally prescribed model:

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal 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 your right of withdrawal, you must inform us — SteadySense GmbH, Johann-Schreiner-Strasse 3, 8074 Raaba-Grambach, Austria, email: support@femsense.com — of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You may use the model withdrawal form for this purpose, although it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notice regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of cancellation

If you withdraw from this contract, we will reimburse you for all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract.
We will carry out the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this loss in value is due to handling that was not necessary for checking the condition, properties, and functioning of the goods. This includes opening the patch product packaging. We provide information about the model withdrawal form in accordance with legal regulations as follows:

You can find the model withdrawal form under Right of Withdrawal.

Should you wish to withdraw from the contract, kindly complete this form and send it back to us.

Deletion of your femSense account

To delete your femSense account, please contact us via the ‘Support Team’ option in the app menu and inform us of your request. We will delete your account within two business days.

To: SteadySense GmbH, Johann-Schreiner-Strasse 3, 8074 Raaba-Grambach Austria

E-Mail: support@femsense.com

I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods: …

Ordered on …….

Received on …….

Name of customer

Address of customer

Signature of Customer

Date

A withdrawal form is available for download on our website at https://www.femsense.com/widerrufsrecht/. The right of withdrawal is excluded for the delivery of sealed products if the seal has been broken or damaged.

16. Consent to Direct Marketing

The customer agrees that SteadySense GmbH may use their contact details for customer care and marketing purposes, exclusively for its own products and services. This means the customer may receive updates or current product information. The customer may withdraw their consent to receiving such information at any time by sending an email to hello@femsense.com or by post to SteadySense GmbH, Johann-Schreiner-Strasse 3, 8074 Raaba-Grambach.

17. Changes to these Terms and Conditions

SteadySense GmbH reserves the right to change or modify these Terms and Conditions at any time at its sole discretion, or to add or remove parts of the Terms of Use. The currently valid version will be published on the website, and it is the customer’s responsibility to regularly check for any updates.

18. Severability Clause

If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that most closely reflects the economic intent and purpose of the invalid provision. The same applies to any potential contractual gaps.

19. Contract Language

German and English are the languages available for inquiries, declarations of intent concerning the contractual content, and the conclusion of the contract.

20. Arbitration Board

In the event of a dispute, we are committed to participating in the dispute resolution process offered by the Internet Ombudsstelle.

www.ombudsstelle.at

Further information www.ombudsstelle.at. The ODR (Online Dispute Resolution) platform provided by the European Commission can also be used to resolve disputes with our company.

Contact: https://ec.europa.eu/consumers/odr

Email-address: office@steadysense.at

21. Jurisdiction and Applicable Law

The contracting parties agree that Austrian law shall apply. If the consumer is domiciled, habitually resident, or employed in Austria, legal action may only be brought against them in the court having jurisdiction over the district in which the domicile, habitual residence, or place of employment is located; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods (CISG) and all related provisions are expressly excluded. For contracts with businesses, the place of jurisdiction shall be our company’s registered office.

01.03.2025