The following General Terms and Conditions (GTC) apply to all purchase contracts concluded via the online shop www.ovularing.com between VivoSensMedical GmbH, Limburgerstr. 74 C, 04229, Germany (VivoSensMedical) and the purchasers (hereinafter referred to as “you”).
1.1 The business relationship between VivoSensMedical (“us”) and the customer (“you”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the online order. Deviating individual agreements shall only apply if we have agreed to them in writing.
1.2 Our offer is aimed at consumers within the meaning of § 13 BGB (German Civil Code). You are a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to your commercial or self-employed professional activity. In contrast, you are an entrepreneur within the meaning of § 14 BGB if you are acting in the exercise of your commercial or self-employed professional activity when concluding the contract.
OvulaRing starter packs and application refills
2.1 OvulaRing consists of a plastic ring, a biosensor, an app, and the option of evaluation using web-based software. This evaluation software is available to you on a virtual server at www.myovularing.com. The website www.myovularing.com is provided by us. Please note our privacy policy (Section 12) when using the app and the evaluation software.
At www.ovularing.com, we offer starter or follow-up order packages for 6, 12, or 24 months. With these packages, you can purchase the OvulaRing, including the evaluation software, for 6, 12, or 24 months.
2.2 VivoSensMedical GmbH is the manufacturer of OvulaRing. The company is registered in the commercial register at Leipzig Local Court under HRB 27028.
2.3 In addition, we handle sales for OvulaRing. Purchase agreements concluded via the online shop ovularing.com/ovularing-shop are concluded between you and us.
2.4 Upon delivery of your selected product package and user manual, you will receive your login details for your personal account on “myovularing.com” or for the OvulaRing app.
(a) During the application period you have selected, you can upload your temperature data from your biosensor using the app and, if desired, add information in the evaluation software and/or the app to include it in the evaluation of the temperature data. Once the application period you have selected (6, 12, or 24 months) has expired, it will no longer be possible to upload or add information.
(b) The selected application period (6, 12, or 24 months) begins on the day on which the first temperature data is recorded with the biosensor, but no later than one month after the shipping date of your OvulaRing package. If we ship the 6-month starter package you ordered on April 15, the application period will end on November 15 at the latest (regardless of when you first use the biosensor and record temperature data). If you insert the biosensor immediately after receiving the package, e.g. on April 20, the application period ends on October 20.
(c) In the event of pregnancy or illness that prevents you from using OvulaRing, you may pause your treatment. Pauses in use are only possible for full months of use. For example, if you have ordered a 12-month package and started using it on July 15 and inform us on September 25 that you would like to pause your use, we will record a pause in use from October 15 and credit you with 9 months of use. If you inform us of the pause in use by September 15, we will credit you with 10 months of use. Depending on how long you pause, you may need a replacement sensor at a service fee of €129.00 each. A pause in use can be activated via the OvulaRing app.
ATTENTION! The pause can only be granted for the application period, not for potential monthly installment payments. If you chose to pay in monthly installments when purchasing the OvulaRing from a provider such as Klarna, PayPal, or Novalnet, the installment payments will continue even during a pause. In this case, VivoSensMedical has no influence and no possibility to stop or pause the installment payments.
2.5 After the end of the application period (see section 2.4(b)), your OvulaRing account will remain active for a further 24 months. During this period, the application can be resumed by extending the subscription. The temperature data will remain stored during this period and will be made available to you by the manufacturer via the myovularing evaluation software. You have the option of storing this data locally, e.g., on a data carrier. Upon request, we will be happy to provide you with your temperature data in a generally readable .csv format for your own use.
Following the above-mentioned 24 months, the cycle data collected will be stored by VivoSensMedical GmbH for further research work without any personal reference. The reference to the user’s personal data will be deleted. The temperature data will then only be available anonymously, i.e., it will no longer be possible to assign the temperature data to a specific user.
Cycle counseling
2.6 As part of the OvulaRing service, we offer the following cycle counseling services.
a) An individual written cycle evaluation of your data in the “myovularing.com” software and in the OvulaRing app.
b) One personal evaluation per half-year or per 6 months of use for cycle evaluation by a cycle expert. The evaluation is provided in writing and can be supplemented by a telephone conversation if necessary. An individual appointment is made for the conversation, which is conducted by telephone and lasts approximately 15 minutes.
As part of the evaluation, the customer receives a personalized overview of her cycle health, hormonal relationships, and answers to potential questions about the female cycle. This is explicitly not medical advice.
Fertility counseling
2.7. During fertility counseling with OvulaRing cycle experts, the customer receives an overview of hormonal relationships and factors that can make it easier or more difficult to become pregnant. Specific steps that the customer can take herself to fulfill her desire to have children are discussed. This is not medical advice in the strict sense.
2.8. In fertility counseling, counselors will answer your questions with great care and diligence. However, it is an active, self-directed process on the part of the client, in which the counselors see themselves as facilitators and supporters in decision-making and change. The actual work of change is done by the client. Therefore, certain successes cannot be guaranteed by the counselors. No liability can therefore be accepted for the success of the counseling or for possible negative consequences.
2.9. The OvulaRing fertility counseling service does not replace examination appointments and consultations with a gynecologist in the traditional sense. The counseling cannot replace a necessary medical diagnosis or treatment under any circumstances.
3.1 During the ordering process, please follow the instructions on the screen, which will guide you through the order. The ordering process works as follows:
OvulaRing starter packs or application extensions
(a) Select an OvulaRing package and click on the “Order” button. The product will then be added to your shopping cart.
(b) Select a payment method and fill out the “Invoice Details” form.
(c) You must then confirm that you accept the terms and conditions and privacy policy and have read the cancellation policy by clicking on a checkbox.
(d) Only after confirming our terms and conditions, privacy policy, and cancellation policy can you click on “Buy now.”
OvulaRing fertility counseling
(a) Select an OvulaRing consultation product and click on the “Book appointment” button.
(b) You will now be taken to the calendar with the available dates. Select an available date and click on the “Book now” button.
(c) Select a payment method and fill out the “Invoice Details” form.
(d) You must then confirm that you accept the terms and conditions and privacy policy and have read the cancellation policy by clicking a checkbox.
(e) Only after confirming our Terms and Conditions, Privacy Policy, and Cancellation Policy can you click on “Buy Now.” By clicking on the “Buy Now” button, a purchase contract between us and you is concluded for the products contained in the shopping cart. You can save and/or print the order preview, the terms and conditions, the cancellation policy, and the privacy policy electronically before submitting your order.
3.2 We will immediately confirm receipt of your order and the purchase contract electronically by email to the email address provided during the ordering process. With this email, we will send you the contract text (consisting of the order and the terms and conditions and privacy policy applicable to you) again and attach the cancellation policy as a PDF file. Please note that we only provide the current version of the terms and conditions and privacy policy on our website, but the terms and conditions and privacy policy applicable to you are always those in effect at the time of your order. We do not store the contract text for your order.
3.3 The contract shall be concluded in German.
4.1 We ship our products via DHL standard shipping. For orders from Germany, we can usually ship our products within 3-5 business days (Monday-Friday) after receipt of payment. In any case, delivery will be made within the delivery time specified by us in the contract confirmation (Section 3.2).
4.2 In the event of delays that we could not foresee at the time of conclusion of the contract and for which we are not responsible, we will inform you immediately of this circumstance and let you know when you can expect delivery. In this case, the delivery period shall be extended accordingly by the duration of the circumstance preventing delivery, provided this is reasonable for you. If this delay lasts longer than 4 weeks, both you and we are entitled to withdraw from the contract. If we withdraw, we will of course refund any payments already made to you without delay.
4.3 We are entitled to make partial deliveries and provide partial services, provided that this is reasonable for you. The battery in the biosensor has a limited service life. Depending on the length of the booked application, several deliveries of sensors and plastic rings will therefore be made. For the 12-month packages, for example, two separate deliveries are usually sent for 6 months each to ensure the shelf life of the products. (The first delivery contains a biosensor, 12 plastic rings, and accessories; the second delivery contains a new biosensor and accessories).
4.4 Shipping within Germany is free of charge. Shipping to other European countries costs €15.00 per delivery.
5.1 The prices stated in our online shop are final prices in euros and include statutory value added tax.
5.2 In our online shop, we display both the total price for your order and, to make it easier for you to compare prices, the monthly costs calculated from this.
6.1 We work with the following providers to process payments via invoice, direct debit, credit card, and installment purchase:
6.2 Payment of the total amount for the 6-, 12-, or 24-month packages can be made using one of the following payment methods, at your discretion:
6.3 If you choose one of the payment options via one of the providers PayPal, Klarna, or Novalnet, the respective terms and conditions and privacy policies of the provider apply. The terms and conditions and privacy policies of the providers can be found at the following links:
Klarna
Paypal
Novalnet
6.5 If you choose the installment purchase payment option via Klarna, PayPal, or Novalnet as the provider, additional fees will apply. These depend on the individually selected installment amount and the individual term of the installment agreement. Detailed information on the terms and conditions can be found on the providers’ websites.
6.6 Rights of set‑off and retention are only available to you if your counterclaims have been legally established or are undisputed or recognised by us. You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
We retain ownership of the product until full payment has been received.
8.1 OvulaRing is certified, manufactured, and tested in accordance with the legal regulations applicable in Germany and thus complies with all manufacturer requirements for the prevention of health risks.
To ensure safe use, please read and follow the operating instructions supplied with the product. We are not liable for damage to the system resulting from improper use, incorrect operation, or inadequate cleaning.
8.2 We shall be liable for defects in accordance with the statutory provisions of §§ 434 ff. BGB (German Civil Code), unless restrictions arise from the following.
8.3 If you notice a defect, please inform us immediately (info@ovularing.com). The statutory warranty rights apply. We may first choose to remedy the defect or deliver a defect‑free item. If the supplementary performance fails, you may reduce the purchase price or withdraw from the contract under the statutory requirements. Claims for damages exist only in accordance with Section 9.
8.4 If the defect is not remedied despite two attempts at supplementary performance, you may withdraw from the contract or reduce the purchase price. Further claims, in particular claims for damages, exist only in accordance with Section 9.
8.5 Für die webbasierte Auswertungssoftware gilt:
(a) We guarantee availability of the web‑based evaluation software of 95% on an annual average. Planned maintenance work is not included in this availability. We will announce planned maintenance in good time in advance. We are entitled to perform maintenance work between 0:00 and 6:00 (CET/CEST).
(b) Downtimes caused by force majeure, unavoidable technical faults (e.g. faults in data networks) or other circumstances for which we are not responsible are not included in the 95% availability quota. This also applies to downtimes due to maintenance work that is necessary for operational or security reasons. In addition, the availability quota does not include downtimes caused by the user’s faulty hardware/software or by incorrect operation of the app/evaluation software, as well as downtimes caused by third‑party faults (e.g. mobile network providers) or by the user’s internet connection.
(c) We are entitled to restrict access to the services of the evaluation software if this is necessary for security or capacity reasons (e.g. to ward off attacks). We will take your legitimate interests into account and inform you in advance where possible.
8.6 In the event of loss or damage to the temperature sensor caused by the customer, we offer the option of replacing the temperature sensor for a service fee of €129.00 per loss or damage.
9.1 Our liability (including liability for our legal representatives, vicarious agents, and assistants) is limited to intent and gross negligence.
This does not apply:
(a) in the event of injury to life, limb, or health
(b) for claims arising from the breach of cardinal obligations, i.e., obligations arising from the nature of the contract, the breach of which jeopardizes 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.
9.2 The contents of telephone counselling as well as information and advice are carefully selected and provided according to the current state of knowledge. However, the counsellors assume no liability for the accuracy, timeliness and completeness of the information and advice. The counsellors assume no liability for how the knowledge acquired is used. All opinions and information serve exclusively to inform the customer and do not create any liability obligation.
9.3 Contracts concluded in the context of fertility counselling are service contracts unless expressly agreed otherwise. The subject of the contract is therefore the provision of the agreed services, not the achievement of a particular result. In particular, the counsellors do not owe a specific economic or health outcome. Statements, information, advice and recommendations prepare the customer’s decision. They cannot replace it under any circumstances.
9.4 In the event of a breach of essential contractual obligations, we are liable only for the typical, foreseeable damage if it was caused by simple negligence, unless the customer’s claims for damages arise from injury to life, body or health.
10.1 For general inquiries about the product, our customer service can be reached via a central service request on our homepage at: OvulaRing Service
10.2 In the event of a complaint about the product delivered by us, we ask you to provide us with the following information with your notice of defects so that we can review your request for subsequent performance:
You can send us an email at info@ovularing.com or contact us by post (VivoSensMedical GmbH, Limburgerstr. 74 C, 04229 Leipzig, Germany).
10.3 If, after you have notified us of a defect in accordance with Section 10.3, we ask you to send us the rejected product, please send it directly to the business address given above.
When processing personal data, the data protection provisions of VivoSensMedical GmbH apply. These can be found on the website at https://ovularing.com/datenschutz. By agreeing to these Terms and Conditions, the customer expressly consents to the collection, processing and use of personal data to the extent regulated by the privacy policy.
12.1 We are neither obliged nor willing to participate in dispute resolution proceedings before a
consumer arbitration board.
12.2 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. Our email address can be found in our legal notice.
13.1 You have a statutory right of withdrawal, about which we inform you as follows in accordance with the statutory model:
Revocation
You have the right to withdraw from 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, VivoSensMedical GmbH, Limburgerstr. 74 C, 04229 Leipzig, Germany, email: info@ovularing.com, by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we received notification of your withdrawal from this contract.
We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
13.2 We provide the following information about the model withdrawal form in accordance with the statutory provisions:
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out the following form and send it back to us.)
To:
VivoSensMedical
Limburgerstr. 74 C
04229 Leipzig
Germany
E-Mail: info@ovularing.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods …
Ordered on …, received on …
Name of consumer
Address of consumer
Consumer’s account details (for advance payment)
Consumer’s signature
Date
13.3 The right of withdrawal is excluded for the delivery of sealed products—here the plastic rings, the biosensor and the alcohol pads—which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
If you use OvulaRing and OvulaRing cannot detect ovulation in a biphasic cycle during the period of use, you will receive a refund.
To claim the money-back guarantee, the following conditions must be met:
If these conditions are met, the following procedure applies in order to claim the money‑back guarantee: Send us an email with the subject “Money‑Back‑Guarantee” to info@ovularing.com no later than 4 weeks after the end of the period of use. Tell us the reason why you want to claim the money‑back guarantee and provide your bank details or your PayPal account. We will review your case within 5 working days and may contact you again if we have questions. If the conditions are met, we will transfer the money to you within 10 working days.
15.1 If an appointment for the provision of the service by a counsellor cannot be kept due to force majeure, illness, accident or other circumstances for which the counsellor is not responsible, the counsellor is entitled to provide the service at a new date to be agreed. This is done to the exclusion of any obligation to pay damages. If the parties cannot agree a new date within a reasonable time, the customer may withdraw from the counselling without incurring any costs.
15.2 Appointments that are not attended without cancellation by the customer are deemed to have been provided. Free cancellation of telephone counselling appointments is possible on working days up to 24 hours before the appointment; otherwise the fee is due in full. By scheduling an appointment, the customer accepts this regulation.
The customer agrees that VivoSensMedical GmbH may use their contact details for support and advertising exclusively for its own purposes. This means that the customer may receive news and/or current product information. The sending of information material can be objected to at any time by email to info@ovularing.com or by post to VivoSensMedical GmbH, Limburgerstr. 74 C, 04229 Leipzig, Germany.
17.1 VivoSensMedical GmbH reserves the right to amend the Terms and Conditions at any time without stating reasons. The amended Terms and Conditions will be sent to all customers to the email address on file no later than two weeks before they take effect. If a customer does not object within two weeks of receipt of the email, the amended Terms and Conditions are deemed accepted. VivoSensMedical GmbH will expressly draw attention to the above deadline in the email.
17.2 If a customer objects to the changes made to the General Terms and Conditions, their existing account with VivoSensMedical GmbH will be closed. However, they can re-register at any time.
17.3 For accounts already registered at the time of the change, the previous version of the Terms and Conditions shall continue to apply.
If any provision of these Terms and Conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed replaced by a provision that comes closest to the intent and purpose of the invalid provision in a legally effective manner. The same applies to any gaps in these Terms and Conditions.
Stand: 31. August 2023
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