Terms and conditions

Terms and conditions
General Terms and Conditions (GT&C) of VivoSensMedical GmbH for sales contracts concluded with
consumers (private customers).
The following general terms and conditions apply to all sales contracts concluded via the online shop
www.ovularing.com between VivoSensMedical GmbH, Limburgerstr. 74 C, 04229 Leipzig, Germany
(VivoSensMedical) and the buyer (hereinafter referred to as “you”).
1.SCOPE AND DEFINITION
1.1 The business relationship between VivoSensMedical (“us”) and the customer (“you”) is
exclusively subject to the following GT&C in their version valid at the time of the online order.
Deviating individual agreements shall only apply where these are agreed in writing.
1.2 Our offer is aimed at consumers as defined by § 13 BGB – German Civil Code. You are a
consumer, to the extent that the purpose of the ordered goods and services cannot be primarily
attributed to your commercial or independent professional activity. In contrast, you are a
businessperson as per § 14 BGB if you are acting in your commercial or professional capacity at the
time of concluding the contract.
2.PRODUCT DESCRIPTION, MANUFACTURER INFORMATION AND PERIOD OF APPLICATION
OvulaRing starter packages and application extension
2.1 OvulaRing comprises a plastic ring, a biosensor, an app and the possibility of evaluation using
web-based software. This evaluation software is available to you on a virtual server at
www.myovularing.com, provided by us. Please refer to our privacy policy for the use of the app and
evaluation software (Section 12).
We offer starter or follow-up packages for 6, 12 or 24 months at www.ovularing.com. With these
packages, you acquire the possibility to use OvulaRing including, 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 of Leipzig Local Court under HRB 27028.
2.3 In addition, we handle the distribution of OvulaRing. Sales contracts in these countries that are
concluded via the online shop www.ovularing.com are made between you and us.
2.4 With the delivery of the product package that you have selected, including the operating
instructions, you will receive your access data 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 OvulaRing app and, if desired, supplement this information in the
evaluation software and/or the app to include it in the temperature data evaluation. After the
selected application period (6, 12, or 24 months) has expired, uploading or supplementing
information is no longer possible.
(b) The selected application period (6, 12 or 24 months) begins on the day 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 send the 6-month starter package you ordered on April 15, for example, the
application period (regardless of when you first use the biosensor and record temperature data) ends
on November 15. If you use 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 makes it impossible for you to use OvulaRing, you may
pause your application. Application pauses are always possible for full application months only. For
example, if you have ordered a 12-month package and started your application on July 15 and inform
us on September 25 that you want to pause your application, we will record an application pause
from October 15 and credit you with 9 months of application time. If you inform us of the application
pause by September 15, we will credit you with 10 months of application time. Depending on how
long you pause, you may need a replacement sensor at a service fee of €129.00 each. An application
pause can be activated via the OvulaRing app.
NOTE! The pause can only be granted for the application time, not for a potential monthly
installment payment. If you have chosen monthly installment payment when purchasing OvulaRing
from one of the providers such as Klarna, PayPal, or Novalnet, the installment payment will continue
during a pause. VivoSensMedical has no influence and no possibility to stop or pause the installment
payment in this case.
2.5 After the end of the application period (as described in Section 2.4(b)), your OvulaRing account
will remain active for an additional 24 months. During this period, the application can be resumed by
extension. The temperature data collected during this time will be retained and provided to you by
the manufacturer through the evaluation software myovularing. You have the option to save these
data locally, for example, on a data storage device. Upon request, we are happy to provide your
temperature data in a commonly readable .csv format for your personal use. After the
aforementioned 24 months, the cycle data collected by VivoSensMedical GmbH will be retained for
further research purposes without any personal reference. The connection to the user’s personal
data will be deleted. The temperature data will then only be available in an anonymous form,
meaning that associating the temperature data with a specific user will be impossible from that point
on.
Cycle Consultation
2.6 As part of the use of the OvulaRing service, we offer the following cycle consultation services:
(a) An individual written cycle evaluation of your data in the “myovularing.com” software and the
OvulaRing app.
(b) A personal evaluation every six months or every 6 months of usage for cycle evaluation by a cycle
expert. The evaluation will be provided in writing and can be supplemented by a telephone
conversation if needed. An individual appointment will be scheduled for the call, which will be
conducted via telephone and will last approximately 15 minutes. During the evaluation, the customer
will receive an individual overview of their cycle health, hormonal relationships, and answers to
potential questions about the female cycle. Please note that this is not medical advice.
Fertility Consultation
2.7 In the fertility consultation with OvulaRing cycle experts, the customer will receive an overview of
hormonal relationships and factors that can facilitate or hinder conception. Concrete steps that the
customer can take to fulfill their desire for a child will be discussed. Please note that this consultation
does not constitute medical advice in the traditional sense.
2.8 In the fertility consultation, the consultants will answer your inquiries with great care and
diligence. However, it is an active and self-responsible process on the part of the customer, where
the consultants act as process facilitators and provide support for decisions and changes. The actual
work of change is done by the customer. Therefore, certain successes cannot be guaranteed by the
consultants. As such, no liability can be assumed for the success of the consultation or for potential
negative consequences.
2.9 The OvulaRing fertility consultation service does not replace medical examinations and
consultations with a gynecologist in the traditional sense. The consultation cannot replace necessary
medical diagnosis or treatment under any circumstances.
3 CONCLUSION OF THE CONTRACT
3.1 During the order process, please observe the on-screen instructions that will guide you through
the ordering process. The ordering process works as follows:
OvulaRing Starter Packages 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) Choose a payment method and fill out the “Billing Details” form.
(c) You must then confirm by clicking a checkbox that you accept the GTC and privacy policy and have
read the cancellation policy.
(d) Only after confirming our GTC, privacy policy, and cancellation policy can you click “Buy Now.”
OvulaRing Fertility Consultation
(a) Select an OvulaRing consultation product and click on the “Book Appointment” button.
(b) You will then be taken to a calendar with available appointments. Choose an available
appointment and click the “Book Now” button.
(c) Choose a payment method and fill out the “Billing Details” form.
(d) You must then confirm by clicking a checkbox that you accept the GTC and privacy policy and
have read the cancellation policy.
(e) Only after confirming our GTC, privacy policy, and cancellation policy can you click “Buy Now.”
By clicking the “Buy Now” button, a purchase agreement is concluded between us and you for the
products contained in your shopping cart. The order preview, GTC, cancellation policy, and privacy
notices can be electronically saved and/or printed before submitting your order.
3.2 We will promptly confirm the receipt of your order and the purchase agreement electronically via
email to the email address provided during the ordering process. This email will retransmit the
contract text (consisting of the order and the applicable GTC and privacy notices) and attach the
cancellation policy as a .pdf. Please note that on our website, we only provide the currently
applicable version of the GTC and privacy notices. However, the GTC and privacy notices in effect at
the time of your order will always apply. We do not store the contract text for your order.
3.3 The contract is concluded in the German language.
4 SHIPPING AND DELIVERY
4.1 We ship our products via DHL standard shipping. For orders from Germany, we can typically ship
our products within 3-5 business days (Monday-Friday) after receiving payment. In any case, the
delivery will be made within the delivery time specified by us in the order confirmation (Section 3.2).
4.2 In the event of delays that we could not foresee at the time of contract conclusion and for which
we are not responsible, we will promptly inform you of this circumstance and let you know when you
can expect the delivery. In this case, the delivery period will be extended accordingly by the duration
of the hindrance to delivery, provided this is reasonable for you. If this delay circumstance persists
for more than 4 weeks, both you and we are entitled to withdraw. If we withdraw, we will naturally
refund any payments already made.
4.3 We are entitled to make partial deliveries and partial performances as long as this is reasonable
for you. The battery in the biosensor has a limited lifespan. Depending on the length of the booked
application, multiple sensor and plastic ring deliveries will be made. For example, 12-month packages
typically receive two separate deliveries, each for 6 months, to ensure the durability of the products.
(The first delivery includes a biosensor, 12 plastic rings, and accessories; the second delivery includes
a new biosensor and accessories).
4.4 Shipping within Germany is free of charge. Shipping to European countries costs €15.00 per
delivery.
5 PRICES
5.1 The prices stated in our webshop are final prices in euros, including statutory value-added tax.
5.2 In our webshop, we provide both the total price for your order and, to facilitate price
comparison, the resulting monthly costs.
6.TERMS OF PAYMENT
6.1 For the processing of payment transactions via invoice, direct debit, credit card and payment
instalments we work with the following providers:
Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden
PayPal (Europe) S.à r.l. et Cie, S.C.A. (paypal.de) 22-24 Boulevard Royal L-2449 Luxembourg
6.2 Payment of the total amount for the 3 or 12-month packages can be made via the following
payment options:
•Transfer in advance directly to the account of VivoSensMedical
•PayPal direct transfer
•Direct debit via PayPal
•Credit card via PayPal
•Purchase on account via Paypal
•Purchase on account via Klarna
•Direct debit via Klarna
•Credit card via Klarna
•Payment in instalments via Klarna plus charges depending on instalment amounts and duration
•Visa – Novalnet
•SEPA direct debit Installment – Novalnet
•Instant bank transfer – Novalnet
•Cash-payments – Novalnet
•GiroPay – Novalnet
•Invoice with payment guarantee – Novalnet
•SEPA direct debit Installment guarantee – Novalnet
•Installment payment by invoice – Novalnet
6.3 If you choose one of the payment options of the provider PayPal, Klarna or Novalnet, the
respective GT&C and data protection notices of the provider apply. The GT&C and data protection
notices of the providers can be found at the following links:
Klarna
https://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/checkout/
https://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/privacy/
PayPal
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE
https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en_DE
Novalnet
https://www.novalnet.com/privacy-policy/
6.4 If you decide on the payment form instalments via Klarna, Paypal or Klarna as provider, further
charges are incurred. These depend on the individually-selected instalment amount and the
individual duration of the instalment agreement. Detailed information regarding the conditions can
be found on the websites of the providers.
6.5 You shall only be entitled to rights to offset and retain payment where your counter claims have
been legally determined or not disputed by us or recognised by us. In addition, you shall be entitled
to offset and retain payments regarding our claims where you enforce notification of defects or
counter claims from the same contract.
7.RETENTION OF TITLE
We retain title to the product until complete payment has been effected.
8.WARRANTY
8.1 OvulaRing has been produced and tested in accordance with the statutory requirements
applicable in Germany and thereby complies with all possibilities open to the manufacturer to avoid
health risks.
To ensure safe use, please read and observe the instructions for use enclosed to the product. We
shall not be liable for limitations to the system that are the result of improper use or incorrect
operation or defective cleaning.
8.2 Where a defect exists we shall be liable in accordance with the terms of §§ 434 et seq. BGB, to
the extent that no restrictions arise from the following clauses.
8.3 Should you note a defect, inform us of this without delay (see figure 11.2). We shall rectify the
defect (improvement) or supply a product free from defects (subsequent delivery), at your
discretion. This shall not apply where the requested form of supplementary performance cannot be
reasonably expected of us, for example where it is associated with disproportionate costs. You must
grant us a reasonable time period for supplementary performance. During this time you shall not be
entitled to reduce the purchase price or withdraw from the contract.
8.4 If, despite two improvements, the defect has not been rectified, we do not intend to provide
supplementary performance or are not able to do so, if this fails to occur within a reasonable period
of time or if the supplementary performance fails for whatever reason, you may choose – where the
defect is not merely insignificant – to withdraw from the contract or demand a corresponding
reduction in the purchase price (reduction).
8.5 Regarding the web-based evaluation software:
(a) We guarantee an annual average availability of the web-based evaluation software of 95%.
Warranty claimsdo not exist in the case of short-term unavailability of the software. During the
period of application we assumefunctioning access to your account and thereby the provision of
performance on our part so long as you do notreport a malfunction to us or the manufacturer.
(b)The availability rate of 95% does not include downtime arising from maintenance, service and
updatingwork announced in advance in good time (at least 48 h) or from technical or other problems
that are beyondour influence (e.g. force majeure, loss of network and services of the host). As a rule,
maintenance, service andupdating work takes place at the weekends between Saturday 12:00 and
Sunday 12:00 or at night on anyweekday in the time from 11:00 pm to 06:00 am the next morning. In
exceptional cases a system maintenancemay be carried out at all other times, whereby the
impairment of use shall be kept as low as possible.
(c)We are entitled to limit access to the evaluation software services where this is necessary for the
security ofthe network operation, the maintaining of network integrity (in particular the avoidance of
significantdisruptions in the network, the software or data stored).
8.6 In case 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 and damage.
9. LIABILITY
9.1 Our liability (including the liability for our legal representatives and agents) is limited to intent
and gross negligence.
This does not apply to:
(a) in the case of damage to life, limb or health
(b) for claims against breach of cardinal duties, i.e. duties that arise from the nature of the contract
and thebreach of which endangers achievement of the contractual purpose
(c) for claims under product liability law and
(d) for claims based on wilful deceit.
9.2 Contents of the telephone consultation, as well as information and advice are carefully selected
and carried out according to the current state of knowledge. However, the consultants assume no
liability for the accuracy, timeliness and completeness of the information and advice. The consultants
do not assume any liability for the utilization of the acquired knowledge. All opinions and information
serve exclusively to inform the client and do not establish any liability obligation.
9.3 The contracts concluded in the fertility consultation 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 specific result. In particular, the consultants do not owe a certain economic and
health result. Opinions, information, advice and recommendations prepare the decision of the
customer. They can in no case replace it.
9.4 In the case of breach of key contractual obligations, we shall only be liable for typical contractual
and foreseeable damage where this has been caused negligently, unless this involves a claim for
compensation on the part of the customer from damage to life, limb or health.
10.CUSTOMER SERVICE
10.1 For general inquiries about the product, our customer service can be reached through a central
service request on our website at: https://ovularing.com/service
10.2 In case of a complaint about the product delivered by us, we kindly request that you provide us
with the following information for the inspection of your request for subsequent performance:
•Name, address and customer number
•Reasons for complaint
•Use-by date of product
•LOT no. of outer packing of the article(s) subject to complaint
You can send us an email at info@ovularing.com or contact us by mail (VivoSensMedical GmbH,
Limburgerstr. 74 C, 04229 Leipzig, Germany).
10.3 If, following a notification of defect as per figure 10.3, we request that you sent us the product
complained about, please send this directly to the business address stated above.
11.DATA PROTECTION
The data protection terms of VivoSensMedical GmbH apply for the processing of personal data.
These may be found at https://ovularing.com/en/service/data-protection-and-privacy/. By agreeing
to these GT&Cs the orderer expressly agrees to the collection, processing and use of personal data to
a regulated scope of the privacy policy.
12.SETTLEMENT OF DISPUTES
12.1 We are neither obliged nor prepared to participate in arbitration proceedings before a
consumer arbitration body.
12.2 The European Commission provides a platform for the online out-of-court settlement of
disputes, which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address can be
found in our legal information.
13.RIGHT OF REVOCATION
13.1 You are entitled to a statutory right of revocation, about which we inform you as follows, in
accordance with the statutory terms:
Revocation
You have the right to revoke this contract within fourteen days, without statement of reason.
The revocation period is fourteen days from the day on which you or a third party designated by you,
who is not the carrier, have taken possession of the goods.
To exercise your right of revocation you are required to inform us, VivoSensMedical GmbH,
Limburgerstr. 74 C, 04229 Leipzig, Germany, e-mail: info@ovularing.com via a clear declaration (e.g.
posted letter, fax or e-mail), of your decision to revoke this contract. You may use the enclosed
sample revocation form for this purpose, but this is not obligatory.
To observe the revocation deadline it is sufficient for you to send us the notification of your decision
to exercise your right of revocation before the ending of the revocation period.
Consequences of revocation
If you revoke this contract, we shall be obliged to repay all payments that we have received from
you, including shipping costs (with the exception of the additional costs arising from the fact that you
have selected a different form of shipping to the reasonably-priced, standard shipping that we offer),
without delay and at the latest within fourteen days from the day on which we receive your
notification of revocation of this contract. For this repayment we use the same form of payment that
you have employed in the original transaction, unless otherwise expressly agreed with you; in no
case will you be charged for this repayment.
We may refuse repayment until the goods have been received back or you have provided proof that
you have sent the goods back, depending on which is soonest.
You are to send the goods back to us or hand them over without delay and in any case at the latest
within fourteen days of the day on which you inform us of the revocation of this contract. The
deadline is met where the goods are sent prior to the ending of the fourteen-day period.
You shall bear the indirect costs of returning the goods.
You shall only be required to bear any loss of value of the goods where this loss of value is due to
treatment of the goods that is not required for the examination of quality, characteristics and
function of the goods.
13.2 According to statutory requirements, we inform you of the sample revocation form as follows:
Sample revocation form
(If you wish to revoke the contract, please complete the enclosed form and return it to us.)
To:
VivoSensMedical
Limburgerstr. 74 C
04229 Leipzig Germany
E-mail: info@ovularing.com
I/we hereby revoke the contract that I/we have concluded for the purchase of the following goods…
Ordered on…, received on…
Name of consumer
Address of consumer
Consumer’s bank account details (for advance payment)
Signature of consumer
Date
13.3 The right of revocation is excluded for the delivery of sealed products – here the plastic rings,
the biosensor and the alcohol pads – that for reason of the protection of health or hygiene are not
suitable for return if their seal has been removed after delivery.
14.MONEY-BACK GUARANTEE
If you use OvulaRing for at least 3 months and OvulaRing cannot detect any ovulation during your
time of application use, you will get your money back.
In order to be eligible for the money back guarantee, the following conditions must be met:
•You must have worn OvulaRing continuously for at least 3 months.
•Recording gaps must not have been greater than one hour a day, with the exception of the time
ofyour periods.
•In each cycle you have started using OvulaRing on the 6th day of the cycle at the latest.
•OvulaRing has not indicated even one ovulation during your time of application.
• You must not be older than 45 years.
• You have to request at least one cycle consultation and have released your cycles to the OvulaRing
service.
If these conditions are met, the following procedure applies in order to be able to claim the right to
the money-back guarantee. Write us an email with the subject money back guarantee to
info@ovularing.com no later than 4 weeks after the end your application time. Tell us the reason
why you want to claim the money-back guarantee and send us your bank details or your PayPal
account. We will review your case within 5 working days and will contact you again if we have any
questions. If the conditions are met, we will transfer the money to you within 10 working days.
15. APPOINTMENTS AND CANCELLATION OF APPOINTMENTS FOR CYCLE AND FERTILITY COUNSELING
15.1 If a date for the provision of the service by a Consultant cannot be met due to force majeure,
illness, accident or other circumstances for which the Consultant is not responsible, the Consultant
shall be entitled to make up the service at a new date to be agreed. This shall be done to the
exclusion of any liability for damages. If a new appointment cannot be agreed between the parties
within a reasonable period of time, the Customer may withdraw from the consulting without
incurring any costs.
15.2 Appointments which are not attended without cancellation by the customer shall be deemed to
have been provided. Cancellation of telephone consulting appointments is possible free of charge on
weekdays up to 24 hours before the appointment, otherwise the fee is due in full. By making an
appointment, the customer accepts this regulation.
16. CONSENT TO DIRECT ADVERTISING
The customer agrees that VivoSensMedical GmbH may use its contact details for support and
advertising exclusively for own purposes. I.e. the orderer may be sent news or current product
information. The sending of information material may be objected to at any time via e-mail to
info@ovularing.com or post to VivoSensMedical GmbH, Limburgerstr. 74 C, 04229 Leipzig.
17. AMENDMENTS TO THESE GT&C
17.1 VivoSensMedical GmbH reserves the right to amend the GT&C at any time without statement of
reasons. The amended GT&C shall be sent to all customers at the latest two weeks prior to their
entry into effect, at the e-mail address provided. If a customer fails to object to the validity within
two weeks of receipt of the e-mail, the amended GT&C shall be deemed to have been accepted.
VivoSensMedical GmbH shall explicitly refer to the aforementioned deadline in the e-mail.
17.2 Id a customer objects to the amendments undertaken in the GT&C, the existing account at
VivoSensMedical GmbH shall be closed. Repeat registration is possible at any time, however.
17.3 The previous version of the GT&C shall continue to apply for access undertaken prior to the time
point of the amendment.
18. SEVERABILITY CLAUSE
If a term of these GT&C is invalid, this shall not affect the remainder of the terms. The invalid term is
to be replaced by a valid term that approaches the meaning and economic purpose of the invalid
term as closely as possible. The same applies for any loopholes.
Status: August 31, 2023