1.1. These General Terms and Conditions (hereinafter referred to as „GTC") apply to all orders for goods (in particular „MYnextRing" smart rings and related accessories) placed by consumers via the online shop of ilogs smartwear GmbH, Krone Platz 1, Top 2.5, 9020 Klagenfurt am Wörthersee, Austria, FN 426181 m, VAT ID: ATU69362815 (hereinafter referred to as „we" or „ilogs smartwear").
1.2. Any deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless we expressly agree to their validity in writing.
1.3. These General Terms and Conditions are intended for consumers within the meaning of the Consumer Protection Act (KSchG). For entrepreneurs, our separate Partner Terms and Conditions (B2B) apply.
2.1. The customer's contractual partner is:
2.2. Further information about us can be found in the legal notice of our online shop.
3.1. The products displayed in the online shop, in particular the MYnextRing smart rings, do not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit a purchase offer.
3.2. Product images are for illustration purposes only; colours, proportions and details may differ from the original depending on the device used. The characteristics listed in the product description are authoritative.
3.3. The use of certain functions of MYnextRing (e.g. health and fitness data, sleep tracking) requires the installation of the associated „My NextRing" app and a compatible device. The use of the app is subject to separate terms of use and data protection conditions, which are not covered by these General Terms and Conditions.
4.1. Customers can add products to their virtual shopping basket without obligation. Before submitting the order, the data entered can be changed and checked at any time.
4.2. By clicking on the order button („order with obligation to pay" or similarly clearly worded), customers submit a binding offer to conclude a purchase contract for the goods contained in the shopping basket.
4.3. After submitting their order, customers will automatically receive an email confirming receipt of the order (order confirmation). This order confirmation does not constitute acceptance of the offer, but merely provides information about the receipt of the order.
4.4. The contract shall only come into effect when we accept the customer's offer by means of an express declaration of acceptance by email (order confirmation) or by dispatching the ordered goods – whichever occurs first.
4.5. The contract language is German (optional: and English for international customers).
4.6. We store the contract text. Customers receive the order and contract data, including the General Terms and Conditions, in text form (e.g. by email).
5.1. All prices quoted in the online shop are displayed in the respective currency (primarily EUR, but also CHF or other currencies where applicable) and, unless otherwise stated, include statutory value added tax.
5.2. In addition to the prices quoted, shipping costs may apply. The amount of the shipping costs will be shown separately during the ordering process before the order is submitted.
5.3. Delivery will be made to the delivery address specified by the customer in the delivery countries listed in the online shop. Any restrictions (e.g. no shipping to certain countries) will be displayed during the ordering process.
5.4. Unless otherwise agreed, delivery shall be made from our warehouse or from the warehouse of a logistics partner commissioned by us to the customer's delivery address.
5.5. Information on delivery times can be found in the respective product description or during the ordering process. If, in exceptional cases, no binding delivery date has been promised, the delivery times are approximate. We will inform customers immediately of any delays.
5.6. For consumers, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the consumer or to a third party designated by the consumer who is not the carrier upon delivery of the goods.
6.1. The payment methods available in the online shop (e.g. credit card, PayPal, instant bank transfer, payment via payment service providers, etc.) are displayed during the ordering process. We reserve the right to exclude individual payment methods in specific cases.
6.2. Unless otherwise specified, the purchase price is due immediately upon conclusion of the contract.
6.3. If the customer defaults on payment, we are entitled to charge statutory default interest. Any reminder and collection fees within the legally permissible scope may be passed on to the customer.
7.1. The delivered goods remain our property until all claims arising from the respective purchase contract have been paid in full.
7.2. Prior to the transfer of ownership, pledging, transfer by way of security, processing or alteration is not permitted without our express consent.
8.1. The MYnextRing smart ring is designed for use in conjunction with the „My NextRing" app. Downloading and using the app may be subject to additional terms and conditions of the respective app marketplaces (Apple App Store, Google Play Store, etc.).
8.2. The use of the app itself may be subject to separate terms of use and a privacy policy, which are provided within the app or on our website. These are not covered by these terms and conditions.
8.3. Under the terms of the purchase agreement, we are responsible for delivering the hardware (smart ring and any accessories). Any additional digital services, analyses or software functions may be subject to separate agreements.
Note: This section applies exclusively to consumers within the meaning of the Consumer Protection Act (KSchG) if the contract is concluded via distance selling (e.g. via our online shop).
9.1. Right of withdrawal
9.1.1. Consumers have the right to withdraw from a contract concluded via our online shop within 14 days without giving reasons.
9.1.2. The withdrawal period is: for sales contracts for goods, 14 days from the day on which the consumer or a third party designated by the consumer, who is not the carrier, took possession of the goods; if several goods are ordered as part of a single order and delivered separately, 14 days from the day on which the consumer or a third party designated by them took possession of the last goods.
9.1.3. To exercise the right of withdrawal, consumers must inform us (ilogs smartwear GmbH, contact details see point 2) of their decision to withdraw from this contract by means of a clear statement (e.g. by letter or email). To meet the deadline, it is sufficient for the notification to be sent before the expiry of the withdrawal period.
9.2. Consequences of revocation
9.2.1. If consumers withdraw from this contract, we shall reimburse all payments we have received from them, including standard delivery costs (with the exception of additional costs incurred as a result of choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we receive notification of the withdrawal.
9.2.2. We will use the same means of payment for this refund as the consumer used for the original transaction, unless expressly agreed otherwise; in no event will you be charged for this refund.
9.2.3. We may refuse to refund until we have received the goods back or until the consumer has provided proof that they have returned the goods, whichever is earlier.
9.2.4. The consumer must return or hand over the goods to us immediately and in any case no later than 14 days from the date on which he/she informs us of the cancellation of this contract. The deadline is met if the goods are dispatched before the deadline expires.
9.2.5. The immediate costs of returning the goods shall be borne by the consumer, unless otherwise agreed in the order process or in the contract.
9.2.6. The consumer 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 goes beyond the examination of their condition, properties and functionality.
9.3. Exclusion or premature expiry of the right of withdrawal
The right of withdrawal may be excluded by law or expire prematurely in certain cases, e.g. for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs.
9.4. Sample withdrawal form
Consumers may use the following form to withdraw from the contract; however, its use is not mandatory.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to:)
ilogs smartwear GmbH
Crown 1st place, Top 2.5
9020 Klagenfurt am Wörthersee
Austria
Email: support@mynextring.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Ordered item(s):
Order date:
Received on:
Name of consumer(s):
Address of the consumer:
Date:
Signature of the consumer (only for paper notifications):
10.1. The statutory warranty provisions of Austrian law apply. The warranty period for consumers is generally two years from the date of delivery of the goods.
10.2. An additional manufacturer's warranty only applies if it is expressly stated for the respective item. Details can then be found in the warranty conditions of the respective manufacturer.
10.3. Any guarantees shall not affect statutory warranty claims.
11.1. We shall be liable without limitation for damages resulting from injury to life, limb or health caused by intentional or negligent breach of duty on our part, on the part of our legal representatives or vicarious agents.
11.2. We shall only be liable for other damages in cases of intent and gross negligence. In cases of slight negligence, we shall only be liable for breaches of essential contractual obligations (cardinal obligations); in such cases, liability shall be limited to typically foreseeable damages.
11.3. Liability under the Product Liability Act remains unaffected.
11.4. We shall only be liable for malfunctions or failures attributable to improper use, incompatible end devices, third-party software or changes to the hardware/app by the customer within the scope of the above principles.
12.1. Personal data is processed in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
12.2. Detailed information on the processing of personal data, particularly in connection with the online shop and use of the „My NextRing" app, is provided in our privacy policy, which is available on our website.
13.1. All content, text, images, trademarks and logos used in the online shop are protected by copyright and trademark law and may not be used, reproduced or published without our express consent.
13.2. Customers shall not acquire any rights to software, trademarks or other intellectual property rights, except to the extent that this is absolutely necessary for the contractual use of the goods and, where applicable, the app.
14.1. The European Commission provides a platform for online dispute resolution (ODR). Consumers have the option of using this platform to resolve disputes arising from online sales contracts.
14.2. We endeavour to resolve any differences amicably. Our email address for complaints is: support@mynextring.com.
14.3. Furthermore, consumers may contact recognised arbitration bodies and consumer protection organisations.
15.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2. With regard to consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
15.3. Mandatory legal jurisdictions for consumers remain unaffected.
16.1. Amendments and additions to the contract, including these General Terms and Conditions, must be made in writing (e.g. by email), unless mandatory statutory provisions dictate otherwise.
16.2. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the corresponding statutory provision.
16.3. The current version of these General Terms and Conditions is available in the online shop.
