1.1 These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 1 KSchG) in the online shop of ilogs smartwear GmbH, Krone Platz 1, 9020 Klagenfurt am Wörthersee, Austria, FN 426181 m, Commercial Register Court Klagenfurt, UID: ATU69362815, e-mail: office@mynextring.com | support@mynextring.com, telephone: +43 463 305 003 - 7 (hereinafter "ilogs", "we" or "provider").
1.2 Deviating terms and conditions of the customer shall not apply unless we expressly agree to their validity in writing.
1.3 The GTC govern the purchase of the Smartring MYnextRING or Nextring (hardware) as well as the booking and use of optional additional digital functions/upgrades (e.g. extended analyses, cloud services, in-app purchases). The Terms of Use/EULA for the app and our Privacy Policy also apply.
2.1 The presentation of the products in the online shop is a binding offer. By clicking on the "Buy" button, you accept this offer; the contract is concluded immediately. You will receive an order confirmation by e-mail.
2.2 The ordering process, correction options and technical steps are clearly described in the shop. We do not store the contract text in a permanently retrievable form; you can print or save the order data immediately after completion.
3.1 All prices are quoted in euros and include - where applicable - statutory VAT. For deliveries to Switzerland (CH) and the United Kingdom (UK), prices are shown in local currency (CHF or GBP); any customs duties, taxes and fees of the importing country shall be borne by the customer, unless otherwise stated in the order process.
3.2 In addition, shipping costs may be incurred, which are displayed in the ordering process.
3.3 Accepted payment methods (e.g. credit card, Sofort, PayPal, Apple/Google Pay, invoice/Klarna) are shown in the shop. We reserve the right to exclude payment methods for each order.
3.4 In the case of digital content/upgrades, the service is generally provided immediately after conclusion of the contract or payment. Subscriptions are not offered; all upgrades are one-off purchases and are valid for an indefinite period (see section 7).
4.1 Deliveries are made to the address you specify in the countries indicated in the shop. The delivery times stated are estimated times.
4.2 Transfer of risk: In the case of consumers, the risk of accidental loss/deterioration shall not pass until the goods are handed over.
4.3 The goods shall remain our property until full payment has been made.
5.1 In the case of distance selling contracts, you have a 14-day right of cancellation in accordance with the cancellation policy in Appendix 1.
5.2 Notes on returns & depreciation: We do not make any exceptions due to hygiene. However, please note: heavily used or damaged goods (e.g. scratched rings), missing/damaged essential components, severely damaged packaging (if part of the scope of delivery) may result in compensation or even rejection of the return if the loss in value is due to handling that was not necessary to check the condition, properties and functionality. Your statutory rights remain unaffected.
6.1 Promotional vouchers are bound to the advertised conditions, are non-transferable, non-payable and generally limited in time.
7.1 The associated MYnextRING app and a compatible end device are required to use the ring. Compatibility requirements are specified in the shop/app.
7.2 Additional digital functions/upgrades are only offered as a one-off purchase; no subscriptions. Once activated, upgrades are valid indefinitely for the respective user account/ring, subject to sections 7.3 and 7.4.
7.3 Changes to services: We may make reasonable changes to digital functions for objective reasons (e.g. security, performance, adaptation to technical/legal requirements), provided that the essential contractual obligations are maintained. If the disadvantages are not insignificant, we will inform you in good time; you may have a special right of cancellation/cancellation with regard to the affected upgrade.
7.4 Updates: We will provide security and necessary functional updates for a reasonable period of time. You are obliged to install available updates where reasonable; if you fail to do so, we shall not be liable for any resulting defects.
7.5 Note: The ring is not a medical device and does not replace medical advice, unless expressly stated otherwise. Measured values may be subject to fluctuations.
8.1 The statutory warranty rights apply (for consumers: 24 months from handover; for B2B, see Partner GTC).
8.2 For the avoidance of doubt, the following applies to consumers: normal wear and tear as well as the usual reduction in battery capacity over time do not constitute a defect; in this respect, there are no warranty claims.
8.2 Guarantee (voluntary): We also grant an additional Manufacturer's warranty of 12 months on the Smartring from the date of delivery. Excluded from the guarantee are in particular Wear and tear parts (e.g. rechargeable battery/battery), Normal wear and tear/ageing and the Reduction in battery life/battery capacity to be normally expecteddamage caused by improper useviolent impact on the product, Modifications or External interventions. Legal rights (in particular warranty) remain unaffected.
9.1 We shall be liable without limitation in cases of intent and gross negligence, personal injury and under the Product Liability Act.
9.2 In the event of slight negligence, we shall only be liable in the event of a breach of material contractual obligations (cardinal obligations); liability shall then be limited to the foreseeable damage typical of the contract. Liability is otherwise excluded.
10.1 You are obliged to keep access data secret and to inform us immediately in the event of suspected misuse. We may temporarily block accounts for good cause.
11.1 Information on the processing of personal data can be found in our privacy policy. For enquiries, please contact us at datenschutz@mynextring.com; support enquiries to support@mynextring.com.
12.1 The European Commission provides a platform for online dispute resolution (OS). We are generally not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board, unless required by law.
13.1 Austrian law shall apply to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods; in the case of consumers with their habitual residence in the EU, mandatory consumer protection provisions of their country of residence shall remain unaffected.
13.2 The place of fulfilment and jurisdiction (insofar as legally permissible) is Klagenfurt am Wörthersee. Mandatory places of jurisdiction - in particular for consumers - shall remain unaffected.
You have the right to cancel this contract within fourteen days without giving any reason. The period begins with the receipt of goods, in the case of several goods with the receipt of the last goods, in the case of digital content from the conclusion of the contract.
To exercise the right to cancel, please inform us (ilogs smartwear GmbH, Krone Platz 1, 9020 Klagenfurt am Wörthersee, Austria, e-mail: widerruf@mynextring.com) of your decision by a clear statement (e.g. e-mail).
Consequences of cancellation: Refund of all payments including standard delivery costs within 14 days of receipt of the notice of cancellation. We may refuse to refund until the goods have been returned or proof of return has been provided. Goods must be returned within 14 days; unless otherwise stated in the shop, you shall bear the direct return costs. Obligation to pay compensation for excessive use/damage.
To:
ilogs smartwear GmbH
Crown place 1
9020 Klagenfurt am Wörthersee
Austria
E-mail: widerruf@mynextring.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
- Ordered on (*)/received on (*):
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only for notification on paper):
- Date:
(*) Delete as appropriate.
Digital upgrades are activated in the account/app after purchase and are valid indefinitely. Minimum requirements: compatible end device, current operating system version, internet connection.
Security and troubleshooting updates are provided for a reasonable period of time; significant functional changes trigger information and, if applicable, cancellation rights.
ilogs smartwear GmbH, Krone Platz 1, 9020 Klagenfurt am Wörthersee, Austria
Management: Dr Walter Liebhart | company register: FN 426181 m, company register court: Klagenfurt | UID no.: ATU69362815
