General Terms and Conditions

For private customers (B2C)

1. Scope

1.1. These General Terms and Conditions (hereinafter the "Terms") apply to all orders of goods (in particular "MYnextRING" smart rings and associated 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 no.: ATU69362815 (hereinafter "we" or "ilogs smartwear").

1.2. 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 Terms are directed at consumers within the meaning of the Austrian Consumer Protection Act (KSchG). Separate partner terms and conditions (B2B) apply to businesses.

2. Contracting party, contact

2.1. The customer's contracting party is ilogs smartwear GmbH, Krone Platz 1 Top 2.5, 9020 Klagenfurt am Wörthersee, Austria (FN 426181 m, Regional Court of Klagenfurt, VAT no. ATU69362815), email: support@mynextring.com, tel.: +43 463 39 30 93.

2.2. Further information about us can be found in the legal notice of our online shop.

3. Offer and product description

3.1. The products presented 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 serve for illustration purposes; depending on the device, colours, proportions and details may deviate from the original. The characteristics stated in the respective product description are decisive.

3.3. The use of certain functions of the MYnextRING (e.g. health and fitness data, sleep tracking) requires the installation of the associated "My NextRing" app and a compatible device. Separate terms of use and privacy terms apply to the use of the app, which are not the subject of these Terms.

4. Ordering process and conclusion of contract

4.1. Customers can place products in the virtual basket without obligation. Before submitting the order, the data entered can be changed and reviewed at any time.

4.2. By clicking 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 basket.

4.3. After submitting the order, customers automatically receive an email confirming receipt of the order (order confirmation). This order confirmation does not yet constitute acceptance of the offer but merely informs of the receipt of the order.

4.4. The contract is only concluded once we accept the customer's offer by means of an express declaration of acceptance by email (order acknowledgement) or by dispatching the ordered goods – whichever event occurs first.

4.5. The contract language is German (optionally: as well as English for international customers).

4.6. The text of the contract is stored by us. Customers receive the order and contract data including the Terms in text form (e.g. by email).

5. Prices, shipping costs, delivery conditions

5.1. All prices stated in the online shop are shown in the respectively displayed currency (primarily EUR, and where applicable also CHF or other currencies) and, unless stated otherwise, are inclusive of statutory value added tax.

5.2. In addition to the stated prices, shipping costs may apply. The amount of the shipping costs is shown separately during the ordering process before the order is placed with binding effect.

5.3. Delivery is made to the delivery address specified by the customer within the delivery countries stated in the online shop. Any restrictions (e.g. no shipping to certain countries) are shown during the ordering process.

5.4. Unless otherwise agreed, delivery is 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 results from the respective product description or from the ordering process. Where, exceptionally, no binding delivery date has been promised, these are guide values. We inform customers of delays without undue delay.

5.6. For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes upon handover of the goods to the consumer or to a third party designated by the consumer who is not the carrier.

6. Means of payment and due date, default of payment

6.1. The payment methods available in the online shop (e.g. credit card, PayPal, instant bank transfer, payment via payment service provider, etc.) are displayed during the ordering process. We reserve the right to exclude individual payment methods in individual cases.

6.2. Unless otherwise stated, the purchase price is due for payment immediately upon conclusion of the contract.

6.3. If the customer defaults on payment, we are entitled to demand statutory default interest. Any reminder and collection charges within the legally permissible extent may be passed on to the customer.

7. Retention of title

7.1. Until full payment of all claims arising from the respective purchase contract, the delivered goods remain our property.

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. Use of the "My NextRing" app

8.1. The MYnextRING smart ring is designed for use in conjunction with the "My NextRing" app. The download and use of the app may be subject to additional terms 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 made available within the app or on our website. These are not the subject of these Terms.

8.3. Under the purchase contract, we owe the delivery of the hardware (smart ring and, where applicable, accessories). Any additional digital services, analyses or software functions may constitute separate contracts.

9. Right of withdrawal for consumers (Distance and Off-Premises Transactions Act – FAGG)

Note: This section applies exclusively to consumers within the meaning of the KSchG where the contract is concluded by 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 any reason.

9.1.2. The withdrawal period is: for purchase contracts for goods, 14 days from the day on which the consumer or a third party named by the consumer, who is not the carrier, took possession of the goods; where several goods are ordered within a single order and delivered separately, 14 days from the day on which the consumer or a third party named by the consumer took possession of the last item.

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 declaration (e.g. by letter or email). To comply with the withdrawal period, it is sufficient that the notification is sent before the withdrawal period expires.

9.2. Consequences of withdrawal

9.2.1. If consumers withdraw from this contract, we shall reimburse all payments we have received from them, including delivery costs (with the exception of the additional costs arising from the fact that a type of delivery other than the most favourable standard delivery offered by us was chosen), without undue delay and at the latest within 14 days from the day on which we receive the notification of withdrawal.

9.2.2. For this reimbursement, we use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.

9.2.3. We may refuse reimbursement until we have received the goods back or until the consumer has provided evidence that they have returned the goods – whichever is the earlier point in time.

9.2.4. The consumer must return or hand over the goods to us without undue delay and in any event at the latest within 14 days from the day on which they inform us of the withdrawal from this contract. The deadline is met if the goods are dispatched before the expiry of the period.

9.2.5. We bear the direct costs of returning the goods. Within the EU, the return is therefore free of charge for the consumer.

9.2.6. The consumer only has to pay for any loss in value of the goods where this loss in value is due to handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

9.3. Exclusion or early expiry of the right of withdrawal

The right of withdrawal may in certain cases be excluded by law or expire early, e.g. for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs.

9.4. Model withdrawal form

Consumers can use the following form for the withdrawal; however, its use is not mandatory.

Model 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 withdraw from the contract concluded by me/us for the purchase of the following goods:

Goods ordered:

Order date:

Received on:

Name of the consumer(s):

Address of the consumer(s):

Date:

Signature of the consumer(s) (only for notification on paper):

10. Warranty and guarantee

10.1. The statutory warranty provisions of Austrian law apply. The warranty period for consumers is generally two years from the handover of the goods.

10.2. An additional manufacturer's guarantee exists only if it is expressly stated for the respective item. Details then result from the guarantee conditions of the respective manufacturer.

10.3. Any guarantees do not affect the statutory warranty claims.

10.4. Normal signs of use arising from intended use (e.g. fine scratches on the ring surface) do not constitute a defect and do not give rise to any warranty claims.

11. Liability

11.1. We are liable without limitation for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by us, our legal representatives or vicarious agents.

11.2. For other damages, we are liable only in cases of intent and gross negligence. In the case of slight negligence, we are liable only for the breach of essential contractual obligations (cardinal obligations); in such a case, liability is limited to the typically foreseeable damage.

11.3. Liability under the Product Liability Act remains unaffected.

11.4. For malfunctions or failures attributable to improper use, incompatible devices, third-party software or changes to the hardware/app by the customer, we are liable only within the scope of the principles set out above.

12. Data protection

12.1. The processing of personal data is carried out 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, in particular within the scope of the online shop and the use of the "My NextRing" app, is set out in our privacy policy, which is available on our website.

13. Copyright and intellectual property

13.1. All content, texts, images, trademarks and logos used in the online shop are protected by copyright or trademark law and may not be used, reproduced or published without our express consent.

13.2. Customers acquire no rights to software, trademarks or other protective rights, except insofar as this is strictly necessary for the contractual use of the goods and, where applicable, the app.

14. Online dispute resolution, complaints procedure

14.1. The Online Dispute Resolution platform (ODR platform) operated by the European Commission was discontinued as of 20 July 2025 and is no longer available. In the event of complaints, consumers can contact us directly at support@mynextring.com; we strive for an amicable, out-of-court solution.

14.2. We endeavour to settle any disagreements amicably. Our email address for complaints is: support@mynextring.com.

14.3. In addition, consumers can contact recognised arbitration bodies and consumer protection organisations.

15. Applicable law, place of jurisdiction

15.1. Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2. Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

15.3. Mandatory statutory places of jurisdiction for consumers remain unaffected.

16. Final provisions

16.1. Amendments and additions to the contract, including these Terms, must be made in text form (e.g. email), unless mandatory statutory provisions preclude this.

16.2. Should individual provisions of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The relevant statutory provision shall take the place of the invalid provision.

16.3. The respective current version of these Terms is available in the online shop.