Terms & Conditions

Ovy GmbH (hereinafter called ‘Ovy’, ‘we’, ‘us’, ‘our’) developed a cycle app and a basal body thermometer to predict the menstrual cycle curve. The user takes the waking temperature on a daily basis and transfers the data to the Ovy App. The Ovy App acquires additional information e.g. PMS, cervical mucus or mood swings, added manually to the app by the user. An algorithm calculates the user’s menstrual cycle and curve. The more information is entered into the app, the better the predictions will be. Ovy Thermometer is available through the website, the app is available for free for iOS and Android. 

www.ovyapp.com (hereinafter called ’website’) offers information about the Ovy Thermometer and Ovy App. The following terms of use apply to use of the website in its current version. It is therefore necessary that you please keep yourself regularly informed on any updates of these terms of use. Please note that the refer to the Ovy App for terms of use concerning our iOS and Android App. 

About Ovy GmbH 
Ovy GmbH is a manufacturer and distributor of a cycle app for iOS and Android. Ovy also sells products in the area of women's health. The Ovy app and Ovy products are suitable for women of reproductive age (aged 18 and over) for home use. The Ovy app is a stand-alone application software. You can find more information in our Privacy Policy. Using the Ovy app and Ovy products cannot replace a visit to the doctor. The Ovy App is a Medical App class I. The Ovy Bluetooth basal thermometer is a medical device class II a. The Ovy Bluetooth basal thermometer is Class IIa certified. As per 20/09/01 he Ovy app consists of a paid-for Premium version (access to all features) and a Basic version (access to certain features), which is free of charge.

Technical requirements for the Ovy App 
A prerequisite for proper use of the apps is that you have compatible devices and certain software. The Ovy app supports smartphones with Android 6.0/Lollipop (or higher) or iOS 13.0 (or higher) and requires a stable Internet connection. It is recommended that you use the latest versions of the required software. For some smartphones, this can be a prerequisite for use. Regular updates of your device may also be required. Using our apps also requires Internet access. Before signing up for Ovy Premium (subscription) or the Ovy Bluetooth basal thermometer, please check whether the hardware and software you use allow you to use our apps.

Ovy GmbH accepts no liability for any damage to your smartphone associated with the use of Ovy GmbH apps.

Age limit Ovy App 
People under the age of 18 are not permitted to use the Ovy App, they may not transfer personal data to Ovy GmbH and they may not subscribe to the paid-for Ovy Premium. Ovy Premium is only offered to natural persons for their private use.

Ovy App registration 
We have developed the Ovy App for the iOS and Android operating system. Only natural persons who have registered may use the Ovy App.

It is your responsibility to ensure the confidentiality of your username and password in connection with the use of the Ovy account. Insofar as you allow third parties access to your Ovy account, this agreement, including certain consents you have given, shall also apply to the access, use and disclosure of information by these third parties. If you become aware of any unauthorised use of your Ovy account, you should inform Ovy GmbH. If the unauthorised use was not caused by Ovy GmbH, Ovy GmbH is not responsible for any damage resulting from the unauthorised use of your Ovy account.

To prevent misuse, a link will be sent to the email address you provide once you have registered. You do not have to confirm this in order to use the Ovy App, but we recommend you do. This means that we have a confirmed email address for you. By enabling the opt-in and confirming the "Next" button during the Ovy registration process, you agree to the Ovy GmbH General Terms and Conditions. If you do not agree to this Usage Agreement and therefore do not complete the registration, you will not be able to use the Ovy App. If you do not complete the questions about yourself in the introduction that follows, you will only be able to use some of the Ovy App features. 

Before you use the app for the first time, we will ask you for information about you as part of the registration process. You can find details of the information we need and how it is used in our Privacy Policy document. In this Privacy Policy document we not only inform you of how we protect and process your data, we also, according to the relevant data protection regulations, need your consent in order to provide you with the Ovy App. We therefore ask that you please provide your consent as part of the registration process.

There is no legal entitlement to use the services of the Ovy App. Ovy GmbH is entitled to refuse registration without providing reasons.

Notifications 
Ovy GmbH may send you legally binding notifications and declarations as follows: By email to the last email address you provided. You are required to provide correct, up-to-date and complete personal information and to update this if it changes. You may not impersonate another natural or legal person, misrepresent an affiliation with such a person or organisation, or knowingly use another person's username, password or access information.

Ovy App contractual territory 
Registration for the Ovy App is only available to residents of countries where we offer Ovy services (collectively, the "contractual territory"). The Ovy App is available in 7 languages: German, English, Spanish, Italian, French and Dutch. 

Paid-for subscription to the Ovy App

  • General information
    The Ovy App can be downloaded and used free of charge from the respective shops (generally via the App Store for iPhone and Google Play Store for Android devices). As per 1st of September 2020 a Premium version of the Ovy App is available. This is subject to a charge and ongoing payments (monthly or yearly). The current price is displayed in the App Store or Google Play Store. In addition to the price of the app, your provider may charge transmission costs for downloading and using the apps. Your Ovy Premium membership / subscription will be purchased for a fixed period of time depending on your chosen subscription ("subscription period"). The subscription allows you to access all features of the Ovy App. You can find more detailed information about the content of the Premium features at www.ovyapp.com and in the Ovy App.

  • Registration
    To register for the free version and paid-for Ovy Premium, download the Ovy App free of charge from the Apple App Store or Google Play Store. Until 31st of August 2020 the Ovy App is fully unlocked and free of charge. As per 1st of September 2020 certain features are going to become Ovy Premium. If you click on one of the locks, you can start a seven-day trial version, including signing up for membership with different durations and prices. All Ovy App users who are using a Bluetooth Basalthermometer or who bought a Bluetooth basal thermometer of the brand Ovy or Beurer until June 30, 2020 will get lifelong free access to the Ovy App including all Ovy Premium features. The date of the order counts! The Bluetooth device can be paired after the June 30, 2020. Ovy App users who are going to purchase a Bluetooth basal thermometer as off 1st of July 2020 will see a  probation period inside the app which gives access to the Ovy App including all Ovy Premium features free of charge. This includes signing up for membership with different durations and prices. Existing Ovy App users without an Ovy Bluetooth basal thermometer can click on the "Subscription" button directly on the App's home screen and sign up for the subscription. 
  • Prices
    If you decide to use Ovy Premium, you pay the price set for your country, which is displayed in the app. Unless otherwise agreed, prices include statutory VAT. Ovy GmbH has the right to change the price of the service at any time. Such a change shall not affect contracts already concluded. The price is due regardless of how often and how much you use the Ovy App.

  • Payment
    Membership payments are processed directly via the respective app store - Apple's iTunes or Google's Play Store - via the user account stored there. The payment system of the respective app store operator is used for this. If the respective service provider includes its own general terms and conditions or terms of use in individual cases, these shall apply exclusively to payment processing. Pressing the "Purchase" button in the Ovy app alone does not create a purchase contract for the paid-for Ovy Premium. Membership only exists after successful confirmation via the store operator. Membership is paid for via your account in the respective shop.
  • Trial periods
    Your Ovy Premium subscription may start with a free-of-charge trial subscription ("trial period") as of 1st of September 2020. You have no claim to the agreement of a trial period. We reserve the right to withdraw this trial period at any time. Trial periods are only offered to new Ovy users. Special conditions apply to buyers of the Beurer or Ovy Bluetooth basal thermometer. You will see the trial period in the app. Until the end of the trial period, you can cancel your subscription at any time with your store operator. If you do not cancel your Ovy Premium subscription in accordance with the cancellation rules below, the first payment will be collected immediately after the end of the trial period. You will be informed about the duration of the trial period at the end of your registration. Ovy GmbH will not notify you of the end of the trial period or of the start of your paid-for subscription.

  • Automatic subscription renewal
    Once your free trial period has ended, use automatically leads to a paid-for version of the Ovy Premium App. The Ovy Premium app subscription will also be automatically renewed for another subscription period beyond the originally agreed subscription period, unless you cancel it beforehand as described under "Cancellation". You will be informed of this in the purchase dialogue. Your store operator may also notify you as soon as an automatic renewal takes place. If your subscription is renewed, your account will be charged 24 hours before the end of the subscription period.

  • Cancellation of Ovy Premium subscription
    You can cancel your subscription at any time. The billing, management and cancellation of the subscription are carried out exclusively through the user's iTunes account or Google Play account. The subscription can be cancelled at any time via the account settings in iTunes or in Google Play. Once the subscription has been cancelled, only the non premium version of the Ovy app can be used. If you have an ongoing subscription, your cancellation will take effect at the end of the contract duration.

    You can find out how to cancel your Google Play Store subscriptions, or disable automatic renewal, here: Google Play Help page.

    You can find out how to manage or cancel your App Store subscriptions, or disable automatic renewal, here: App Store Help page.

  • Right to withdraw
    Consumers have a 14-day right to withdraw. This right to withdraw must be exercised exclusively with the store providers. Ovy GmbH shall not reimburse you for any payments made in the Apple Inc. (iTunes) or Google LLC (Google Play Store) app store. In this respect, the general terms and conditions or terms of use of the store providers apply.

  • Refund
    Ovy GmbH does not offer any refunds for the purchase of a subscription. If the Ovy App does not behave as expected, or if you or a member of your family has made the purchase by accident, the purchase may be eligible for a refund. You can only request a refund from your store operator. Please inform yourself of the relevant refund guidelines.
    Information about requesting a refund for a purchase from the Apple Store can be found here.
    Information about requesting a refund for a purchase from the Google Play Store can be found here.

Availability of Ovy App 
We strive to provide access to our apps 24 hours a day, seven days a week. In the event that individual outputs do not appear or in the event of Internet line disturbances as a result of force majeure or industrial disputes, there is no claim to performance, compensation or a reduction in the purchase price. Temporary interruptions are possible due to standard maintenance, systemic disruptions to the Internet with third-party network operators and force majeure. No liability is assumed for the continuous availability of the online connection. Claims for compensation in the event of a business interruption or system failure cannot be asserted.

Enhancement of the Ovy App 
Ovy GmbH is not obliged to enhance or maintain the service within the scope of this contract. Ovy GmbH can only offer limited technical support for the service at its own discretion. You understand that the service is an evolving one. As long as your licence is valid for the service, you are entitled to upgrade or update the Ovy app. You agree that by using an upgrade or update, you voluntarily terminate the right to use an earlier version. You may need to update third-party software and/or update your device from time to time to use the service.

Questions, error messages, suggestions for improvement for the Ovy App 
If you notice any malfunctions, error messages or other reportable observations when using the Ovy App, or if you have suggestions for improvement and/or questions that are not answered in the FAQ, please send us a message via the feedback feature in the Ovy App or via the Ovy website, ideally with an error description and/or a screenshot or video.

Copyright 
The content of our web page is protected by copyright. The content (images, product images, texts, graphics, tables, video, music, data base) of our website cannot be subject of exploitation, reproduction, distribution, modification, public communication, assignment, transformation or supply, either in whole or in part, without the expressed permission and consent of the Ovy GmbH. For purely private purposes you are allowed to store and print information from the website. Removing any copyright, trademark or other proprietary rights is prohibited. All product names and logos, mentioned or illustrated on the web pages regardless of font size or the existence of a trade mark, are brands of Ovy, its related companies, licensees or brands of their respective owners. The unauthorized use of these brands is not permitted and can be prosecuted in accordance with prevailing law.

The product names and trademarks mentioned and represented on the websites or in the app are trademarks of Ovy GmbH, associated companies or licensees or trademarks of other right holders, regardless of their font size or the presence of a trademark symbol. Unauthorised use of these trademarks is prohibited and may be prosecuted under applicable law.

By reporting malfunctions, observations and/or suggestions for improvement, you do not acquire any copyrights or co-authors' rights to Ovy GmbH or the Ovy App.

Rules on liability

  • Liability for the use of Ovy

Utilization of Ovy’s products and app is undertaken on your own responsibility and at your own risk. We are not liable for your aims or objectives, which you connect or want to achieve with Ovy App. We will not promise that you can prevent pregnancy by using Ovy App or that you can find your fertile days with absolute certainty. Our products and app will help you find out more about your body and menstrual cycle. Ovy App is classified as medical device, but not a certified contraceptive app! If you disagree with these terms, please do not use Ovy’s products or app.

  • Liability for the content of this website

The information containing this website and the utilization of this website take place at your own risk and full responsibility. We composed all content of the website in all conscience and utmost care. However, due to technical or other issues it can happen that information and details on the website are not are not or no longer complete, up to date or correct. Ovy assumes no responsibility - neither assertive nor tacit – for the down to minute correctness, accuracy, reliability, actuality and completeness for the content published on the site.

  • Liability for malicious software and third-party access

We are not liable for any unauthorized access and content by third parties on this website, for a transfer of viruses, worms, Trojan horses or other harmful elements. You yourself should meet measures to protect your PC or laptop from malware (with a firewall and antivirus software).

  • Links to third-parties' websites

Our website contains hyperlinks to the websites of third parties. The links are set solely for the purpose of information and additional service for users of our website, without us expressing any approval, recommendation or support concerning the linked sites and content or to adopt the latter as our own. At the time of content linking and websites of third parties no improper or illegal content is recognizable. Thus we have no influence on the layout, content or updates of the sites we listed. In fact exclusively responsible for the layout and content of external websites are the respective website operators. Therefore, we are not assuming any liability or responsibility for the correctness, completeness, accuracy or legality of the linked layout and content. Should you become aware of corresponding infringements on linked websites or personally feel infringed in your rights, please inform us immediately, so we can remove such links.

Limitation of liability Ovy App 
You understand and acknowledge that Ovy GmbH is not responsible for network problems resulting from the operation of the service and that changes to the network configuration may affect the performance of the system. You acknowledge and agree that Ovy GmbH has no liability whatsoever for the use of the services contained herein. Your sole right or remedy with respect to any problems or dissatisfaction with the service is to uninstall or discontinue the use of the service. This is without prejudice to your statutory rights as a consumer.

Ovy GmbH shall under no circumstances be liable for personal injury or death in connection with the use of the services or for direct, indirect, special or consequential damage arising from the use or non-use of the services. In no event shall Ovy GmbH's maximum liability exceed the service fees paid to Ovy GmbH. You expressly acknowledge that Ovy GmbH is not liable for third-party content or for defamatory, offensive or illegal conduct of third parties. 

Android Ovy Bluetooth basal thermometer system requirements 
Problems with Bluetooth devices can occur from time to time when using the Android operating system. One way of solving most of these problems is by re-pairing the Bluetooth device. You can find out more here.

For Huawei, Samsung or Xiaomi devices, Ovy GmbH cannot guarantee that pairing or transferring data will work perfectly. 

Here is a list of Android devices known to frequently have issues pairing with or receiving data from the Bluetooth Basal Thermometer:

  • Gigaset GS185 2018
  • Huawei P10 lite (HWWAS-H)
  • Huawei Honor View 10 (BKL-L09)
  • Huawei Mate 20 Lite (SNE-LX1)
  • Huawei P10 (VTR-AL00, VTR-L09, VTR-L29, VTR-TL00)
  • Huawei P20 (EML-L09, EML-L22, EML-L29)
  • Huawei P30 (ELE-L04, ELE-L09, ELE-L29, ELE-TL00)
  • Lenovo (Medion) LifeTab P831X (LIFETAB_P831X)
  • Samsung Galaxy Note 4 (SM-N910F)
  • Samsung Galaxy (SM-A515F)
  • Samsung Galaxy A5 2017 (SM-A520F)
  • Samsung Galaxy A32 (SM-A515F)
  • Samsung Galaxy S20 Ultra 5G (SM-G988B)
  • Sony Xperia XZ2 Compact (H8324)

Problems may occur with any kind of tablet.

Terms of Use for competitions

The following people are eligible to take part in the competition:

  • People aged 18 years or over
  • People who have unlimited legal capacity
  • People residing in the European Union

There is no right of appeal. There are no alternative prizes and taking part more than once is not permitted. The prize is non-transferable. Ovy GmbH is not liable whatsoever for the existence of the technical requirements to take part in the competition. Ovy GmbH's Terms of Use and Privacy Policy apply. Ovy GmbH reserves the right to exclude entrants from the competition in the event of suspected misuse, manipulation or criminal behaviour. Ovy GmbH shall not be liable in the event of loss, theft, destruction or unauthorised use of a prize. The prizes will be handed out or sent free of charge by Ovy GmbH, Große Theaterstrasse 39, 20354 Hamburg. This competition is not connected to Facebook and is not sponsored, endorsed or organised by Facebook. The data provided by the competition entrants as part of the partial execution of the competition (in the event of a win) are not received by Facebook, but by Ovy GmbH and will only be used for contacting the winner and sending the prize. After the competition has ended and the prize has been sent, these data will be deleted. Ovy GmbH may cancel, terminate or extend the competition at any time. There is no need to give advance notice or give reasons. By entering the competition, the entrant accepts these Terms and Conditions of Participation.

Terms of Use for Facebook competitions 

The following people are eligible to take part in the competition:

  • People aged 18 years or over
  • People who have unlimited legal capacity
  • People residing in the European Union

There is no right of appeal. There are no alternative prizes and taking part more than once is not permitted. The prize is non-transferable. Ovy GmbH is not liable whatsoever for the existence of the technical requirements to take part in the competition. Ovy GmbH's Terms of Use and Privacy Policy apply. Ovy GmbH reserves the right to exclude entrants from the competition in the event of suspected misuse, manipulation or criminal behaviour. Ovy GmbH shall not be liable in the event of loss, theft, destruction or unauthorised use of a prize. The prizes will be handed out or sent free of charge by Ovy GmbH, Große Theaterstrasse 39, 20354 Hamburg. This competition is not connected to Facebook and is not sponsored, endorsed or organised by Facebook. The data provided by the competition entrants as part of the partial execution of the competition (in the event of a win) are not received by Facebook, but by Ovy GmbH and will only be used for contacting the winner and sending the prize. After the competition has ended and the prize has been sent, these data will be deleted. Ovy GmbH may cancel, terminate or extend the competition at any time. There is no need to give advance notice or give reasons. By entering the competition, the entrant accepts these Terms and Conditions of Participation.

Promotions 
Promotional offers are for a limited time and can end at any time with or without notice. Promotional offers can end for any reason, such as: B. because the seller's inventory is running low or the special offer has reached the end date set for it. As soon as the special offer is no longer available, the special offer message will no longer be displayed or advertised. Certain items may be sold out in the event of promotions and discounts. If there is a sell-out, the buyer must expect a longer delivery time. The buyer will be informed about this on the website, among other places.

Privacy protection 
This Privacy Policy is a document named "Privacy Policy". The background is that we not only inform you in this privacy policy about how we protect and process your data but we also need your consent in accordance with the relevant data protection regulations in order to provide you with our services. Therefore we ask you to submit your consent in the course of the registration in the Ovy App.We consider it very important to protect your personal data. Therefore, we record, process and use your personal data which you transmit to us while using our website or which is collected automatically when visiting our website strictly in accordance with the applicable laws on data privacy protection and data security.

Ovy products sales, return and warranty conditions 
These General Terms and Conditions of Ovy GmbH (hereinafter referred to as the "Seller") apply to all contracts concluded by a consumer or trader (hereinafter referred to as the "Customer") with the Seller with regard to the goods and/or services presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

For the purposes of these General Terms and Conditions, a consumer means any natural person who enters into a legal transaction for purposes which are primarily not attributable to their commercial or self-employed professional activity. For the purposes of these General Terms and Conditions, a trader means a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.

Conclusion of Ovy online shop contract 
The product presentations contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to let the Customer make a binding offer.

The purchase of Ovy products is only available to residents of countries where we offer Ovy services (collectively, the "contractual territory"). You can find information on the availability of the respective products on our website for the respective products. We currently ship all Ovy products to the following countries: Switzerland, Austria, UK, Italy, France, Spain, Netherlands. Different delivery costs apply for these countries.

If the delivery is made to a non-EU country, further customs duties, taxes or fees may be due, not to Ovy GmbH, but to the relevant customs or tax authorities. The costs are to be borne by the Customer. We recommend that you check with customs or tax authorities before ordering.

The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and following the electronic ordering process, the Customer makes a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart. The Customer can also submit the offer to the Seller by telephone, fax, email or post.

The Seller can accept the Customer's offer within five days

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the Customer's receipt of the order confirmation is decisive, or
  • by supplying the ordered goods to the Customer, in which case the Customer's access to the goods is decisive, or
  • by asking the Customer to pay once they have placed their order.
  • If more than one of the aforementioned alternatives exist, the contract shall be concluded when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
  • The period for acceptance of the offer shall start on the day following the date on which the Customer sends the offer and end on the fifth day following the date on which the Customer sends the offer.

When submitting an offer via the Seller's online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g. email, fax or letter) along with these General Terms and Conditions after the Customer has sent their order. In addition, the Seller's contract text is archived and can be retrieved free of charge by the Customer via their password-protected customer account, specifying the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before sending their order.

Before the binding order is placed via the Seller's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries made before the binding order is placed are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.

The contract may only be concluded in German or English.

Usually, orders are processed and the Customer contacted by email and using automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, when using SPAM filters the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

Ovy online shop prices and payment terms 
The purchase price is due immediately upon placing the order. The Customer can pay the purchase price on receipt of invoice, in installments, by instant bank transfer, EC direct debit or PayPal. 

Unless otherwise stated in the Seller's product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.

In cooperation with Klarna, we offer the following payment options. The payment is made to Klarna in each case:

  • Klarna invoice: Payable within 14 days from date of invoice. The invoice is issued and sent by email when the goods are dispatched. You can find the billing terms here for Germany and here for Austria.
  • Klarna instalment purchase (only available for Germany): With Klarna's financing service you can flexibly pay for your purchase in monthly instalments of at least 1/24 of the total amount (at least €6.95). You can find more information on Klarna instalment purchase, including the General Terms and Conditions and European Standard Information for Consumer Credit, here.
  • Instant bank transfer: The payment options are offered as part of Klarna Checkout. More information and the Terms of Use for Klarna Checkout can be found here for Germany and here for Austria. 

 You can find general information about Klarna here: Your personal data will be handled by Klarna in accordance with the applicable data protection regulations and the information in Klarna's Privacy Policy for Germany and Austria.

When selecting the "PayPal" payment method, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal Terms of Use. This requires, among other things, that the Customer opens a PayPal account or already has such an account.

When selecting the payment method "PayPal Plus/credit card“, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal Terms of Use. This does not require the Customer to open a PayPal account or already have such an account.

Delivery and shipping terms 
Goods are regularly delivered by way of shipment to the delivery address specified by the Customer. When executing the transaction, the delivery address specified in the Seller's purchase order is applicable. By way of derogation, when the PayPal payment method is selected, the delivery address stored with PayPal by the Customer at the time of payment is applicable.

If the carrier returns the shipped goods to the Seller as delivery to the Customer was not possible, the Customer bears the cost of unsuccessful shipping. This shall not apply if they are not responsible for the circumstance which led to the delivery being impossible, or if they were temporarily prevented from accepting the service offered, unless the Seller had provided reasonable notice of the service in advance.

Self-collection is not possible for logistical reasons. Vouchers are transferred to the Customer by email, download or post.

Liability for defects/complaints about Ovy products (not app) 
The statutory liability for defects shall apply. The device has been carefully manufactured and tested. In the event that defects are nevertheless apparent on delivery, please follow the instructions in the respective device's instructions for use. The warranty does not cover normal wear and tear or damage caused by failure to observe the instructions for use, improper handling (eg unsuitable current sources, breakage, leaking batteries) and / or disassembly of the device by the purchaser. Furthermore, the guarantee does not constitute any claims for damages against us. Warranty claims can only be claimed during the warranty period and by presenting the purchase price.

Redeeming promotional vouchers 
Vouchers issued free of charge by the Seller as part of promotional campaigns with a defined period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

Individual products may be excluded from the voucher campaign if a corresponding limitation arises from the content of the promotional voucher.

Promotional vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible. Only one promotional voucher may be redeemed per order.

The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the Seller.

Vouchers can not be combined. 

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference. The remaining credit on a promotional voucher is neither paid out in cash nor does it accrue interest. The promotional voucher will not be reimbursed if the Customer returns the goods paid for in full or in part with the promotional voucher as part of their statutory right to withdraw. The promotional voucher is transferable. The Seller may make payments, with the effect of a full discharge, to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or a lack of knowledge due to gross negligence of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

Applicable law, place of jurisdiction 
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer usually resides.

If the Customer acts as a businessperson, a legal person under public law or a special fund under public law with its place of business in the territory of the Federal Republic of

Germany, the sole place of jurisdiction for all disputes arising from this contract shall be the place of business of the Seller. If the Customer's place of business is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the sole place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.

Furthermore, this choice of law with regard to the right to withdraw does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

Consumers have the right to withdraw in accordance with the following conditions, whereby consumers are any natural person who enters into a legal transaction for purposes which are not predominantly attributable to their commercial or self-employed professional activity:

Right to withdraw 
In principle, consumers have a right to withdraw.

Further information on the right to withdraw can be found in the Seller's Cancellation Policy. The right to withdraw shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

Cancellation Policy 
You have the right to cancel a purchase contract in the Ovy online shop within 14 days without giving reasons.

The period for the right to withdraw is 14 days from the day on which you or one of the third parties named by you, who is not the carrier, have/has taken ownership of the final goods.

In order to exercise your right to withdraw, you must inform us (Ovy GmbH, Große Theaterstrasse 39, 20354 Hamburg, Germany, email: hello@ovyapp.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, email). To adhere to the period of the right to withdraw, it is sufficient that you send us notification that you intend to exercise your right to withdraw before expiry of the period of the right to withdraw.

It is important that the item has not been used and that therefore the safety sticker is not damaged. These are hygiene items. We reserve the right to review this prior to reimbursement of the purchase price. For hygienic reasons, we cannot take back goods that have already been used or removed from the packaging. We ask for your understanding.

Therefore, please only open the packaging if you will actually use the product. The cost of returning the goods in the event of withdrawal shall be borne by the Customer. Please send your return to our warehouse at the following address:

Elbe-Werkstätten GmbH 
Retoure Ovy GmbH
Südring 38
22303 Hamburg 

30 days money back guarantee
We develop products to improve women*s health. We help you manage your conception hormone-free or support you in getting pregnant. Every Ovy product reflects our high standards for quality and effectiveness. Our goal is to ensure that our customers are satisfied with the use of our products. That's why we offer a 30-day money back guarantee.

If you are not satisfied with your Ovy product, you can return opened and tested products within 30 days of your purchase. The date of your order will apply.

Here's how to do it:

  1. You must submit your guarantee claim to https://ovysupport.zendesk.com/hc/de/requests/new within 30 days of your purchase. Within the claim form you will be asked to provide various information. You can specify the reason for the return under "Description". The description is very valuable for us as a company. 
  2. Please enter the email address linked to your Ovy app in the contact form or in the description of the contact form.
  3. Our customer service will contact you promptly and explain the next steps.
  4. Please send the product safely sealed and packed to the following address:

Elbe-Werkstätten GmbH
Returns / Satisfaction Guarantee Ovy
South ring 38
22303 Hamburg
Germany 

Important: Please fill out this form including your order number and the email address you registered with in the Ovy app, so that we can assign your shipment. This is the only way your satisfaction guarantee claim can be processed.

As soon as we receive the package, we will check the contents and initiate the refund. 

Please note: The 30-Day Satisfaction Guarantee does not apply to the following items:

  • Shipping costs
  • Empty boxes
  • Free gifts and samples
  • Value of goods from packages lost in your return (we recommend writing down the tracking number)

This 30-day satisfaction guarantee does not affect or limit your rights as a customer under the statutory warranty and the right of withdrawal.

Consequences of withdrawal 
Should you withdraw from this contract, we must reimburse you for all payments that we have received from you (with the exception of delivery costs and additional costs resulting from another form of delivery you may have chosen in place of the cheapest standard delivery offered by us) immediately and within fourteen days from the date we received information of your intention to exercise your right to withdraw from this contract. For this repayment, we shall use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will any fees be charged to you for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever happens first.

You must return or hand over the goods immediately and in any case within fourteen days from the day on which you informed us of your intention to exercise your right to withdraw from this contract. The period shall be considered adhered to if you send the goods before the expiry of the fourteen day deadline. You are responsible for the direct costs for the return of the goods.

You must pay the costs for any loss of value in the goods only if this loss of value can be attributed to you unnecessarily handling the goods to check their condition, characteristics and functionality.

Exclusion or early termination of the right to withdraw:

The right to withdraw shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

Sample cancellation form 
If you want to cancel the contract, you can use this form to do so and send it back to us by email or post.

- By post: Ovy GmbH, Große Theaterstraße 39, 20354 Hamburg
- By email: hello@ovyapp.com 
- I/we (*) hereby withdraw from the contract concluded by me/us for the purchase of the following goods (*)/the rendering of the following service (*)
- Ordered on (*)/received on (*)
- Consumer name(s)
- Consumer address(es)
- Order number
- Consumer signature(s) (only applies to paper notification)
- Date

(*) Delete as appropriate

Changes to these Terms of Use 
We reserve the right to change the content of these General Terms and Conditions in accordance with the statutory provisions. If we make a change to this policy that we believe is necessary, we will notify you by email at the email address associated with your account. If you wish to continue accessing and using our services after these changes come into effect, you agree to be legally bound by the revised Terms of Use. If you do not fully agree to these conditions, we will no longer be able to provide Ovy GmbH services to you. We ask for your understanding.

Closing provisions 
Should individual provisions of these General Terms and Conditions, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The respective statutory provisions shall replace the invalid or missing provisions.

Our data protection officer (external data protection officer) is:

ePrivacy GmbH
represented by Prof. Dr. Christoph Bauer
Große Bleichen 21
20354 Hamburg
Germany

For all questions regarding your data, please contact: privacy@ovyapp.com.

Company registered at: Hamburg
Local Court (Amtsgericht) of Hamburg, HRB 140562
Management board:  Eva Leonhardt, Lina Wüller
VAT ID DE305785062
Registered office of the company: Große Theaterstraße 39, 20354 Hamburg
E-Mail: hello@ovyapp.com

Date of last change: January 2023