General terms and conditions

Contractual partner, scope of application

(1) The contractual partners within the scope of the following GTCs are ilogs healthcare GmbH (hereinafter referred to as "ilogs"), Krone Platz 1, 9020 Klagenfurt, Austria and the customer.

(2) All deliveries and services provided by ilogs to customers are exclusively based on the following General Terms and Conditions in the version valid at the time of the order.

1 Validity of the General Terms and Conditions

The GTC apply to the sale and delivery of goods and the provision of services by our company. By clicking the checkbox in the shopping cart "I have read and accepted the General Terms and Conditions (GTC)" before submitting the order, the buyer agrees to these General Terms and Conditions and is bound by them.

Our range of offers is non-binding. The order placed by the customer who is of full legal capacity (persons over the age of 18) constitutes an offer to conclude a purchase contract. The confirmation of receipt of the order subsequently sent by us within the meaning of § 10 para. 2 ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second e-mail as confirmation of the contract or by other acceptance of the customer's offer. All offers on our website are subject to change, non-binding and (unless otherwise stated) only available while stocks last.

2. contract language

The content of the contract, all other information, customer service, data information and complaint handling are offered in German and English.

3. order process, order correction, order cancellation

Once you have selected the desired product, you can place it in the shopping basket without obligation by clicking on the shopping basket symbol. You can view the contents of the shopping basket without obligation at any time by clicking on the shopping basket symbol. You can also remove products from the shopping basket by clicking on them again. To do this, click the X on the product.

If you want to buy the products in the shopping cart, click the button "Proceed to checkout". Please then enter your payment details. If you have made a purchase for the first time, you will be automatically registered as a new customer through the payment process and informed of this by e-mail. For users who are already registered, it is sufficient to enter the login specified in the course of the initial registration for further orders. Your data will be transmitted in encrypted form.

After entering your data and selecting the type of payment and delivery, you will be taken to the order page where you can check your entries again. By clicking the "Complete now" button, you complete the ordering process. The ordering process can be cancelled by closing the browser.

4. we offer the following payment options

4.1 Hardware (Watches / Wristbands / Tablet & Other Accessories)

• One-off payment of the purchase price incl. VAT: After successful completion of payment, the product becomes your property.

4.2 Emergency tariff & additional tariffs

• Monthly payment: You can use all JAMES tariffs pay on a monthly basis via your preferred payment method and cancel monthly. If you do not cancel, the tariff will be extended by a further month.

• Annual payment: Alternatively, you can use the JAMES tariffs for 12 months in advance and thereby receive a better price. In this case, the contract is concluded for a period of 12 months. It is automatically extended for a further 12 months unless it is terminated in writing at least 2 weeks before expiry (notice period). You will be informed by us of the possibility of automatic renewal before the start of the notice period. In the event of termination from No refund of the remaining amount will be made at the end of the year.

4.3 Payment methods

You will find our payment methods under the following Link.

4.4 Termination

You can give notice to us as follows:

1. Directly in the online shop myjames.shop

2. Informally by email to support@ilogs.care

3. By telephone on the number: +43 (0) 463 / 503 197 4

5. default of payment

The purchase of a JAMES Products can only take place if you have redeemed / carried out either a valid voucher or a valid payment method. Should the debiting of recurring tariffs not be successful, the JAMES Shop inform you of this by e-mail.

If after one week it is still not possible to make a direct debit, the tariffs and all associated functions will be switched to the JAMES products automatically terminated. As a gesture of goodwill, the service is provided by the manufacturer, namely the ilogs healthcare GmbH, remain active for another three weeks. By purchasing a new Emergency tariff within the three weeks, the functionality can be reactivated at any time. After that, an activation fee will be charged as a new SIM card will be required.

6. storage of the contract

The text of the contract is stored by us and can be requested by you after completion of the ordering process. You can print out the order data immediately after sending it to ilogs. To do this, you can either use the subsequent "Your order" page or the "Confirmation of receipt" mail.

Telephone order acceptance:
+43 (0) 463 504 197 5

Monday to Thursday from 8:00 to 17:00 and Friday from 08:00 to 14:00.

7. prices

5.1 Billing shall be in euros. The prices apply at the time of the order including statutory VAT plus all expenses incurred in connection with the shipment. They are shown in the shopping basket before conclusion of the contract and afterwards in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipment, these shall also be borne by the customer (information on this can be obtained from your regional customs office).

5.2 The prices valid at the time of the order are always decisive. With updating of the Internet pages of myjames.shop all previous prices and information on goods shall become invalid. Separate costs are incurred for packaging, shipping and insurance. Please refer to the "Shipping costs" section in our shop for these.

8. retention of title

We retain title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the customer. If the customer resells goods subject to retention of title, he shall also pass on the retention of title. The customer shall notify us immediately of any third party seizure of our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permissible with our prior consent. If payment is not made immediately after a reminder in the event of default, our goods subject to retention of title shall be returned immediately. The costs of taking back the goods shall be borne by the customer.

9 Warranty, liability, guarantee

The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, from the date of completion of the service. In the case of justifiably objected defects, either free replacement or improvement shall be carried out, depending on the choice of the buyer, for which a reasonable period of time shall be granted, unless the improvement or replacement is impossible or would involve a disproportionately high effort for the seller compared to the other remedy. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibition).

Defects that occur must be notified as far as possible upon delivery or after they become visible, whereby failure by a consumer to notify us upon delivery or after they become visible has no influence on the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, the customer must inspect the goods no later than five working days after receipt and notify us immediately if a defect is found.

Our company is only liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damage, as well as other property damage, financial loss and damage to third parties against the customer, insofar as it is not a consumer transaction, is excluded. Our company as the operator of the web shop mentioned in the imprint provides the services with the utmost care, but is not liable for the services provided by third parties or obtained from third parties.

The statutory warranty period of two years applies to all items.

When the goods are dispatched in consumer transactions, the risk of loss of or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice suggested by us, the risk shall pass as soon as the goods are handed over to the carrier.

Damage caused by improper measures or measures contrary to the contract on the part of the customer during installation, connection, operation or storage do not constitute grounds for a claim against ilogs. The impropriety and lack of conformity are determined in particular by the manufacturer's specifications.

10. right of withdrawal

Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. In the case of sales contracts where we have not offered to collect the goods ourselves in the event of cancellation, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If you have received goods in connection with the contract, you must return or hand over the goods to the following address without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract:

ilogs healthcare GmbH
Crown Square 1
9020 Klagenfurt | Austria
Tel: +43 (0) 463 504 197
E-mail: sales@ilogs.care

The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
If the customer is an entrepreneur, a revocation is completely excluded

Sample cancellation form

The model declaration of revocation is also available for download as a PDF file:
PDF download sample cancellation form

11. delivery

Delivery is made by a parcel delivery service, primarily by post.

17.1 Deliveries are made to the delivery address provided by the customer.

17.2 The delivery time of goods marked as "immediately available" is within 10 working days. The delivery period begins with the sending of the contract confirmation by e-mail. In any case, we deliver within the statutory period of 30 calendar days. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.

17.3 In the event of delays in delivery for which ilogs is not responsible (force majeure, fault of third parties, etc.), the delivery period will be extended accordingly. The customer will be informed of this immediately. If the causes of the delay last longer than 4 weeks after conclusion of the contract, each party is entitled to withdraw from the contract.

17.4 Delivery time of goods marked as "not in stock". Goods marked as "not in stock" in the electronic catalogue are not in stock at the moment and have been or will be reordered by our purchasing department after receipt of the order. After ordering such an item marked as "not in stock", the customer will be contacted by our purchasing department. JAMES Support informed separately by e-mail about the delivery time. If the customer would like to be informed in advance about the delivery time, he can request this from our JAMES SupportPlease ask for the item number.

12. shipping costs

For the applicable shipping costs per country please refer to the Shipping & returns page.

13. transport damage

18.1 If goods are delivered with obvious damage to the packaging or the contents, the customer must immediately complain to the deliverer and refuse acceptance. In addition, ilogs must be contacted immediately.

18.2 The goods must be checked for damage immediately upon receipt. If damage is found, it must be reported to ilogs immediately, sales@ilogs.care.

18.3 The fulfilment of the obligations according to 18.1. and 18.2. has no influence on warranty claims of the customer.

14. use of our products

It is strongly recommended that you read the relevant user instructions before using our products and services. Should any uncertainties arise, please do not hesitate to contact us at support@ilogs.care inform you about it. We are always keen to answer all your questions.

15. information on the call centre and initiation of a rescue operation

Our 24/7 call centre acts according to the following guidelines:

In the event of an alarm, the Call centre Contact the person being cared for and their relatives / authorised helpers to clarify the situation. Contact is established according to the following procedure:

• All JAMES devices of the person being cared for are called

• The telephone number of the person being cared for is called if this has been deposited

• All alarm contacts of the cared-for person are called, provided they have been deposited. If it turns out to be an emergency, the rescue services are alerted. If the person being cared for cannot be reached, the emergency services are also alerted.

Attention! Any costs initiated by our call centre, such as rescue operations (trips by the Red Cross), will be borne by you (the customer).

If you have purchased a product with the call centre, we recommend that you trigger an alarm after activating the system. Please inform the call centre that this is a test alarm.

16. privacy policy

Information on the processing and storage of your data can be found in our Privacy policy.

17 Applicable law, place of jurisdiction

The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.

18. conciliation board

We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes:

www.ombudsmann.at
Internet Ombudsman
Margaret Street 70/2/10
1050 Vienna
Austria

For more information on the types of procedure, see www.ombudsmann.at or in the respective procedural guidelines:

Procedural Guidelines of the Internet Ombudsman for Alternative Dispute Resolution under the AStG (AStG Arbitration Procedure)
Download procedural guidelines

Guidelines for the Conciliation Procedure with the Internet Ombudsman outside the Scope of the AStG (Standard Procedure)
Download guidelines for the conciliation procedure

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation:
The European Commission provides a platform for online dispute resolution (ODR), which you can access at http://ec.europa.eu/consumers/odr/ find. We are prepared to participate in an out-of-court conciliation procedure.

Our e-mail address: sales@ilogs.care

19 Copyright

All news, graphics and the design of the ilogs website are for the personal information of our customers only. They are used at your own risk. All data of this offer enjoy the protection according to §4 and §87a ff. copyright law. The reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with ilogs. Any reproduction, distribution and/or public reproduction beyond this exceeds the usual use and constitutes an infringement of copyright.