{"id":21843,"date":"2022-11-22T14:59:43","date_gmt":"2022-11-22T13:59:43","guid":{"rendered":"https:\/\/myjames.shop\/?page_id=21843"},"modified":"2025-12-18T13:20:17","modified_gmt":"2025-12-18T12:20:17","slug":"allgemeine-geschaeftsbedingungen-agb","status":"publish","type":"page","link":"https:\/\/james.care\/en\/allgemeine-geschaeftsbedingungen-agb\/","title":{"rendered":"General Terms and Conditions (GTC) for private customers"},"content":{"rendered":"
\n \n \n\t\n\n\n\n

\nGeneral terms and conditions\n<\/h1>
\n \n \n\t\n\n\n\n

\nfor private customers (B2C)\n<\/h4>\n<\/div>
\n \n \n\t\n\n\n\n
\n \n \n \n \n \n \n \n \n \n \n\n \n \n \n \n \n \n\n \n General Terms and Conditions for Business Partners (B2B)<\/span>\n\n \n \n <\/a>\n\n \n\n\n<\/div>\n<\/div><\/div>
\n

Date: 1 October 2025<\/p>\n

The company ilogs healthcare GmbH (hereinafter referred to as \u201eILOGS\u201c) operates the virtual shop\u00a0james.care<\/span><\/a><\/p>\n

Company headquarters: Klagenfurt<\/span> on Lake W\u00f6rthersee,<\/span> Austria<\/span>
<\/span>ilogs healthcare GmbH
Crown Square 1
9020 Klagenfurt<\/p>\n

Legal form:<\/span>\u00a0GmbH
Customer service:<\/span>\u00a0For times and contacts see online at: james.care\/contact
Phone:<\/span>\u00a0+43 (0) 463 305 003
Web:<\/span>\u00a0james.care<\/span><\/a>
E-mail:<\/span>\u00a0support@ilogs.care<\/span><\/a><\/p>\n

Managing Director:<\/span>\u00a0Dr Walter Liebhart
Tel:<\/span>\u00a0+43 (0) 463 305 003
E-mail:<\/span>\u00a0office@ilogs.care<\/span><\/a>
Company register no.:<\/span>\u00a0481242i
Company Register Court:<\/span>\u00a0Klagenfurt Regional Court
Competent tax office:<\/span>\u00a0Klagenfurt Tax Office (FA57)
UID-<\/span>No<\/span>:<\/span>\u00a0ATU72724778<\/p>\n

Supervisory authority:<\/span>\u00a0Municipality of the City of Klagenfurt
Place of performance:<\/span>\u00a09020 Klagenfurt, Krone Platz 1
Place of performance for our collection shops:<\/span>\u00a0the respective location
Commercial regulations:<\/span>\u00a0Trade regulations (www.ris.bka.gv.at<\/span><\/a>)
Voluntary Code of Conduct:<\/span>\u00a0(www.guetezeichen.at<\/span><\/a>)
Trade designation:<\/span>\u00a0IT
Object of the company:<\/span>\u00a0Trade in software solutions for the social and health care sector
Media owner, editor, publisher:<\/span>\u00a0ilogs healthcare GmbH<\/p>\n

For information, data and complaints, please contact:\u00a0support@ilogs.care<\/span><\/a><\/p>\n<\/div>

\n

1 <\/span>GENERAL<\/span><\/h2>\n

(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.<\/p>\n

General terms and conditions of any kind whatsoever that are in conflict with these terms and conditions shall be deemed not to have been included and shall be legally invalid.<\/p>\n

1.1 <\/span>VALIDITY<\/span><\/h3>\n

If the purchase is a commercial transaction for the customer (B2B), the<\/span> General Terms and Conditions for Business Customers (B2B)<\/span> at<\/span>: <\/span>ilogs.care<\/span><\/a><\/p>\n

The contractual partner within the scope of the following GTC for countries of the EU and the United Kingdom (UK) is ilogs healthcare GmbH (hereinafter referred to as \u201cILOGS\u201d), Krone Platz 1, 9020 Klagenfurt, Austria and the CUSTOMER.<\/p>\n

The contractual partner for customers from Switzerland is ilogs healthcare GmbH<\/p>\n

HRB: CHE-467.567.318
UID: CHE-467.567.318
Flurstrasse 30, 8048 Zurich, Switzerland
Managing Director: Marco Hauser
Tel: +41 44797358 - 9
Mail: office-ch@ilogs.care<\/span><\/a>, support-ch@ilogs.care<\/span><\/a><\/p>\n

All deliveries and services that ILOGS provides for CUSTOMERS from the online shop or stationary trade are provided exclusively on the basis of the following General Terms and Conditions for Private Customers in the version valid at the time of the order.<\/p>\n

These GTC apply to ILOGS CUSTOMERS who have purchased JAMES products (hardware and tariffs) directly from ILOGS. If JAMES products have been purchased from third party sales partners, the contractual terms and conditions of the sales partners shall apply.<\/p>\n

General terms and conditions of any kind whatsoever that are in conflict with these terms and conditions shall be deemed not to have been included and shall be legally invalid.<\/p>\n

1.2 <\/span>DEFINITION<\/span><\/h3>\n

Explanation of the terms used in these GTC.<\/p>\n

a) CUSTOMER: Purchaser of JAMES products and services.<\/div>\n
b) SUPPLIER: uses the JAMES products and services e.g. wears the JAMES watch.<\/div>\n
has access to individual carer data and can receive alarms and warnings if approved by CLIENT, e.g. family members of the carer: Family members of the cared-for person.<\/div>\n
d) EMERGENCY CALL DEVICE: This can be, for example, a watch, a tracker, a smartphone app or other alarm devices offered by ILOGS in the future.<\/div>\n
e) WEB PORTAL: Web application for the administration and monitoring of the SUPPLIERS, services and EMERGENCY CALL DEVICES.<\/div>\n
f) JAMES APP: Application for smartphones for the administration and monitoring of the SUPPLIERS, services and EMERGENCY CALL DEVICES.<\/div>\n
g) JAMES Support: Customer service from ILOGS. Support contact details can be found on our webpage james.care.<\/div>\n
h) TARIF: Ongoing costs for services.<\/div>\n
i) 24\/7 CALL CENTRE: Optionally, a 24\/7 on-call service can be agreed, which is always available when an alarm is triggered on the EMERGENCY CALL DEVICE. This is provided by a partner of ILOGS and must be ordered separately.<\/div>\n
\u00a0<\/div>\n

1.3 <\/span>SUBJECT<\/span><\/h3>\n

The General Terms and Conditions for Private Customers apply to the sale and delivery of goods and the provision of services by ILOGS. By signing the purchase contract or clicking on the checkbox in the shopping basket before placing the order, the CUSTOMER agrees to these General Terms and Conditions and is bound by them.<\/p>\n

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 \u00a7 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.<\/p>\n

1.4 <\/span>V<\/span>INCOME LANGUAGE<\/span><\/h3>\n

The content of the contract, all other information, customer service, data information and complaint handling are offered in German and English.<\/p>\n

2 <\/span>B<\/span>ORDER, DELIVERY<\/span> and ACCOUNTING<\/span><\/h2>\n

2.1 <\/span>ORDER PROCESS<\/span>\/PURCHASE<\/span><\/h3>\n

An order can be placed via various channels (e.g. webshop, purchase contract, etc.). The order is deemed to have been accepted when it is confirmed in writing by ILOGS or when the goods are delivered. The purchase is binding from this point onwards. If you have made a purchase for the first time, you will be automatically registered as a new CUSTOMER during the payment process and informed of this by e-mail. For already registered CUSTOMERS, it is sufficient to enter the login specified during the initial registration for further orders. Your data will be transmitted in encrypted form.<\/p>\n

2.2 <\/span>L<\/span>URTHER CONDITIONS<\/span><\/h3>\n

Orders are dispatched by a forwarding agent specified by ILOGS. Shipping costs will be charged to the CUSTOMER if applicable. Deliveries are made to the delivery address provided by the CUSTOMER.<\/p>\n

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.<\/p>\n

\u00a0In 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 immediately. If the causes of the delay last longer than 4 weeks after conclusion of the contract, either party is entitled to withdraw from the contract.<\/p>\n

Delivery time for goods labelled as \u201cnot in stock\u201d:<\/p>\n

Goods marked as \u201cout of stock\u201d in the electronic catalogue are currently not in stock and have been or will be reordered by our purchasing department after receipt of the order. The CUSTOMER will be informed separately by our JAMES support team by e-mail about the delivery time after ordering such an item labelled as \u201cout of stock\u201d. If the CUSTOMER wishes to be informed in advance about the delivery time, he can request this from our JAMES Support, stating the article number.<\/p>\n

2.3 <\/span>SHIPPING COSTS<\/span><\/h3>\n

For the applicable shipping costs per country please refer to the\u00a0Shipping & <\/span>Returns page<\/span><\/a>.<\/p>\n

2.4 <\/span>TRANSPORT DAMAGE<\/span><\/h3>\n

If goods are delivered with obvious damage to the packaging or contents, the CUSTOMER must immediately complain to the carrier concerned and refuse acceptance, without prejudice to his warranty rights. ILOGS must be informed immediately of the damage via the respective local contact details so that ILOGS can protect any rights against the shipper.<\/p>\n

2.5 <\/span>TARIFFS<\/span><\/h3>\n

The TARIFFS are limited to the respective selected term (year, month, etc.) and are automatically extended by the respective selected period until cancellation is expressly declared by one of the contracting parties in accordance with point 2.8. In the event of cancellation before expiry of the selected TARIFF, the remaining amount will not be refunded<\/p>\n

The payment frequency of a TARIFF can be changed to another payment frequency at the end of the month subject to a monthly notice period.<\/p>\n

In the event of a tariff extension or tariff changeover, the CUSTOMER shall enter into the tariff agreement valid at that time.<\/p>\n

- <\/span>General terms and conditions for private customers<\/div>\n
- <\/span>Prices as further explained under 2.6<\/div>\n
- <\/span>Scope of services of the booked tariffs as further explained under 3.1<\/div>\n

with.<\/p>\n

\u00a0<\/p>\n

It is not possible to transfer active TARIFF CONTRACTS directly from one CUSTOMER to another CUSTOMER. A new TARIFF AGREEMENT must be concluded for the new CUSTOMER.<\/p>\n

2.6 <\/span>PRICES<\/span><\/h3>\n

<\/a>Invoicing takes place in euros or the respective national currency. The prices are valid at the time of the order including statutory VAT at the customer's place of residence, plus all expenses incurred with the dispatch. The prices are divided into one-off costs for EMERGENCY CALL DEVICES (hardware) and ongoing tariff charges. They are shown in the shopping basket before the contract is concluded and then in a contract confirmation sent to the customer and in the purchase contract. Should export or import duties become due in the course of despatch, these shall also be borne by the customer (information on this can be obtained from your regional customs office).<\/p>\n

ILOGS is authorised to increase the price for the agreed TARIFF at any time. The CUSTOMER must be notified of this in writing at least four weeks before the planned date of the increase.<\/p>\n

In the event of an increase, the CUSTOMER has a special right of cancellation. He may terminate the contract affected by the increase with a notice period of two weeks before the planned date of the respective increase in text form. The cancellation must be received by ILOGS within this period. The contract then ends on the planned date of the increase, insofar as it has been cancelled.<\/p>\n

By updating the Internet pages and the web shop of\u00a0james.care<\/span>\u00a0all 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.<\/p>\n

2.7 <\/span>Z<\/span>PAYMENT TYPES<\/span><\/h3>\n

You can find our country-specific payment methods in the payment process in the webshop and on our purchase contract.<\/p>\n

2.8 <\/span>K<\/span>ORIGIN<\/span><\/h3>\n

The TARIFFS are limited to the selected term (year, month, etc.) and are automatically extended by the selected period unless the selected TARIFF is cancelled two weeks before expiry. If the selected TARIFF is cancelled before expiry, the remaining amount will not be refunded.<\/p>\n

Cancellations can be carried out by the CUSTOMER as follows:<\/p>\n

a) <\/span>Directly in the online shop james.care<\/span> User profile<\/div>\n
b) <\/span>In writing to the local contact details<\/div>\n
\u00a0<\/div>\n

2.9 <\/span>Z<\/span>PAYMENT DELAY<\/span><\/h3>\n

The purchase of a JAMES EMERGENCY CALL DEVICE can only be made if a valid payment method is specified. A voucher can be redeemed in the process.<\/p>\n

The goods remain the property of ILOGS until full payment has been made. If the goods are not paid for within 14 days, the purchase contract is considered cancelled, unless otherwise stated by ILOGS.<\/p>\n

In the event of non-payment of liabilities due under new or current tariff contracts, the functions on the JAMES EMERGENCY CALL DEVICES shall be automatically terminated and the costs incurred up to this point in time shall be paid by the CUSTOMER. ILOGS is authorised to charge reminder fees and interest on arrears of 5% points above the base interest rate p.a. at <\/span>calculate.<\/p>\n

2.10 <\/span>RESERVATION OF TITLE<\/span><\/h3>\n

If the hardware is purchased from ILOGS, the following regulations apply:<\/p>\n

a) ILOGS retains ownership of the delivered services or goods or of the media processed or created by us until all payments arising from the business relationship with the CUSTOMER have been received. If the CUSTOMER resells goods subject to retention of title, he must also pass on the retention of title. The CUSTOMER must notify us immediately of any access by third parties to 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 permitted with our prior consent.<\/div>\n
b) If payment is not made immediately after a reminder, the goods subject to retention of title must be returned immediately and ILOGS has the right to cancel the purchase contract. The return costs are to be borne by the<\/div>\n
\u00a0<\/div>\n

2.11 <\/span>S<\/span>STORAGE<\/span> OF THE CONTRACT<\/span><\/h3>\n

In the case of online purchases, the content of the contract can be accessed via the user profile in the customer account under the menu item \u201eOrder\u201c. You can print out the order data immediately after sending it to ILOGS. For offline purchases, you will receive the signed purchase contract.<\/p>\n

2.12 <\/span>G<\/span>EVALUATION<\/span><\/h3>\n
a) For hardware purchases, the statutory warranty period is 24 months from delivery.<\/div>\n
b) In the case of hardware rental, the warranty shall remain valid during billed and paid rental periods (there is no warranty for cancelled, paused or unpaid rental periods).<\/div>\n
c) Excluded from the warranty are damage to wearing parts (watch glass, watch strap, scratches, etc.) and damage caused by improper handling (e.g. handling with aggressive liquids, improper charging, damage after throwing, etc.).<\/div>\n
d) The SIM cards supplied and installed may only be changed with the consent of ILOGS.<\/div>\n
e) Any other modifications to the delivered devices are not permitted and will invalidate the warranty..<\/span> The delivered watch must not be opened.<\/span><\/div>\n
f) f) Any defects or incorrect deliveries must be reported to ILOGS in writing (e-mail or letter) immediately after delivery.<\/span> Failure to disclose the defect upon delivery or after it has become visible to a consumer has no influence on the consumer's warranty claims.<\/span><\/div>\n
g) CUSTOMER shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the notice of defect.<\/span><\/div>\n
h) ILOGS, as the operator of the web shop named in the legal notice, provides the services with the utmost care, but is not liable for the services provided by or obtained from third parties.<\/span><\/div>\n
i) When goods are dispatched in consumer transactions, the risk of loss or damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party other than the carrier designated by the consumer. However, if the consumer has concluded the contract of carriage himself without using one of the options proposed by us, the risk is transferred to the carrier as soon as the goods are handed over.<\/span><\/div>\n
j) Damage caused by improper use or use contrary to the contract <\/span>The customer's actions during installation, connection, operation or storage do not justify any claims against ILOGS. Impropriety and non-conformity are determined in particular by the manufacturer's specifications.<\/div>\n

\u00a0<\/p>\n

3 <\/span>V<\/span>APPLICATION<\/span><\/h2>\n

It is strongly recommended that you read the relevant user instructions before using our products and services. Should any uncertainties arise, we can be contacted under our local contact details for clarification.<\/p>\n

3.1 <\/span>U<\/span>OUR SERVICES<\/span><\/h3>\n
a) <\/span>a) JAMES is a technical system for call support that notifies a call centre and\/or a number of CONTACTS when an alarm is triggered by the CAREGIVER. If necessary, the geographical position of the CAREGIVER can be queried, provided that the EMERGENCY CALL DEVICE is technically accessible and a position can be determined.<\/div>\n
b) <\/span>b) The system also offers the possibility for CAREGIVERS and CONTACTS to communicate with each other.<\/div>\n
c) <\/span>c) ILOGS reserves the right to change or extend the functions without prior notice.<\/div>\n
d) <\/span>ILOGS reserves the right to discontinue products or services for technical or other reasons. ILOGS will communicate such measures in good time in advance.<\/div>\n

3.2 <\/span>T<\/span>TECHNICAL LIMITATIONS<\/span><\/h3>\n

ILOGS services can only be guaranteed if all the services involved function properly. For example, the following requirements apply to the smooth functioning of our mobile EMERGENCY CALL DEVICES:<\/p>\n

a) EMERGENCY CALL DEVICE is switched on.<\/div>\n
b) Use in the regions authorised for the SIM card used with the restrictions listed under MOBILFUNK.<\/div>\n
c) Network reception available and functioning telephone connection to the mobile phone network.<\/div>\n
d) Alarm contacts and\/or call centre must be configured and accessible in the system.<\/div>\n
e) The position of the EMERGENCY CALL DEVICE is determined using location-based services (LBS) such as GPS or WIFI triangulation. The accuracy here also depends on the current availability of the localisation technologies used.<\/div>\n
f) ILOGS regularly checks the functionality of the system, but cannot rule out short-term interruptions in operation or inaccurate localisation due to the above-mentioned points.<\/div>\n
g) Any vital signs measured are rough guide values and cannot be used for medical purposes.<\/div>\n
\u00a0<\/div>\n

3.3 <\/span>MOBILE RADIO<\/span><\/h3>\n

ILOGS EMERGENCY CALL DEVICES are supplied with roaming SIM cards. The following restrictions apply to the SIM cards used:<\/p>\n

a) The SIM cards are only authorised for use in the following regions: EU, UK, Switzerland.<\/div>\n
b) Incoming calls are free of charge on our SIM card, but there may be additional charges from the service provider of the calling phone (e.g. smartphone, landline, IP phone).<\/div>\n
c) If the SIM card is misused, it is automatically blocked and the EMERGENCY CALL DEVICE can no longer be used. The following points count as misuse:<\/div>\n
i) <\/span>i) SIM card is used outside the authorised regions.<\/div>\n
ii) <\/span>ii) SIM card is removed from the EMERGENCY CALL DEVICE and used elsewhere (e.g. a smartphone).<\/div>\n
iii) <\/span>iii)The consumption in one month exceeds 5 times the normal monthly maximum consumption of the EMERGENCY CALL DEVICES. The normal maximum consumption per month is: 30 minutes of outgoing calls, 30 text messages and 50 MB of data.<\/div>\n
iv) <\/span>iv)The SIM card calls chargeable numbers (e.g. due to incorrect configuration of the EMERGENCY CALL DEVICE in the ADMIN PORTAL by the CUSTOMER).<\/div>\n
d) The CUSTOMER shall be informed of the cancellation of the SIM card by e-mail.<\/div>\n
\u00a0<\/div>\n

3.4 <\/span>REGULAR<\/span> REVIEW<\/span><\/h3>\n

Users of the system are required to regularly check points 3.2 and 3.3 as follows:<\/p>\n

a) <\/span>Network reception of the clock<\/div>\n
b) <\/span>Display of the last connection to the emergency call device via PORTAL or app<\/div>\n
c) <\/span>c) Test call or test alarm of the JAMES device once a week<\/div>\n

\u00a0<\/p>\n

Further information can be found in the user manual or in the help section of the james.care website.<\/p>\n

3.5 <\/span>HEALTH<\/span><\/h3>\n

Current studies recommend a minimum distance of 15 cm between the JAMES device with a GSM module and a cardiac implant\/pacemaker.<\/p>\n

3.6 <\/span>P<\/span>OBLIGATIONS OF THE CUSTOMER<\/span><\/h3>\n

The CUSTOMER is obliged,<\/p>\n

a) to notify us immediately of any changes to the stored contract data.<\/div>\n
b) <\/span>ensure that the JAMES EMERGENCY CALL DEVICES are not tampered with.<\/div>\n
c) <\/span>ensure that the technical restrictions (point 3.2.) are checked regularly.<\/div>\n
d) <\/span>ensure that the emergency call device is used correctly and that contact with dirt and dust is avoided as far as possible.<\/div>\n
e) <\/span>ensure that the battery of the JAMES EMERGENCY CALL DEVICE is sufficiently charged.<\/div>\n
f) <\/span>f) not to misuse access to the services or the services themselves.<\/div>\n
g) <\/span>g) not to make any calls to chargeable numbers.<\/div>\n
h) <\/span>The CUSTOMER is obliged to inform the CUSTOMER or the CUSTOMER's SUPPLIER about all obligations under this point and about the scope of services of the ILOGS products.<\/div>\n

ILOGS reserves the right to take legal action in the event of a breach of the above conditions.<\/p>\n

before. In addition, the customer shall be liable for all costs or damages incurred and\/or possible<\/p>\n

claims of third parties.<\/p>\n

4 <\/span>ADDITIONAL SERVICES<\/span><\/h2>\n

4.1 <\/span>24\/7 R<\/span>CENTRE<\/span><\/h3>\n

ILOGS offers the option of using a 24\/7 CALL CENTRE. This is automatically contacted in the event of alarms if either no other CONTACT is stored or none of the CONTACTS can be reached in the event of an alarm.<\/p>\n

In the JAMES APP or in the JAMES WEB PORTAL, it is possible to specify the order in which the 24\/7 CALL CENTRE should be contacted in the event of an alarm being raised by the ACCESSOR. In addition, instructions can be stored in the event of an alarm to make it easier for the helpers or rescue services to respond. These instructions are passed on to the emergency services by the 24\/7 CALL CENTRE in the event of an alarm. ILOGS is not responsible for the extent to which this information is taken into account by the emergency services and accepts no liability for this.<\/p>\n

If there are no further instructions for the 24\/7 CALL CENTRE, it will first attempt to call the ACCUENT on all JAMES EMERGENCY CALL DEVICES to clarify whether assistance is required. If the ASSISTANT cannot be reached, the rescue service and the CONTACTS (if available) will be notified.<\/p>\n

Telephone calls to the 24\/7 RUFZENTRALE can be recorded via voice recording. The recordings can be used for complaints, for evidence and for training purposes within the RUFZENTRALE.<\/p>\n

Any costs incurred for alerting emergency services (e.g. ambulance, claims due to rescue operations, breaking open doors, replacing keys\/cylinders, etc.) must be borne by the CUSTOMER. This applies in particular if the emergency services are called out due to a false alarm.<\/p>\n

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.<\/p>\n

4.2 <\/span>DEMENCE<\/span><\/h3>\n

ILOGS optionally offers the additional function \u201eDementia\u201c with an additional tariff in conjunction with JAMES EMERGENCY CALL TIMES for CUSTOMERS with a tendency to wander (also \u201epersons at risk of wandering off\u201c). The CUSTOMER can use this function to set up movement zones. Optionally, a\u00a0JAMES Locator<\/span>\u00a0can be ordered and used. This supports localisation at the place of residence. The functionality and accuracy are dependent on the TECHNICAL RESTRICTIONS as per point 3.2. The definition and set-up of the movement zones are the responsibility of the CUSTOMER and the ACCOMPANYED.<\/p>\n

4.3 <\/span>FURTHER <\/span>PERFORMANCE<\/span> AND TARIFFS<\/span><\/h3>\n

Detailed contents and restrictions can be found in the service descriptions of the products.<\/p>\n

5 <\/span>OTHER<\/span><\/h2>\n

5.1 <\/span>DATA PROTECTION<\/span><\/h3>\n

When processing personal data provided by the CUSTOMER in connection with the purchase of the JAMES EMERGENCY CALL DEVICE and data associated with the use of the services offered by ILOGS, ILOGS complies with the applicable data protection legislation (GDPR from May 2018) and the right of access, right to rectification, right to restriction of processing, right to data portability, right to erasure and right to object specified therein.<\/p>\n

The purpose of information processing is the fulfilment of the contract in question. The information is a prerequisite for the provision of services, in particular for forwarding alerts, as well as for invoicing and processing support requests.<\/p>\n

I also agree that ilogs healthcare GmbH may contact me about new, relevant products and services. I can revoke my consent at any time. \u00a0<\/p>\n

ilogs healthcare GmbH, Krone Platz 1, 9020 Klagenfurt am W\u00f6rthersee, is responsible for data processing. You can contact the data protection officer directly at the following e-mail address: datenschutz@ilogs.care<\/span><\/a><\/p>\n

The legal basis for the processing results from the fulfilment of the contract in accordance with Art 6 para 1 lit b GDPR.<\/p>\n

The data is managed in a secure data centre in the EU. When using a 24\/7 RUFZENTRALE data centre, the RUFZENTRALE has access to the data required to perform its service.<\/p>\n

The personal data will be passed on to third parties if this is necessary for the fulfilment of the contract. These third parties include emergency services, IT service providers and CONTACTS registered in the JAMES system.<\/p>\n

In addition to these GTCs, the provisions of our privacy policy apply with regard to the processing and storage of data: https:\/\/james.care\/privacy\/<\/span><\/a>.<\/p>\n

5.2 <\/span>DISCLAIMER<\/span><\/h3>\n

a) ILOGS excludes any liability for damages of any kind, to the extent permitted by law. The maximum amount of damages to be paid is limited to the amount agreed as the purchase price of the delivered EMERGENCY CALL EQUIPMENT.<\/p>\n

b) ILOGS is only liable for breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., in the event of financial loss in cases of intent or gross negligence. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction.<\/p>\n

In the event of slight negligence, ILOGS is only liable for personal injury.<\/p>\n

d) ILOGS is not liable for indirect damage, loss of profit, loss of interest, failure to make savings, consequential damage and financial loss, damage arising from third-party claims or for the loss of data and programmes and their recovery. Compensation for (consequential) damages, as well as other property damage, financial losses and damages of third parties against the CUSTOMER, unless it is a consumer transaction, is excluded.<\/p>\n

b) In particular, ILOGS is not liable for force majeure and transmission errors for which it is not responsible.<\/p>\n

c) ILOGS is not liable for failure to check the technical restrictions (point 3.2.)<\/p>\n

Furthermore, ILOGS is not liable for faults that are the responsibility of the telephone company or a contracted service and the general network coverage as well as the availability of the clock used and the telephones of alarm contacts.<\/p>\n

The CUSTOMER uses the JAMES EMERGENCY CALL DEVICE at his own risk. If the CUSTOMER has purchased the product including a roaming SIM card, the mobile phone contract is an integral part of this contract. Switching off, disruption or restriction of the mobile phone services is not the responsibility of ILOGS and has no effect on the claims arising from these terms and conditions. However, ILOGS is responsible for managing the roaming SIM cards installed in JAMES EMERGENCY CALL DEVICES, e.g. card blocking, activation, deactivation, blocking of certain telephone numbers.<\/p>\n

h) The exclusion of liability also includes claims against employees, representatives and vicarious agents of ILOGS due to damage caused by them to the CUSTOMER - without reference to a contract on their part with the CUSTOMER.<\/p>\n

5.3 <\/span>W<\/span>IDERRUGE RIGHT<\/span><\/h3>\n

The CUSTOMER has the right to cancel the contract within fourteen days without giving reasons. The cancellation must be made in writing by letter or email. ILOGS provides a sample cancellation form for this purpose.<\/p>\n

CANCELLATION OF GOODS DELIVERY:<\/strong><\/p>\n

If the CUSTOMER has received goods in connection with the contract, he must return or hand over the goods to the following address or the local returns address immediately and in any case within fourteen days at the latest from the day on which the CUSTOMER informs ILOGS of the cancellation of this contract:<\/p>\n

ilogs healthcare GmbH
Crown Square 1
9020 Klagenfurt | Austria
Tel:<\/span>\u00a0+43 (0) 463 305 003
E-mail:<\/span>\u00a0support@ilogs.care<\/p>\n

The CUSTOMER shall bear the direct costs of returning the goods.<\/p>\n

The CUSTOMER shall only be liable for any loss in value of the goods if this loss in value is due to handling by the CUSTOMER that is not necessary for checking the quality, properties and functionality of the goods.<\/p>\n

REPAYMENT AFTER RECEIPT OF GOODS:<\/strong><\/p>\n

If the CUSTOMER cancels this contract, ILOGS must refund all payments received by ILOGS, including delivery costs (with the exception of additional costs resulting from the fact that a different type of delivery than the cheapest standard delivery offered by ILOGS was chosen), immediately and at the latest within fourteen days from the day on which ILOGS received notification of the cancellation of this contract. For this repayment, ILOGS will use the same means of payment that was used by the CUSTOMER in the original transaction, unless expressly agreed otherwise with the CUSTOMER; in no case will fees be charged for this repayment. In the case of sales contracts in which ILOGS has not offered to collect the goods itself in the event of cancellation, ILOGS may refuse repayment until ILOGS has received the goods back or until the CUSTOMER has provided proof that he has returned the goods, whichever is the earlier.<\/p>\n

CANCELLATION TARIFF:<\/strong><\/p>\n

If you have requested that the services should commence during the cancellation period, you must pay ILOGS a reasonable amount corresponding to the proportion of the services already provided up to the time you inform ILOGS of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.<\/p>\n

Sample cancellation form<\/span><\/p>\n

The model declaration of revocation is also available for download as a PDF file:
PDF download sample cancellation form<\/span><\/a><\/p>\n

5.4 <\/span>S<\/span>ESCAPE CLAUSE<\/span><\/h3>\n

Should individual parts of these General Terms and Conditions for Private Customers (B2C) be invalid, this shall not affect the validity of the remaining parts.<\/p>\n

5.5 <\/span>A<\/span>NAPPABLE<\/span> R<\/span>REAL<\/span> AND <\/span>G<\/span>ERICHTSSTAND<\/span><\/h3>\n

<\/a>The contracting parties agree that Austrian law shall apply. If the consumer is domiciled or habitually resident in Austria or is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction to hear an action against the consumer; this shall not apply to legal disputes that have already arisen. <\/a>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.<\/p>\n

The contracting parties agree that Austrian law shall apply. 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. The place of jurisdiction is the respective address of the ILOGS location.<\/p>\n

5.6 <\/span>ARBITRATION BOARD<\/span><\/h3>\n

We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes:<\/p>\n

www.ombudsmann.at<\/span><\/a>
Internet Ombudsman
Margaret Street 70\/2\/10
1050 Vienna
Austria<\/p>\n

For more information on the types of procedure, see\u00a0www.ombudsmann.at<\/span><\/a>\u00a0or in the respective procedural guidelines:<\/p>\n

Procedural Guidelines of the Internet Ombudsman for Alternative Dispute Resolution under the AStG (AStG Arbitration Procedure)
Download procedural guidelines<\/span><\/a><\/p>\n

Guidelines for the Conciliation Procedure with the Internet Ombudsman outside the Scope of the AStG (Standard Procedure)
Download guidelines for the conciliation procedure<\/span><\/a><\/p>\n

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\u00a0http:\/\/ec.europa.eu\/consumers\/odr\/<\/span><\/a>\u00a0find. We are prepared to participate in an out-of-court conciliation procedure.<\/p>\n

5.7 <\/span>C<\/span>OPYRIGHT<\/span><\/h3>\n

All news, graphics and the design of the ILOGS website are intended solely for the personal information of our customers. Use is at your own risk. All data on this website is protected by \u00a74 and \u00a787a ff. of the German Copyright Act. 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 normal use and constitutes an infringement of copyright.<\/p>\n<\/div><\/div>\n<\/section>","protected":false},"excerpt":{"rendered":"

Allgemeine Gesch\u00e4ftsbedingungen f\u00fcr Privatkunden (B2C) AGB f\u00fcr Gesch\u00e4ftspartner (B2B) Datum: 1.10.2025 Die Firma ilogs healthcare GmbH (im Folgenden \u201eILOGS\u201c) betreibt den virtuellen Shop\u00a0james.care Firmensitz:\u00a0Klagenfurt am W\u00f6rthersee, \u00d6sterreichilogs healthcare GmbHKrone Platz 19020 Klagenfurt Rechtsform:\u00a0GmbHKundendienst:\u00a0Zeiten und Kontakte siehe online unter: \u00a0james.care\/kontaktTelefon:\u00a0+43 (0) 463 305 003Web:\u00a0james.careE-Mail:\u00a0support@ilogs.care Gesch\u00e4ftsf\u00fchrer:\u00a0Dr. Walter LiebhartTel:\u00a0+43 (0) 463 305 003E-Mail:\u00a0office@ilogs.careFirmenbuch-Nr.:\u00a0481242iFirmenbuchgericht:\u00a0Landesgericht KlagenfurtZust\u00e4ndiges Finanzamt:\u00a0Finanzamt Klagenfurt (FA57)UID-Nr:\u00a0ATU72724778 Aufsichtsbeh\u00f6rde:\u00a0Magistrat […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_breakdance_hide_in_design_set":false,"_breakdance_tags":"","footnotes":""},"class_list":["post-21843","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/pages\/21843","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/comments?post=21843"}],"version-history":[{"count":2,"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/pages\/21843\/revisions"}],"predecessor-version":[{"id":176871,"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/pages\/21843\/revisions\/176871"}],"wp:attachment":[{"href":"https:\/\/james.care\/en\/wp-json\/wp\/v2\/media?parent=21843"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}