General Terms & Conditions
Juno Institut GmbH – Ivary
(from November, 2016)
1. Terms & Conditions
- „Ivary“ or „us“: Juno Institut GmbH, Neubaugasse 36/1/7, A-1070 Vienna, Reg. Nr.: FN 421045i, Business Registration Authority: Chamber of Commerce of Vienna (Austria), together with external agents in charge of the fulfilment of the contract, in particular, the associated Lab;
- „Associate Lab“: Mühl-Speiser-Bauer-Spitzauer und Partner Fachärzte für medizinische und chemische Labordiagnostik OG, Kürschnergasse 6B, 1210 Vienna, Reg. Nr.: FN 364646w,Business Registration Authority: Chamber of Commerce of Vienna (Austria);
- „Customer“ or „you“: A physical person, with the intention of acquiring services, and therefore making a contract with ivary, or having already done so.
- „Customer contract“: Every contract between ivary and the customer.
- „Buying order“: The offer described in the customer contract.
- „ KSchG “ refers to the Austrian Consumer Protection Act (“Konsumentenschutzgesetz”), BGBl. (Federal Law Gazette) 1979/140 in the currently applicable version.
- „FAGG“ refers to the Austrian Remote Sales and Foreign Business Act (“Fernabsatz- und Auswärtsgeschäftegesetz”), BGBl. (Federal Law Gazette) 2014/33 in the currently applicable version.
- “GTC” refers to the General Terms and Conditions of JI in the currently applicable version.
2. Scope of application
- All offers available on the website www.ivary.io and all contracts concluded via this website and/or directly at our institute at Neubaugasse 36/1/7 1070 Vienna, also in the future, shall be exclusively governed by the present GTC. Any deviating conditions by the customer are not valid, unless we have consented to their applicability in writing.
3. Contracting party
- By ordering on www.ivary.io, you conclude a contract with:
Juno Institut GmbH
A-1070 Vienna, Austria
Phone: +43 (1) 9297296
JI offers consultancy and diagnostic services as well as coaching in the areas of family planning, fertility and the desire to have children. The focus lies on preventive fertility medicine and unintentional childlessness.
4. Ordering process and conclusion of contract
- We offer a fertility test which is available on our website www.fruchtbarkeitstest.at as well as directly on-site in our institute in Vienna. Detailed information on the relevant Anti-Müllerian hormone (AMH) and the fertility test in general can be found on our website www.ivary.io that is constantly updated.
- In a first step, the potential customer has to answer some general questions to assess the individual suitability to the test. This step is free of charge.
- After clarification of suitability, the actual ordering process starts, in the course of which the customer has to fill in her full name, her complete address and her email-address. Before completing the ordering process, the customer receives an overview of her provided personal data and information as well as the full wording of the Contract declaration. By clicking the button “Submit a binding purchase order” the customer submits a binding offer to conclude a customer contract with us. At this step, the customer has the option to explicitly agree to the fulfillment of the contract before expiry of the 14 days legal revocation period (see point 9 of the present GTC).Subsequently, the customer has to answer several questions concerning personal lifestyle factors, body measurements, age and medical history. The truthful and complete disclosure of said information is an indispensable prerequisite for a proper interpretation of the Anti-Müllerian hormone data.
- We are not obliged to accept the customer’s contract offer. Subject to the right of withdrawal, the customer is legally bound to her offer for seven days.
- We can accept the customer’s offer by sending the contract to the email-address provided (“Order confirmation”) and by subsequently shipping the home-test-kit (hereinafter referred to as “test kit”) to the postal address indicated by the customer during registration. In the order confirmation, the customer will be provided once again with our GTC as well as a video containing instructions for the proper blood sampling.
- The test-kit contains all necessary material for the customer to take a blood sample by herself. Subsequently, the customer shall return this blood sample in an envelope specifically provided for this purpose. It is of essential significance for the quality/accuracy of the diagnostic findings that the blood sample reaches the partner laboratory within 36 hours (!) upon the time of blood drawn, hence it has to be sent to the partner laboratory by the customer immediately upon blood sampling. The test kit has to be sent from the customer by registered mail (in Vienna, Lower Austria and Burgenland) or via Express Mail Service (EMS) in the pre-addressed envelope to the partner laboratory. The customer bears the costs as well as the mailing risk.
- The partner laboratory is entitled to request another blood sample in case the quality or quantity of the blood sample is insufficient. The customer is aware that in this case she has to bear the costs for the additional transmission by post and the second laboratory test. Furthermore, she takes note that JI cannot provide any guarantee for the accuracy and reliability of results of blood samples that do not reach the laboratory within 36 hours after having taken the blood sample.
- Subsequently, within four working days upon receipt of the test kit by the partner laboratory, the customer will be provided with the interpretation of the Anti-Müllerian hormone. For this purpose, the customer will receive a notification e-mail, and after entering the personal code provided, the customer gets access to her private results. The customer will be able to retrieve her results within 12 months after receipt.
- JI will take all the necessary steps to ensure that the interpretation of the Anti-Müllerian hormone will be provided within the shortest possible time-frame. However, JI shall generally not be held responsible for any technically unforeseeable delays.
5. Service conditions and description to the Customer
- Currently, we are providing our services exclusively to customers in Austria, Belgium, Czech Republic, Denmark, France, Germany, Hungary, Italy, Liechtenstein, Luxembourg, Netherlands, Portugal, Slovakia, Slovenia, Spain, and Switzerland.
- We explicitly point out that our fertility test, especially the testing of the Anti-Müllarian hormone, does not replace medical consultation.
- The information provided on the website www.ivary.io and in the framework of the ivary test is merely indicative, and its accuracy and correctness cannot be guaranteed by JI. Accordingly, the use of the offer provided by JI, especially the services provided at www.ivary.io, occurs on the sole responsibly of the customer, who is personally responsible for all the decisions she takes based on the ivary test.
- The test results and all personal data shall be kept strictly confidential by us and may not be transferred to third parties. The partner laboratory shall not receive any other information on the customer than the allocated code.
- JI does not have any influence on the assessment of the absolute AMH value (test value of the Anti-Müllerian hormone). The assessment shall be performed by the partner laboratory. The partner laboratory respects all necessary quality standards for laboratories certified according to Austrian standards. We expressly point out that the result of the ivary test is to be considered as an assessment. The actual development of the personal period of fertility can vary considerably, for example as a result of ovarian surgery, malignant diseases or repeated pregnancies. With purchase of the test, the customer takes note of this information. It cannot be excluded, that medical studies in the future might allow different or additional interpretation of the Anti-Müllerian hormone.
- We expressly point out that the ivary test solely measures the ovarian reserve and not the actual probability of the customer to get pregnant. The probability is considerably influenced by, among other things, underlying diseases and the sperm quality of the partner. Individual factors as physical exercise, nutrition, genital surgery and smoking influence the ovarian reserve so that a fertility test executed at a later point in time might lead to a different result. For most reliable results we recommend to repeat the ivary test after a period of 2-3 years.
6. Prices, shipping costs and payment methods
- The prices indicated on our website www.ivary.io are listed in Euros. They include taxes and the shipping costs for sending the test kit to the customer. The costs for sending the blood sample to the partner laboratory have to be borne by the customer.
- For payment we accept credit cards (VISA or Master card) or Paypal. For the customer, no additional costs occur when using these payment methods.
7. Payment and default in payment
- The invoice amount has to be paid promptly after confirmation via the button “Submit a binding purchase order” by using one of the payment methods described under point 6.2.
- The customer has to ensure that the full invoice amount is credited to JI’s bank account without deductions. In case of international bank transfer, the customer bears all bank charges incurred. In the event of default in payment, the customer shall bear interest of 4% of the amount due.
8. Further obligations of the Customer
- The customer shall bear sole responsibility for the correctness of the data entered by her.
- The access code transferred to the customer to access her personal results shall be kept strictly confidential in respect of third parties and to prevent misuse by third parties. The customer bears sole responsibility for all actions done when logged in with her access code.
- If the customer suspects or gets knowledge of a misuse of her confidential access code she shall inform us immediately.
- If we have reason to believe that the entered data is incorrect or used abusively, we reserve the right to exclude customers from using our offer and services.
9. Right of revocation/ Right of withdrawal (hereafter referred to as “right of withdrawal”)
- Cancellation policy
You have the right to cancel your contract declaration or your valid customer contract within 14 days without providing reasons. The withdrawal period is 14 days upon conclusion of the contract. In case we did not fulfill our obligation to inform the customer about the right of withdrawal (conditions, periods and execution of this right), the withdrawal period shall be extended by twelve months. If we deliver this information at a later stage within these 12 months, the right of withdrawal ends 14 days after the moment you have been provided with this information. To execute your right of withdrawal, you have to send a clear declaration to us (via postal letter, fax or e-mail):
Juno Institut GmbH
A-1070 Wien, Österreich
Telefon: +43 (1) 9297296
In that declaration you should inform us about your decision to cancel the contract. You can use this template available on our website, but its use is not mandatory. The timely transmission of the communication expressing the will to execute the right of withdrawal is sufficient for compliance.
- Consequences of withdrawal
If you cancel your contract declaration or your valid Customer Contract we are obliged to refund all payments received by you, including shipping costs for sending the test kit, promptly and at the latest within 14 days upon receipt of your communication of withdrawal. For the refund, the same payment method as in the initial transfer will be used unless explicitly agreed otherwise in writing; in no case fees will be charged for this refund.
If, upon your request, the provision of our services started during the period of withdrawal, you are obliged to pay an appropriate amount to JI which is in accordance with the services already rendered until the moment of the execution of the right of withdrawal and which is proportional in comparison with the total volume of services initially stipulated.
You have no right of withdrawal for contracts of services if we started rendering the service before expiry of the compliance deadline and the service has been fully delivered by then.
10. Warranty, liability of JI and liability of the customer
- The warranty underlies legal provisions whereby JI explicitly points out the scope of services and the relevant clarification according to point 5 of these GTC.
- The customer is responsible for any decision she takes based on the results of the ivary test and will inform third parties concerning the specified scope of services as well as the relevant information according to point 5 of the present GTC. If JI should be subject to prosecution of third parties due to the results of the ivary test and/or decisions taken on the basis of the latter, the customer will be held harmless by JI.
- We can be held responsible only for damages on the customer that we caused deliberately or by gross negligence. This is not valid for personal injuries or claims according to the product liability law.
- Online transmission channels might not be protected against unauthorized access of third parties. This implies that a technically skilled and experienced person might be able to access to foreign data, read and edit it. The customer bears the related risks in this matter. We do not assume any liability for the consequences of unauthorized access of third parties but we commit ourselves to take appropriate and state-of-the-art-measures to keep up with data security standards.
- The website www.ivary.io contains links (direct connections) to websites offered by third parties. These links are to be considered as a simple service. No liability is assumed for the content of these websites.
11. Use of personal data
- Personal data provided by you is used exclusively to the extent that is indispensable for the provision of the requested service and/or for the execution of the contractual relation and to the extent permitted by law.
- Any services exceeding those initially requested by you and/or any use of personal data other than to the extent necessary for the execution of the contract is only possible within the legal limits and/ or if you have explicitly given your separate approval in writing.
- You will find further information on the utilization of personal data in our Privacy statement.
- The design of the website www.ivary.io as well as its contents such as the source text, embedded texts, pictures, graphs, layouts, sounds, animations, videos, databases and the like are subject to copyright and, unless third parties hold rights on said contents, the right of their use and exploitation is reserved exclusively for JI. Licensing requires the written form and must not be transmitted electronically.
- The software used by JI, the underlying calculation algorithms and the interpretation of the results on the website www.ivary.io are the intellectual property of JI. The offer of this website cannot be interpreted in a manner as to transfer by implication, estoppel or any other manner, a license or an ownership of a copyright, patent or any other property law. The contents of the website shall not be offered or used in whatever manner by unauthorized third parties in course of business.
13. Final provisions
- The contractual language is German.
- The text of the contract is not stored by us. We recommend to keep our order confirmation and these enclosed GTC
- As far as they are not in conflict with imperative law, Austrian law is applicable to any disputes that might arise of the customer contract or in relation with it, including the validity of the contract itself, under exclusion of the referral norms and UN commercial law.
- As far as they are not in conflict with imperative law, exclusive place of jurisdiction is Vienna, Austria. For customers having their abode or usual place of residence in Austria or are employed in Austria, the court in whose jurisdiction the abode, usual place of residence or workplace of the customer is situated shall be competent.