Terms of Service

For all purchase agreements made on this page, the following terms and conditions apply:

Your supplier and contractor Femna is a service of:
Femna Health M.E. GmbH
Fürbringerstrasse 9
10961 Berlin

Directors: Maxie Matthiessen, Emily Casey
Commercial Register: Amtsgericht Charlottenburg (Berlin):
HRB 177116 B
VAT ID: DE 30 66 44 380

 

1. Validity

  • The following terms and conditions (hereinafter referred to as T&C) act as a signed contract for Femna Digitale Frauengesundheit UG (hereinafter referred to as „Femna“) through the online shop www.femna.eu, including the relevant redirected domains. All deliveries, services and offers from Femna are made solely on the basis of these terms and conditions.
  • In accordance with § 1 (1) both consumers and entrepreneurs are considered clients. Consumer means any individual, whose reason for ordering cannot be attributed to a commercial, independent or freelance work. In contrast, an entrepreneur is an individual or legal entity or unincorporated company, appointed for commercial, independent or professional purposes.

 

2. Order and conclusion of a contract

  • The representation of products in the online shop www.femna.eu is not an offer, but an invitation to submit an order. After electronically ordering via our online shop, you can order goods. If you select one or more products, the latter are placed in the virtual shopping cart. In this virtual shopping cart all chosen products can be viewed. In addition you can change the number of selected products as well as delete a selected product from the list. By pressing the button „Checkout“ you will be prompted for the relevant shipping information, and to select a method of payment. Before completing the order you will be shown all the relevant information together. By pressing the button „buy now“ the ordering process is terminated.
  • Your order constitutes a binding offer. Your order will be confirmed directly after being sent and still does not represent agreement to a contract. We can accept your order within five days by sending an order confirmation via e-mail or by delivery of the goods.
  • Our promotional offers are subject to no other agreement or statement.
  • To change your order, or for questions about our return policy you may contact us by e-mail at hello@femna.de
  • The minimum age to complete an order is 18 years. Children under 18 years of age must have parental consent before placing an order.

Please send your returns to the following address only:

Femna Health M.E. GmbH
Fürbringerstrasse 9
10961 Berlin

 

3. Pricing

For orders, the prices listed at the time of ordering the products apply. All prices include German VAT and do not include shipping. Additional costs will be charged separately.

 

4. Delivery

  • Delivery is 4 EUR for delivery within Germany. Delivery within the EU is 6 EUR. Delivery outside the EU is 8 EUR.
  • Femna is entitled to partial deliveries and partial services. Additional costs will then be covered by Femna.
  • Delivery is via DHL and Deutsche Poste.
  • If a buyer does not collect their goods, Femna can sell the goods to a third party after an expiration period of 2 weeks and make the original purchaser liable for any loss incurred.
  • Should the goods not be available due to force majeure or product setting, or if Femna cannot obtain the selected products under reasonable conditions, and should these conditions arise after conclusion of the contract and not be the fault of Femna, Femna is exempt from the obligation to deliver. Should circumstances significantly impede delivery or make delivery impossible for Femna – for example, strikes, lockouts, official orders or similar – Femna is not responsible for delays even with binding deadlines and dates.
  • Should you exercise your right to cancel, you must bear the cost of returning goods if the delivered goods correspond to what was ordered.

 

5. Terms of payment

  • For orders we offer the payment methods credit card (Visa, MasterCard) and PayPal.
  • If you are paying by credit card, the value of the order will be debited from the account upon shipment of the goods.

 

6. Transfer of risk

For consumers the risk of unexpected loss and accidental deterioration of the ordered goods passes over with the delivery thereof to the consumer or a recipient appointed by them. This applies regardless of whether the shipment is insured or not. In other cases, the risk of an unforeseen loss and accidental deterioration of ordered goods passes over with the delivery, forwarding transactions for the delivery of the goods to the carrier or otherwise while dispatching to a chosen person or agency responsible for the buyer.

 

7. Reservation of ownership; offsetting; right of retention

  • For consumers, we retain ownership of the goods until full payment of the invoice amount. If you are a business in the course of your trade or profession, a legal entity under public law or a public special asset, we retain ownership of the goods until settlement of all outstanding claims from the business relationship with the purchaser. The appropriate security rights are transferable.
  • A right of set off is available only if your counterclaims have been legally established or undisputed or recognised by us. You also have a right of retention if and only if your claim is based on the same contractual relationship.
  • If the customer has payment obligations in arrears, all existing debts become due immediately.

For questions about the collection, processing or use of personal data, the disclosure, correction, blocking or deletion of data and revocation of consents granted, please contact: hello@femna.de

 

8. Revocation

If you are a consumer as defined in § 13 German Civil Code, you have a right of withdrawal. This right does not apply to distance contracts which are clearly tailored to personal needs or which are not suitable for return due to their nature.

Conditions

Revocation rights
You can revoke your contract within 14 days without giving reasons in writing (letter, fax, email or phone) or – if the matter is left to you before the deadline – by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e Section 1 Clause 1 German Civil Code in conjunction with Article 246 § 3 German Civil Code. The revocation period is sufficient to send the revocation or item.

The revocation must be sent to:

Femna Health M.E. GmbH
Fürbringerstrasse 9
10961 Berlin
E-Mail: hello@femna.de

Consequences of revocation
In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. If you cannot partly tell us about the performance received (e.g. benefits of use) or only return the items in a deteriorated condition respectively, you must pay us compensation for the value. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to handling the item, which goes beyond the consideration of the characteristics and functioning. “Testing the properties and functioning” refers to testing and trying out the respective goods, as is possible and customary in a retail store. Shippable goods are to be returned at our risk. You must bear regular return costs if the delivered goods match what was ordered. Otherwise the return is free for you. Non-packageable items are to be picked up by you. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

End of cancellation policy

The return of goods should be made to the following address:
Femna Health M.E. GmbH
Fürbringerstrasse 9
c/o Maxie Matthiessen
10961 Berlin

You may contact us at hello@femna.de to obtain a Return removal order for the return of the goods.

 

9. Defects/Warranty

Statutory warranty regulations apply. Important Note: Please consult your physician for known intolerances. The same applies to possible interactions with other simultaneously ingested products.

 

10. Data Protection

For data protection, please refer to the provisions of our Privacy Statement.

 

11. Disclaimer

  • Femna is liable for any breach of contractual and non-contractual obligations under the law. In particular Femna is only liable for damages resulting from intentional or grossly negligent conduct, unless there is injury to life, body or health or to the violation of essential contractual obligations (cardinal obligations). In the case last mentioned, the liability of Femna is limited to compensation of foreseeable, typically occurring damage. Liability limitations shall not apply if Femna fraudulently concealed a defect or has a guarantee for the quality of the goods. Liability claims under the Product Liability Act shall remain unaffected.
  • The regulations of the above paragraph shall apply mutatis mutandis to legal representatives, officers and agents of nu3.

 

12. Place of jurisdiction

  • If the client does not reside within the European Union, Berlin is the place of jurisdiction. In dealings with consumers within the European Union the right to the residence of the end consumer may also be applicable, if it is mandatory to consumer law. If the customer is a merchant, a legal entity under public law or a public special asset, Berlin is the exclusive place of jurisdiction for all disputes arising directly or indirectly resulting disputes.
  • The contractual language is English.
  • These Terms and Conditions as well as the further relationship between Femna and the customer are subject to German law. The CISG does not apply.

 

13. Severability

If any provision in this Agreement, including this clause, is entirely or partially invalid, or if the contract contains a gap, the validity of the remaining provisions or parts of such provisions remains unaffected.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.