E-commerce correspondence takes place via the Internet. Medtronic accepts no responsibility for any loss suffered as a result of Internet use. In particular, Medtronic is not responsible for loss or damage arising from malfunctions or network overloads.
Despite state of the art processes applied to services and purchases made on the Diabetes eShop, total security can never be guaranteed.
The user acknowledges the following inherent risks, in particular:
Insufficient system knowledge and inadequate security precautions may facilitate unauthorized access. It is the user’s responsibility to seek detailed information on the necessary security precautions and to protect his/her computer using up-to-date software and protection programs.
There is a risk of a third party securing unnoticed access to the user’s computer during Internet use. This risk arises e.g., if software from an unreliable source is used.
There is a risk that computer viruses may be propagated to the computer when the Internet is being used. Corresponding software can support the user in his or her security precautions.
Medtronic shall not have any responsibility for the website being temporarily unavailable, for any or all the website functions being down, or for the malfunctioning of the website. Medtronic's website may temporarily be down, or only have limited availability, due to maintenance work or for other reasons.
Medtronic is responsible to the user for foreseeable loss and damage caused by us. If Medtronic fails to comply with these T&Cs, it is responsible for loss or damage the user suffers that is a foreseeable result of Medtronic’s breach of this T&Cs or Medtronic’s failure to use reasonable care and skill, but Medtronic is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these T&Cs were accepted, both Medtronic and the user knew it might happen, for example, if the user discussed it with Medtronic during the sales process.
Medtronic does not exclude or limit in any way its liability to the user where it would be unlawful to do so. This includes liability for death or personal injury caused by Medtronic’s negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the user’s legal rights in relation to the products including the right to receive products which are: as described and match information we provided to the user and any sample or model seen or examined by the user; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the applicable consumer protection legislation.
Medtronic only supplies the products for domestic and private use. If a user uses the products for any commercial, business or re-sale purpose Medtronic will have no liability to the user for any loss of profit, loss of business, business interruption, or loss of business opportunity.