The Diabetes eShop services relate to all services which, through the use of IT equipment (computer, mobile phones, etc.) have access to other services (for example e-commerce, text messaging, newsletters, etc.).
Medtronic reserves the right to amend at any time these T&Cs, and to publish the current version on the website at https://selfpay-shop.medtronic-diabetes.co.uk., so please check the latest version of these T&Cs before each order.
The T&Cs that will apply are those valid on the date of purchase of products on the Diabetes Shop, or of use of the Diabetes Shop.
Registering, opening and maintaining a user account is free of charge. The details of the user account are personal and may not be transferred by the user to third parties.
Use of Medtronic's services cannot be made without opening a user account.
Access to services is limited to users who have verified their identity during the registration process implemented by Medtronic.
Capacity to act
Use of the Diabetes eShop is presently only available to individuals.
An individual may only open a user account if he or she has unlimited capacity to act. Only individuals aged 18 or over can create an account. A legal guardian shall create an account for under-age users (individuals under the age of 18 years).
Rights and obligations of the user
Anyone who has opened a user account must keep their login password confidential at all times, and to never disclose it, or make it available to third parties.
The password and means of identification are personal and must not be shared with anyone else. Anyone who has opened a user account takes the entire responsibility for any loss that may result from disclosure or reproduction of their means of identification.
Should the user suspect third parties to have had knowledge of - or access to - his or her means of identification, he or she must inform Medtronic immediately so that access to his or her user account may be blocked.
Ordering and using products exclusively for your own use
The user may only order products for his or her own personal use. The user shall not be entitled to re-sell products obtained via the Diabetes eShop, barter them or pass them on in any other way, either against payment or free of charge.
Usage responsibility. Consultation with a doctor
The products shall be used exclusively and responsibly by the user, in accordance with the accompanying patient information leaflet. The user is responsible for consulting his or her medical practitioner if necessary.
Concluding the contract and purchase price
Contract coming into force
By submitting an order on the Diabetes eShop, the user makes Medtronic an offer to purchase and acknowledges to pay the corresponding fees to Medtronic. A confirmation email will be sent by Medtronic to confirm the acceptance of the order, at which point a contract will come into existence between the user and Medtronic.
Medtronic may not accept the order in some circumstances, for example if the product is out of stock or because of unexpected limits on our resources which we could not reasonably plan for or if we have identified an error in the price or description of the product. If Medtronic are unable to accept the order, we will inform the user of this by email and will not charge for the product.
By placing the order, the user acknowledges it shall comply with all the obligations set out in these T&Cs.
Right of cancellation
The user has the right to cancel any order within 14 days of receipt of the order. Cancellation of the order can be done by either contacting firstname.lastname@example.org by email or +44 (0)1923 205 167 by phone. Users exercising their right to cancel must return products to Medtronic which are unopened and in a saleable condition within 30 days from delivery. Medtronic will provide the customer with a pre-paid return label unless otherwise agreed with Medtronic. A refund will be made through the method of payment used regardless of the shelf-life of the product being returned. Products sealed for health protection or hygiene purposes, cannot be returned once these have been unsealed after the user receives them.
The purchase price can be paid by the user via credit card (Mastercard, Visa) in GBP.
The purchase price is inclusive of VAT and exclusive of any discounts or delivery charges. The purchase price and delivery charges will be invoiced to the users.
Medtronic reserves the right to change its prices at any time, without prior notice to the user. Medtronic shall not, however, make any price change once the user has submitted an order.
For some products, Medtronic may offer discounted packages for commitment of purchases over a set period (“Repeat/Scheduled Orders”). Repeat/Scheduled Orders can be activated on users account by contacting Medtronic (where healthcare professional approval is required) or can be freely available for users to purchase provided users confirm they have undertaken the appropriate training to receive the products available within the Repeat/Scheduled Orders. Where Repeat/Scheduled Orders are available, users may purchase the initial order at a discounted price. Activating and purchasing Repeat/Scheduled Orders on users account will trigger subsequent orders to be scheduled in line with the Repeat/Scheduled Orders plan description located on the FAQs page. Payment for these subsequent orders will be taken from the credit card associated with user’s account. Please note that a valid credit card needs to be on the user account in order for subsequent orders to be dispatched. Users will have the right to cancel the Repeat/Scheduled Orders within 14 days of activation, after this 14-day cooling off period users may only in limited circumstances cancel the Repeat/Scheduled Orders subject to prior consultation with Medtronic by phone on +44 (0)1923 205 167.
Termination by Medtronic
Medtronic shall, moreover, be entitled to exclude a user from placing new orders and to hold back any deliveries not yet executed should there be any unpaid invoices for previous deliveries.
Medtronic may have to suspend the supply of a product to for example to address technical problems or make minor changes or to comply with regulatory requirements.
All deliveries are estimated to be done with a two (2) day delay if the order is received before three (3) p.m. UTC. After this time, delivery will be made within three (3) days. Deliveries are performed by a third -party courier appointed by Medtronic.
Ownership of products are transferred to the user once Medtronic has received payment in full.
Medtronic may have to suspend the supply of a product to deal with product shortage or relevant laws and regulatory requirements, in which case we will notify you and you will have the opportunity to cancel the order and receive a refund in respect of the affected product.
In addition, Medtronic does not provide any assurance with regards to the availability of the products displayed on the website and reserves the right to adapt the product range at any time.
Warning or exclusion of users in the case of unpaid invoices or any suspicion of misuse
Medtronic shall be entitled, at any time, to exclude a user, prohibit further use of services or cease to provide a service, in particular if the T&Cs are breached. Medtronic shall, moreover, be entitled to block a user temporarily, or finally to exclude such user, if it appears possible that another user, who has already been blocked or excluded (such as a family member or another party living with the user) has transacted, is transacting or intends to transact business via other user accounts.
Blocked users shall not be entitled to re-register with Medtronic without obtaining the latter's prior consent, whether under their own name or a third party's name.
The warranty provisions applicable are those applicable to the concerned product.
Products that are undamaged, in their original packaging, have been carefully stored and have been supplied by Medtronic Limited can only be returned following prior consultation with Medtronic (which includes notification by the user that they are exercising their cancellation rights). Medtronic can refuse to accept products which have been returned without prior consultation and the return will not be credited. Should the original seal be broken on the product, or the original packaging be damaged in any other way, the products can no longer be returned. To be returned products must comply with the following conditions:
Without prejudice to the user’s right to cancel within 14 days of placing an order in which case products should be returned within 30 days from delivery. Products which are returned with a residual shelf life of over four (4) months will be credited to the user’s account in full if the products are undamaged and are returned to Medtronic without delay - within thirty (30) days of giving notice of return by email at email@example.com or by phone on 01923 212213.
Products with a residual shelf life of less than 4 months shall be deemed to have expired and shall not be taken back. No credit note will be issued, and the products will not be exchanged.
Accessories shall in all cases - unless anything to the contrary is contractually agreed shall only be taken back providing the item is not damaged and after this has been checked a full refund will be provided to the user.
The returns policy set out above does not affect a user's legal rights – if you receive any faulty, incorrect or misdescribed goods, please contact Medtronic and we will arrange for a replacement or refund. Note that you will be required to send back the products in accordance with the paragraph below.
Medtronic shall provide a prepaid return label for the shipping of any returns. The products need to be returned in a sturdy box and to the address given on the prepaid return label. The user assumes all risks of damage or loss of the products being returned.
Handling returns and issuing a credit note
As soon as returns are received, all products will be checked by Medtronic for their sale ability, and a credit note issued to the user to the amount of the value of the product (where appropriate) – unless the user has exercised his/her legal rights, in which case a refund will be provided. Should the product not be reusable, Medtronic reserves the right to destroy them without providing compensation and they will not be returned to the user.
Special provisions when filing complaints about products
The following procedure shall apply to products for which the user has filed a complaint:
The user shall contact Medtronic by telephone on 01923 212213 from Monday - Friday (excluding bank holidays) from 8:30 AM – 5:00 PM and notify Medtronic of the complaint about the product, giving details of the product number, batch number, a detailed description of the complaint and the quantity of product affected.
The user shall consult with Medtronic via the contact details above and register the product accordingly before returning any products.
Liability, technical faults and maintenance
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.
Applicable law and severability clause
These T&Cs shall be governed by the laws of England and Wales. The place of jurisdiction shall be England.
Should individual provisions of these T&Cs be invalid, either in whole or in part, the other provisions will continue to apply. The invalid provisions shall be replaced by those which come closest in meaning and purpose to the invalid provisions.
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