General terms and conditions of business
These General Terms and Conditions of Business of Medtronic Limited, Building 9, Croxley Green Business Park, Hatters Lane, Watford, Hertfordshire WD18 8WW, United Kingdom, govern the rights and obligations of the user in connection with using the services of our diabetes eShop http://shop.medtronic-diabetes.co.uk.
1. SCOPE OF VALIDITY
The Medtronic 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 General Terms and Conditions of Business, and to publish the current version on the website at http://shop.medtronic-diabetes.co.uk.
The General Terms and Conditions of Business that prevail are those valid on the date of purchase of products on the Medtronic Diabetes eShop, or of use of the diabetes eShop services.
2. USER ACCOUNT
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 proven their identity during the registration process implemented by Medtronic.
Medtronic is not obligated to register or open a user account, use the website or offer the services provided by shop.medtronic-diabetes.co.uk. Medtronic may, at any time and without giving a reason, turn down a request for registration, prevent a particular user from placing orders or prohibit his or her use of the website.
Use of the eShop is presently only available to natural persons. We request business customers and medical associations to contact our Customer Service as follows: via telephone: (+44) (0)1 923 205 167 Monday - Friday from 8:30 AM – 5:30 PM, email: firstname.lastname@example.org or via mail.
Capacity to act
A natural person may only open a user account if he or she has unlimited capacity to act. Under-age users (individuals under the age of 18 years), as well as wards, may not open user accounts.
The mandatory information that needs to be supplied when registering (marked with a * on the registration form) needs to be complete and accurate. Anyone who has opened a user account is obliged to update their personal details immediately when necessary, so that such details are at all times complete and accurate. Medtronic's services are exclusively available to users having a delivery and an invoice address in the United Kingdom. Medtronic is entitled to refrain from treating orders from abroad.
3. RIGHTS AND OBLIGATIONS OF THE USER
Anyone who has opened a user account is obliged to keep their login password confidential at all times, and to never disclose it, or make it available to third parties.
Anyone who has opened a user account has the additional obligation to protect their means of identification against abuse by third parties.
The password and means of identification are personal and must not be reproduced or divulged to third parties. 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 customer 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.
These obligations are also valid for any proxyholders.
Ordering and using products exclusively for your own use
The user may only order products for his or her own use. The user shall not be entitled to re-sell products obtained via the 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, with Medtronic excluding responsibility for use. The user is responsible for consulting his or her medical practitioner if necessary.
4. CONCLUDING THE CONTRACT AND PURCHASE PRICE
Contract coming into force
By submitting his or her order on the eShop, the user makes Medtronic an offer to purchase.
The user is obliged to comply with his or her obligations arising from the sales contract in full and on time.
The purchase price is understood to always be exclusive of VAT and of any discounts or delivery charges. The purchase price and delivery charges will be invoiced along with the addition of the VAT to the users agreed NHS funding department for payment. Medtronic will not make any claim against the user.
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.
The purchase price is understood to be exclusive of VAT (Subject to completion of the relevant documentation).The purchase price and delivery charges to the billing address supplied by the user. Medtronic will make any claim against the user.
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
5. 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 (presented to the user’s clinician) for previous deliveries.
The user shall make sure he or she always has enough products to guarantee his or her personal needs are met should Medtronic terminate an order.
6. PARTIAL DELIVERIES
Medtronic may limit, at its own discretion, the quantities ordered per user and only execute partial deliveries, as well as issue invoices for partial delivery. The user agrees to accept such partial deliveries and pay related invoices.
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, without the user being able to assert any rights against Medtronic for fulfilment of the contract or compensation for damage.
The user shall make sure he or she always has enough products to guarantee his or her personal needs are met should Medtronic terminate an order.
7. 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, without giving reasons, in particular if the General Terms and Conditions of Business are violated, without the user concerned being entitled to assert any claims against Medtronic arising therefrom. 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 laid down in the user handbook shall apply. Any statutory warranty claims shall be excluded.
Goods 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 by telephone. Medtronic may refuse to accept goods which have been returned without prior consultation by telephone. Should the original seal be broken or the goods, or their original packaging be damaged in any other way, the goods can no longer be returned.
Glucose sensors cannot be returned. Any returns shall be destroyed by Medtronic, and the resulting costs passed onto the user’s clinician.
In all cases, goods can only be taken back within 12 months of the purchase date.
Articles nearing expiry (infusion sets, insulin pump reservoirs, etc.)
- Articles with a residual shelf life of over 6 months will be credited to the user’s clinician in full if the goods are undamaged and are returned to Medtronic without delay - within 5 business days of giving notice of return by telephone.
- Articles with a residual shelf life of less than 3 months shall be deemed to have expired, and shall not be taken back. No credit note will be issued, and the goods will not be exchanged.
Accessories shall in all cases - unless anything to the contrary is contractually agreed - only be taken back providing the item is not damaged and after this has been checked a full refund will be provided to the payer
Medtronic shall provide a prepaid return label for the shipping of any returns agreed by telephone. The article needs to be returned in a sturdy box, to the address given on the prepaid return label.. The user’s clinician 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 articles will be checked by Medtronic for their saleability, and a credit note issued to the user’s clinician to the amount of the value of the goods (where appropriate). Should the goods not be reusable, Medtronic reserves the right to destroy them without providing compensation. They will not be returned to the customer.
Special provisions when filing complaints about products
The following procedure shall apply to products about which the customer has filed a complaint:
Please contact us by telephone on (+44) (0)1 923 205 167 Monday - Friday from 8:30 AM – 5:30 PM and notify us of your complaint about the product, giving details of the article number, batch number, a detailed description of the complaint and the quantity of product affected.
Products may only be returned following prior consultation with the hotline and registering the product accordingly.
10. THE ASSIGNMENT OF RIGHTS AND OBLIGATIONS TO THIRD PARTIES
Medtronic may assign individual or all rights and obligations arising from these General Terms and Conditions of Business to a third party or have such rights and obligations exercised by a third party, in particular any debt collection measures.
11. LIABILITY, TECHNICAL FAULTS AND MAINTENANCE
E-commerce correspondence takes place via the Internet. Medtronic accepts no liability for any loss suffered as a result of Internet use. In particular, Medtronic is not liable for loss for damage arising from malfunctions or network overloads.
Despite state of the art processes applied to services and purchases made on the 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 unauthorised 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 programmes.
- 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 customer in his or her security precautions.
Medtronic shall not be liable in any way for the website being temporarily unavailable, for any or all the website functions being down, or for the malfunctioning of the website. Medtronic shall not be liable either for any technical issues leading to orders not being processed or being processed late or erroneously. Medtronic's website may temporarily be down, or only have limited availability, due to maintenance work or for other reasons, without the user having any claim against Medtronic arising therefrom.
Should the site be at risk, Medtronic reserves the right to suspend at any moment the eShop services until these risks are eliminated. Medtronic declines any responsibility for any loss or damage resulting from this interruption.
Medtronic's liability shall - on whatever legal grounds - be limited to losses which Medtronic, or its legal representatives, or vicarious agents, have brought about through wilful intent, gross negligence or by slightly negligently infringing obligations essential to the fulfilment of the contractual purpose. In cases of slight negligence, Medtronic's liability shall be limited, in its amount, to the losses typical in the case of comparable transactions, which could be foreseen by Medtronic when concluding the agreement, or at the latest when committing the breach of duty. Claims for compensation for damage based on injury to life, the body or the health shall not be affected by the foregoing provisions. The user shall indemnify Medtronic against any obligations to pay compensation for damage – regardless of on what legal grounds – that arise through its having sold on the products supplied by Medtronic and, within the scope of selling on such products, losses being incurred to Medtronic or third parties as a result of the products supplied being improperly transported, stored or used. Such an indemnification shall also relate to any losses incurred to Medtronic or third parties through the user not having complied with the statutory obligations incumbent upon it to provide information and report on the matter.
12. APPLICABLE LAW AND SEVERABILITY CLAUSE
The sales contract shall be governed by the law of England and Wales. The place of jurisdiction shall be London.
Should individual provisions of these General Terms and Conditions of Business be invalid, either in whole or in part, the validity or effectiveness of the remaining provisions shall not be affected thereby. The invalid provisions shall be replaced by those which come closest in meaning and purpose to the invalid provisions. The same shall apply in the event of any loopholes in the provisions.
The user is in agreement with his or her personal data being transmitted to Medtronic, its affiliated companies (including Medtronic, Inc., a company domiciled in the USA) or any duly authorised service providers or authorised representatives, and to such data being processed by the latter for the purpose of administering this agreement and executing and administering the associated transactions of Medtronic, including any pertinent regulatory or other purposes, in so far as statutorily stipulated.
The provisions made regarding privacy protection from abuse are valid for the use of personal data.
Croxley Green Business Park
Tel. +44 (0)1923 212 213