These Terms and Conditions (Terms) of Medtronic Australasia Pty Ltd, 97 Waterloo Road NSW 2113, Australia (Medtronic), govern the rights and obligations of the user in connection with using the services of the Medtronic MiniMed eShop.
1. SCOPE OF VALIDITY
The MiniMed 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 Terms, and to publish the current version on the website at medtronic-diabetes.com.au. The Terms that prevail are those valid on the date of purchase of products on the MiniMed eShop, or of use of the diabetes MiniMed 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 eshop.medtronic-diabetes.com.au. 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: (1800) 777 808 toll free within Australia or (+61) 2 9857 9000 worldwide 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 guardians, 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 Australia. Medtronic will not deliver orders overseas.
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 is not entitled to resell products obtained via the eShop, barter them, export, eship, 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. CONTRACT AND PURCHASE PRICE
By submitting his or her order on the eShop, the user enters into a contract with Medtronic. Medtronic’s acceptance of your order is conditional on these Terms. By accepting delivery, the user agrees to be bound by and accept these Terms. The user is obliged to comply with his or her obligations arising from the sales contract in full and on time.
The purchase price for medical products (such as sensors and infusion sets) is understood to be exclusive of GST. The purchase price for accessories is understood to be inclusive of G.S.T. The purchase price and delivery will be charged to the billing address supplied by 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
Risk & Title
Risk and Title to the Products passes to the user on delivery.
Products will be delivered to the address provided in the Account unless otherwise indicated by user. Medtronic will not ship products to a P.O Box or an address outside Australia.
Delivery dates are approximate Medtronic will not be liable for any loss or damage of any kind due to failure to perform or delays in its performance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labour disputes, labour shortages, the requirements of any governmental authority, war, civil unrest, delays in manufacture, labour or transportation strikes, fire, earthquake, volcanic eruption, obtaining any required license or permit or Medtronic’s inability to obtain goods from its usual sourced. Any such delay shall not be considered a breach of Medtronic’s obligations and the performance dates shall be extended for the length of such delays.
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.
6. TERMINATION BY MEDTRONIC
Medtronic shall 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.
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 these Terms 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 Medtronic’s consent, whether under their own name or a third party's name.
Warranties on Products and limitation of the Purchaser’s remedies are as provided in accordance with the terms of the Product Warranty provided with the Products and set out on our website at https://www.medtronic-diabetes.com.au/customer-support/service-and-warranty.
The remedies provided for in the Medtronic Warranty are the exclusive remedies available for any breach hereof. Neither Medtronic Diabetes nor its suppliers or distributors shall be liable for any incidental, consequential, or special damage of any nature or kind caused by or arising out of a defect in the product. Medtronic shall not under any circumstances be liable for any direct, indirect, incidental, special or consequential loss/or damages (including, but not limited to, loss of profits, revenue or business) in any way related to this agreement, or the termination of this agreement. To the extent the law allows, this exclusion applies regardless of whether such damages are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory.
Notwithstanding the foregoing, the terms of the warranty do not affect the statutory rights of consumers or seek to exclude any liability which is not permitted by law. All other warranties, other than mandatory statutory warranties, expressed or implied, are excluded, including the warranties of merchantability and fitness for a particular purpose.
Medtronic diabetes Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Purchaser is also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.
The benefits provided in the Medtronic warranty are additional to and do not detract from any rights and remedies that the Purchaser may have under Australian laws, including the Australian Consumer Law. Any exclusions of direct, incidental, consequential or other damages and other warranties (including express or implied warranties of merchantability, fitness for a particular purpose, etc), referred to in the Medtronic Warranty apply only to your rights under that warranty and do not affect Your Consumer Rights.
To claim any entitlement under the Medtronic warranty for the Product set out above (as well as any reasonable expenses incurred in making a claim) please contact your local Medtronic Diabetes Representative or Medtronic Diabetes Support Services on 1800 777 808 toll free within Australia or +61 2 9857 9000 worldwide.
Goods that are undamaged, in their original packaging, have been carefully stored and have been supplied by Medtronic 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.
In all cases, goods can only be returned within 12 months of the purchase date.
Articles nearing expiry (infusion sets, insulin pump reservoirs, etc.)
Accessories shall in all cases - unless anything to the contrary is contractually agreed - only be returned providing the item is not damaged and after this has been checked a full refund will be provided to the payer.
Due to the chemical nature of Glucose Sensors, special care and handling is required. Sensors have a short “shelf-life” so please keep this in mind when deciding how many to order. Medtronic recommends ordering no more than a three month supply. Sensors are sensitive to extreme temperatures; please ensure someone is available to receive the order. Refer to the instructions for use included with the sensors for specific information regarding storage. Due to the temperature sensitive nature of sensors, they are not returnable or refundable.
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 refund
As soon as returns are received, all articles will be checked by Medtronic for their saleability, and a refund is issued to the payer for 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 (1800) 777 808 toll free within Australia or (+61) 2 9857 9000 worldwide 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 Terms 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:
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.
The user shall indemnify Medtronic against any obligations to pay compensation for damage – regardless of on what legal grounds – that arise through its having on-sold 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.
To the maximum extent permitted by law and notwithstanding any provision to the contrary in these Terms, Medtronic’s total liability (whether that liability arises under contract, tort, equity, statute or otherwise) for any loss, damage or expense arising out of or in connection with the sale or use of the products or Medtronic’s performance of each Contract, shall be limited to the purchase price paid by the Customer to Medtronic for Goods covered by that Contract and in no event shall Medtronic be liable for loss (whether direct or indirect) of profits, goodwill, use, contracts, or for any special or consequential loss or damage whatsoever.
12. APPLICABLE LAW AND SEVERABILITY CLAUSE
The sales contract shall be governed by the law of the State of New South Wales.
Should individual provisions of these Terms 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.
Medtronic Australasia Pty Ltd
5 Alma Road, Macquarie Park,
New South Wales, Australia,