MEDICAL DISCLAIMER AND INTENDED USE
The GlucoSensor™ Continuous Glucose Monitoring (CGM) System, developed and manufactured by MicroTech Medical Inc., is a CE-marked Class IIb medical device intended to support glucose trend monitoring for both individuals managing diabetes and those using it for general wellness or lifestyle purposes. It is not designed to replace traditional blood glucose testing or serve as the sole basis for clinical decision-making.
All glucose data provided by the GlucoSensor™ CGM System must be verified through fingerstick testing using a traditional blood glucose meter before making any medical decisions. Users with a diagnosed medical condition such as diabetes must use the system under the supervision of a qualified healthcare professional. For general lifestyle or wellness use, users are strongly encouraged to consult a healthcare provider if readings indicate potential health concerns or when making diet or exercise-related decisions.
DiaX Medical B.V., as the authorized EU importer and distributor of the GlucoSensor™ CGM System, is responsible for product distribution, labeling, customer support, vigilance reporting, and post-market surveillance within the European Union. DiaX Medical does not design, control, or validate the core medical algorithms, clinical accuracy, or analytical outputs of the system. These remain the exclusive responsibility of the manufacturer, MicroTech Medical Inc., in accordance with applicable EU medical device law.
The GlucoSensor™ CGM System is not intended for use in critical care, emergency, or life-support situations. It does not provide real-time alerts suitable for urgent clinical intervention. In suspected emergencies such as severe hypo- or hyperglycaemia, users must promptly verify their glucose levels with a traditional blood glucose meter and contact emergency services or a healthcare professional. DiaX Medical disclaims all liability for adverse outcomes resulting from reliance on the CGM System in emergency or high-risk scenarios.
ARTICLE 1: APPLICABILITY
1.1 SCOPE OF APPLICATION
These General Delivery Terms apply to all transactions relating to the ordering, purchase, delivery, and receipt of GlucoSensor™ Continuous Glucose Monitoring (CGM) Systems and associated components (including sensors and transmitters) through the GlucoSensor.com website, a trade name of DiaX Medical B.V., established in the Netherlands. The GlucoSensor™ CGM System is manufactured by MicroTech Medical Inc., which is responsible for the device’s core functionalities, medical performance, and CE certification. DiaX Medical B.V. acts as the authorized EU importer and distributor and is responsible for product placement, customer service, delivery logistics, labeling, and post-market surveillance within the European Union.
These General Delivery Terms are governed by the Website End-User License Agreement (Website EULA) and must be read in conjunction with the Returns and Refund Policy, Sensor Replacement Policy, and other applicable legal documents published by DiaX Medical B.V.
For transactions and services conducted via the GlucoSensor mobile application, the App End-User License Agreement (App EULA) applies.
1.2 GEOGRAPHIC SCOPE
These General Delivery Terms are intended for consumers located within the European Union. Orders placed from outside the EU may be subject to additional regulatory, logistical, or legal limitations, which will be indicated during the ordering process. DiaX Medical reserves the right to reject or cancel orders that cannot be fulfilled under applicable laws or delivery constraints.
1.3 RELATED LEGAL DOCUMENTS
These General Delivery Terms form part of the broader legal framework that governs your relationship with DiaX Medical B.V. (“DiaX Medical”) and the use of GlucoSensor™ products and services. For a full understanding of your rights and obligations, please consult the following documents, which complement these Delivery Terms:
• Website End-User License Agreement (Website EULA): Governs the use of and transactions on the GlucoSensor.com website.
• App End-User License Agreement (App EULA): Governs the use of the GlucoSensor mobile application.
• Privacy Policy: Outlines how DiaX Medical collects, uses, and protects your personal and health-related data.
• Returns and Refund Policy: Specifies the conditions under which products may be returned and refunds requested.
• Sensor Replacement Policy: Details conditions under which sensors may be replaced, including warranty limitations.
• Legal Disclaimers (Website and App): Provide information on liability limitations, intended use, medical disclaimers, and data accuracy considerations.
Each of these documents is incorporated by reference and forms an integral part of the contractual framework governing your use of GlucoSensor™ products and services. In the event of any inconsistency between these documents, the provision most specifically addressing the issue shall prevail. For example, matters relating to data protection are governed by the Privacy Policy, while terms on medical use limitations and device safety are governed by the Legal Disclaimers. These General Delivery Terms must be read in conjunction with the Returns and Refund Policy, Sensor Replacement Policy, Website End-User License Agreement (Website EULA), App End-User License Agreement (App EULA), and the Legal Disclaimers for the Website and App.
ARTICLE 2: ORDERING PROCESS
2.1 PLACING AN ORDER
Orders can be placed exclusively through the official website, GlucoSensor.com. Once an order is placed and successfully processed, the customer will receive an order confirmation email containing the details of the order and the estimated delivery timeframe. The contract between the customer and DiaX Medical B.V. is formed upon issuance of the order confirmation.
2.2 DEFINITION OF USER VS. CONSUMER
For the purposes of these General Delivery Terms, a “Consumer” refers exclusively to any natural person acting for purposes which are wholly or mainly outside that person’s trade, business, craft, or profession, in accordance with Article 2(1) of Directive 2011/83/EU on consumer rights. This definition excludes legal entities.
A “User,” as defined in the Website End-User License Agreement (Website EULA), refers to any person who accesses or interacts with the GlucoSensor.com website, regardless of whether they make a purchase. All Consumers are Users, but not all Users are Consumers. This distinction is relevant for determining the applicability of specific statutory protections and obligations, including the right of withdrawal, warranty rights, and return eligibility.
ARTICLE 3: DELIVERY
3.1 ESTIMATED DELIVERY TIMES
DiaX Medical aims to deliver all orders within the estimated delivery timeframe provided at checkout. These delivery times are indicative and not guaranteed. The customer acknowledges that delivery schedules may be impacted by external factors, including courier availability and unforeseen circumstances. DiaX Medical will make reasonable efforts to meet estimated delivery deadlines in accordance with the Website End-User License Agreement (Website EULA), available at www.GlucoSensor.com.
3.2 DELIVERY METHOD
The delivery of products is carried out by recognized courier or postal services. The choice of courier is determined by DiaX Medical based on destination, package specifications, and service availability.
3.3 SHIPPING CONFIRMATION
Customers will receive an email notification once their order has been dispatched. This notification will include tracking details, where available, allowing the customer to monitor the delivery status.
3.4 DELAYS AND RIGHT TO CANCEL
In the event of a delay, DiaX Medical will inform the customer as soon as reasonably possible and provide an updated estimated delivery timeframe. If delivery has not occurred within 30 calendar days from the date of the order confirmation, the customer has the right to cancel the order and receive a full refund.
This right to cancel is in accordance with Article 18(2) of Directive 2011/83/EU on consumer rights.
ARTICLE 4: SHIPPING COSTS
4.1 CALCULATION OF SHIPPING COSTS
Shipping costs are calculated based on the delivery address, package weight, and dimensions. The total shipping charges applicable to the order are displayed to the customer before finalizing the purchase during the checkout process.
4.2 ADDITIONAL HANDLING FEES
If any additional handling or packaging fees apply—such as for oversized shipments, hazardous materials, or express handling—these will be clearly indicated before the customer confirms the order.
ARTICLE 5: RECEIPT OF ORDER
5.1 CUSTOMER INSPECTION OBLIGATION
Upon receipt of the order, the customer must inspect the external condition of the package in the presence of the courier. Any visible damage to the packaging or suspected product damage must be reported immediately to the courier and to DiaX Medical. Failure to report visible damage at the time of receipt may affect the eligibility for compensation or replacement.
5.2 NON-DELIVERY NOTIFICATION
If an order has not been delivered within the expected timeframe provided at checkout or in the shipping confirmation, the customer must promptly contact GlucoSensor.com’s customer service to initiate an investigation.
ARTICLE 6: DAMAGED OR INCOMPLETE DELIVERY
6.1 REPORTING REQUIREMENTS
In the event of a damaged or incomplete delivery, the customer must notify GlucoSensor.com customer service within 48 hours of receipt. The notification must include a clear description of the issue and, where applicable, supporting evidence such as photographs of the damaged product, packaging, or missing items.
6.2 RESOLUTION AND REPLACEMENT
Upon receiving a valid and timely complaint, DiaX Medical will initiate an internal investigation. If the damage or missing items are confirmed, a replacement product will be shipped free of charge, or a suitable resolution will be provided in accordance with the applicable warranty or return conditions.
ARTICLE 7: CHANGES IN ORDER OR DELIVERY ADDRESS
7.1 CHANGE REQUESTS BEFORE SHIPMENT
Changes to the order or delivery address are permitted only until the order has been processed for dispatch. Once the order has been shipped, any modification to the delivery address may no longer be possible. DiaX Medical accepts no responsibility for failed or delayed deliveries caused by incorrect or incomplete address details provided by the customer at the time of ordering.
Customers are advised to contact GlucoSensor.com customer service as soon as possible if a change is required. DiaX Medical reserves the right to approve or decline change requests depending on the status of the order at the time of the request.
For the applicable rules on modifying or cancelling an order after shipment, please refer to the Returns and Refund Policy.
ARTICLE 8: PRODUCT WARRANTY
8.1 TRANSMITTER WARRANTY
The GlucoSensor™ transmitter is warrantied against defects in material and workmanship under normal use conditions for a period of three (3) years from the production date. This warranty applies only to the original consumer purchaser and covers performance and functionality as specified in the product documentation.
8.2 SENSOR WARRANTY
The GlucoSensor™ sensors are warrantied against defects in material and workmanship for a period of ten (10) days from the date of activation or until the expiration of the sensor’s use-by date, whichever occurs first. This warranty applies only under normal use conditions. Sensors that detach due to improper application, physical impact, swimming in chlorinated pools, or failure to use the provided overlay patches are not covered, in accordance with the Sensor Replacement Policy.
This warranty is subject to the specific terms and exclusions outlined in the Sensor Replacement Policy, which forms part of this agreement.
8.3 WARRANTY ASSESSMENT AND LIMITATIONS
DiaX Medical reserves the right to assess all warranty claims on a case-by-case basis. Fulfilment of any replacement is subject to internal verification of the reported issue. Claims made outside the warranty period or caused by user negligence, mishandling, unauthorized modification, or failure to follow the usage instructions or Sensor Replacement Policy may be denied.
8.4 NON-TRANSFERABILITY AND PROOF OF PURCHASE
This warranty is valid only for the original purchaser and is non-transferable. Customers must retain proof of purchase and provide it upon request in order to receive warranty support.
8.5 EXCLUSIONS FROM WARRANTY COVERAGE
Warranty coverage does not apply to damage resulting from misuse, neglect, external factors, attempted repairs, or use contrary to the product’s intended purpose, as defined in the user manual, legal disclaimers, and Sensor Replacement Policy.
ARTICLE 9: DEVICE LIMITATIONS IN URGENT SITUATIONS
9.1 NOT FOR EMERGENCY USE
The GlucoSensor™ CGM System is designed for routine glucose monitoring and is not intended or suitable for real-time critical care, emergency medical response, or use in life-support scenarios. It does not provide continuous real-time alerts or immediate readings for urgent clinical intervention.
9.2 EMERGENCY RESPONSE OBLIGATION
Users must not rely on the GlucoSensor™ system in cases of suspected or actual medical emergencies. In such situations, glucose levels must be confirmed using a traditional blood glucose meter, and immediate medical assistance must be sought. DiaX Medical disclaims all liability for outcomes resulting from reliance on the device in emergency, high-risk, or time-sensitive medical situations.
9.3 REFERENCE TO LEGAL DISCLAIMERS
For further details on the intended use, safety limitations, and regulatory warnings related to emergency and critical care usage, please consult the Legal Disclaimer for the Website and the Legal Disclaimer for the App. These documents include comprehensive information on high-risk usage exclusions, algorithm limitations, liability disclaimers, and user responsibilities. They form an integral part of the legal framework applicable to the GlucoSensor™ CGM System and must be read in conjunction with these General Delivery Terms.
ARTICLE 10: LIMITATIONS OF DATA ACCURACY DUE TO EXTERNAL FACTORS
10.1 FACTORS AFFECTING ACCURACY
The performance of the GlucoSensor™ Continuous Glucose Monitoring (CGM) System, developed by MicroTech Medical Inc., may be influenced by various external factors, including but not limited to:
- Sensor placement on the body,
- Skin conditions (e.g., irritation, inflammation, scarring),
- Hydration levels,
- Environmental conditions (e.g., heat, humidity, or extreme temperatures),
- Physical activity, body temperature, or user handling.
Users are responsible for ensuring the correct placement and maintenance of the CGM System as per the instructions provided in the user manual and product labeling. In the case of abnormal or unexpected readings, users must confirm their glucose levels with a traditional fingerstick test before making any treatment decision.
10.2 DISCLAIMER OF LIABILITY
DiaX Medical B.V. disclaims liability for adverse outcomes, injuries, or decisions made based on inaccurate or delayed glucose readings resulting from external factors, improper use, or failure to follow the Instructions for Use. MicroTech Medical Inc., as the legal manufacturer, remains solely responsible for the accuracy, performance, and validation of the CGM system’s algorithms and sensor hardware, as defined in the CE-marked technical documentation. Nothing in these Terms affects your rights under applicable product liability law.
10.3 LEGAL CROSS-REFERENCE
For details on the limitations of CGM data accuracy and interpretation responsibilities, users are referred to Article 9.3 and the applicable Legal Disclaimers for the Website and App.
ARTICLE 11: COMPLAINTS AND DISPUTES
11.1 COMPLAINT SUBMISSION
Complaints regarding delivery, damaged or missing items, or product performance must be submitted in writing to DiaX Medical B.V. within a reasonable time frame and no later than 14 calendar days from the estimated delivery date. Complaints must include relevant supporting information such as order number, photos (where applicable), and a clear description of the issue. This clause does not limit your statutory rights to raise complaints or warranty claims beyond this period under EU consumer protection legislation.
11.2 GOVERNING LAW AND JURISDICTION
All disputes arising from or related to these General Delivery Terms shall be governed by Dutch law. Disputes will be submitted to the competent court in the Netherlands, unless otherwise resolved by arbitration, as described in the Website End-User License Agreement (Website EULA). Nothing in this clause affects mandatory rights granted to consumers under EU or national law.
ARTICLE 12: CANCELLATION AND RETURNS
12.1 RIGHT OF WITHDRAWAL
In accordance with the Returns and Refund Policy and Article 9 of Directive 2011/83/EU, consumers have the right to cancel the agreement within 14 calendar days of receiving the products, without providing a reason. The cancellation right applies only to unopened products in their original packaging and in unused condition. Cancellation instructions are provided in the Returns and Refund Policy available on GlucoSensor.com.
For health and hygiene reasons, opened or used medical devices, including GlucoSensor™ sensors and transmitters, are excluded from this right of withdrawal. This is in accordance with Article 16(e) of Directive 2011/83/EU and as further detailed in Article 5 of our Returns and Refund Policy.
12.2 PROCEDURE AND COSTS
To cancel the agreement, the customer must follow the return procedure described in the Returns and Refund Policy. The cost of return shipping is borne by the consumer unless otherwise specified. Refunds will be processed in accordance with the policy and applicable EU consumer protection regulations.
ARTICLE 13: LIABILITY
13.1 EXCLUSION OF INDIRECT DAMAGES
To the fullest extent permitted by law, DiaX Medical B.V. shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, loss of business, reputational harm, or interruption of operations, arising from or related to the purchase, delivery, use, or performance of the GlucoSensor™ CGM System, except where liability cannot be excluded under Article 20: Statutory Rights.
13.2 LIMITATION OF DIRECT LIABILITY
DiaX Medical B.V.’s liability for direct damages, where legally permitted, shall be limited in all cases to the total amount paid by the customer for the specific product giving rise to the claim. This limitation does not apply in cases of intentional misconduct or gross negligence by DiaX Medical, or where such limitation is otherwise prohibited by applicable law.
13.3 DEVICE USE AND VERIFICATION OBLIGATIONS
Users are solely responsible for the correct placement, calibration, maintenance, and handling of the GlucoSensor™ CGM System in accordance with the Instructions for Use, product labeling, and user manuals provided. In the event of abnormal, unexpected, or critical glucose readings, users must confirm the values using a traditional fingerstick blood glucose test before making medical decisions or initiating treatment.
DiaX Medical B.V. and MicroTech Medical Inc. expressly disclaim liability for adverse outcomes resulting from the failure to perform such verification, improper device use, environmental interference, or deviation from the prescribed usage. MicroTech Medical Inc., as the legal manufacturer, retains exclusive responsibility for the design, clinical performance, medical algorithm accuracy, and CE-certified medical functionalities of the CGM System. DiaX Medical B.V., acting as the EU importer and distributor, disclaims liability for algorithmic outputs or sensor-derived measurements except as explicitly required under applicable EU product liability or consumer protection legislation.
13.4 NON-EXCLUDABLE LIABILITY
Nothing in these General Delivery Terms excludes or limits liability for death or personal injury caused by negligence, or for any other liability that cannot be lawfully excluded under applicable EU or national law.
ARTICLE 14: FORCE MAJEURE
14.1 DEFINITION OF FORCE MAJEURE
DiaX Medical B.V. shall not be held liable for any failure to fulfill its obligations due to events beyond its reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, civil unrest, labor strikes, power outages, cyberattacks, governmental actions, or supplier disruptions.
14.2 SUSPENSION OF OBLIGATIONS
During a force majeure event, both DiaX Medical and the customer may suspend their performance under the agreement. If the event continues for more than sixty (60) days, either party may terminate the agreement without liability for damages resulting from the non-performance.
14.3 REFUNDS UPON TERMINATION
Upon termination due to force majeure, DiaX Medical will refund any amounts paid for undelivered products, less any reasonable costs already incurred in preparation for delivery.
ARTICLE 15: INTELLECTUAL PROPERTY
15.1 OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property rights in the GlucoSensor™ products, including software, documentation, packaging, graphics, trademarks, and design elements, remain the exclusive property of DiaX Medical B.V., MicroTech Medical Inc., or their respective licensors. Nothing in these Terms grants any license or ownership to the customer, unless expressly stated in writing.
15.2 RESTRICTIONS ON USE
The customer is not permitted to reproduce, modify, distribute, publish, reverse-engineer, or otherwise exploit any of the intellectual property referred to in this Article without the prior written consent of DiaX Medical B.V.
ARTICLE 16: PERSONAL DATA
16.1 DATA PROCESSING COMPLIANCE
DiaX Medical B.V. processes personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. The collection and use of your data in connection with ordering, delivery, customer service, and warranty processing is based on the necessity of performing a contract, as outlined in our Privacy Policy, which is incorporated into these Terms by reference. Consent is only required where explicitly applicable (e.g., for marketing). Our Privacy Policy is available at www.GlucoSensor.com/privacy.
16.2 DATA COLLECTION FOR ORDER FULFILMENT AND SUPPORT
Customers may be required to provide personal data including their name, billing and shipping address, contact details, payment information, and order history. This information is collected and processed solely for the purpose of fulfilling orders, managing shipments, issuing invoices, and providing customer service, in line with the Privacy Policy referenced above.
16.3 DATA RETENTION AND RIGHTS
Personal data will be retained only as long as necessary to fulfill legal and contractual obligations. Customers have the right to access, rectify, erase, restrict, or object to the processing of their data, as further outlined in the Privacy Policy. For any data protection inquiries or to exercise your rights, you may contact info@diaxmedical.com.
ARTICLE 17: APPLICABLE LAW AND COMPETENT COURT
17.1 GOVERNING LAW
All legal relationships between the customer and DiaX Medical B.V. are governed exclusively by the laws of the Netherlands, without regard to its conflict-of-law rules.
17.2 JURISDICTION
Disputes arising from or related to these General Delivery Terms shall be submitted to the competent courts of the Netherlands, unless otherwise resolved through binding arbitration in accordance with the Website End-User License Agreement (Website EULA).
17.3 CROSS-BORDER CONSUMER RIGHTS
If the customer is a resident of another EU Member State, nothing in this Article limits the customer’s right to bring proceedings in their country of residence or under applicable mandatory consumer protection laws.
ARTICLE 18: AMENDMENT OF TERMS
18.1 RIGHT TO MODIFY
DiaX Medical B.V. reserves the right to modify, amend, or update these General Delivery Terms at any time. Any changes become effective upon publication on the GlucoSensor.com website.
18.2 CONTINUED USE AS ACCEPTANCE
By continuing to place orders through GlucoSensor.com after any changes have been published, the customer agrees to be bound by the revised Terms. If the customer does not agree with the updated Terms, their sole recourse is to discontinue use of the GlucoSensor products and services.
18.3 NOTIFICATION OF MATERIAL CHANGES
DiaX Medical B.V. may, at its discretion, inform customers of material changes to these Terms via email or through a notice on the GlucoSensor.com website. Customers are encouraged to review these Terms regularly to stay informed of any updates.
18.4 COMPLIANCE WITH EU REGULATIONS
All amendments are made in accordance with applicable EU regulations governing consumer contracts, e-commerce services, and medical devices.
ARTICLE 19: ENTIRE AGREEMENT
19.1 INTEGRATION WITH OTHER DOCUMENTS
These General Delivery Terms form part of the broader contractual framework between the customer and DiaX Medical B.V. Together with the following documents, they collectively govern the ordering, delivery, return, use, and support of GlucoSensor™ products and services:
• Website End-User License Agreement (Website EULA)
• App End-User License Agreement (App EULA)
• Privacy Policy
• Returns and Refund Policy
• Sensor Replacement Policy
• Legal Disclaimer for the Website
• Legal Disclaimer for the App
19.2 INTERPRETATION
In the event of any inconsistency between these documents, the provision most specifically addressing the matter in question shall take precedence. All documents referenced above are incorporated into these General Delivery Terms by reference and must be read in conjunction for full legal understanding.
ARTICLE 20: STATUTORY RIGHTS
20.1 NON-EXCLUSION OF RIGHTS
Nothing in these General Delivery Terms is intended to exclude, restrict, or limit any statutory rights that cannot be excluded under applicable law, including but not limited to consumer protection rights granted by EU or national legislation.
20.2 PRIORITY OF MANDATORY LAW
In the event of any conflict between these Terms and applicable mandatory statutory rights, the statutory provisions shall prevail to the extent of such conflict. These Terms shall otherwise remain valid and enforceable in full.
ARTICLE 21: CUSTOMER RESPONSIBILITIES
21.1 ACCURACY OF INFORMATION
The customer is solely responsible for ensuring that all personal and delivery information provided during the ordering process is complete, accurate, and up to date. DiaX Medical B.V. is not liable for delivery errors, delays, or losses resulting from incorrect or incomplete information provided by the customer.
21.2 PRODUCT USE OBLIGATIONS
The customer agrees to use the GlucoSensor™ CGM System strictly in accordance with the instructions for use, product labelling, and legal disclaimers. Failure to comply with the prescribed guidelines, including the App and Sensor usage instructions, may result in inaccurate readings or health risks. DiaX Medical B.V. and MicroTech Medical Inc. disclaim any liability for outcomes resulting from non-compliant use.
ARTICLE 22: ADDITIONAL LIMITATION OF LIABILITY
22.1 IMPROPER USE AND MODIFICATIONS
DiaX Medical B.V. and its licensors, including MicroTech Medical Inc., are not liable for damages resulting from improper use, unauthorized modifications, negligence, or use of the GlucoSensor™ CGM System in a manner inconsistent with the instructions for use, labelling, or official guidelines provided.
22.2 SERVICE AVAILABILITY
DiaX Medical B.V. does not guarantee uninterrupted access to the GlucoSensor.com website or continuous functionality of the GlucoSensor™ mobile application. Temporary interruptions may occur due to maintenance, updates, or technical issues. DiaX Medical disclaims liability for any losses resulting from such interruptions, except where required by law.
22.3 THIRD-PARTY SERVICES AND TECHNICAL ENVIRONMENTS
DiaX Medical is not responsible for malfunction, loss of functionality, or inaccurate data resulting from the use of unsupported devices, incompatible operating systems, or unauthorized third-party software. Users are solely responsible for ensuring their systems are compatible and meet the technical requirements described on GlucoSensor.com.
22.4 REFERENCE TO LEGAL DISCLAIMERS
For additional and detailed information on limitations of liability, risk warnings, accuracy constraints, software dependencies, and clinical use restrictions, users must consult the Legal Disclaimer for the Website and the Legal Disclaimer for the App. These documents are incorporated by reference and form an integral part of the legal framework governing your use of GlucoSensor™ products and services.
ARTICLE 23: LANGUAGE
23.1 LEGALLY BINDING VERSION
These General Delivery Terms have been drafted in the English language. In the event of any discrepancy or conflict between the English version and any translated version, the English version shall prevail as the legally binding document.
23.2 TRANSLATIONS FOR CONVENIENCE
For customer convenience, DiaX Medical B.V. may provide unofficial translations in other European Union languages. These translations are for informational purposes only and do not carry legal authority.
23.3 CLARIFICATION REQUESTS
Customers are encouraged to refer to the English version for the most accurate and up-to-date legal content. If any clarification is needed, customers should contact DiaX Medical B.V. directly.
ARTICLE 24: PARTIAL INVALIDITY
24.1 SEVERABILITY CLAUSE
If any provision of these General Delivery Terms is determined to be invalid, illegal, or unenforceable under applicable law, such provision shall be interpreted in a way that preserves its legal and commercial intent as closely as possible.
24.2 CONTINUED VALIDITY
The invalidity of any individual clause shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
ARTICLE 25: CONFIDENTIALITY
25.1 CONFIDENTIAL INFORMATION
Both DiaX Medical B.V. and the customer agree to maintain the confidentiality of any non-public, sensitive, or proprietary information exchanged during the ordering and support process. This includes personal data, order history, financial information, and any technical or business information not publicly disclosed.
25.2 EXCEPTIONS
This confidentiality obligation does not apply to information that is already publicly known, independently developed, or required to be disclosed by law, regulation, or court order.
ARTICLE 26: EXPORT RESTRICTIONS
26.1 COMPLIANCE WITH EXPORT LAWS
Certain products offered through GlucoSensor.com may be subject to export restrictions under applicable international or national law. The customer agrees to comply with all applicable import and export regulations when ordering GlucoSensor™ products.
26.2 LIMITATION OF AVAILABILITY
DiaX Medical B.V. reserves the right to decline or cancel orders that cannot be lawfully fulfilled due to export controls, embargoes, or other regulatory restrictions.
ARTICLE 27: RETURNED GOODS INSPECTION
27.1 EVALUATION OF RETURNED PRODUCTS
All returned products are subject to inspection upon receipt by DiaX Medical. Refunds may be reduced or withheld if the returned item is found to be opened, used, damaged, altered, or incomplete beyond what is necessary to establish its condition.
27.2 DETERMINATION OF ELIGIBILITY
The determination of eligibility for a full or partial refund will be made by DiaX Medical in accordance with the Returns and Refund Policy and applicable EU consumer legislation.
ARTICLE 28: DIGITAL COMMUNICATION CONSENT
28.1 TRANSACTIONAL COMMUNICATIONS
By placing an order through GlucoSensor.com, the customer acknowledges and accepts that DiaX Medical B.V. may send transactional communications necessary to process and fulfil the order. These include order confirmations, delivery updates, billing information, and essential customer service notices. Such communications are sent based on the lawful ground of contract performance under Article 6(1)(b) of the General Data Protection Regulation (GDPR) and do not require separate consent.
28.2 MARKETING COMMUNICATIONS (OPT-IN REQUIRED)
DiaX Medical B.V. may send marketing or promotional communications by electronic means (such as email) only if the customer has provided prior, explicit, and informed consent to receive such communications, in accordance with Article 6(1)(a) of the GDPR and Article 13 of the ePrivacy Directive (2002/58/EC). Customers may withdraw their marketing consent at any time, without affecting the lawfulness of any prior communications, by clicking the unsubscribe link in any marketing email or by contacting support@glucosensor.com.
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