GENERAL DELIVERY TERMS
MEDICAL DISCLAIMER
The content provided on GlucoSensor.com, in the GlucoSensor App, and in any communication from DiaX Medical B.V., including text, graphics, images, or other informational materials, is intended solely for general health monitoring purposes and should not be interpreted as medical advice, diagnosis, or treatment. DiaX Medical B.V. does not provide medical advice, and any content provided by us is strictly for informational use. Always consult your physician or another qualified healthcare professional with any questions regarding a medical condition, treatment, or health management plan.
USE OF THE GLUCOSENSOR™ CGM SYSTEM
The GlucoSensor™ Continuous Glucose Monitoring (CGM) System, developed and manufactured by MicroTech Medical Inc., is classified as a medical device under CE regulations, intended to assist with general glucose monitoring. It is not designed to replace traditional blood glucose monitoring methods and should not be relied upon for diagnosis, treatment, or in situations requiring immediate medical intervention. Users should verify critical glucose levels with a traditional blood glucose meter through a fingerstick test before making any medical decisions based on the device’s data. This system is designed for adjunctive use only and should be used alongside standard glucose monitoring practices under the guidance of a healthcare professional.
EXCLUSION OF LIABILITY FOR HIGH-RISK AND EMERGENCY USE
The GlucoSensor™ CGM System is not intended for use in high-risk or emergency medical situations, including those with rapid glucose fluctuations or life-critical scenarios where immediate and real-time glucose data is essential. In such situations, users must seek immediate medical attention from qualified healthcare professionals and verify glucose levels through alternative methods, such as a traditional blood glucose meter. DiaX Medical B.V. disclaims any liability for adverse health outcomes, injuries, or complications resulting from reliance on the CGM system in these high-risk conditions or without professional medical guidance. Users acknowledge and accept that reliance on this CGM system in emergency contexts is done at their own risk.
ARTICLE 1: APPLICABILITY
1.1 These General Delivery Terms apply to all orders and deliveries of GlucoSensor Continuous Glucose Monitoring (CGM) Systems and glucose sensors through the GlucoSensor.com website, a trade name of DiaX Medical B.V., established in the Netherlands. The GlucoSensor CGM system, including its sensors and transmitters, is manufactured by MicroTech Medical Inc., which is responsible for its core functionalities and performance. DiaX Medical manages the distribution and sale of the GlucoSensor system within the European Union. These General Delivery Terms are governed by the Website End-User License Agreement (Website EULA). For purchases and services conducted through the GlucoSensor mobile application, the App End-User License Agreement (App EULA) applies.
1.2 These General Delivery Terms are intended for consumers within the European Union. Orders outside of this region may be subject to additional terms or limitations, which will be indicated during the ordering process.
1.3 Related legal documents: These General Delivery Terms are part of the comprehensive legal framework that governs your interactions with DiaX Medical B.V. (“DiaX Medical”) and the use of the GlucoSensor™ products and services. For full legal understanding, please review 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, device usage, and accuracy considerations.
Each of these documents should be read in conjunction with these Delivery Terms.
ARTICLE 2: ORDERING PROCESS
2.1 Orders can be placed through the official website, GlucoSensor.com. Upon placing an order, the customer will receive an email confirmation detailing the order and the expected delivery date.
2.2 Relationship between User and Consumer: For the purposes of these Delivery Terms, ‘Consumer’ refers to any natural person or legal entity that purchases a product or service through GlucoSensor.com. This is a subset of ‘Users’, as defined in the Website End-User License Agreement (Website EULA), which refers to anyone who visits or uses the website, regardless of whether a purchase is made. All ‘Consumers’ are ‘Users’, but not all ‘Users’ are ‘Consumers’. This distinction is important for the scope of specific terms and rights within these Delivery Terms and the EULA.
ARTICLE 3: DELIVERY
3.1 DiaX Medical aims to deliver orders within the estimated delivery time, as indicated on the website at the time of purchase. The customer acknowledges that the estimated delivery times mentioned on the website are indicative and that DiaX Medical endeavours to adhere to them, in accordance with the Terms of Use as stated on www.glucosensor.com.
3.2 The delivery of products is carried out by recognized courier services. The choice of courier service depends on the destination and specific requirements of the order.
3.3 Customers will be notified via email once their order has been shipped, including a tracking number to follow the delivery status.
3.4 In cases of unforeseen delays, DiaX Medical will notify the customer and provide an updated estimated delivery timeframe. If a delay exceeds 30 days, the customer may cancel the order and request a full refund.
ARTICLE 4: SHIPPING COSTS
4.1 Shipping costs are calculated based on the delivery address, weight, and dimensions of the order. The exact shipping costs are displayed during the ordering process.
4.2 Any additional handling fees, if applicable, will be indicated during the ordering process.
ARTICLE 5: RECEIPT OF ORDER
5.1 Upon receipt of the order, the customer must check the condition of the package in the presence of the courier. Any damage to the packaging or product must be reported immediately to the courier and DiaX Medical.
5.2 If an order is not received within the estimated delivery time, the customer should contact GlucoSensor.com’s customer service.
ARTICLE 6: DAMAGED OR INCOMPLETE DELIVERY
6.1 In case of damaged or incomplete deliveries, the customer must contact GlucoSensor.com’s customer service within 48 hours of receipt, including photos of the damage or a description of the missing items.
6.2 DiaX Medical will initiate an investigation and, if necessary, send a replacement free of charge.
ARTICLE 7: CHANGES IN ORDER OR DELIVERY ADDRESS
7.1 Changes to the order or delivery address are possible until the order has been processed. Once the order has been shipped, changes to the delivery address may no longer be possible, and any failure in delivery due to incorrect address submission by the consumer will not be the responsibility of DiaX Medical. Customers should contact customer service as soon as possible to communicate any changes. DiaX Medical reserves the right to accept or reject changes based on the order status, as further explained in the Terms of Use.
ARTICLE 8: PRODUCT WARRANTY
8.1 Transmitter warranty: The GlucoSensor transmitter is warrantied against defects in material and workmanship under normal use for a period of three years from the production date. This warranty is applicable only to the original consumer purchaser and covers the transmitter’s functionality and performance during the specified warranty period.
8.2 Sensor Warranty: The GlucoSensor Continuous Glucose Monitoring (CGM) System’s sensors are warrantied against defects in material and workmanship under normal use conditions for a period of 10 days from the activation date or the expiration of the sensor’s use-by date, whichever comes first. Sensors that detach due to physical impact, swimming in chlorinated pools, hot tubs, or improper application are not covered under warranty, as detailed in the Sensor Replacement Policy.
8.3 DiaX Medical B.V. reserves the right to assess each warranty claim on a case-by-case basis, and fulfilment of replacement requests is subject to verification of the claimed sensor or transmitter failure. Any claims outside the warranty period or caused by misuse, physical damage, or non-compliance with the Sensor Replacement Policy may be rejected.
8.4 This warranty is limited to the original purchaser and is non-transferable. To qualify for a warranty replacement, the customer must retain and present proof of purchase upon request by DiaX Medical.
8.5 Warranty coverage does not apply if damage arises from accidents, alterations, or misuse contrary to the product’s intended use, as defined in the Sensor Replacement Policy and user manuals.
ARTICLE 9: DEVICE LIMITATIONS IN URGENT SITUATIONS
9.1 The GlucoSensor™ CGM system is designed exclusively for routine glucose monitoring and is not suitable for real-time critical care, emergency medical situations, or life-support applications.
9.2 Users must not rely on the device for urgent or life-threatening situations, as the device does not provide immediate glucose measurements for time-sensitive medical interventions. In any emergency or critical care scenario, users must seek immediate assistance from healthcare professionals.
ARTICLE 10: LIMITATIONS OF DATA ACCURACY DUE TO EXTERNAL FACTORS
The performance of the GlucoSensor™ CGM system, developed by MicroTech Medical Inc., may be affected by external factors, including but not limited to:
- Sensor placement on the body;
- Skin conditions, such as irritation, inflammation, or scarring;
- Hydration levels;
- Environmental conditions, such as humidity or extreme temperatures;
- User activity levels or incorrect handling of the device.
Users are responsible for ensuring the correct placement and maintenance of the CGM system as per the instructions provided. In the event of critical or unexpected readings, users must verify glucose levels using alternative methods, such as fingerstick tests or other traditional glucose monitoring devices, before making any medical decisions or treatment adjustments.
Liability Disclaimer: DiaX Medical B.V. and MicroTech Medical Inc. disclaim any liability for adverse medical outcomes resulting from inaccuracies or delays in glucose readings caused by external factors, including improper sensor placement, environmental influences, or failure to follow the usage instructions provided with the device. Users acknowledge and accept these limitations when using the GlucoSensor™ CGM system.
ARTICLE 11: COMPLAINTS AND DISPUTES
11.1 Complaints regarding delivery, including damaged or incomplete deliveries, must be submitted in writing to DiaX Medical within a reasonable period, but no later than 14 days after the estimated delivery date.
11.2 All disputes arising from or related to the delivery Terms will be settled in accordance with the dispute resolution and applicable law provisions set out in the Website End-User License Agreement (Website EULA) on www.glucosensor.com, where Dutch law applies, and disputes are submitted to the competent court in the Netherlands unless otherwise agreed through arbitration, as described in the EULA.
ARTICLE 12: CANCELLATION AND RETURNS
12.1 In accordance with the Returns and Refund Policy, as set out on the GlucoSensor.com website and managed by DiaX Medical B.V., consumers have the right to cancel the agreement without giving any reason within 14 days after receiving the products, provided that the products are unopened, in their original packaging, and in the same condition as when received. This policy applies in line with European consumer rights legislation and should be read in conjunction with Article 20: Statutory Rights.
ARTICLE 13: LIABILITY
13.1 DiaX Medical is not liable for indirect damages, including consequential damages, lost profits, and damage due to business interruption, arising from any failure to fulfill the delivery obligation, except as provided by Article 20: Statutory Rights.
13.2 The liability of DiaX Medical for direct damages is at all times limited to the maximum amount of the purchase price of the respective products unless the damage is due to intentional misconduct or gross negligence on the part of DiaX Medical.
13.3 User responsibilities for device upkeep and accuracy werification: Users are responsible for ensuring the correct placement, use, and maintenance of the GlucoSensor™ Continuous Glucose Monitoring (CGM) System as instructed in the product manual and guidelines provided by DiaX Medical. In the event of unexpected glucose readings, users must verify their glucose levels using a traditional fingerstick test with a blood glucose meter before making any treatment decisions. DiaX Medical and MicroTech Medical disclaim liability for any adverse health outcomes resulting from a failure to perform such verifications or improper device use.
ARTICLE 14: FORCE MAJEURE
14.1 In the event of force majeure, DiaX Medical B.V. is not obligated to fulfill its obligations toward the customer. Force majeure includes, but is not limited to, natural disasters, pandemics, government restrictions, strikes, fires, business interruptions, power failures, non-timely delivery by suppliers or third parties, or absence of government-issued permits.
14.2 During a force majeure event, both parties may suspend performance under this agreement. If the force majeure condition persists beyond two months, either party may terminate the agreement without any obligation to compensate the other party for damages arising from non-performance due to force majeure.
14.3 Upon termination under this clause, DiaX Medical will refund any payments made by the customer for undelivered products, less any reasonable costs incurred.
ARTICLE 15: INTELLECTUAL PROPERTY
15.1 All intellectual property rights and copyrights concerning the GlucoSensor products, including but not limited to software, manuals, and packaging, remain the property of DiaX Medical B.V. or its licensors, including MicroTech Medical Inc., as the manufacturer of the CGM system and its core functionalities.
15.2 The consumer is not permitted to use or exploit any intellectual property rights as described in this article, such as reproducing or making public without the prior written consent of DiaX Medical B.V.
ARTICLE 16: PERSONAL DATA
16.1 DiaX Medical processes the personal data of the consumer in accordance with the Privacy Policy published on GlucoSensor.com. By placing an order, the consumer consents to this processing within the scope of the order and agrees to the terms outlined in the Privacy Policy.
16.2 Data protection in returns and replacements: In accordance with the Privacy Policy and GDPR, any personal data collected during the return, refund, or replacement process will be used solely for the purpose of processing the request, ensuring product safety, and addressing customer service inquiries. DiaX Medical will handle this data responsibly, retaining it only for as long as necessary to complete the return or replacement and comply with legal obligations. For details on your data rights, refer to the Privacy Policy.
ARTICLE 17: APPLICABLE LAW AND COMPETENT COURT
17.1 All legal relationships between DiaX Medical and the consumer are subject to Dutch law.
17.2 All disputes related to or arising from offers made by DiaX Medical, or agreements concluded with DiaX Medical, will be submitted to the competent court in the Netherlands where DiaX Medical is established unless the law expressly designates another court as competent.
17.3 If the customer is based outside the Netherlands, disputes may be subject to international arbitration if mutually agreed upon by both parties.
ARTICLE 18: AMENDMENT OF TERMS
18.1 DiaX Medical B.V. reserves the right to modify, amend, or update these General Delivery Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the GlucoSensor.com website. Consumers are encouraged to review these Terms regularly to stay informed about any updates.
18.2 By continuing to use the GlucoSensor Continuous Glucose Monitoring (CGM) System or placing orders through GlucoSensor.com after changes are posted, consumers agree to be bound by the revised Terms. If any modification is unacceptable to the consumer, their only recourse is to discontinue the use of the GlucoSensor products and services.
18.3 DiaX Medical B.V. may also, in its sole discretion, notify consumers of significant changes to the Terms via email or other means before the changes take effect. However, it is the consumer’s responsibility to ensure they are aware of the current Terms governing their use of the GlucoSensor products and services.
18.4 These amendments are made in accordance with applicable EU laws and regulations governing the modification of terms and conditions for online services and e-commerce platforms.
18.5 In the event of a significant amendment, customers will be informed through email or website notifications where possible, and will have the option to review and consent to any substantial changes prior to continued use.
18.6 Notification of significant amendments: In the event of significant amendments to these General Delivery Terms, DiaX Medical will make reasonable efforts to notify customers through prominent notices on the GlucoSensor.com website or via direct email communication. Customers are encouraged to review these Terms regularly to stay informed of updates. Continued use of the GlucoSensor products or services after any changes to the General Delivery Terms will constitute acceptance of the revised terms.
ARTICLE 19: ENTIRE AGREEMENT
19.1 These Delivery Terms constitute one part of the Total Agreement between you and GlucoSensor. Together with our End-User License Agreement (EULA), Privacy Policy, Return Policy, and Sensor Replacement Policy, these Delivery Terms outline the rights, responsibilities, and expectations governing the delivery of our product or service to you. By placing an order or accepting delivery of our product or service, you acknowledge and agree to be bound by the terms of these Delivery Terms and the entirety of the Total Agreement.
ARTICLE 20: STATUTORY RIGHTS
20.1 Nothing in these General Delivery Terms is intended to exclude or limit any statutory rights that may not be excluded or limited under applicable law, including but not limited to consumer protection laws applicable within the European Union.
20.2 In the event of a conflict between these General Delivery Terms and applicable statutory rights, the statutory rights will prevail to the extent of such conflict.
ARTICLE 21: CUSTOMER RESPONSIBILITIES
21.1 The customer is responsible for ensuring that all information provided to DiaX Medical, including the delivery address and contact details, is accurate and up-to-date. Any inaccuracies that affect the delivery process, including missed deliveries or delays, will not be the responsibility of DiaX Medical.
21.2 The customer agrees to follow all provided instructions, guidelines, and recommendations for the use and maintenance of the GlucoSensor Continuous Glucose Monitoring (CGM) System. DiaX Medical and MicroTech Medical Inc. are not liable for damages arising from non-compliance with these instructions.
ARTICLE 22: ADDITIONAL LIMITATION OF LIABILITY
22.1 DiaX Medical B.V. and its suppliers, including MicroTech Medical Inc., are not liable for any damages resulting from the improper handling, unauthorized modifications, or misuse of the GlucoSensor CGM System by the customer.
22.2 DiaX Medical B.V. does not guarantee uninterrupted access to the GlucoSensor.com website or the continuous functionality of the GlucoSensor mobile application, as periodic maintenance, updates, or technical issues may impact availability. Customers acknowledge that DiaX Medical is not responsible for losses resulting from temporary service disruptions.
ARTICLE 23: LANGUAGE
23.1 These General Delivery Terms have been drafted in the English language. In the event of any discrepancy between the English version and a translated version, the English version will prevail.
23.2 For customers preferring documents in other languages, DiaX Medical B.V. may provide unofficial translations upon request. However, these translations are provided for convenience only and do not carry any legal authority.
ARTICLE 24: PARTIAL INVALIDITY
24.1 If any provision of these General Delivery Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will remain unaffected and in full force.
24.2 In such cases, DiaX Medical and the customer will negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that reflects the original intent as closely as possible.
ARTICLE 25: CONFIDENTIALITY
25.1 Both DiaX Medical B.V. and the customer agree to maintain the confidentiality of any sensitive or proprietary information disclosed during transactions. This includes, but is not limited to, customer personal data, financial details, order history, and proprietary business information of DiaX Medical B.V., as governed by the Privacy Policy on GlucoSensor.com.
25.2 The obligation of confidentiality shall not apply to information that is publicly available, becomes publicly available through no fault of the receiving party, or has been independently developed by the receiving party without reference to the disclosed information. Confidential information may only be disclosed to third parties with written consent from the disclosing party or as required by applicable law.
ARTICLE 26: EXPORT RESTRICTIONS
26.1 Certain products sold on GlucoSensor.com may be subject to export controls and other laws in the country of delivery. The customer agrees to comply with all applicable laws and regulations of the importing country. DiaX Medical reserves the right to refuse orders that do not comply with such regulations.
ARTICLE 27: RETURNED GOODS INSPECTION
27.1 Returned goods will be inspected upon receipt to ensure compliance with the Returns and Refund Policy. DiaX Medical reserves the right to withhold or deduct refunds if the product is found to be used, altered, or damaged beyond what is necessary to determine functionality.
ARTICLE 28: DIGITAL COMMUNICATION CONSENT
28.1 By placing an order through GlucoSensor.com, the customer consents to receive electronic communications from DiaX Medical B.V. related to order processing, delivery status, and any follow-up inquiries necessary to complete the transaction.
28.2 The customer also agrees that DiaX Medical B.V. may communicate important notices, updates, and promotional offers related to the GlucoSensor CGM System and related products via email or other electronic means, in accordance with the Privacy Policy. Customers may withdraw consent for promotional communications at any time by following the opt-out instructions provided in each communication or by contacting customer service.
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