Terms and Conditions of Sale
Effective Date of the Terms: 01 August 2017
Last Updated: 01 August 2017
1. Information about Abbott
The Purchase Channels (defined below) are owned and operated by Abbott Laboratories Ireland Limited (registered company number 11542) whose registered office is Block B, Liffey Valley Office Campus, Quarryvale, Dublin 22, D22 X0Y3, Ireland (VAT no. IE8P56068T).
If you decide to purchase products through the Purchase Channels, you are purchasing products from Abbott Laboratories, Ireland, Limited and references to “Abbott” in these Terms shall be construed accordingly. “Reader” refers to the FreeStyle Libre Reader and “Sensor” refers to the FreeStyle Libre sensor. “FreeStyle Libre flash glucose monitoring system” refers to the Reader and Sensors collectively.
2. Terms and Conditions of Sale (“Terms”)
You can place orders for the purchase of the Abbott products either online through www.FreestyleLibre.ie or through calling the Abbott Careline on 1800 776633 or through such other channels as Abbott may provide in the future ("Purchase Channels").
The Terms contained in this document apply to the purchase of Abbott products ordered through all Purchase Channels. By using any of the Purchase Channels to purchase Abbott products you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract for the purchase of the Abbott products and can only be amended with Abbott’s prior written consent. Any purchases that you make are subject to these Terms.
The Purchase Channels are for the sale of Abbott products to customers who are resident in the Republic of Ireland and who are aged 18 years or over. If you are not resident in the Republic of Ireland, please visit www.freestylelibre.com where you will be directed to the Abbott website (if any) in your country.
A copy of these Terms will be provided to you when you receive confirmation of acceptance of your order as described below. You are advised to print a copy of these Terms for reference.
3. Other Applicable Terms
The following documents also apply to your purchase of Abbott products through the Purchase Channels:
4. Your Account
In order to purchase Sensor(s) and/or Reader(s) through the Purchase Channels an account must be created using an individual email address. Creation of an account will include verification of your identity and the information that you provide must be accurate and complete.
Your access to any of the Purchase Channels may be withdrawn at any time.
You are responsible for maintaining the confidentiality of passwords to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or using your password.
You should take necessary steps to ensure that your password and account details are kept confidential and secure and you should inform Abbott immediately if you have any reason to believe that your password has become known to anyone else or if the password is being, or is likely to be, used in an unauthorised manner.
5. Creating a Contract
If you are placing an order through www.FreestyleLibre.ie the technical steps required to create a contract between you and Abbott are as follows:
The contract between you and Abbott will only be formed when you receive the confirmation of dispatch of the Abbott products. The contract will continue in effect until the product warranty referred to in paragraph 22 expires, or, if you exercise your right to cancel (explained in paragraph 19 below), the contract will last until the products have been returned to Abbott in accordance with these Terms and Abbott has refunded you in accordance with these Terms. Your obligations under the contract will cease when the contract ends.
6. Amending these Terms
Without prejudice to your rights under applicable law, Abbott reserves the right to amend these Terms at any time and for any reason.
If Abbott amends the Terms, the most recent version of the Terms will be posted online and will then apply to the purchase of Abbott products through the Purchase Channels.
When these Terms are amended, Abbott will state that these Terms have been amended and show the relevant date at the head of these Terms.
Subject to the following paragraph, every time you order Abbott products through the Purchase Channels, the Terms in force at the time of your order will apply to the contract between you and Abbott.
If Abbott has to revise these Terms as they apply to your order, Abbott will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Abbott products or just the Abbott products you have yet to receive. If you opt to cancel, you will have to return (at Abbott’s cost) any relevant Abbott products you have already received and Abbott will arrange a full refund of the price you have paid, including standard delivery charges.
If these Terms are amended and you currently have a direct debit arranged for the purchase of Abbott products, you will be informed of the change to the Terms.
7. Language of Terms and Contract
These Terms and any contract are in English only.
8. Contact Details - Abbott Careline
To contact Abbott please call our customer Careline on 1800 776633 or visit the Contact section on our website; http://www.freestylelibre.ie/contacts/.
9. Use of Images
Images of the Reader and Sensor are for illustrative purposes only. The Reader and Sensors that you receive may vary from those images.
10. Software Requirements
In order to download your readings from the Reader, your computer must meet the following minimum requirements: a computer running one of the following operating systems:
•Microsoft Windows 7 (32 or 64 bit)
•Microsoft Windows 8 (32 or 64 bit)
•Microsoft Windows 10(32 or 64 bit)
•OS X El Capitan
At minimum, a computer with a USB 2.0 compliant hub with a dual-core 1.6 GHz processor and 2 GB RAM is required. On occasions, the FreeStyle Libre software is updated. For the most up to date software requirements, please visit www.FreeStyleLibre.ie.
FreeStyle Libre software is intended for use by individuals and healthcare professionals to aid in the review, analysis, and evaluation of information such as Sensor glucose readings, blood glucose test results, blood ketone test results, and other data uploaded from the Reader in support of an effective diabetes health management program.
FreeStyle Libre software is not intended to be used for the diagnosis of or screening for diabetes mellitus. Users should be aware that FreeStyle Libre software is merely an information management tool and it is therefore not intended to be used as a substitute for the support of a healthcare professional. Individuals should always consult their healthcare professional if they have any queries or concerns about diabetes management.
11. Information Available on this Website
The information and content provided through the Purchase Channels do not constitute medical advice. You should consult your healthcare professional for advice before you make any decisions relating to your treatment or care.
Abbott disclaims to the maximum extent permitted by law all liability for any loss or damage suffered by you or any person, be it directly or indirectly, whether in contract, statute, tort (including negligence) or otherwise, as a result of or in connection with your use of www.freestylelibre.ie or any treatment or care decisions that you make. However, Abbott does not exclude or limit its liability for death or personal injury resulting from Abbott’s negligence (see paragraph 23 below).
12. Product Availability
The purchase of Sensor(s) and/or Reader(s) through the Purchase Channels is subject to availability. Abbott will inform you as soon as possible if the Abbott product you have ordered is not available and Abbott will not process your order. If you have already paid for Sensor(s) and/or Reader(s), you will be refunded in full. Abbott reserves the right to impose ordering restrictions on the number of Abbott Readers that can be ordered and the interval at which these Abbott products can be ordered.
The FreeStyle Libre flash glucose monitoring system is indicated for measuring interstitial fluid glucose levels in people (age 4 years and older) with diabetes mellitus, including pregnant women. The indication for children (age 4-12 years) is limited to those who are supervised by a caregiver who is at least 18 years of age. A caregiver at least 18 years old is responsible for supervising, managing, and assisting the child in using the FreeStyle Libre flash glucose monitoring system and interpreting its readings.
The FreeStyle Libre flash glucose monitoring system has not been evaluated for use by persons on dialysis, persons less than 4 years of age or when used with other implanted medical devices, such as pacemakers.
14. Money Back Guarantee
Please read these Terms before making a purchase of a FreeStyle Libre starter kit. In addition to your legal rights, the purchase of your initial FreeStyle Libre starter kit through www.freestylelibre.ie is also backed by a thirty (30) day money back guarantee. If you change your mind about your purchase or come to the view that the FreeStyle Libre flash glucose monitoring system is not for you, then please return it within thirty (30) calendar days of receipt. To return your purchase, please call the Customer Careline within thirty (30) days of receiving the Abbott product. Please be aware that you are responsible for the cost of any returns. Abbott will refund the product price, however, delivery charges will not be refunded unless you cancel within fourteen (14) days and in accordance with these Terms. The cost of the FreeStyle Libre starter kit will be refunded to you within fourteen (14) working days using the method that you used to pay for the purchase. This thirty (30) day money back guarantee only applies to the first purchase of the FreeStyle Libre starter kit.
15. Legal Rights
Abbott is required by law to ensure that Abbott products ordered from Abbott comply with the Terms of Abbott’s contract with you. In particular, any Abbott products that Abbott supplies to you must correspond with any relevant description included on the Abbott website, must be of merchantable quality, and must be fit for their intended purpose as described by Abbott.
Your purchases and replacement Sensor(s) and/or Reader(s) will be delivered to you as soon as possible and in any event within thirty (30) calendar days of Abbott accepting your order. Once your order is read to be shipped, you will receive a dispatch email from Abbott. All delivery times specified in the Purchase Channels are estimates only and are not guaranteed.
The Sensor(s) and/or Reader(s) will be delivered to you by a courier engaged by Abbott and can only be shipped to a Republic of Ireland address.
You are responsible for the Sensor(s) and/or Reader(s) when they are delivered to you.
Abbott will deliver directly to the address specified in your order. Abbott is unable to deliver the same order to multiple addresses or amend the delivery address once dispatched.
If you are not present or available at the address you provided when your order is delivered, your order will be returned to Abbott and you will receive a notification that your order could not be delivered. Where an order cannot be delivered and is returned to Abbott’s warehouse, Abbott will apply a refund to your account.
The prices of the Sensor(s) and/or Reader(s) will be as described through the relevant Purchase Channel from time to time. Abbott will take reasonable care to ensure that the Abbott product prices are correct at the time an order is placed.
Prices for the Sensor(s) and/or Reader(s) may change from time to time. Price changes will not affect any order which has been accepted by Abbott as set out above.
The Sensor(s)/Reader(s) price includes VAT at the applicable rate in Ireland as may be amended from time to time.
The price of the Sensor(s) and/or Reader(s) does not include delivery charges to you. You will be informed of the delivery charges when you make your purchase through the Purchase Channel.
Delivery charges will be added to the total amount due once you have selected a delivery service.
If you are charged an incorrect price, then either:
(a) where the Abbott product’s correct price is less than the price stated through the Purchase Channel, you will be charged the lower amount prior to the Abbott product being dispatched to you; or
Abbott will refund you using the same means as you used for the transaction. If you paid by card then you will be reimbursed on the credit card or debit card used by you to pay.
From time to time, Abbott may make special offers available through the Purchase Channels. Abbott will provide the terms of any special offers at the time of purchase. Any such terms incorporate these Terms in full. In the event of any conflict between these Terms and the terms of any special offers, these Terms shall prevail.
18. Payment Method
Abbott accepts most major credit and debit cards for payment. The accepted methods of payment are displayed on the Abbott website.
Payment for your order and all applicable delivery charges is due in advance of receiving the Abbott products. You will be charged for the Sensor(s) and/or Reader(s) that you are purchasing when your order is dispatched to you by Abbott. The Sensor(s) and/or Reader(s) will be owned by you when your payment has been processed in full.
You confirm that you own the credit/debit card that is being used to make your purchase.
If your card issuer refuses to authorise payment for your order, Abbott will be unable to dispatch the Sensor(s) and/or Reader(s) to you and Abbott will not be responsible for any delay or non-delivery. Abbott will not be informed of the reason for refusal and, therefore, is unable to inform you of the reason that your card issuer has refused payment.
Abbott is not responsible for any card or bank charges issued by your card issuer as a result of processing payment for your order.
Your account will record that payment has been taken by Abbott Laboratories, Ireland, Limited. You will be notified each time that a payment is taken.
19. Cancellation and Refunds
Subject to the exceptions set out below, you have the right to cancel the contract for the purchase of Abbott products at any time up to fourteen (14) days after the day on which you receive your order. If you place an order for several products and they are delivered separately, then the fourteen (14) days will start the day after you receive the last product on your order.
You can cancel the contract by sending a clear statement such as a letter sent by post or email to Abbott. For example, you can send the cancellation form available here to Abbott Diabetes Care, Abbott Laboratories, Ireland, Limited, Block B, Liffey Valley Office Campus, Quarryvale, Dublin 22 D22 X0Y3, Ireland (but this is not compulsory). You may also call the Abbott Customer Careline on 1800 776633.
If you decide to cancel the contract, you should keep a record of the cancellation information that you provided to Abbott.
Cancellation Prior to Delivery
If you change your mind about your purchase and decide to cancel the contract prior to the Sensors and/or Reader(s) being delivered, you should notify Abbott, as stated in paragraph 19, immediately and reject any orders dispatched.
If you wish to cancel the contract in these circumstances, it is preferable that you call the Abbott Customer Careline on 1800 776633.
Refunds after Delivery
(a) Unopened Sensors and Readers and Opened Outer Packaging.
If you decide that you do not wish to keep the unopened Sensor(s) and/or Reader(s) that you ordered or if only the outer packaging of the Sensor(s) and/or Reader(s) has been opened, you are entitled to cancel the contract without giving any reason within fourteen (14) days from which you acquire, or a third party other than the carrier and indicated by you acquired, physical possession of the Abbott products subject to the conditions set out here.
Unopened Sensor(s) and/or Reader(s) must have their tamper seals intact.
If you cancel this contract in these circumstances, Abbott will reimburse to you all payments received from you, including the cost of delivery of the Abbott products to you, once the items have been returned. You are responsible for delivery costs that are above the standard delivery option and for the cost of returning the Abbott products.
If you wish to return the Abbott products within the specified timeframe please contact the Abbott Customer Careline on 1800 776633 who will be able to advise you on how to return the Sensor(s) and/or Reader(s) to Abbott.
You will lose the right to a refund if any packaging that is required for hygiene reasons has been removed and/or tampered with.
(b) Unused Opened Sensors.
In the event that you open an individual Sensor package, Abbott is unable to accept the Sensor for return for safety and hygiene reasons. You should dispose of the Sensor according to the instructions included in the package.
Abbott is unable to offer any refund with respect to Sensor(s) that have been opened.
(c) Unused Opened Reader.
In the event that you open the Reader, Abbott is unable to accept the Reader for return for safety and hygiene reasons. You should dispose of the Reader according to the user instructions.
Abbott is unable to offer a refund in respect of any Reader that has been opened.
To meet the cancellation deadline of fourteen (14) days after the Sensor(s) and/or Reader(s) are delivered to you, it is sufficient for you to send a clear statement such as a letter sent by post or email to Abbott (for example, by sending the form accessible here), or to call the Abbott Customer Careline before the cancellation period has expired.
If you are entitled to a refund, Abbott will process the refund as soon as possible and in any case within fourteen (14) calendar days from the date Abbott receives the Abbott product(s) back from you, or (if earlier) fourteen (14) days after the day that you provide evidence that you have returned the Abbott product(s), or if the Abbott product(s) were not delivered to you, within fourteen (14) days after the day on which Abbott was informed that you wish to cancel the contract. Abbott will refund you using the same means as you used to pay for the transaction. If you paid by card then you will be reimbursed on the credit card or debit card used by you to pay.
Abbott reserves the right to refuse to issue a refund or replacement Abbott product and to recover the cost of the return delivery from you in the event that the Abbott product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.
20. FreeStyle Libre Products
Sensors are designed to be worn for a maximum of fourteen (14) days only. If during that fourteen (14) day period it becomes clear that your Sensor is not fit for its intended purpose and is not of merchantable quality, you are entitled to:
(a) reject the faulty Sensor that you have received and receive a refund; or
(b) require Abbott to repair or replace the faulty Sensor free of charge (provided that this does not impose a disproportionate cost on Abbott compared to your right to reject it and receive a refund).
Abbott’s policy on replacing Sensors that are fit for their intended purpose and of satisfactory quality is set out in paragraph 21. You should contact the Abbott Customer Careline on 1800 776633 to report the issue before sending any products back. As products may be required to be returned for investigation, you should not dispose of any items before contacting Abbott.
If during the expected lifespan of the Reader it becomes clear that your Reader is not fit for its intended purpose, is faulty or is not of satisfactory quality, you are entitled to the following:
(a) up to thirty (30) days - if the Reader is faulty, you can reject it and get a refund;
(b) up to six (6) months - if the Reader cannot be repaired or replaced, then you are entitled to a full refund in most cases; or
(c) up to six (6) years - if the Reader does not last a reasonable length of time you may be entitled to some money back.
[In the event that a Reader develops a fault within a period of two (2) years from the date of delivery (other than due to normal wear and tear, failure to follow instructions or misuse) or is damaged while it is being delivered, Abbott will replace the Reader or offer you a refund.
Please contact the Abbott Customer Careline on 1800 776633 who will be able to advise you on how to return faulty Sensors and/or Readers to Abbott and obtain a replacement or refund. Abbott will refund you using the same means as you used for the transaction. If you paid by card, then you will be reimbursed on the credit card or debit card used by you to pay.
Abbott will not replace Readers or Sensors that have been damaged due to user-damage or misuse.
FreeStyle Libre Readers and Sensors – Expiry dates
Abbott will not replace Sensors that have not been used before their expiry date.
21. FreeStyle Libre Sensors – Duration of Sensor
Sensors are designed to be worn for a maximum fourteen (14) day period. The wear time of a Sensor is dependent upon many factors, including but not limited to your skin type and the activities that you undertake while wearing a Sensor. Sensors that have fallen off because of such factors are non-defective.
Your legal rights that apply if your Sensor is faulty are set out paragraph 15 above. In addition, in order to ensure that each customer has the best possible opportunity to assess whether a Sensor is a suitable product for them, it is Abbott’s policy that:
(a) where a customer reports that a Sensor has fallen off prior to the maximum fourteen (14) day wear period and requests a refund or a replacement Sensor, Abbott will contact and work with that customer to ensure that the Sensor was applied in accordance with the instructions set out in the user manual;
(b) if your Sensor has fallen off, Abbott will replace the Sensor free of charge or offer a refund;
(c) Abbott will replace a maximum of three (3) non-defective Sensors free of charge. After receipt of your third replacement Sensor, your entitlement to replacements will reset after ninety (90) calendar days for the avoidance of doubt this provision is in relation to Sensors which are not defective;
(d) if after the third replacement Sensor, you are still experiencing difficulty and Sensors do not last for the maximum fourteen (14) day wear period, Abbott will be unable to replace any further Sensors or to provide any refunds; and
(e) if you are unable to wear a Sensor for the maximum wear period, you may decide that the Sensor is not the appropriate product for you.
In order to receive a replacement Sensor which may be due to you, you should contact the Abbott Customer Careline, on 1800 776633, on the day that the Sensor falls off, and you should keep the displaced Sensor and follow the instructions of the Abbott Careline representative.
Abbott will not replace any Sensors that have been damaged or have fallen off due to user-damage.
22. Reader Warranty
The Reader is sold with a two (2) year warranty and will be replaced by Abbott if it develops a fault (other than due to normal wear and tear, failure to follow instructions, user error or misuse) during this two (2) year period. In the alternative, you may notify Abbott that you wish to receive a refund of the purchase price and delivery costs of the Reader.
Abbott does not exclude or limit in any way its liability for:
(a) death or personal injury caused by Abbott’s negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by the Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services Act 1980);
(d) breach of the Consumer Protection Act 2007;
(e) defective products that are not permitted to be excluded or limited under the Liability for Defective Products Act 1991; or
(f) matters that applicable law does not permit to be excluded or limited.
To the fullest extent permitted by applicable law, Abbott is not liable to you where performance of any of Abbott’s obligations under these Terms is prevented or restricted by any circumstance or cause beyond our reasonable control, which include failure of public or private telecommunications or power networks, storm, flood or strikes by third parties.
You are responsible for the ways in which you use the Sensor(s) and Reader(s) and Abbott does not accept any liability in this regard.
Abbott limits its liability in respect of any damage caused to any of your devices or digital content by an Abbott product to the sum of €1,000 for all claims over the life of the contract. To the fullest extent permitted by applicable law, Abbott excludes its liability for all other matters, whether arising in contract, statute, tort (including negligence) or otherwise and in no respect shall be liable for any indirect, special or consequential loss or damages.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available is owned at all times by Abbott.
If you would like to contact Abbott, please contact:
Abbott Customer Careline 1800 776633
Contact section on our website; http://www.freestylelibre.ie/contacts/
Post: Abbott Diabetes Care, Customer Service Department (82), Block B, Liffey Valley Office Campus, Quarryvale, Dublin 22 D22 X0Y3.
25. Transfer of Contract
Any contract for the purchase of Abbott products made through the Purchase Channels is between Abbott and you. No other person shall have any rights to enforce any of its Terms. If you have purchased an Abbott product as a gift, the recipient of the gift will be entitled to the benefit of the warranty set out in these Terms.
Abbott may transfer its rights and obligations under the contract to another organisation. This will not affect your rights or Abbott’s obligations under these Terms.
All other transfers of rights and obligations must be agreed with Abbott in writing prior to the transfer taking place.
26. Interpretation of these Terms
Each of the paragraphs of these Terms operates separately. If for any reason any provision of these Terms is held to be unenforceable or invalid, such provision shall be deemed to be severed from these Terms and the enforceability or validity of the remaining provisions of these Terms shall not be affected thereby.
27. Delay in Enforcement.
If Abbott fails to insist that you perform any of your obligations under these Terms or is delayed in in enforcing the Terms, this should not be interpreted as a waiver of the rights of Abbott under these Terms. You are still required to comply with these Terms irrespective of Abbott’s enforcement or otherwise. A default by you will only be waived if it is in writing, signed by Abbott.
28. Governing Law
These Terms (and formation, construction, performance and validity of the contract) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of Ireland and you can bring legal proceedings in respect of the Abbott products in the courts of Ireland.
30. Dispute Resolution
Abbott Customer Careline 1800 776633
Email: ADCHelpUK@abbott.com Subject; FreeStyle Libre Complaint
Post: Abbott Diabetes Care, Customer Service Complaints (82), Block B, Liffey Valley Office Campus, Quarryvale, Dublin 22 D22 X0Y3.
If you are unhappy about the way that Abbott has handled a complaint, you may wish to use the European Online Dispute Resolution Platform to further discuss your complaint with Abbott. The Online Platform can be found here: http://ec.europa.eu/consumers/odr
Abbott will not file a copy of this contract.