Terms and Conditions of Sale (“Terms”)

 

Abbott Laboratories Limited(“ABBOTT”) has appointed Zuellig Pharma Limited (“Zuellig”) as the authorized distributor for the FreeStyleLibre products (“Products”) in Hong Kong through www.freestylelibre.com.hk and such other channels e.g. order forms or order hotlines as Abbott may provide ("Purchase Channels"). Abbott operates and maintains the website www.freestylelibre.com.hk and is processing your order of the Products placed on the Purchase Channels on behalf ofZuellig.

Products are sold by Zuellig.

You can place orders for the purchase of the Products throughthe Purchase Channels.

The Purchase Channels are for the sale of theProducts from Zuellig to customers who are resident in Hong Kong and who are aged 18 or over. If you are not resident in Hong Kong, please visit www.freestylelibre.com where you will be directed to the Abbott website in your country (if any) or advise the Abbott Customer Service Representative of this and you will be re-directed to an appropriate Customer Service Representative.

Please check with your Health Care Professional whether the Products are suitable for you.

The Terms apply to the purchase of Products ordered through all Purchase Channels and shall not be applicable for any purchase of Products from other third parties.  By using any of the Purchase Channels to purchase Products you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract for the purchase of the Products and can only be amended with our consent. Any purchases that you make are subject to these Terms. Any terms or conditions of Zuellig’s invoice form that conflict with the Terms shall be superceded by the Terms.

You are advised to print a copy of the Terms for reference.

Effective Date of the Terms: September2016
Last Updated: September2016

Other Applicable Terms

Please read the Privacy Policy available at www.freestylelibre.com.hk, as they contain important information which applies to all purchases made through the Purchase Channels.

When you place an order through the Purchase Channels, you will be providing Zuellig and Abbott with your personal information. You agree that Abbott and Zuellig canuse your personal information to process your order and for the delivery of the Products ordered and for other limited purposes.

Your Account

In order to purchase Products through the Purchasing Channels an account must be created. Creation of an account will include verification of your identity and the information that you provide must be accurate and complete.

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.

Creating a Contract

After you place an order through the Purchase Channels, you will receive an email from Abbott sending on behalf of Zuelligacknowledging that your order has been received. The order you placed constitutes an offer to purchase the Product. Zuellig’sacceptance of your order will take place when you receive a confirmation emailfrom Abbott sending on behalf of Zuellig confirming acceptance of your order at which time a contract will be formed between you and Zuellig (“Contract”). It is important that you enter a valid e-mail address.

The Product remains the property of Zuelliguntil full payment has been received from you.

Amending These Terms

Without prejudice to your rights under applicable law, Zuelligreserves the right to amend these Terms at any time and for any reason. These Terms supersede any other pre-printed terms and conditions appearing elsewhere.

If Zuelligamends the Terms, the most recent version of the Terms will be posted online and will then apply to the purchase of Products through the Purchase Channels.

When these Terms are amended, we will state that these Terms have been amended and show the relevant date at the top of this page.

Language of Terms & Contract

These Terms and any Contract are in English only.

Customer Service

To contact Zuelligplease call our Customer Service line on 852-28560062

Use of Images

 

Images of the FreeStyleLibre reader and sensor are for illustrative purposes only. The reader and sensors that you receive may vary from those images.

Order Cancellation

Zuellighas the right to cancel any accepted order prior to delivery in the event of any pricing error or any material error outside of Zuellig’scontrol in connection with your order or other conditions published on the website www.freestylelibre.com.hk relevant for your order.

You have the right to cancel the order for the purchase of Products prior to order acceptance by Zuellig by calling the Zuellig Customer Service line on 852-2856 0062.

 

Availability

The purchase of Product(s) through the Purchase Channels is subject to availability. Zuelligwill inform you as soon as possible if the Product you have ordered is not available and Zuelligwill not process your order.

Delivery

Your Product(s) will be delivered to you as soon as possible and in any event within 30 calendar days of Zuelligaccepting your order.

The Product(s) will be delivered to you by a courier engaged by Zuellig.

You are responsible for the Product and for any loss or damage to it after it is delivered to you.

If you are not available when the Product is delivered, the Product will be returned to Zuelligand you will receive a notification that the Product could not be delivered. The courier will then contact you to re-arrange delivery at a more suitable time.

Zuelligwill deliver directly to the address specified in your order. It is your responsibility to ensure address details are correct; Zuelligdoes not assume responsibility for undelivered orders caused by incorrectly entered addresses. Zuelligis unable to deliver to the same order to multiple addresses.

When the Product is delivered to you, you shall check the contents of the package immediately as per the enclosed delivery document. Should an item of the Product is not delivered or missing or damaged from outside, you are requested to contact Zuellig through the Customer Service line on 852-28560062. Any claim shall not be considered unless reported to Zuellig within 7 days of the invoice date.

Prices

The prices of the Products will be as described through the relevant Purchase Channel from time to time. Zuelligwill take reasonable care to ensure that the Product prices are correct at the time an order is placed.

Prices for the Products may change from time to time. Price changes will not affect any order which has been accepted by Zuelligas set out above.

The prices of the Products do 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.

Special Offers. From time to time, Zuelligmay make special offers available through the Purchase Channel. Zuelligwill 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 any special offers, these Terms shall prevail.

Payment Method

Zuelligaccepts cash on delivery only.

Product Warranty

Warranty

The reader is sold with a two year warranty and will be replaced by Abbott if it develops a fault during this two year period (other than due to normal wear and tear, failure to follow instructions use error or misuse or unauthorised alteration). This limited warranty is valid if the reader is defective in material or workmanship, and it has been used only in accordance with the User‘s Manual. Abbott’s obligation is to replace the reader free of charge with a same or alternative reader as determined by Abbott in its sole discretion. Your replacement may be a different model or type. This warranty covers only the reader, does not cover disposable accessories, extends only to the original purchaser, and is not assignable or transferable.

If you need to make a warranty claim to Abbott, you may contact Abbott’s local Customer Service at852-5808 4196. Abbott shall bear all costs associated with delivery of replacement reader to you and the return of defective reader to Abbott.

 

Under no circumstances whatsoever will Zuelligbe liable to youfor any indirect, incidental, special or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost revenue, income or profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation or otherwise.

 

Transfer of Contract

Any Contract for the purchase of Products made through the Purchase Channels is between Zuelligand you. No other person shall have any rights to enforce any of its terms. If you have purchased a Product as a gift, the recipient of the gift will be entitled to the benefit of the warranty set out in these Terms.

Zuelligmay transfer its rights and obligations under the Contract to another organisation. This will not affect your rights or our obligations under these Terms.

All other transfers of rights and obligations must be agreed with Zuelligin writing prior to the transfer taking place.

Interpretation of these Terms.

Each of the paragraphs operates separately. If any court or authority finds that any of them are unlawful or unenforceable, the remaining paragraphs will continue in full force and effect.

Delay in Enforcement.

If Zuelligfails to insist that you perform any of your obligations under these Terms or is delayed in enforcing the Terms, this should not be interpreted as a waiver of the rights of Zuelligunder these Terms. You are still required to comply with these Terms irrespective of Zuellig’senforcement or otherwise. A default by you will only be waived if it is in writing, signed by Zuellig.

Governing Law

These Terms and the Contract are governed by the laws of Hong Kong, including any disputes or claims arising out of or in connection with them and the courts of Hong Kong will have jurisdiction over any such dispute or claim.

Payment Options

Products are sold by Zuellig Pharma Limited, a company organized under the laws of Hong Kong and having its principal place of business at Suite 608, 6/F, Devon House, Taikoo Place, Quarry Bay, Hong Kong.

The only available payment method is cash on delivery. All Products remain the properties of Zuellig until full payment has been received from you.

Returns Policy

1.        Can I return a Product?

Due to the nature of the Product, you cannot cancel the order once the order has been accepted by Zuellig. The only exception to this is for faulty sensors/reader(s).

In the unlikely event that either a sensor or the reader develops a fault prior to the expiry date in case of a sensor or the expiry of the warranty periodin case of a reader from the date of delivery (other than due to normal wear and tear, failure to follow instructions, use outside of indication, or misuse) or is damaged while it is being delivered, Abbott will replace the sensor or reader. Please refer to the terms of warranty applicable for the sensor/reader.Please contact the Abbott Customer Service at 852-5808 4196, who will be able to advise you. If you return the reader, please ensure that you erase any personal information that is stored on the reader completely before sending the reader back.

2.        The product I received is damaged or wrong, can I return it?

​Yes, if you receive a damaged Product, please contact Zuellig’sCustomer Service at852-28560062 to request for a replacement.

3.        There is an error in the invoice I have received, what can I do?

Please contact Zuellig at 852-28560062 within 24 hours upon delivery if you find any error in the invoice.