TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

In General

Copyright:
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Swiss and other copyright laws, and is the property of Implant Direct Europe AG and/or of its affiliates or subsidiaries. The collective work may include works that are licensed to Implant Direct Europe AG and/or its affiliates or subsidiaries. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Implant Direct Europe AG or purchasing Implant Direct Europe AG products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Implant Direct Europe AG or to purchase Implant Direct Europe AG products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Implant Direct Europe AG or Implant Direct, LLC.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks:
All trademarks, service marks and trade names of Implant Direct Europe AG, and/or of its affiliates or subsidiaries, used in the site are trademarks or registered trademarks of Implant Direct Europe AG, and/or of its affiliates or subsidiaries, until otherwise specifically noted.

Warranty Disclaimer:
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Implant Direct Europe AG disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Implant Direct Europe AG does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Implant Direct Europe AG does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some States do not permit by mandatory law limitations or exclusions on warranties, so the above limitations may not or not fully apply to you.

Limitation / Exclusion of Liability:
Implant Direct, LLC. or Implant Direct Europe AG shall not be liable to the fullest extent permissible pursuant to applicable law for any direct, special, incidental or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of, or the inability to perform, the products, even if Implant Direct Europe AG has been advised of the possibility of such damages. Applicable mandatory law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not or not fully apply to you.

Typographical Errors:
In the event that an Implant Direct Europe AG product is mistakenly listed at an incorrect price, Implant Direct Europe AG reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Implant Direct Europe AG reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Implant Direct Europe AG shall issue a credit to your credit card account in the amount of the cancelled order.

Term; Termination:
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration and/or the ordering/shopping process. These terms and conditions, or any part of them, may be terminated or modified by Implant Direct Europe AG without notice at any time, for any reason whatsoever. With regard to orders already placed at the time of termination or modification these terms and conditions remain in force unaltered. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Severability/No Waiver, Applicable Law and Jurisdiction, shall survive any termination.

Notice:
Implant Direct Europe AG may deliver notice to you by means of e-mail, a general notice on the site, or other reliable method to the address you have provided to Implant Direct Europe AG.

Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Implant Direct Europe AG or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal or civil offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer:
Implant Direct Europe AG does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Implant Direct Europe AG is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Implant Direct Europe AG reserves the right to block or remove at any time without notice communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Implant Direct Europe AG, in its sole discretion.

Indemnification:
You agree and undertake to indemnify, defend, and hold harmless Implant Direct Europe AG, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links:
In an attempt to provide increased value to our visitors, Implant Direct Europe AG may link to sites operated by third parties. However, even if the third party is affiliated with Implant Direct Europe AG, Implant Direct Europe AG has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Implant Direct Europe AG. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Implant Direct Europe AG seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Severability, No Waiver, Assignment:
In case that any provision hereof, or any part thereof, is held by a court or authority of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such pro­vision or part thereof shall be enforced to the extent possible consistent with the intention stated therein, or, if incapable of such enforcement, shall be deemed to be amen­ded as appropriate to remove the illegal or invalid provision or part but otherwise to retain the provision and other provisions hereof to the maximum extent permissible. No failure or delay of Implant Direct Europe AG to insist upon or enforce strict performance of any provision of these terms and conditions shall be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Implant Direct Europe AG may assign its rights and duties under this terms and conditions to any party at any time without notice to you.

Applicable Law:
Your use of this site, and of the materials and products on this site, shall be governed in all respects by and construed in accordance with the laws of Switzerland, at the exclusion of the Swiss Federal Act on Private International Law and the U.N. Convention on Contracts for the International Sale of Goods. Any cause of action or claim you may have with respect to this site, including but not limited to the purchase of Implant Direct Europe AG products, must be commenced within one (1) year after delivery to the purchaser of the product or after the cause of action or claim arises, and subject to the condition that the purchaser examines at once the pro­duct upon receipt and im­mediately notifies Implant Direct Europe AG in the event he assumes the existence of any defect for which warranty or liability of Implant Direct Europe AG is not excluded.

Jurisdiction:
You agree that jurisdiction over and venue in any administrative or legal proceedings directly or indirectly arising out of or relating to this site, including but not limited to the purchase of Implant Direct Europe AG products, shall be in the ordinary courts of Zurich, Switzerland, to which jurisdiction and venue you unconditionally submit.

Ordering Process (Additional Terms & Conditions)

Placing Orders:
In case of an order received by Implant Direct Europe AG after 14:30 o'clock (2:30 p.m.) MET on Mondays through Thursdays, products will be dispatched the following working day, in case of an order received in such way on Fridays products will be dispatched the following Monday. Unless expressly agreed upon otherwise between Implant Direct Europe AG and the purchaser, the options as regards the date of dispatch (next day, two days, three days) include working days only and shall not include Saturdays (or Sundays and Holidays); in case you require special dispatch conditions (such as regarding specific date of surgery, specific date of dispatch) please insert your comment into the field “comments to order” hereinafter.

With regard to particular Implant Direct Europe AG products a reduced VAT rate may apply in some countries. In such case Implant Direct Europe AG shall for the time being issue and provide you with amended invoices by e-mail.

Benefit and Risk:
The benefit and risk with regard to the object of the purchase, i.e. the Implant Direct Europe AG product ordered by use of this site, passes to you upon placing of your respective order.

Return and Replacement Policy:
You may return products to Implant Direct Europe AG within sixty (60) days from the date of delivery. In case of return Implant Direct Europe AG shall issue a credit note in your favour, however less a general stocking fee in the flat amount of Euro 50.00 per product returned. Any returning of products against cash is excluded. Demon­strably defective products or packaging shall be replaced upon your immediate notice by Implant Direct Europe AG within due course; any further rights and claims under applicable law, including but not limited to rescission or reduction of purchase price, are expressly excluded. Implant Direct Europe AG shall not be liable for or warrant any replacement of products in case of loss of implant or accidentally opened implants; you be herewith informed that loss of implant significantly results from such factors as surgical malpractice, unfavourable occlusion impact, or lack of personal hygiene.

Payment Modalities:
For orders which are not paid by credit card, the modalities of payment are defined on the final invoice to be sent out with an order. Implant Direct Europe AG reserves the right to change these modalities at any time for future orders.

Contractual Currency:
You accept that the contractual currency shall be CHF, EURO, or GBP.