General terms and conditions of contract
On the one hand, Terrats Medical, S.L.U. (hereinafter, the “Seller” or “DESS”), a company of Spanish nationality, with registered office at C/ Mogoda no. 75-99 (Polígono Industrial Can Salvatella), 08210 Barberà del Vallès (Barcelona), holding Tax ID No. B-64542285, e-mail address [email protected], customer service telephone number +34 900 828 009, and owner of the website https://www.dessdental.com/en-eu/products/.
And, on the other hand, the “Customer”, whose identification data have been provided to DESS prior to acceptance of these General Terms and Conditions, being responsible for the accuracy of the data supplied for this purpose.
Both parties expressly acknowledge and agree that this contractual document shall govern the purchase and sale of the products by the Customer through the different DESS sales channels under the modality of distance contracting, as described below.
1. SCOPE OF APPLICATION
These General Terms and Conditions shall apply to any contract of sale between the parties concluded by any form of distance contracting, that is, via the Seller’s website, by telephone, or by e-mail through the communication channels of DESS Customer Service (hereinafter, “Customer Service”) indicated for such purposes by the Seller, unless otherwise agreed in writing by the parties.
Acceptance of this document implies that the purchasing Customer declares that:
- they are of legal age and have sufficient legal capacity to contract;
- they are a professional in the dental sector and act in such capacity at the time of accessing the purchase process subject to these General Terms and Conditions;
- they have read, understand and comprehend the contractual conditions detailed herein, which apply from the moment they purchase any product offered for sale;
- they accept and assume the obligations established herein.
This document may be printed, downloaded and stored by the Customer.
The Seller makes the e-mail address [email protected] available to the Customer as a contact method for any matter related to these General Terms and Conditions.
These Terms and Conditions shall remain in force for an indefinite period and shall apply to all purchases made through the above-mentioned distance contracting modalities.
The Seller reserves the right to unilaterally amend these Terms and Conditions, without such amendments affecting purchases of goods made prior to the date of amendment.
2. PURPOSE OF THE CONTRACT
The purpose of this agreement is to regulate the contractual terms and conditions of sale between the Seller and the Customer at the time when the Customer accepts the corresponding box during the online contracting process, or expresses their agreement with these General Terms and Conditions by means of express acceptance by e-mail, in cases where the Customer places the order by e-mail or by telephone.
The purchase of the products offered on the DESS website entails delivery by the Seller, and the Customer’s obligation to pay the price of the product(s) publicly displayed on the website and to use the product in accordance with the law and with these Terms and Conditions.
3. CONTRACTING PROCEDURE
The Customer may access the products offered by the Seller through the different distance contracting methods indicated above, namely:
a) By registering via the website with the creation of a Customer account, which shall in all cases be free of charge for the Customer. To this end, the Customer must provide the required personal data, which shall in all cases be deemed to have been freely and voluntarily supplied.
The Customer shall select a Customer name and an access password for their account, undertaking to use them diligently and not to make them available to third parties, as well as to notify the Seller of their loss or theft or possible access by an unauthorised third party, so that the Seller can immediately block the Customer account.
If the Customer is not already registered, registration shall be required as a prior condition in order to make a purchase. To register, the Customer must complete the data collection form, in which they must accept the Privacy Policy and the Legal Notice. Once the form has been completed, the Customer will receive a registration confirmation message at the e-mail address indicated.
Once registered in the system, the Customer may access the purchase process by entering their credentials (Customer name and password). The Customer shall be fully responsible for the use and safekeeping of the login credentials to their user area in the system.
b) The contracting procedure on the website will follow the steps below:
1. The Customer must select the desired product by clicking on it, whereupon the product page will open with dropdown menus to select certain specific features required depending on each product (platform, type, etc.).
2. To add the product to the order, the Customer must click on “Add to cart”.
3. If the Customer wishes to add more products to the order, they must return to the main product catalogue in order to select the products they wish to purchase. If, by mistake, a product has been added to the shopping cart, the Customer must click on the option to remove the product from the cart by clicking on the X provided for this purpose.
4. Once the desired product(s) have been selected, the Customer must click on the “View cart” button to continue with the order. By clicking on this option, a summary of the product(s) will be displayed, showing the unit price, quantity and total price of the order, including discounts, taxes and shipping costs, where applicable.
5. To process the order, the Customer must click on “Checkout”, at which point they will be taken to the payment process.
6. Finally, once the payment process has been completed, the Customer will receive an order confirmation at the e-mail address provided, containing the following information: summary of the order placed, Customer details, payment method used, estimated delivery time and order reference number.
c) In those cases where the Customer places an order by telephone or by e-mail through the DESS contact channels, they must likewise provide their identification data for registration as a Customer by the Seller in order to process the commercial relationship between the parties. Likewise, at the time of purchase, they must provide all data and information available on the DESS website regarding the desired product(s), so that the order can be processed, as well as any additional information requested in order to complete the order. Once the order is complete, the Customer will be provided with an e-mail link to the available payment methods together with the full text of these General Terms and Conditions.
To confirm the order, the Customer must make the payment and expressly accept these Terms and Conditions by means of an unequivocal message to that effect.
If there is any type of error in the address provided or in any other order data, the Customer must notify the Seller by e-mail sent to [email protected] within 24 hours of receiving the order confirmation, so that the error can be corrected. The Seller shall not be held liable if the error is not reported or is not reported within the period indicated for correction.
If DESS has a designated distributor for the online sale of its products in the territory, country or region in which the delivery address of the purchased product(s) is located, the Customer may choose the desired sales channel for their purchase, provided that the purchase has been initiated on the Seller’s website: either DESS or the distributor corresponding to the territory. If the Customer chooses the distributor, they will be redirected to the distributor’s own website to continue the purchasing process, to which these General Terms and Conditions will not apply, as the seller in that case will be the distributor itself.
4. SHIPPING OF ORDERS AND DELIVERY TIMES
Orders will be shipped through the transport company chosen by the Seller.
Shipping costs shall be borne by the Customer and will be included in the breakdown of the final purchase price. The applicable shipping costs are set out in Annex I at the end of these General Terms and Conditions.
Delivery of orders will be made to the delivery address designated by the Customer. The Seller accepts no liability if delivery of the product cannot be made as a result of the falsity or inaccuracy of the data provided by the Customer, or where delivery cannot be made for reasons beyond the control of the transport company.
The Seller will use all reasonable means at its disposal to ensure that the order is delivered within the time indicated at the time of order confirmation.
The delivery time will be between 24 and 48 hours, depending on product availability, destination, time of order processing and the payment method chosen. In the case of products that are not available at the time of purchase, DESS Customer Service may provide estimated information on their availability.
If several products are ordered in a single order, they may have different availability dates, in which case the Customer may receive them on different dates.
When the order is handed over to the carrier, the Customer will receive shipment confirmation at the e-mail address provided when placing the order. The shipment confirmation will include a tracking number so that the Customer can monitor the shipment via the carrier’s website in the case of shipments outside Spain and Portugal. For shipments to the Iberian Peninsula, the Customer may check the status of the shipment by contacting Customer Service.
5. PRODUCT PRICES
The prices of products shown on the website do not include taxes or shipping costs. These will be added at the time of processing the order, with the resulting total amount payable by the Customer.
All prices shown on the website are valid and are expressed in Euro (€).
In accordance with Article 68 of Spanish Law 37/1992, of 28 December, on Value Added Tax, delivery of the products shall be deemed to take place within the territory where VAT is applicable if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla.
The applicable VAT rate shall be the rate in force at any given time, depending on the specific product purchased.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to Article 21 of the aforementioned Law, without prejudice to the application of the relevant taxes and customs duties in accordance with the regulations in force in each of these territories.
The Customer will receive the invoice for the order at the e-mail address provided during the Customer registration process, irrespective of the distance contracting method used.
The prices applicable to each product shall be those published on the website and will be automatically applied by the contracting process in the final phase thereof.
In the case of time-limited promotions, the promotional discount will be applied provided that the order has been registered during the promotion period.
6. PAYMENT METHODS AND INVOICING
The payment methods accepted by DESS, regardless of the country from which the purchase is made, are:
- Credit or debit card
- PayPal
- Amazon Pay
- Apple Pay
- Bank Transfer
In addition, the following additional payment methods are available in the indicated countries:
- Portugal: MultiBanco
- Germany: Klarna and NET30
- Austria: Klarna
- The Netherlands: iDEAL
- Belgium: Bancontact
- Denmark and Finland: MobilePay
Any payment made to the Seller will result in the issuance of an invoice in the Customer’s name, which will be drawn up with the data provided (company name / full name; Tax ID; registered address).
The invoice will be automatically sent to the e-mail address provided by the Customer and will also be sent together with the purchased product.
7. RETURNS POLICY
This returns policy applies exclusively to purchases made directly through the website of Terrats Medical, S.L.U., www.dess.com, for those customers who do not select the DESS product distributor channel during the purchase process, as well as for customers who place their orders by e-mail or by telephone through the DESS Customer Service communication channels provided in these General Terms and Conditions.
If you have purchased DESS products through one of our authorised distributors, you must contact the distributor directly, who will be responsible for managing or authorising any return.
The returns process will begin with the Customer’s request by sending the returns form, which will be validated by DESS Customer Service for the processing of the requested return, if so determined. Under no circumstances will product returns be accepted unless preceded by submission of the request form provided for this purpose.
Conditions applicable to the right of return:
The Customer may request the return of the product in the cases mentioned in the following section, and may choose between a refund of the price or replacement with the correct product.
- If opting for a refund, the price will be reimbursed within a maximum period of 30 days from receipt of the product, once the product has been validated by our quality department.
- If opting for replacement with the correct product, shipment will be made within 48 hours from the date of validation of the defective or incorrect product by our quality department.
The Customer must return the product with all the elements with which it was delivered, without any damage or marks of any kind that indicate improper use, except for the damage or defects forming the basis of the alleged defect for the return.
Cases in which the right of return may be exercised:
1. If the product delivered is defective or in poor condition: DESS will arrange collection, verify the defect alleged by the Customer and process replacement of the product or refund of the price, as chosen by the Customer.
2. If the product delivered is incorrect, either because it does not match the reference indicated in the order or because it is delivered in a quantity different from that indicated in the order: the Customer must provide the original order so that it can be verified by DESS Customer Service, who will process replacement of the product or refund of the price, as chosen by the Customer.
For any other case not expressly provided for in this policy, please contact DESS Customer Service through the channels indicated in these General Terms and Conditions.
DESS reserves the right to inspect returned products and to reject the requested return if any circumstance is detected indicating improper use or tampering with the product or its packaging by the Customer.
DESS also reserves the right to offset any amount payable to the Customer or any of the companies forming part of the same group as the Customer as a result of the product return request, against any amount owed by the Customer under invoice(s) that are due, payable and enforceable.
DESS Customer Service contact details:
- E-mail: [email protected]
- Telephone Spain: 900 828 009
- International telephone: +34 93 719 8995
8. PRODUCT WARRANTY
8.1 Warranty for implants
Duration: Lifetime warranty.
DESS undertakes to replace dental implants in the event of manufacturing defects or clinical failure, provided that the instructions for use and good clinical practice have been followed.
If the implant fails after osseointegration, DESS will bear the cost of replacing the implant at no additional charge.
DESS covers implants of other brands used in combination with DESS abutments, even if the original implant manufacturer does not cover the failure.
Limitations:
- Costs associated with clinical or laboratory treatment are not covered.
- Failures resulting from medical conditions such as alcoholism, uncontrolled diabetes, smoking, osteoporosis or corticosteroid treatments are excluded.
- Failures due to medical negligence or misuse of the products are not covered.
- Implants for which non-authorised tools have been used during the surgical procedure, contrary to the protocol indicated in the instructions for use, or tools showing excessive wear or used beyond the number of times indicated in the instructions for use, or tools which do not meet the relevant health permits and certifications, shall not be covered.
- The above coverage shall be void if any of the components used during the surgical or prosthetic procedure do not have the necessary medical approvals and permits.
- The coverage shall be void if the prosthetic restoration has been carried out by a dental laboratory or workshop without the mandatory permits for such activity.
If the product to be replaced has been discontinued, DESS reserves the right either to replace it with an equivalent product or to reimburse the sale price of that product.
8.2 Warranty for abutments (pillars and prosthetic components)
Duration: Lifetime warranty.
DESS guarantees the free replacement of DESS brand abutments and prosthetic components in the event of material failure or manufacturing defects, provided that they have been used in accordance with the instructions for use and in combination with implants of the DESS brand or other brands.
Limitations:
- The warranty does not cover customised or provisional prosthetic components.
- Provisional components are limited to a warranty period of one (1) year.
- The warranty is void if non-compatible third-party components or products are used or if appropriate clinical guidelines are not followed.
- The warranty is void if the implants used in combination with DESS abutments do not meet the applicable legal and health requirements.
8.3 Surgical instruments and drills
Duration:
- One (1) year for surgical instruments (screwdrivers, sinus lifters, dilators).
- Ninety (90) days for surgical drills, which must be replaced after 20 osteotomies.
DESS guarantees the free replacement of surgical tools if they show manufacturing defects or failures within the established periods.
Limitations:
- Normal wear and tear of surgical instruments is not covered.
- Misuse or lack of proper maintenance of the instruments voids the warranty.
9. DISCLAIMERS AND EXCLUSIONS (WARRANTY)
- Excluded medical conditions: The warranty does not cover product failures in patients with uncontrolled medical conditions such as diabetes, bruxism, alcoholism, smoking or bone diseases (osteoporosis).
- Failures due to accident or negligence: Any damage caused by accident, trauma or misuse of the products is not covered.
- Claims must be submitted within 30 days of discovery of the failure. Products must be returned in a sterilised state for evaluation.
10. AFTER-SALES SERVICES
In the event of a defective product, the Seller shall proceed to replace it, reduce the price or refund the price, as appropriate, at no cost to the Customer, once the veracity of the defect alleged by the Customer has been verified.
11. LIMITATION OF LIABILITY OF DESS
Prices are determined on the basis of the maximum legal liability limitation of the Seller. Unless expressly agreed otherwise, the Seller’s liability shall never exceed the value of the products concerned at the time of sale.
The Seller shall be released from any liability above this maximum amount, even if the damage has been caused by non-fulfilment of its obligations, except in cases of fraud or negligence on the part of the Seller.
12. NULLITY AND INEFFECTIVENESS OF THESE GENERAL TERMS AND CONDITIONS
If any clause included in these General Terms and Conditions is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall affect only that provision or the part thereof that is null or ineffective, and the General Terms and Conditions shall remain in force in all other respects, with such provision, or the affected part thereof, being deemed not to have been included.
13. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions shall be governed by and construed in accordance with Spanish law.
The parties agree to submit any dispute that may arise from the application, performance and/or interpretation of the sale of the products governed by these Terms and Conditions to the Courts and Tribunals of the Seller’s domicile.
14. CONFIDENTIALITY AND DATA PROTECTION
If performance of this Contract involves the need to access personal data as data processors, the Seller shall be subject to compliance with Organic Law 3/2018, of 5 December, on Personal Data Protection and Guarantee of Digital Rights.
In compliance with Organic Law 3/2018, of 5 December, on Personal Data Protection and Guarantee of Digital Rights, and Royal Decree-Law 5/2018, of 27 July, the personal data provided by the Customer will form part of the Seller’s customer file, the purposes of which are the maintenance of the contractual relationship, control and management of sales and related collections. The Seller will process such data with the utmost confidentiality and undertakes not to use them for purposes other than those for which they were collected, as well as to keep them with the appropriate measures to ensure their security and prevent alteration, loss, processing or unauthorised access.
The Seller undertakes to maintain professional secrecy regarding the aforementioned personal data, even after the contractual relationship has ended.
The Customer authorises the Seller to retain their data for a period of five years after the contractual service has been completed.
The Customer may exercise the rights of access, rectification, cancellation and opposition by sending a written communication for the attention of the DESS Data Protection Officer to the following e-mail address: [email protected].
15. COMPLIANCE
The parties acknowledge and accept that, in line with the established culture of regulatory compliance prevailing at DESS, the organisation has implemented and effectively operates a Crime Prevention Model that ensures the transparency and lawfulness of its activity and prevents, detects and penalises those criminal risks that may arise internally and harm its image and activity.
To this end, DESS requires a high ethical standard and a firm commitment to observe its Code of Ethics, which is available on the DESS website, as well as the rest of the applicable preventive internal policies.
DESS also has a whistleblowing channel so that all its employees, stakeholders, customers and suppliers can report or communicate, anonymously or confidentially, any irregularity they detect in the performance of their duties, as well as any queries or doubts relating to the interpretation of the Code of Ethics and the rest of DESS Policies or Protocols.
The Customer declares that they are aware of, accept, comply with and will ensure compliance at all times with the obligations arising from this clause.
This clause constitutes an essential and determining condition of this Contract. Breach of the obligation contained in this clause shall entitle DESS to immediately terminate this Contract, without any right to compensation in favour of the other party and without prejudice to any damages that DESS may claim from such party.
16. ANTI-CORRUPTION
DESS undertakes to comply with all applicable economic sanctions, including those imposed by the European Union, the United Kingdom, the United Nations and the United States (“Sanctions”).
In relation to its activities under the Agreement, the Customer confirms that it has not engaged and will not knowingly engage, directly or indirectly:
1. in any business or transaction involving parties (1) that are subject to Sanctions; or (2) located, organised or ordinarily resident in jurisdictions subject to comprehensive Sanctions (as at the date of publication of this document: Cuba, Iran, North Korea, Syria, Crimea and the so-called People’s Republics of Donetsk and Lugansk); or
2. in any other activity that could result in either party breaching Sanctions.
The parties warrant that none of them, nor any third party acting on behalf of either party, has received, requested, accepted, offered, promised or provided, and will not offer, promise or provide any item of value or consideration, directly or indirectly, to any person for the purpose of:
- obtaining an unjustified benefit or advantage of any kind that favours them or a third party over others, in breach of their obligations regarding the acquisition or disposal of goods, the contracting of services or commercial relations between private parties,
- influencing any act or decision of an official or public authority in their capacity to act,
- inducing any official or authority to perform or omit any act in relation to their legal duty, or
- inducing any official or authority to influence or affect any act or decision of any Public Entity, in order to obtain or retain business or any other undue advantage, or with the intention of influencing or rewarding that person for acting in breach of an expectation of good faith, impartiality or trust, or which would otherwise be unlawful to accept.
A Public Entity includes any government (foreign or domestic, including regional or local government) or any agency or department, including any entity or company owned or controlled by the government, or a public organisation.
No official or public authority of a Public Entity, person holding legislative, administrative or judicial office, member of a political party or political candidate, or any close family member of such official or public authority, has or may have a beneficial economic interest in the arrangements contemplated in this document or in the main Agreement.
None of the parties, nor any person associated with them, is:
- a person whose name appears on the list of Specially Designated Nationals and Blocked Persons published by the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC), or who has otherwise been subject to economic sanctions or administrative embargoes by the United States, the United Kingdom, the European Union or the United Nations,
- a member of the government of a country subject to severe sanctions, including Cuba, Iran, North Korea, North Sudan and Syria, or
- a member of, controlled by, or acting directly or indirectly on behalf of any person or country blocked as referred to in the preceding point.
ANNEX I – SHIPPING COSTS
| Country | Shipping cost |
|---|---|
| Germany | €12.50 |
| Austria | Free shipping |
| Belgium | Free shipping |
| Bulgaria | Free shipping |
| Cyprus | Free shipping |
| Croatia | Free shipping |
| Denmark | Free shipping |
| Slovakia | Free shipping |
| Slovenia | Free shipping |
| Spain | €7.90; Balearic Islands: €12.90 – Canary Islands: €17.50 |
| Estonia | Free shipping |
| Finland | Free shipping |
| France | €7.90 |
| Greece | Free shipping |
| Hungary | Free shipping |
| Ireland | Free shipping |
| Italy | Free shipping |
| Latvia | Free shipping |
| Lithuania | Free shipping |
| Luxembourg | Free shipping |
| Netherlands | Free shipping |
| Poland | Free shipping |
| Portugal | €7.90 |
| United Kingdom | Free shipping |
| Czech Republic | Free shipping |
| Romania | Free shipping |
| Sweden | Free shipping |
| Switzerland | Free shipping |
| Rest of Europe | €18 |
| Saudi Arabia | Free shipping |
| Rest of non-European countries | €18 |