TERMS OF SERVICE
1.2 COPYRIGHTS AND TRADEMARKS - The information on the Site is protected by copyright. The copyrights/trademarks in all material provided on the Site belong to Oral 3D and/or its licensors. The “Oral 3D” name and Oral 3D logo are registered trademarks. None of the foregoing may be reproduced, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form without Oral 3D’s prior written consent.
1.8 LIMITATIONS OF LIABILITY - All content and use of the Site are provided on an "as is" basis, and Oral 3D makes no warranty of any kind, and hereby disclaims all such warranties, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event will Oral 3D, its suppliers, or other third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, any websites linked to the Site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Oral 3D has been advised of the possibility of such damages. If your use of the materials, information or services from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
3.1 DEFINITIONS - In this document the following words shall have the following meanings:
“You” and the “Buyer” mean the buyer, the organisation or person who buys Goods from the Seller for professional purposes, as well as the person representing the Buyer for these purposes;
“Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
“Goods” means the articles to be supplied to the Buyer by the Seller;
“Price” means the price set out in the list of prices of the Goods maintained by the Seller as amended from time to time or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by the Seller or as may apply in accordance with these conditions;
“Seller” means Oral 3D S.r.l., IT15362641001 ("Oral 3D") located at www.oral3d.eu.
3.3 ONLINE STORE TERMS - By agreeing to these Terms of Sale, you represent that you are at least the age of majority in your state of residence. You may not use the products of Oral 3D for any illegal or unauthorized purpose nor may you, in the use of the services of Oral 3D, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms of Sale will result in an immediate termination of your account and/or access to the Site. Oral 3D reserves the right to refuse service to anyone for any reason at any time.
3.4 ORAL 3D PRODUCTS - Oral 3D is not a manufacturer of medical devices. Oral 3D provides tools and materials that may be used in many applications, but makes no claims as to the safety or effectiveness of any specific devices made using Oral 3D products. You must independently verify the suitability of the material for the application and intended purpose before using it. All descriptions of products or product pricing are subject to change at any time without notice, at its sole discretion. Oral 3D reserves the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
3.5 DESCRIPTION - Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that he/she does not in any way rely on any description when entering into the contract.
3.6 SAMPLE - Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for theirselves the quality of the bulk, and not so far as to constitute a sale by sample.
3.7 ORDERS - Oral 3D may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Oral 3D reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. Any purchase order submitted is subject to acceptance by Oral 3D. Only upon acceptance by Oral 3D by way of an order confirmation is the agreement concluded. Oral 3D reserves the right, but is not obligated, to limit the sales of its products or Service to any person, geographic region or jurisdiction. Oral 3D may exercise this right on a case-by-case basis. Oral 3D reserves the right to reject any orders in full or in part. In the event that Oral 3D makes a change to or cancels an order, Oral 3D may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
3.8 PRICES - Prices indicated on the Site are exclusive of VAT and any other taxes. You are responsible for any local sales and use taxes, and any other taxes and government levies, if any, associated with the order. Shipping and handling charges (if any) will apply in addition.
3.9 MODIFICATIONS TO THE SERVICE AND PRICES - Prices for the Oral 3D products are subject to change without notice. Oral 3D reserves the right to modify or discontinue the service (or any part or content thereof) or any product without notice at any time. Oral 3D shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
3.10 ACCURACY OF BILLING AND ACCOUNT INFORMATION - You agree to provide current, complete and accurate purchase and account information for all purchases made at the store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Oral 3D can complete your transactions and contact you if needed.
3.11 ERRORS, INACCURACIES AND OMISSIONS - Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Oral 3D reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
3.12 DELIVERY - Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer by the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such time as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for despatch whether prior to or after the delivery date the Seller reserves the right to invoice the Goods to the Buyer and charge him/her therefore.
3.13 MULTIPLE ORDERS AND RISKS - If multiple products are ordered, Oral 3D reserves the right to deliver each product separately. Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the products will pass to you at the moment the products leave the Oral 3D warehouse. If you refuse or neglect to take delivery of the products, Oral 3D reserves the right to charge you up to the full order value.
3.14 SHIPPING AND DELIVERY - Oral 3D currently ships products to the following countries: EEA countries, Brazil, and United States. Orders to other countries are subject to approval. The price of shipping is not included in the advertised price of Oral 3D products. Shipping is added based on your products, shipping choices and location during checkout. Unless otherwise specified, you are responsible for any duties, taxes, fees and/or other costs associated with shipment to your country. Upon checkout, duties and taxes may be estimated and charged. Oral 3D is not responsible for additional fees or costs nor for communicating with your local authorities to facilitate transit. Oral 3D will endeavor to deliver the product within the estimated term for delivery. Estimated delivery dates are indicated for each product in the store. Given uncertainties in shipping, product availability, and circumstances outside its control (weather etc.), Oral 3D cannot guarantee exact shipping dates. When completing an order, you should receive an e-mail confirming your order shortly after completing your transaction. If you do not receive the e-mail, please check your spam or junk folder before contacting Oral 3D. Tracking information will be emailed once the order's shipping information is generated.
3.15 EXPORT CONTROL - You shall comply with all applicable laws and regulations regarding the export of technology with respect to the Oral 3D products.
3.16 RETURNS – You can return purchased items to Oral 3D within 14 days of the date of delivery. After 14 days, Oral 3D does not accept returns. You are required to test Goods upon delivery and shall be deemed to have accepted the Goods 14 days after the delivery. Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to the Seller’s other rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by the Seller within 14 days of delivery. After acceptance you shall not be entitled to reject Goods which are not in accordance with the contract.
Before returning an item, contact Oral 3D at [email protected] to explain the reason for the return, the details of your original order, and whether you want a refund or an exchange. As appropriate, Oral 3D will issue an RMA number, which you need to include in the package for the returned item, along with a copy of the original order information. Oral 3D does not accept returned items for which an RMA has not been issued. Oral 3D will also only accept returns on items purchased directly from the Oral 3D store and not on any products sold through a reseller. The item must be unused, undamaged, complete with all parts and accessories, in the same condition you received it, and in its original packaging, free of all interests, liens, or claims otherwise. Consumables, such as resin and resin tanks, will not be accepted if packaging is opened. Pack the item according to the instructions provided by Oral 3D to prevent damage in transit. Insure the package for its value, as you will be responsible for damage in transit. Use a shipping service that allows you to track the package. You are responsible for paying all shipping and insurance costs for the return shipment. If you are seeking an exchange, you will also be responsible for all costs of shipping the new item to you. Upon receipt, Oral 3D will perform inspection of the products. Once your return is received and inspected, Oral 3D will send you an email to notify you that it has received your returned item and whether your request for refund or exchange has been approved. Oral 3D may charge a fee for missing or used accessories. If a refund is approved, a credit will automatically be applied to your credit card or original method of payment. This refund amount may take some time to show in your records, so before contacting Oral 3D, please check with your credit card company, bank, or other payment service. If an exchange is approved, Oral 3D will ship the new item to you, after payment of any applicable restocking and shipping fees.
3.17 EXCLUSIVE LIMITED WARRANTY - Oral 3D's warranty obligations for all products sold by Oral 3D are limited to the terms set forth hereafter. Oral 3D warrants Oral 3D-branded hardware products against defects in materials and workmanship under normal use for a period of one year from the date of purchase (“Warranty Period”). This warranty is not transferrable. If a defect arises and a valid claim is received within the Warranty Period, at its sole option and to the extent permitted by law, Oral 3D will either (i) repair the defect at no charge, using new or refurbished replacement parts, (ii) exchange the product with a product that is new or reconditioned by Oral 3D or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (iii) refund the purchase price of the product. Oral 3D may request that you replace defective parts with new or refurbished user-installable parts that Oral 3D provides in accordance with this warranty. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes Oral 3D's property. Parts provided by Oral 3D in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to Oral 3D unless specified otherwise. The remedies contained in this Clause are without prejudice and subject to the other Conditions herein, including, but without limitation, to conditions 3.18, 3.19 and 3.20 below.
3.18 EXCLUSIONS FROM WARRANTY – The aforementioned warranty applies only to products manufactured by or for Oral 3D that can be identified by the “Oral 3D” trademark, trade name, or logo affixed to them. The warranty does not apply to any non-Oral 3D products or to any software, even if packaged or sold with Oral 3D hardware. Manufacturers, suppliers, or publishers, other than Oral 3D, may provide their own warranties to the purchaser, but Oral 3D, in so far as permitted by law, provides the products of these third parties “as is”. Software distributed by Oral 3D with or without the Oral 3D brand name (including, but not limited to system software) is not covered under this limited warranty. Oral 3D does not warrant that the operation of the product will be uninterrupted or error-free. Oral 3D is not responsible for damage arising from failure to follow instructions relating to the product's use. Further, this warranty does not apply: a) to damage caused by use with non-Oral 3D products including third-party resins; b) to damage caused by normal wear and tear or by accident, misuse, moisture, liquids, proximity or exposure to heat, non-compliance with the instructions, neglect or misapplication, flood, fire, earthquake, or other external causes; c) to damage caused by operating the product outside the permitted or intended uses described by Oral 3D; d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Oral 3D; e) to a product or part that has been modified to alter functionality or capability without the written permission of Oral 3D including the refilling of resin cartridges even with Oral 3D resins; f) to consumable parts, unless damage has occurred due to a defect in materials or workmanship; g) to cosmetic damage, including but not limited to scratches, dents; or h) if any Oral 3D serial number has been removed or defaced.
3.19 DISCLAIMER OF WARRANTIES - Except as explicitly provided in these Terms of Sale, Oral 3D does not guarantee, represent or warrant that your use of its service or any Oral 3D product will be uninterrupted, timely, secure or error-free. Oral 3D does not warrant that the results that may be obtained from the use of the service or the product will be accurate or reliable. You agree that from time to time, Oral 3D may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. In no event shall Oral 3D be liable for any loss, death, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of Oral 3D products. To the fullest extent permitted by law, Oral 3D expressly disclaims any implied or explicit warranty of fitness for a particular usage, the particular nature and circumstances of said usage being unforeseen and unforeseeable to Oral 3D. You expressly agree that your use of, or inability to use, the service is at your sole risk. All products are (except to the extent explicitly otherwise provided in these Terms of Sale) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of this limited warranty. No warranties, whether express or implied, will apply after the expiration of the Warranty Period. No Oral 3D reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
3.20 LIMITATION OF LIABILITY - Except as provided in the warranty provision above and to the extent permitted by law, Oral 3D is not responsible for direct, indirect, special, incidental or consequential damages resulting from any breach of warranty or condition or any other reason, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with Oral 3D products and any failure to maintain the confidentiality of data stored on the product.
Where any court or arbitrator determines that any part of this Clause, Clauses 3.18 and 3.19 above are, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the Price.
3.21 OBTAINING WARRANTY SERVICE - Oral 3D may restrict warranty service outside of Europe. Oral 3D may provide warranty service by (i) servicing your printer at one of its repair service locations or (ii) by sending you new or refurbished customer-installable replacement product or parts to enable you to service or exchange your own product (“DIY Service”). Service options, parts availability, and response times may vary. Service options are subject to change at any time. Oral 3D may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
3.22 REPAIR SERVICE LOCATION - If Oral 3D opts to service your printer at one of its service locations, you will be responsible for packaging and shipping your printer to the service location requested.
3.23 DIY SERVICE - If Oral 3D opts to send you a new or refurbished replacement product or part, upon receipt of the replacement product or part, the original product or part becomes the property of Oral 3D and you agree to follow instructions, including, if required, arranging the return of original product or part to Oral 3D in a timely manner. When providing DIY Service requiring the return of the original product or part, Oral 3D may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, Oral 3D will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed, Oral 3D will charge the credit card for the authorized amount.
3.25 WAIVER - The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.
3.27 NO SET OFF - The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatsoever.
3.28 ENTIRE AGREEMENT - These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
3.29 GOVERNING LAW AND JURISDICTION - These Conditions and your relationship with Oral 3D shall be governed by Italian law, without regard to applicable conflicts of law principles. Any failure by Oral 3D to exercise any of its rights hereunder will not constitute a waiver of such right. These Conditions indicate your agreement to submit to the personal and exclusive jurisdiction and venue of the courts located at Rome, Italy, for any disputes or claims regarding these Conditions.
4.1 ACCEPTANCE - By using the Oral 3D software, you acknowledge that you have read, understood, and agree to the terms of this software license agreement (“Terms of License”). From time to time, Oral 3D may change or amend these Terms of License. Oral 3D will notify you of this, either through the user interface, in an email notification, or in some other reasonable way. If you keep using the software after the change becomes effective, you are agreeing to the changed terms.
4.2 DURATION - These Terms of License apply as of the moment you purchase, download, or install any Oral 3D software, until Oral 3D provides you with notice that you are in breach of any of the Terms of License. If Oral 3D terminates the contractual relationship, you must delete any Oral 3D software – but some of the Terms Use, such as the limitation on warranties, will remain in effect.
4.3 SOFTWARE - Oral 3D software is licensed, not sold. That means that Oral 3D owns all of the rights in the software it is allowing you to use, except for third party rights and components such as open source libraries that have their own licenses and rules. By allowing you to use it, Oral 3D is not transferring ownership to you. You may not break the software down to analyze it, modify it, use it with non-Oral 3D products, or redistribute it without prior written consent. You may not rent, lease, or copy the software to others. You may not otherwise provide the software to others, directly or indirectly for their or anyone else’s use. You may not use the software with non-Oral 3D hardware. In short, you agree to respect any and all copyrights and patents that apply to the software.
4.4 LICENSE - This license is non-exclusive and non-transferable, which means that Oral 3D is free to license the software to other customers and your right to use the software cannot be transferred to someone else or to another product. You may not provide the license to others, directly or indirectly for their or anyone else’s use. This license does not include any right to obtain future upgrades, updates or supplements to the software. If upgrades, updates or supplements to the software are obtained, however, the use of such upgrades, updates or supplements will be governed by these Terms of License. Oral 3D reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the software, unless the provision of such updates, upgrades or supplements forms an integral part of the product, as indicated by Oral 3D at the time of sale.
4.5 THIRD PARTY SOFTWARE MATERIALS - Oral 3D products may make use of third-party software codes, data, information functionality, other content and algorithms (“Third Party Materials”). The use of Third Party Materials included in the products may be subject to other terms and conditions. The copyright notices and specific license conditions of these Third Party Materials can be obtained from the relevant third party. You agree that the submission of any order implies that you have read and accepted the terms and conditions for any Third Party Materials included in the products ordered.
4.6 DISCLAIMER - Software distributed by Oral 3D is not covered under a warranty. Oral 3D software is provided to you on an “as-is” basis. That means that Oral 3D and its suppliers disclaim all express, implied, or statutory warranties for any licensed software, including merchantability, fitness for a particular purpose, title, and non-infringement. If applicable law requires any warranties for the licensed software, any such warranty is limited to 90 days from the date of purchase, download, or installation–whichever is earliest.