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These Purchase Terms and Conditions (hereinafter “T&C”) will govern the purchase of goods or services relating to DSD’s Planning Center through DSD’s website www.digitalsmiledesign.com (hereinafter the “Website”). This T&C will prevail over any quote, order, invoice, or other communication. If a formal written agreement beyond these terms and conditions (such as a Supply Agreement) is entered into between the parties, then such agreement will prevail.
Medical Disclaimer
All information contained on this Website, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation, or advice of an orthodontist, dentist, or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites are for informational purposes only and are not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor/patient relationship and is intended solely for healthcare professionals.
1. DEFINITIONS AND INTERPRETATION:
1.1. Definitions: The following definitions apply unless the context requires otherwise:
“Advance Payment Product” means those Products that are paid at the end of the Purchase Phase; all offers shall be understood as Advance Payment Products unless otherwise specified.
“Credit Product” means those Products that are paid only when the execution of the Product is finished and/or the Period of Use Phase is expired, whichever occurs first.
“Client” means the party named on the Proof of Purchase (or such other person or organization as may be substituted therefore with the written consent of DSD). The Client must be at any time a healthcare professional and/or Clinic and where the context so requires shall include any employee, representative, agent, or contractor acting on the Client’s behalf.
“Deliverables” means all documents, products, and materials developed by DSD as part of or in relation to the Services in any form or media, including without limitation drawings, maps, plans, diagrams, designs, pictures, computer programs, data, specifications, and reports (including drafts).
“DSD” means the company with which the corresponding transaction is celebrated: DSD Planning Center SL - Calle Enrique Granados 6, Edificio B, Planta 2 (4, 5, 6). 28224. Pozuelo de Alarcón. Madrid. Spain, or any of its affiliates and/or partner companies (in each case, severally, “DSD”).
“Intellectual Property Rights” or “IP” means the patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Invoice” means the legal document issued by a DSD as a seller to the Client as a buyer, relating to a sale transaction and indicating the Products, quantities, and agreed-upon prices for products or services the DSD had provided the Client.
“Official Communication Channels” means communications sent to the address contact@digitalsmiledesign.com and/or through the Website, and/or any other regular communication channel established between the Parties,
“Patient” means the Patient from the Client consult.
“Product(s)” means the Planning Center Products purchased through the Website, including all the deliverables linked to such Products.
“Regular Product” means a Product that could be activated and used at any time, since its use is not conditioned to the performance/execution of previous Product(s).
“Treatment Plan Product” means a Product bought and assigned to a Patient as part of a Patient’s treatment plan, which users will be conditioned to the performance/execution of other Product(s) beforehand.
“Product Activation” means the process that needs to be performed in order to start using the Product, and consists of the assignment of the Product to a Patient.
“Product Specification”: any specification for the Products, including any related plans and drawings, that is agreed in writing by the Client and DSD.
“Proof of Purchase “ or “PoP” means a written confirmation sent by any means, including any digital media and email, through which DSD informs the description of the purchased Products and/or Services, and describes the details of the transaction. PoP is not an Invoice;
“Purchase Order” or “P.O.” means the Client’s order for the supply of Products and/or Services, as set out in the Customer's when purchasing a Product through the Website.
“Purchase Terms and Conditions” or “T&C” means these purchase terms and conditions, including the Privacy Policy;
“Qualified Account” means the Client that has fulfilled the requirements to access PC products Purchase, which include but are not limited to being a dental Clinic and/or a healthcare professional that has gone through the educational path defined by DSD.
“Website” means www.digitalsmiledesign.com
1.2. Interpretation:
A. Headings are for convenience only and do not affect interpretation.
B. The singular includes the plural and conversely.
C. Where there are two or more parties named as the Customer, a reference to a right or obligation of the Customer confers that right, or imposes that obligation, as the case may be, jointly and severally.
1.3 Client’s Acceptance and Consent to DSD’s T&C:
By using or visiting www.digitalsmiledesign.com, and/or purchasing Products in any manner from DSD, the Client expressly agrees to be legally bound and abide by these T&C, as well as all applicable laws, ordinances, and regulations.
The relationship between DSD and the Client is one of mutual respect. For DSD to be able to ensure the delivery of quality and effective services, Parties will need to work collaboratively and constructively and in a spirit of goodwill, while acknowledging the requirement for accountable, responsible, and effective handling of each one's duties. DSD reserves the right to refuse Service access in case this mutual respect is not granted, following the process described in Section 14.8.
2. PRODUCTS.
2.1 Products on this Website are provided on the basis of payment. Prices, descriptions, and/or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.
2.2 While Products on this Website are presented with the greatest accuracy technically possible, representation through photos, images, colors, sounds, or any other means is for reference only and implies no warranty as to the characteristics of the purchased Product.
2.3 Client is aware and explicitly accepts that digital simulations and Products are developed based on the highest accuracy; however, as patient biology is unpredictable some variables outside of DSD’s control might affect the final result, which might differ from any simulation, plan, or estimate made beforehand.
2.4 All Products and Services DSD provides, are developed following the Client's instructions, knowledge, and experience. DSD might suggest and guide the Client all along the process, but the final medical decision is going to be Client’s one. Therefore, before the Patient, the Client is holding the exclusive responsibility for any medical liability linked to the treatment path selected.
2.5 The characteristics of the chosen Product will be outlined during the purchasing process.
2.6 The decision to discontinue any Product, product line, or business segment shall be at DSD’s sole discretion and shall not constitute a breach. DSD may discontinue a Product, product line, or business at its absolute discretion.
3. DSD PRODUCT’s LIFECYCLE MANAGEMENT
DSD Product’s Lifecycle Management involves the following Phases: (3.1) Quotation Phase; (3.2) Purchase Phase; (3.3) Use Phase; (3.4) Expiration of the Use Phase; (3.5) Extended Use Phase /Credit Use Phase (if applicable)
3.1 QUOTATION PHASE.
Common phase for Credit Products and Advance Payment Products.
3.1.1 Quotation Price: The Price published on the website will be understood as the Price for Quotation (“Quotation Price”).
3.1.2 Quotation Price Validity: The Quotation Price will be valid for the term indicated on the Web; If no validity is indicated, it will be understood that the Quotation Price may be updated at any time during the Quotation Phase until the Purchase process has been completed.
3.2 PURCHASE PHASE.
The Purchase Phase will vary depending on whether the Client wants to buy a Credit Product (3.2.1) or an Advance Payment Product (3.2.2)
3.2.1 Credit Product Purchase:
Credit Purchase Process: The Credit Purchase process will include the following steps: (i) Patient Creation (if applicable), (ii) linking the Product to the new and/or existing Patient, (iii) uploading files (if the product requires it) and, (iv) click the Send to Planning Center button, or its equivalent button. (“Credit Purchase Process”)
Definitive Credit Price: The Definitive Credit Price will only be granted when all the steps of the Credit Purchase Process are completed(“Definitive Credit Price”)
Proof of Purchase: Once all the steps of the Credit Purchase Process have been completed, a Proof of Purchase (PoP) will be generated for the Client. This document will formalize the Quotation Price and turn it into the Definitive Credit Price.
Credit Products in Quotation Phase: The Credit Products that do not comply with steps (ii) and (iii) of the Credit Purchase Process, will be understood as being in the Quotation phase and their price will be an estimated until all the steps of the Credit Purchase Process are completed.
After fifteen (15) days, the Credit Products that remain in the Quotation Phase could be automatically eliminated. If this happens, the Client must start the Quotation Phase and Credit Product Purchase Phase again.
3.2.2 Advance Payment Purchase
The Advance Payment Purchase Process: The Advance Payment Purchase Process will include the following steps: (i) individual Product/ Offer selection and inclusion in the shopping basket; (ii) payment through the platform. (“Advance Payment Purchase Process")
Definitive Advance Payment Price: The definitive Advance Payment Purchase Price will only be granted when all steps of the Advance Payment Purchase Process are completed.
Proof of Purchase: Once all the steps of the Advance Payment Purchase Process have been completed, a Proof of Purchase (PoP) will be generated for the Client. This document will formalize the Quotation Price and turn it into the Definitive Advance Payment Price.
Advance Payment Products in Quotation Phase: The Products that do not comply with steps (i) and (ii) of the Advance Payment Purchase Process, will be understood as being in the Quotation phase and their price will be an estimated until all the steps of the Advance Payment Purchase Process are completed.
After fifteen (15) days, the Credit Products that remain in the Quotation Phase could be automatically eliminated. If this happens, the Client must start the Quotation Phase and Advanced Payment Purchase Process again.
Send to Planning Center Process: Once the Advances Payment Purchase Process is finished, the Client will have the Advance Payment Product available for its linking to the Patient and subsequent execution.
In order to enjoy the Advance Payment Product, the Client must follow these steps: (i) Patient Creation (if applicable) (ii) linking the Product to the new and/or existing Patient, (iii) uploading files (if the product requires it) and, (iv) click the Send to Planning Center button. (Send to “Planning Center”)
Note 1: DSD cannot be held responsible for errors due to inaccuracies or incompleteness in the execution of the Purchase by the Client, nor for any damages or delays related to such inaccuracies.
Note 2. Price is displayed either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the specific information shown within the section the Client is browsing. Prices might be adjusted from time to time and/or on a yearly basis at DSD’s discretion.
Note 3: Trade Discounts. If the Client is entitled to a Trade Discount, such Discount will be applied to the Product Price at the moment of the Purchase either by a Coupon code provided by DSD and/or by applying a special commercial condition directly in the Client’s profile and/or by any other valid mean. A trade discount is a percentage or amount taken off of the listed Product Price or the invoice total.
3.3 USE PHASE.
Common phase for Credit Products and Advanced Payment Products.
3.3.1 Use Period. Once the PoP has been generated, the Client will have a time-defined by-product to use it. This time will be defined on the Web, and if it is not established, it will be 1 year for Primary Products and 2 years for Secondary Products. (“Use Period”)
3.3.2 The Product must be terminated during the Use Period; the invoicing of the Product will be generated automatically at the time of the Use Period completion.
3.3.3 In the event that the Product has not been completed during the Use Period, it will be treated as indicated in Section 3.4.
3.4. EXPIRATION OF THE USE PHASE.
The Expiration of the Use Phase will vary depending on whether it is a Credit Product (3.4.1) or an Advanced Payment Product (3.4.2)
3.4.1 Credit Products
In the event that the Credit Product has not been completed during the Use Period, at the expiration of the said period depending on the Stage in which the Credit Product is, the following process will apply:
Stage Files Evaluation: If at the end of the Use Period the Credit Product is in the “Files Evaluation Stage”, it will be considered an unused Product and will be automatically deleted from the Patient; consequently PoP will be also deleted.
In the event that the Client requires to continue with the execution of the treatment plan using that Credit Product, the Client will need to start the Quotation and Credit Purchase Process again.
Stage Work in Progress. If at the end of the Use Period the Credit Product is in the "Work in Progress Stage”, it will be considered a used Product and, therefore, it will be invoiced. The Invoice will be generated according to the parameters established in the PoP.
Once Invoiced, the Client will have the possibility of finalizing said Credit Product within the term agreed between the Parties.
3.4.2 Advanced Payment Products:
In the event that the Advanced Payment Product has not been completed during the Use Period, at the expiration of the said period, and depending on the execution status of the Advanced Payment Product, the following process will apply:
1. Product not assigned to Patient: If at the end of the Use Period the Advance Payment Product has not been assigned to a Patient, it will be considered as an unused Product; DSD will proceed to eliminate the unused Product and will generate a Credit in favor of the Client for the value reflected in the PoP as defined in Section 3.5.
In the event that the Client requires to continue with the execution of the treatment plan using that Credit Product, the Client will need to start the Quotation and Advance Payment Purchase Process again. For this, the Client may use the Credit generated in accordance with Section 3.5.
2. Stage Files Evaluation: If at the end of the Use Period Advance Payment Product is in the “Files Evaluation Stage”, it will be understood as an unused Product; DSD will proceed to eliminate the unused Product and will generate a Credit in favor of the Client for the value reflected in the PoP as defined in Section 3.5.
In the event that the Client requires to continue with the execution of the treatment plan using that Credit Product, the Client will need to start the Quotation and Advance Payment Purchase Process again. For this, the Client may use the Credit generated in accordance with Section 3.5.
Stage Work in Progress. If the Advanced Payment Product is in the "Work in Progress Stage” at the end of the Use Period, it will be considered a used Product and DSD will invoice it automatically.
The Invoice will be generated according to the parameters established in the PoP.
Once Invoiced, the Client will have the possibility of finalizing said Product within the term agreed between the Parties.
3.5. EXTENDED USE PHASE /CREDIT USE PHASE.
In the event that the Client is entitled to a Credit in accordance with the scenarios described in this T&C ("Credit"), the following conditions will apply:
3.5.1 Credit Use Period: The Client may use the Credit for one (1) year from the Credit Generation (“Credit Use Period”).
3.5.2 Credit Use Conditions:
For the avoidance of doubt, Credit will only be generated for Clients who have actually paid for the Product.
The Credit will not be exchangeable for securities or cash.
The Credit may be used on any of the Planning Center Products.
For the avoidance of doubt, the Product Price applicable when using a Credit will be the one shown on the Website at the time of the Credit Use.
3.5.3 The Credit Use Period Expiration: If after the Credit Use Period expiration it has not been used and/or has been just partially used unless agreed otherwise, the Credit balance will be reimbursed to the Client after making a deduction of 30%. corresponding to:
15% administrative expenses; and
15% DSD staff availability expenses during the Use Period and Credit Use period.
The refund, if applicable, will be made in the currency displayed on the Website, regardless of the currency of the Customer's payment method.
3.6. LOSS OF PLANNING CENTER ACCESS.
3.6.1 In the event that a Client for any reason loses access to the Planning Center and is in the middle of Product execution( “Access Loss”), it will be understood as if the Use Period of such Product has expired, and consequently. conditions mentioned in section 3.4 will apply.
3.6.2 If according to Section 3.4, the Client is a candidate for a Credit, said Credit could only be used to purchase Products for Patients that were already created at the moment of the Access Loss.
3.6.3 Client will not be able to create new Patients.
3.6.4 To carry out the purchase process, advice from Customer Support will be required.
4. PAYMENT.
Unless otherwise agreed upon, the following payment conditions apply:
4.1 Advance Payment Product.
By completing the Advanced Payment Purchase Phase the Client authorizes DSD to charge the selected method of payment for the total amount of each purchase. Information related to accepted payment methods is made available during the purchasing process.
All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been completed. Some payment methods may only be available subject to additional conditions or fees.
If the Client authorizes the payment gateway feature (such as PayPal) which allows future purchases, this Website will store an identification code linked to the Clients’ Gateway’ account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases. This authorization can be revoked at any time, either by contacting DSD or by changing the Client settings offered by the gateway.
If full payment is not completed within the due date, that order will be canceled. If payment through the available methods fails or is refused by the payment service provider, DSD shall be under no obligation to fulfill the Services, and/or deliver the Product/Service, and or maintain the conditions of the PoP.
Any possible costs or fees resulting from the failed or refused payment shall be borne by the Client.
4.2 Credit Product
By completing the Credit Purchase Phase, the Client compromises to pay according to conditions negotiated with DSD when the invoice is submitted.
All invoices are payable in total, for the amount invoiced including the taxes stated on each invoice (VAT). No withholding for tax or administrative reasons nor discount for early payment will be accepted. DSD will endeavor to provide the Purchaser with tax documents if needed and on request.
If the Product was already delivered, and the Client has not honored the payment commitment, DSD will have the right to legally request the outstanding amount. Until payment of the total purchase price is received by the DSD any Products ordered shall not become the Client’s property.
Any possible costs or fees resulting from the failed or refused payment shall be borne by the Client.
Any payment described in this Clause shall not bear interest until a date which is five (5) business days after the Invoice payment date. From that date on the Payment shall bear interest until the date paid in full at a monthly interest rate equal to one (1) percent. (%).
4.3 The failure of DSD to enforce all or any portion of the payment shall not constitute a waiver of such payment. Therefore, if for any reason (a human mistake, technical failure, etc) payment is not automatically collected, such circumstance does not mean that DSD is renouncing Debt collection in the future, nor that DSD is waiving the debt. Under this circumstance, Parties might agree on how to perform the payments generated agreeing on different payment facilities, if needed
5. SERVICE DELIVERY.
5.1 Service Execution
5.1.1 Service execution times are subject to special circumstances such as (i) Client status (Clinics/KOL vs regular clients) (ii) DSD capacity, (ii) case evaluation process, and (iii) case complexity. As a reference, DSD estimated execution timeframe for each Product might oscillate between 2 and 5 working days. Reference times do not consider the shipping process.
Once the Product has been purchased and activated, and the case information has been analyzed by the DSD team, DSD will be able to provide the Client with a more accurate execution time frame. Please do not arrange any appointment and/or surgery with your Patient, before that estimation is shared. DSD will not be held responsible for any inconvenience caused in that regard. For more detailed information about the Product execution timeframe please contact us.
5.1.2 In case the Product requires active input from the Client, such as the provision of Patient information or data, specifications, or special conditions, the order submission creates an obligation for the Client to cooperate accordingly.
In the event the performance of Services or the preparation thereof requires to use or process any Personal Data, the Client is obliged to obtain the Data Subject permission according to Section 9, and DSD commits to use such personal data only for the Services provided hereunder and in compliance with applicable data protection laws.
DSD will not be held responsible for any failure in the product delivery linked to inaccuracies in the information provided by the Client, nor for any responsibility linked to GDPR in case, the Client does not comply with Section 9.
5.1.3 . Acceptance: Final Product shall be accepted by the Client explicitly (i) 3 working days upon final Product delivery for virtual products or (ii) 7 working days for lab products. If DSD has not received such notice from the Client after the mentioned frame (or such longer period as the Parties mutually agree), the Client shall be deemed to have accepted such Product, by (i) the mere use of the Product without any comments and/or complaints, (ii) and/or payment of the invoices, and/or (iii) the request of new Products and/or services from DSD without mentioning any lack of conformity regarding previous Products.
5.2 Lab Delivery.
In case the Product involves any DSD lab manufactured product that has to be delivered to the Client’s address, the following conditions will apply:
5.2.1 Unless otherwise agreed in writing by the Parties, Products will be delivered DDP. destination. Pricing does not include taxes or storage fees. Freight will be paid by DSD. Title and risk of loss for Products shall transfer to Client once Product is unloaded from the vehicle at the named place of destination.
5.2.2 DSD will provide a record of delivery including tracking number, Products, and description. Deliveries are made to the address indicated by the Client and in the manner specified in the Proof of Purchase.
5.2.3 Goods are delivered to the countries or territories specified in the relevant section of this Website. DSD reserves the right to deliver to certain territories and/or to charge extra costs for delivery to certain countries. Please contact us before ordering any lab-manufactured product, so we can assist you better.
5.2.4 Delivery times will vary depending on the Client’s location.
5.2.5 Client shall inspect received Products within 5 business days of receipt and shall verify the count and quality of delivery and shall advise DSD in writing of any count discrepancies or quality problems or report the lack of delivery if that's the case. During the seasonal period (summer, December, etc), times might be changed by DSD.
5.2.5 If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to DSD who will contact the Client to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any delivery attempt starting from the second shall be at the Client’s expense.
5.2.6 DSD is not responsible for delays in the delivery linked to Force Major events, and/or restrictions from customs and/or administrative limitations.
6. CANCELLATIONS, REFUNDS & EXCHANGES:
As a general rule and unless explicitly agreed between the parties and/or stated otherwise in these T&C, DSD Products are non-cancellable and non-refundable. Exceptions to the general rule are regulated in sections 6.1, 6.2, and 6.3.
6.1 Cancellations
6.1.1 Right of Withdrawal. Unless exceptions apply, the Client may be eligible to withdraw from the contract within 14 calendar days after the day of the purchase date, for any reason and without justification. In any case, withdrawal rights will be accepted BEFORE any work has been initiated, considering the following process:
The Client must communicate to DSD through the Official Communication Channels, an unequivocal statement of his/her intention to withdraw, within 14 calendar days after the Purchase and before the Patient Activation.
If Patient Activation already occurred, only option 6.1.2 might apply at DSD’s sole discretion.
The client who correctly withdraws from a contract will be reimbursed by DSD for all payments made deducting any transfer costs (if applicable), within the 30 calendar days after the withdrawal notification.
6.1.2 Other Cancellations: Apart from Section 6.1.1, at DSD’s discretion and upon written request, DSD may authorize the cancellation of a specific Product BEFORE any work has been initiated and in a maximum of 60 days after the purchase, following this process:
The Client will need to communicate through the Official Communication Channels, explaining in detail the reason for such request.
DSD will each case and respond within a reasonable period from notification.
Reimbursed by DSD for all payments made deducting any transfer costs (if applicable) and an administrative fee of 15%, within the 30 calendar days after the cancellation acceptance; or
DSD will authorize Credit for the Client to select another Product within the next year from the initial purchase. The new Price for the new Product Selected, will be the one Listed at the moment of the Credit use, as defined in Section 3.5.
6.2 Products damaged during transport
Exchanges, Credits, or Refunds are available for Products damaged during transport timely reported according to the following process:
6.2.1 Since the Incoterm applied to every purchase is DDP, DSD will guarantee full coverage in case of damages and/or product loss. As stated in Section 5.3.4 Client shall inspect received Products within 5 business days from receipt and shall verify the count and quality of delivery and shall advise DSD in writing through the Official Communication Channels about any count discrepancies or quality problems, or the missing delivery if that's the case. Please include photos of the defective and/or damaged product in the attachment of your e-mail.
6.2.2 Once the claim has been received by DSD, DSD will notify the Client of the instructions for Product return. Products must be returned to the DSD manufacturing site, shipping prepaid at DSD’s cost. Products must always be accompanied by the reason for the return in writing, indicating the invoice number and date of purchase.
6.2.3 A reasonable period after the Client’s notice, DSD will verify the information and accept or reject the claim. In case the claim is accepted by DSD, the Client might opt for any of the following alternatives:
Exchange/ repeat the Product*;
Credit to be used in other PC Products during the next year according to Section 3.5*; or
Reimbursement on the correspondent proportion of the damage after valuation (30 days after notification).
*For alternatives (a) and (b) an additional % discount to be used in a new Product Order will be made available to the Client. The percentage will be assessed depending on each case's circumstances.
6.2.4 All returned Products are subject to quality assurance inspection by DSD, which inspection will determine any credit due to the Customer.
6.3 Quality Issues.
In the event, that a quality Issue exclusively attributable to DSD arises, Exchanges, Credits, or Refunds might be available to the Client following the Process described within this Section.
6.3.1 For a quality issue to be considered exclusively attributable to DSD‘s fault, the Client must have:(i)Provided to DSD the correct information and inputs for Product development and (ii) followed the protocols shared by DSD for Product use and/or implementation.
6.3.2 DSD will guarantee the quality of its products for 2 years. The client shall advise DSD in writing through the Official Communication Channels of any count discrepancies or quality problems during this period. Please include photos of the defective and/or damaged product in the attachment of your e-mail.
6.3.3 A reasonable period after the Client’s notice, DSD will verify the information and accept or reject the claim. In case the claim is preliminary accepted Client will receive the instructions for Product return. Products must be returned to the DSD manufacturing site, shipping prepaid at DSD’s cost. Products must always be accompanied with the reason for the return in writing, indicating the invoice number and date of purchase.
6.3.4 All returned Products are subject to a second quality assurance inspection by DSD, which will determine if the claim is finally accepted. In case the claim is accepted the Client might opt for any of the following alternatives:
Replacement/repeat of the Product*;
Credit to be used in other PC Products during the next year ( year counted from the credit generation date) according to Section 3.5*; or
Reimbursement on the correspondent proportion of the damage after valuation (30 days after notification).
*For alternatives (a) and (b) an additional % discount to be used in a new Product Order will be made available to the Client. The percentage will be assessed depending on each case's circumstances.
6.3.5 Natural Restorations Only: If all the previous steps have been followed, and something goes wrong during the cementation appointment (e.g. fitting, shape, shade, or fractures), the DSD Lab will repeat the work at no extra cost. If any fracture or failure of the ceramics occurs after cementing the case, regardless of the time, the dentist will have to order a new unit on our website. For these repetitions, DSD will cordially offer a 30% discount on the new purchase.
6.4 Wrong Product Selected:
Whenever the Client client has purchased a wrong Product, upon written request made up to 60 days after the purchase DSD will authorize a Credit for the Client to select the right Product within the next year from the initial purchase. The new Price for the new Product Selected, will be the one Listed at the moment of the credit use, according to the process defined in Section 6.7
6.5 Best Fitting Treatment Option:
If after an initial valuation is done with DSD Team, parties agreed that there is a best fitting treatment option, DSD will authorize Credit for the Client to select the best fitting treatment Product within the next year from the initial purchase. The new Price for the new Product Selected, will be the one Listed at the moment of the Credit use, as defined in Section 3.5.
Note 1. For the avoidance of doubt, reimbursement and/or credit mentioned in this Section 6, will only apply to Clients that have effectively paid for the Product.
Note 2. The reimbursement, if applicable, for all the cases mentioned in Section 6 will be done in the currency displayed on the Website, independently of the currency of the Client’s payment method.
Note 3. Under no circumstance DSD will be responsible for: (i)Unsuccessful deliveries arising from the recipient not being present at the time of delivery at the address supplied by the Client; and/or (ii) Product quality problems caused by improper handling by the recipient; and/or (iii) failure to deliver or delays in delivery or performance due to causes beyond its reasonable control (customs, force major events, and/or others)
7. WARRANTY.
7.1 For a period of 2 years after acceptance as mentioned in section 5.1.3, DSD will guarantee the conformity of its Products. This means ensuring that the goods purchased have the promised quality or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the Client.
7.2 Unless otherwise specified in DSD’s written materials pertaining to a particular Product, DSD warrants to the Customer that Products purchased conform to DSD's published specifications and are free from defects in workmanship and material at the time of shipment and warrants for at least 2 years from the date of acceptance.
7.3 If during this period the Client discovers a failure of a Product to conform to Specifications or a defect in material and workmanship, it must promptly notify DSD in writing through Official Communication Channels; within a reasonable time after such notification, DSD will correct any failure of the Product to conform to the warranty by providing, at its option, repair of the Product, a replacement unit, or a refund of the purchase price, if applicable according to Section 6.3. The aforementioned remedies are the Client’s exclusive remedies for breach of warranty.
7.4 This warranty does not extend to or cover: (a) any product, components, or parts not manufactured or sold by DSD; (b) damage caused by use of any Product for purposes other than those for which it was designed as indicated in DSD’s Specifications; (c) damage caused by unauthorized attachments or modification; (d) any other abuse or misuse by Customer, its employees, representatives, contractors, and agents; or (e) any DSD Product where the Customer receives the Product from a person or entity that is not affiliated with or authorized by DSD.
7.5 Additionally, the warranty may be canceled: (i) in a Force Majeure Event; (ii) if the Product has been moved to a different facility without DSD’s prior knowledge; (iii) if the Customer has outstanding invoices with DSD; (iv) if Customer misuses or abuses the Product; (v) if Customer’s use of Product is non-conforming to DSD’s Specifications; (vi) if Customer attempts any unauthorized repairs or modifications; or (vii) if Customer does not allow time-sensitive preventative or corrective maintenance.
7.6 THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS OR MATERIALS TO BE PROVIDED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH OTHER WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED.
7.7 This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Clients’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the Client from the owner or through the Service will create any warranty not expressly stated herein.
8. INTELLECTUAL PROPERTY AND COPYRIGHT
8.1 Unless agreed otherwise in writing by the parties, DSD Planning Center S.L. retains ownership rights and copyright to all images, plans, drawings, calculations, design instructions, product descriptions, protocols, and/or other documents.
8.2 All deliverables and the methodologies used to create the goods and/or services; all other inventions, discoveries, concepts, ideas, and/or improvements created, conceived, or developed by DSD Planning Center S.L. and in general, all Intellectual Property rights authorized by law relating to such goods and/or services shall be upon creation the property of DSD Planning Center S.L, and may not be modified without the written consent of DSD Planning Center S.L.
8.3 Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of DSD or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
8.4 All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of DSDr or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
8.5 Unless agreed otherwise in writing by the parties, the mere participation in a Mastership doesn’t give the Client the right to use DSD Logo or IP in general. Logo use is reserved for DSD Clinics and regulated in a specific agreement.
8.6 Client may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
9. DATA PRIVACY POLICY:
9.1 By accepting these Purchase Terms and Conditions the Client also accepts and submits to DSD’s Privacy Policy ( LINK)
9.2 To the extent that Parties have access, collect, retain, disclose or otherwise process any data subject ( “Data Subject”) identifiable information, including names, voice, video, and image, or any other data (“Personal Data”) pursuant to this Agreement, will do so only in accordance Applicable Laws, including General Regulation of Data Protection of the EU 2016/679 ("GDPR"), as well as with any other European Union and local/national regulation that may be applicable and/or be enforceable for each particular case.
9.3 In the event any Party collects and processes Personal Data, such Party will do so solely as described in the Personal Data Authorization and will be obliged not to use such Personal Data for any other purposes other than the authorized by Data Subject and/or for legally applicable reasons.
9.4 Parties will maintain appropriate safeguards to ensure the confidentiality and security of the Personal Data and promptly inform DSD within three (3) calendar days about any unauthorized or unintentional access to or disclosure of Personal Data (“Security Breach”) and will provide all reasonable assistance to remedy the Security Breach.
9.5 By purchasing the Product, Parties confirm that individuals acting on their behalf are informed of, and consent that their personal data shall be collected and processed to manage this contractual relationship.
9.6 Each party is obliged to facilitate the exercise of the legal rights of access, rectification, cancellation, limitation, portability, and opposition over said personal data, as well as any other right under the GDPR or other regulations that might be applicable (the “Rights”).
10. LIMITATION OF LIABILITY.
10.1 EXCEPT FOR PAYMENT FOR GOODS AND/OR SERVICES DELIVERED AND ACCEPTED BY DSD, IN NO EVENT WILL DSD’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE P.O. UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) EXCEED THE AMOUNTS OWING BY DSD UNDER THE APPLICABLE P.O., WHETHER OR NOT THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT EXPAND SUCH LIMIT. IN NO EVENT SHALL DSD HAVE ANY LIABILITY TO THE SELLER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR OTHERWISE) WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2 Additionally, by using our Website, the Client expressly acknowledges and agrees that DSD shall have no liability or responsibility whatsoever for (i) any action of another user; (ii) personal injury or property damage, of any nature whatsoever, whether arising in contract or tort, resulting from your access to and use of our Courses, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of DSD; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from DSD; (iv) any bugs, viruses, worms, defects or other items of a destructive nature which may be transmitted to or through the site by any third party; (v) any error, mistake, inaccuracy or omission in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials available through DSD; your sole and exclusive remedy for dissatisfaction with DSD is to stop using the site.
10.3 To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service; any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored thereinany interruption or cessation of transmission to or from the Service;any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
10.4 This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.
10.5 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to that Client. The terms give the Client specific legal rights, and the Client may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
10.6 The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
11. ASSIGNMENTS.
No right or obligation under this Agreement and/or the P.O. may be assigned by Seller without DSD’s prior written consent, and any attempted assignment without such consent will be null and void. DSD may assign the P.O. at any time to any party which assumes DSD’s obligations
12 . UNLAWFUL ACTIVITY:
DSD prohibits the use of DSD brands and/or materials for unlawful conduct. All Users must comply with all local, state, federal and international laws, ordinances and regulations. The Client agrees not to use any false information or use an invalid or unauthorized credit or debit card. User agrees not to use or permit anyone to use the information provided through the Courses and/or www.digitalsmiledesign.com for any unlawful or unauthorized purpose.
13. EVENTS OUTSIDE OUR CONTROL
13.1 DSD shall not be deemed in default or otherwise liable or responsible for any failure to perform or delay in performance of, any of DSD’s obligations that are caused by an Event Outside Our Control.
13.2 An “Event Outside Our Control” means any act or event beyond DSD’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, Coronavirus disease (COVID-19), or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or any other similar cause not under DSD’s control.
14. ADDITIONAL PROVISIONS
14.1. No agency, partnership, joint venture, or other relationship is intended or created by the Client’s use of DSD services.
14.2. All contents of this website or affiliated platform are copyright works belonging to DSD. All rights reserved. The content of this website or platform has been carefully prepared and is regularly updated. Nevertheless, we cannot guarantee that the totality of information is perfectly accurate or free of error.
14.3. These Use and Purchase Terms and Conditions contain the entire understanding of the parties concerning the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic, or implied.
14.4. If any provision of these Use and Purchase Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected.
14.5. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
14.6 Governing law. These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
14.7 Dispute resolution
Amicable dispute resolution. The Client may bring any disputes to the Owner who will try to resolve them amicably. While the Client's right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, the Client is kindly asked to contact the Owner at the contact details provided in this document. the Client may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 30 days of receiving it.
Online dispute resolution for Consumers. The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts. As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts that have been entered into online. The platform is available at the following link.
14.8 Right to Refuse Service Access. DSD has the right, without any liability, to refuse service access and/or cancel the account and/or suspend, and/or revoke access privileges to any Client who:
By any cause breaks, infringes, and/or transgresses this T&C;
Is unreasonably rude, affecting/ difficulting the service performance or service delivery;
Does not follow DSD’s guidelines and processes.
Engages in fraudulent or otherwise misleading activities that would harm DSD, affect DSD’s customers relations, and/ or may have an impact on DSD’s business;
DSD retains the right to refuse service based on DSD’s professional opinion.
If DSD wishes to terminate/ refuse service access pursuant to Section 14.8, at its own discretion DSD shall deliver to the Client a written notice stating a brief description of the basis on which DSD is refusing Services access and the following applicable steps (if any).
15. CONTACT
15.1 In case you have any doubt about this T&C and or any other request related to your purchase process, please contact contact@digitalsmiledesign.com
15.2 In case you have a request doubt or inquiry related to the Products, please write to contact@digitalsmiledesign.com
15.3 In case you have a request doubt or inquiry related to GDPR-Data Protection, please write to dpo@digitalsmiledesign.com
Changes in Terms and Conditions:
You only need to approve this T&C once; we reserve the right, in our sole discretion, to change these Terms at any time. If We change any term or condition, said modification, revision, and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
The continued use of the Products/ Services will signify the Client’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.
Such changes will only affect the relationship with the Client in the future. The applicable previous version will govern the relationship prior to the changes. The Client can obtain any previous version from DSD.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
LastVersion 01.07.2022