Marketplace Terms and Conditions

1 and 2. Application - Purpose

Any order for goods, regardless of the means, form or location, implies that the Customer agrees to the following terms and conditions of sale.

They apply to all orders placed with Spotimplant on or after March 1, 2021. Orders imply the Customer's full and unreserved acceptance of the General Conditions utterly, and his waiver of all other conditions with no exception. No dispensation from these General Terms and Conditions of Sale shall be binding on Spotimplant unless accepted in writing by Spotimplant and shall apply only to the order(s) in question.

These "General Terms and Conditions of Sale" apply to legal transactions relating to products sold by Spotimplant to its customers in its online shop.

The online sale of the products and services presented on the website is exclusively intended for dental professionals.

Spotimplant reserves the right to change its product and service offerings at any time and without prior notice. Spotimplant cannot be held responsible for any shortages in inventory. Spotimplant reserves the right to correct any errors in its commercial documentation at any time and without prior notice, in particular with regard to prices or quantities.

1. Order

Each Purchase Order is based on an order (the "Order") placed by or received by Spotimplant. The automated registration systems are considered as evidence the nature, content, and date of the Order. The Order is accepted or solicited by the Customer, as the case may be, and the signing of the Order constitutes the agreement between the parties (the "Agreement").

Spotimplant will confirm acceptance of the Order to the Customer by sending a confirmation message to the email address provided by the Customer. The sale is only concluded as from the order confirmation is sent.

Spotimplant reserves the right to refuse or cancel any Order placed by the customer, in particular in the event of the customer's insolvency or in the event of non-payment of the order in question or of a previous delivery, or in the event of a dispute concerning the payment of a previous Order.

Any change to the order requires Spotimplant's prior written consent and may result in a change to the price and terms of service. In the event of cancelation of an Order, Spotimplant is entitled to retain the amounts paid by the Customer as compensation if the Customer so wishes. Only the data agreed between the parties in the contract are considered as reference, excluding the information in other documents (catalogs, etc.).

The information provided by the Customer when entering the information for the Order engages the Customer only. The Customer is solely responsible for the information provided when placing the order. Spotimplant shall not be liable in any way for typing errors made by the Customer (delivery address of the product(s) and/or the invoicing address, etc.) that result in delays or total inability of the shipment of the Product (s).

1. Delivery

The delivery times communicated by Spotimplant are indicative only; any delays cannot give rise to termination, cancellation, or compensation. No penalty of any kind can be claimed for late delivery unless Spotimplant has agreed to this in writing in advance.

All Products listed on the sales order submitted to Spotimplant are intended solely for the use of the Customer or the recipient specifically identified under the recipient address information.

Customers shall ensure, if necessary, that all taxes, rights and/or other shipping charges, including the Products themselves, are paid upon receipt of the goods.

Without prejudice to the provisions of Article 11 (French law), deliveries shall be deemed to conform to the Order unless a complaint is made for apparent defects or non-conformity of the Materials and Products delivered with respect to the Materials and Products ordered. The complaint must be made expressly and precisely within 48 hours of the arrival of the Materials and Products at the Customer's premises or of the discovery of the defect. Any problem concerning the transport must be immediately reported to the carrier and be the subject of a reservation on the transport note.

Our delivery rates are available on request.

In case of apparent defects, the customer has the right to return the goods under the conditions provided for in the instructions for use.

Due to the availability of the ordered Products, an order may be delivered to the Customer in several consecutive shipments.

Spotimplant reserves the right to suspend deliveries in the event of late payment by the Customer.

1. Withdrawal

The Customer has 14 days from receipt of the Sales Order to return the Product(s) to Spotimplant for exchange or refund. In this case, the Customer must return the Products in new and undamaged condition, including all accessories, instructions, and documentation. The exact return address is obtained from Spotimplant at the following email address: [email protected].

In the event of the exercise of the right of withdrawal, Spotimplant undertakes to refund, free of charge, the amounts paid by the customer, with the exception of the return transport costs. The transport costs for the return of goods shall be borne by the customer.

In the event of an improper return, Spotimplant may claim from the customer an amount equal to 5% of the price of the returned Product (s) as compensation.

The refund by Spotimplant is due within a maximum of 30 days.

1. Prices

The prices are given in Euro.

The price indicated on the product sheets does not include inherent transport costs.

Orders placed outside European Union and overseas may be subject to customs formalities and corresponding taxes, depending on the country of destination. These are at the expense of the customer.

The price indicated in the Order confirmation is the final price, including all taxes and including VAT. This price includes the price of the Products, the costs of handling, packaging and storage of the Products, as well as shipping and handling costs.

1. Payment

The price charged to the Customer is the price stated in the Sales Order confirmation sent by Spotimplant.

The price of the Products must be paid on the day of the order using one of the means of payment offered on the website.

Failure to comply with payment deadlines may result in the suspension of current orders or will result in default interest by operation of law and without prior notice. Default interest will be charged from the due date until the date of full payment at the prevailing legal interest rate plus 10 percentage points. In addition to the above default interest, the Customer in default of payment shall owe the creditor a fixed compensation for collection costs, the amount of which shall not be less than 40 euros.

No discount shall be granted unless Spotimplant has stipulated otherwise in writing.

The Sales Order validated by the Customer will be considered effective only after the transaction has been approved by the secured bank payment center and, if necessary after the insurer has assumed the risk.

1. Liability

Spotimplant shall not be liable for any damages of any kind, whether tangible, intangible, or physical injury, resulting from the improper functioning or use of the Products.

In any case, Spotimplant's liability is limited to the amount of the order. In the event of difficulties in the application of this agreement, the customer and Spotimplant reserve the right to seek an amicable solution before taking legal action.

In any case, Spotimplant cannot be held liable for non-compliance with regulations and laws in the recipient country. Spotimplant's liability is systematically limited to the value of the Product in question as determined at the date of sale, without any possibility of recourse to the brand or company that manufactures the product.

1. Ownership Reserve Clause

The transfer of ownership of the Products is suspended until full payment of the price in principal, interest, and accessories and all sums payable by the Customer. The Customer shall take all necessary measures to preserve the Products prior to the transfer of ownership.

The Customer authorizes Spotimplant to take all measures to take back Products not fully paid.

By express agreement, Spotimplant shall be entitled to exercise its rights under this Ownership Reserve clause in respect of all its claims against the entirety of the Products in the Customer's possession, the unpaid Products is deemed to be such, and Spotimplant shall be entitled to take them back or claim them as compensation for any unpaid invoices, without prejudice to its right to cancel outstanding orders.

The mere handing over of a title giving rise to an obligation to pay (bill of exchange or other ) does not constitute payment within the meaning of this clause. The Ownership Reserve clause shall therefore remain in full force and effect until actual collection.

1. Contractual Warranty

Unless otherwise stipulated, the Products are warranted for one year from the date of installation (evidence shall be the patient record and purchase invoice).

1. Exclusion of warranty

Spotimplant is not responsible for and does not guarantee the replacement of the associated prosthetic components in the following cases

- The defect of the prosthetic component is the result of trauma, natural wear, accident or actions directly caused by the patient's behavior or compliance with the treatment;

- In case of contraindication for the osseointegration of the implant and for the maintenance of a good condition of the associated prosthetic parts according to the commonly accepted findings: Metabolic diseases, such as uncontrolled diabetes (the list is not exhaustive).

12 . Applicable Law

The Contract and the GTC are subject to French law.

In the event of any dispute concerning the interpretation or execution of the GTC, the parties shall meet to reach an amicable agreement.

Write to us if you do not find the answer to your question in these headings.