Terms and conditions
INTELLECTUAL PROPERTY RIGHTS
Copyright 1996 Dental Specialties, Inc. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by KAVO KERR GROUP, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to KAVO KERR GROUP appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to KAVO KERR GROUP or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
The images on these pages are provided subject to the following terms and conditions.
KaVo Kerr Group Dental Specialties owns and retains the copyrights in the images except as noted. No copyright license (either express or implied) is granted to the user, other than the right to reproduce the images without alteration for product promotion by authorized KAVO KERR GROUP dealers and distributors, dental patient education and dental staff education use only. The images are provided to recipient as is. All implied warranties are hereby disclaimed, including, without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose.
USE OF SOFTWARE
If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
BULLETIN BOARDS, CHAT ROOMS, AND OTHER INTERACTIVE AREAS
KAVO KERR GROUP may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this website:
1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or KAVO KERR GROUP or any of its affiliates. 2. You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited. 3. You must keep your comments relevant to the stated topic. 4. Any conduct that in KAVO KERR GROUP’s sole discretion restricts others from using or enjoying the website is prohibited. 5. You may not advertise a business or service. 6. Copyrighted material may only be posted with permission of the author. 7. Harvesting or collecting information about others, including e-mail addresses is prohibited. 8. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
You and other users of the KAVO KERR GROUP bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before providing any personal information on this website. Although KAVO KERR GROUP is not obligated to monitor content or the accuracy of information, you acknowledge and agree that KAVO KERR GROUP, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this website. KAVO KERR GROUP also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KaVo Kerr Group does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use this web-site only with involvement of a parent or guardian. KaVo Kerr Group reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from KaVo Kerr Group are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
KaVo Kerr Group attempts to be as accurate as possible. However, KaVo Kerr Group does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by KaVo Kerr Group itself is not as described, your sole remedy is to return it in unused condition.
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS
KAVO KERR GROUP respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide KAVO KERR GROUP the following information, in the form prescribed by Section 512 of Title 17, United States Code: 1.an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. a description of the copyrighted work or works that you claim have been infringed; 3. a description of the allegedly infringing material, including its location on the website; 4. your address, telephone number, and e-mail address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
KAVO KERR GROUP’s Copyright Agent for notice of claims of copyright infringement on its website is: KaVo Kerr Group Attn: General Counsel 1717 W. Collins Ave Orange, CA 92867
You and KAVO KERR GROUP understand and agree that: (1) KAVO KERR GROUP assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website (including without limitation any bulletin boards, chat rooms, surveys on the website) by you or by any other users or third parties and (2) KAVO KERR GROUP is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
LINKS TO THIRD-PARTY WEBSITES
Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. KAVO KERR GROUP has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, KAVO KERR GROUP does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
KAVO KERR GROUP consents to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with KAVO KERR GROUP; (c) imply that KAVO KERR GROUP approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about KAVO KERR GROUP or otherwise damage the goodwill associated with the KAVO KERR GROUP name or trademarks. As a further condition to being permitted to link to this site, you agree that KAVO KERR GROUP may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any KAVO KERR GROUP trademark.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. KAVO KERR GROUP further does not warrant the accuracy and completeness of the materials or services at this Site. KAVO KERR GROUP may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and KAVO KERR GROUP makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. No advice or information, whether oral or written, obtained by you from KAVO KERR GROUP or in any manner from this website shall create any warranty.
LIMITATION OF LIABILITY
IN NO EVENT WILL KAVO KERR GROUP DENTAL SPECIALTIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS 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 THIS SITE, ANY WEB SITES LINKED TO THIS 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INTERPRETATION OF DISPUTES
RISK OF LOSS
All items purchased from KaVo Kerr Group are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRIVACY AND SECURITY
You recognize and agree that when submitting your personally identifiable info rmation to Company websites, while Company has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, COMPANY SHAL L NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF COMPANY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILI TY OF SUCH DAMAGES, COMPANY DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
KAVO SWEDEN WEBSHOP
All information provided by KaVo Kerr on this Site is made available to provide immediate access for the convenience of interested persons. KaVo Kerr aims to include accurate and up to date information, but makes no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on this Site and disclaims any liability for the use of this Site and any site linked to it. KaVo Kerr may change this Site at any time without notice but does not assume any responsibility to update it. Access and use of this Site and any website linked to from this Site and the content thereof is at the risk of users. Neither KaVo Kerr nor any other party involved in creating, producing or delivering the Site or on any website linked to from this Site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of access, use or inability to use this Site or any website linked to from this Site, or any errors or omissions in the content thereof.
2 Your KaVo Kerr Customer Account
In order to purchase Products or access certain functions from this Site, You will be required to create an account by registering Your name, providing certain information about yourself, and creating a password ( “Account”). You agree that You will provide complete, current and accurate information about yourself as requested, and that You will keep that information up to date. You are responsible for safeguarding the confidentiality of Your username and password which are used to access Your Account on the Site. You agree not to disclose Your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under Your Account, whether or not you have authorized such activities or actions. You will immediately notify KaVo Kerr of any unauthorized use of Your Account.
3 Making Purchases
When You place an order to purchase a Product, We will send You an e-mail confirming receipt of Your order and containing the details of Your order, which does not constitute an acceptance of Your order. Your order represents an offer to us to purchase a Product, which is accepted by KaVo Kerr when We either send an e-mail confirmation of Your order or ship the ordered Products to You. Any Products on the same order which We have not confirmed by e-mail or shipment do not form part of the contract between You and KaVo Kerr.
By placing an order, You represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honour, or impose conditions on the honouring of, any promotion; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Product.
Descriptions, images, references, features, content, specifications, Products, price and availability of any Products or services are subject to change without notice, and our current prices can be found on our Site and/or through our current price list. Additionally, all images are not to scale. We make reasonable efforts to accurately display the attributes of our Products; however, the image that You see will depend on Your computer system and We cannot guarantee that your computer will accurately display the Product. KaVo Kerr does not assume any liability for the accuracy or correctness of any description, image, reference, feature, content, or specification made on the Site.
Some Products shown or described on this Site may not be available or not be regulatory cleared, released or licensed for sale in all markets.
KaVo Kerr continually strives to improve its Products; therefore, KaVo Kerr reserves the right to improve, modify, or discontinue Products at any time or to change specification and prices without notice and without incurring obligations.
4 Payment Terms and Billing
Our standard terms of payment for KaVo Kerr Products are net 30 days. Past due balances under all payment plans will be subject to a 15% default charge per month.
5 Shipping/Shipping charges
All orders will be followed up by a KaVo Kerr customer care representative who will inform you on the delivery of your order.
Shipments are made either freight collect or paid by KaVo Kerr and added to the invoice. Unless special instructions are received with Your order, the shipping method will be at KaVo Kerr’s option; prices are in the currency of Sweden. Same-day emergency shipping is available upon request and paid for by You.
All efforts will be made to provide the Product ordered in the time frame requested, however, any delivery date provided to You is to serve only as an estimation and is not a guarantee.
Title to the Products will pass to You when full payment has been received. If You refuse delivery without KaVo Kerr’s consent, You must pay KaVo Kerr’s expenses or loss resulting from that refusal, including but not limited to, storage costs, return shipping fees and/or restocking fees. Risk of the loss of the Product(s) will pass to You upon receiving and signing the delivery of the Product.
When You receive the Products, You must inspect the shipment for any defects or non-conformity. Any discrepancies should be reported to KaVo Kerr’s customer service and support within 48 hours of receipt of shipment. After this period, it will be deemed that You will have accepted the Products as shipped.
KaVo Kerr offers You the opportunity to return Products purchased from KaVo Kerr to the terms and conditions set out in this Return Policy (including expired Products):
You may return Products purchased from KaVo Kerr within thirty (30) days from the invoice date of the respective Products.
Products of a value equal or higher than the value of the returned Products.
You may only return Products that are still in their intact original packaging. In particular, the original packaging and the Products may not be damaged, marked, or otherwise altered.
No Product tied to a promotion may be returned for credit; exchange only.
KaVo Kerr may modify or terminate this Return Policy at any time in whole or in part. Changes to or the termination of the Return Policy will not affect the return rights granted under this Return Policy for Products purchased prior to the date of the change or termination.
Products purchased in a kit or set cannot be returned and/or exchanged as individual components.
To process a return or an exchange, please contact KaVo Kerr customer service in order to receive a return authorization number (RA#) and instructions on how to return the Product. Product must be sent back to KaVo Kerr via a traceable method and with the necessary RA#. Returns or exchanges will not be accepted without the necessary RA#.
This Return Policy sets forth the entire understanding regarding the return and exchange of Products and supersedes all prior agreements and discussions relating to the return and exchange of Products.
7 Repairs and Warranty
Should any instrumentation require repair, please contact KaVo Kerr customer service for conditions, information, and instructions on how to proceed regarding KaVo Kerr’s repair services.
Either You or KaVo Kerr may terminate Your access to the Site and to Your Account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, Your right to access or use the Site will immediately cease. Upon termination, You will have no further access to any information, files or materials related to Your Account. KaVo Kerr shall have no liability whatsoever to You or any third party as a result of a termination of Your rights of access to Your Account.
STANDARD TERMS AND CONDITIONS
To be read alongside the specific details of each promotion
1. Cannot be used in conjunction with any other offer and is subject to availability.
2. Offer is only open to UK based Dental surgeries.
3. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion.
4. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the ordered items, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
5. By participating, applicants confirm that they have read and agree to be bound by these terms and conditions and by the decisions of the Promoter, which are final in all matters relating to the promotion. Failure to do so will result in the forfeiture of the promotion. No correspondence will be entered into.
6. The Promoter will only use the personal details supplied for the administration of the promotion and for no other purpose.
7. Promotions are governed by English law and the exclusive jurisdiction of the English courts.
The Promoter is KaVo Dental Limited, Unit 11, Corinium Industrial Estate, Raans Road, Amersham, Buckinghamshire, HP6 6JL
PSP LOYALTY PROGRAM (UK)
- Discount applied against the KaVo Scan Exam and Scan Exam One (with standard configuration and warranty) DIGORA™ Optime Classic (DXR-50), DIGORA™ FMX and DenOptix users. No other brands will be accepted as part of the trade-in.
- Valid until 31.12.2018 or while stocks last.
- Serial number of the old unit needs to be stated in the order
- Signed “Scrappage certificate” needs to be attached to order
- Order reference: “PSP Loyalty Program” needs to be stated in the order
- Without the above-mentioned information the special discount cannot be granted.
KaVo Care Webshop
Your KaVo Care repair is subject to the following Terms & Conditions
- All KaVo Care repairs will be accepted only at KaVo’s sole discretion and KaVo may refuse to make any repair for any reason or no reason at all.
- Upon completion of Your repair, Your preferred dealer will invoice You for Your repair. Aside from any added taxes on Your repair, Your invoice amount will only exceed the amount listed in the shopping cart if the repairs required are different than or more extensive than the repairs ordered.
- All KaVo Care orders are non- cancellable on submitted.
- KaVo will not return any handpieces found to be part of KaVo’s loaner stock or otherwise belonging to KaVo.
- Only KaVo Hardware is covered by KaVo Care and KaVo makes no warranty for any third party hardware or any other third party items, whether supplied by KaVo or a third party, that are integrated into Your KaVo handpiece.
- You agree and authorize KaVo to communicate with you by any electronic means (including cellular phone, email, facsimile automatic dialing and recorded messages) or any other form of communication concerning Your KaVo Care repair.
- The timelines provided by KaVo for repairs and return of Your handpiece(s) are subject to events outside of KaVo’ control and KaVo shall not be held liable for any delay that result from events outside of KaVo’s control.
- Replacement parts may be new or factory refurbished and replacement parts will carry a limited ninety (90) day warranty to protect against any manufacture defect.
- KaVo Care handpiece overhauls and turbine replacements are covered by a limited one (1) year warranty and such warranty does not cover any external damage, abuse, misuse, mishandling or unintended uses of the handpiece.
- In the event that KaVo cannot repair Your handpiece and Your handpiece is under warranty, KaVo may replace Your handpiece with a new or factory refurbished comparable handpiece and KaVo may retain the original handpiece.
- In the event that KaVo cannot repair Your handpiece and Your handpiece is not under warranty, KaVo will either return Your unrepaired handpiece, dispose of the handpiece or contact You to discuss the purchase of a replacement handpiece.
IN NO EVENT SHALL KAVO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU FOR ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR KAVO CARE REPAIR. KAVO’S ENTIRE LIABILITY TO YOU FOR ANY DAMAGES ARISING IN CONNECTION WITH YOUR KAVO CARE REPAIR SHALL BE THE ACTUAL COST CHARGED TO YOU FOR YOUR KAVO CARE REPAIR. THE ABOVE STATES YOUR’S SOLE AND EXCLUSIVE REMEDY EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.