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AGB

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General Terms & Conditions & Terms of Use

1. subject matter of the contract

Top Caredent GmbH sells goods to customers (hereinafter referred to as the “Customer”) under the following Terms and Conditions of Delivery and Sale (T&C).

2. conclusion of contract

The contract between the customer and Top Caredent AG / GmbH is only concluded by an order from the customer and its acceptance by Top Caredent AG / GmbH. The order of the customer is made by phone, in writing or via mail. Top Caredent AG / Ltd. accepts the order by providing the client with (a) sends an order confirmation (by fax, e-mail or letter post) or (b) the ordered goods delivered with invoice/delivery bill according to payment and delivery conditions specified in point 4.

3. product assortment

All information about the goods that the customer receives during the ordering process is non-binding. In particular, changes in design and technology that improve the functionality of a product, as well as errors in description, illustration and pricing are reserved. The price quotations are valid for the current time. Periodic price changes are reserved. All technical information on the individual goods is based on the manufacturer’s specifications and is binding within this framework.

4. delivery conditions

If in stock, products are usually delivered within 5 business days (10 business days for Austria / 15 business days rest of EU) to the address provided by the customer. Delivery dates are subject to timely and correct delivery by our suppliers. Partial deliveries due to stock backlogs or supply bottlenecks are permissible and are generally made free of postage. Delivery only while stocks last.
Delivery and packaging costs amount:

– For private persons to Germany: EUR 3,50 for orders up to a value of EUR 30 (from EUR 30 the shipment is free of postage)

– For private persons to the rest of Europe: EUR 7,50 for orders up to a value of EUR 50 (from EUR 50 the shipment is free of postage)

– For dentists, clinics and DH practices EUR 8.50 for orders up to a value of EUR 300 (from EUR 300 the shipment is free of postage)

In case of externally visible damage to the ordered goods, the settlement of damages will be made only against a certificate of the respective carrier.

5. terms of payment

The catalog prices are indicative and are constantly adjusted to the market. They are quoted in Euro (EUR) incl. statutory value added tax. Payment shall be made net within 14 days of invoicing. A reminder fee of EUR 10 will be charged from the second reminder. Top Caredent GmbH reserves the right to supply new customers (and also existing customers) only against advance payment or cash payment.

Delivery for payment in Euro will be made exclusively to countries of the EU.

6. retention of title

The delivered goods remain the property of Top Caredent AG / GmbH until full payment has been received. The latter shall be entitled to make a corresponding entry in the retention of title register pursuant to Art. 715 f. ZGB. If the customer is in default of payment of the purchase price, Top Caredent AG / GmbH is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.

7. right of return

The customer has the right within a period of 7 working days to cancel the contract without giving any reason and return the goods. The delivered goods must be returned undamaged, in working order, complete and in perfect original packaging with a note of the invoice number. If the above conditions are not met, we will charge a handling fee of CHF 20 / EUR 20. The right of return begins with receipt of the goods by the customer. The latter shall also bear the costs of the return shipment. The right of return applies only if the original packaging is unopened. Generally excluded from the right of return are items with price reductions and those that were specially made at the customer’s request. If the customer has returned the goods on time and in the correct manner, he will receive a credit note from Top Caredent AG / GmbH or, if desired, a replacement delivery.

8. warranty for defects and liability

To the extent permitted by law, liability for damages is excluded. In particular, Top Caredent AG / GmbH is not liable for damages that are due to improper use or natural wear and tear or for damages that did not occur to the delivery item itself (consequential damages).

9. intellectual property

Top Caredent AG / GmbH reserves all rights for any design, text, graphics on its print and online media. Copying or any other reproduction of the entire print and online media or parts thereof is only permitted for the purpose of placing an order with Top Caredent AG / GmbH. All trademarks, product names or company names and logos cited in the print and online media are the sole property of their respective owners. Top Caredent AG / GmbH reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer must obtain the express written consent of Top Caredent AG / GmbH.

10. newsletter

By providing the customer’s email address during the ordering process by the customer, the customer agrees to Top Caredent AG / GmbH sending the customer regular information about the product range by email. This also applies to events and consulting services. The consent can be revoked at any time by email.

11 Jurisdiction and Applicable Law

These GTC and the contracts concluded on the basis of these GTC shall be governed by Swiss law in Switzerland and Liechstenstein and by German law in Germany. The place of jurisdiction is Zurich.

12. final provisions

Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. Furthermore, Top Caredent AG / GmbH reserves the right to amend these General Terms and Conditions at any time.

Disclaimer

1. content of the online offer

Liability claims against Top Caredent AG / GmbH regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected unless it can be proven that Top Caredent AG / GmbH acted with intent or gross negligence. All offers are subject to change and non-binding. Top Caredent AG / GmbH expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of parts of the pages or the entire website without prior notice.

2. copyright and trademark law

Top Caredent AG / GmbH endeavors to respect copyrights in all publications, to use its own graphics, sound documents, video sequences and texts or to use license-free documents. The copyright for any material created by Top Caredent AG / GmbH is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without Top Caredent AG / GmbH’s agreement.

3. data protection

The input of personal or business data (e-mail addresses, names, addresses, telephone numbers) takes place on an expressly voluntary basis. The data will not be shared. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymized data or an alias.

4. severability clause

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