Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products on our Website.
Please note that by ordering any of our Products through our Website, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products on our Website. These Terms and Conditions will be interpreted as a contract for the sale of Products by us to you through the Website (the “Contract”).
Please check the Terms and Conditions on our Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time (see Section 14). A link to these Terms and Conditions is provided to you upon checkout (before you place an order).
1.1 Capitalised terms shall have the meaning given to them in the section of the Terms and Conditions where they are defined (you can find these definitions by looking at the sentence where the defined term is highlighted bold, within brackets and quotation marks).
1.2 When we refer to “we”, “us” or “our”, we mean vVARDIS AG and its affiliates We are a company registered in Switzerland with company registration number CHE-273.636.531, and we are the operator of the Website. Our registered office and principal place of business is vVARDIS AG, Sihlbruggstrasse 109, 6340 Baar, Switzerland. We are selling our products to you via our subsidiary, SSB Operation GmbH, “the seller” Sihlbruggstrasse 109, 6340 Baar, Switzerland, VAT-ID: (CH) CH-170.4.017.529-4,
1.3 When we refer to “you” or “your” we mean you, the dental professional or his/her authorised representative buying Products from our Website.
2. CONTACT AND COMPLAINTS
2.1 If you would like to contact us, please use the form on the Contact Us page of the Website or reach out to our customer services team under firstname.lastname@example.org or telephone +41 56 560 20 44.
2.2 We sincerely hope that you do not have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it does not happen again and to improve our Products and associated services. Please do not hesitate to contact us using the above communication channels. All complaints must be made within seven (7) calendar days of delivery of the goods ex works of the seller, otherwise the goods shall be deemed free of defects and approved.
The seller is entitled, at its discretion, either to make a replacement delivery instead of the defective goods or to issue a credit note for the defective goods. The Seller’s liability shall in any case be limited to the amount of the invoiced defective goods. All claims of the buyer except those expressly stated in these terms and conditions, regardless of the legal basis on which they are made, in particular any claims for damages, reduction or withdrawal from the Contract (rescission) not expressly stated are excluded. Under no circumstances shall the purchaser be entitled to compensation for damages not incurred to the delivery item itself.
The seller shall deliver the goods in perfect quality. Minor external deviations with regard to thickness, colour, size and weight shall not constitute a defect.
The seller guarantees for the period up to the expiry of the expiry date indicated on the packaging or the consumption period that the delivered goods do not have any defects when properly transported, used and stored. Any further guarantees or liability, in particular for consequential damage caused by a defect, shall be completely waived to the extent permitted by law.
2.3 If you are in the EU/EEA, you may also refer disputes through to the European Commission’s online platform available here.
2.4 Likewise, if you are in the EU/EEA, you may also refer disputes related to the sale of the Products to the competent local Alternative Dispute Resolution entities.
3. THE PRODUCTS
3.1 We have an unparalleled commitment to excellence and the science of oral health. For more information on our Products (including their main characteristics, benefits, composition, varieties and how they should be applied) please visit the relevant section of our Website.
3.2 Information on our Products is provided on our Website in accordance with applicable law. To the extent permitted by applicable law, the images of the Products on our Website are for illustrative purposes only. The packaging, presentation and design of the Products may vary from that shown on images on our Website.
3.3 All Products shown on our Website are subject to availability. If the Product you have ordered is not available, your order will not be processed. As described in Section 4.8, the Contract will only be concluded upon Order Acceptance.
4. BUYING PRODUCTS FROM US
4.1 You may only buy Products from our Website if you are at least 18 years old and you are a dental professional (as declared upon arrival on our Website by clicking on “I am a dental professional”).
4.2 Without express authorization from us, you are prohibited from re-selling these products other than to patients (or as permitted by compulsory law) and are also prohibited from exporting these products.
4.3 You can navigate freely on the Website without any obligation to place an Order. If you choose to place an Order, you will be guided through the process of placing an Order by a series of simple instructions on the Website.
4.4 There is no minimum order value.
4.5 Before submitting any Order, you are offered the opportunity to review and check your Order, including your personal information such as shipping and invoicing details, to ensure it is correct. Before submitting an Order, you are also explicitly requested to confirm that you agree to these Terms and Conditions by ticking a tick box.
4.6 By clicking on Place Order, you are committing to buying and paying for the Products in your order and you confirm to be bound by the order and these Terms and Conditions.
4.7.After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.8 If we accept your order, we will confirm this to you by sending you an email with the wording “order acceptance” (the “Order Acceptance”). The Contract between us will only be concluded when we send you the Order Acceptance and only with respect to the Products included therein. If there are any errors in your Order Acceptance or if you have not received an Order Acceptance/order confirmation within 24 hours of placing your Order, please contact us as soon as possible using the form on the Contact Us page of our Website or the contact details provided in Section 2.
4.9 We will send you a further email when the Products in your order have been shipped with the wording “shipping confirmation” (the “Shipping Confirmation”).
5. PRODUCT PRICES
5.1 For all orders with a value of at least CHF 300 or EUR 300 respectively, shipping costs in Switzerland and EU/EEA are included. For orders below the aforementioned value, shipping costs of 20 EUR will be charged.
5.2 For orders originating from Switzerland, where not otherwise stated, all prices are quoted in Swiss Francs (CHF) and do not include the statutory VAT.
5.3 For orders originating from EU /EEA, where not otherwise stated, all prices are in Euro (EUR)and the statutory VAT might be applied, depending on the shipping location and the ordering entity’s VAT treatment status.
5.4 The prices of the Products on our Website do not include any import or customs duties and or taxes (see Section 7.6).
5.5 The prices of the Products will be as quoted on our Website from time to time and the applicable price will be the one that was listed on the Website when placing the Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error.
5.6 The prices of the Products may change from time to time, but changes will not affect any prior order which we have confirmed with an Order Acceptance, unless the order includes a pricing error as stipulated in Section 5.5 above.
6. METHODS OF PAYMENT
7.1 Deliveries are made only within Switzerland and countries of the European Union (EU) and EEA
7.2 As a general rule, deliveries are made within six (6) working days, unless there is an event outside of our control (please see Section 12 below for more information about these events). If we do not have an item in stock, we will inform you as soon as possible when delivery is expected. Delivery is at the recipient’s risk.
7.4 Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation. If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date.
7.5 Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of incorrect, incomplete or unclear delivery details).
7.6 If you order Products from our Website for delivery outside Switzerland your order may be subject to import or customs duties or taxes that are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8. RETURNS AND REFUNDS
8.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer services team using the form on the Contact Us page of our Website or the contact details provided in Section 2. Details of your legal right to cancel your Contract with us, and an explanation of how to do this, are set out below and provided in the Order Acceptance that we send to you (see Section 4.7).
8.2 Unless the Products are faulty or not as described (in which case Section 8.4 below will apply), you will be responsible for the cost of returning the Products to us. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using a recorded delivery service and that you keep proof of postage. We will be unable to provide you with any refund if the Products are not returned to us or if they were damaged during transportation.
8.3 If you are in the EU/EEA and pursuant to obligations, restrictions and conditions in local law, you have 14 days after the day you receive the product(s) to exercise your right of withdrawal – which means you can choose to return the Product(s) to us without giving any reason and without incurring costs other than shipping costs (to ship the Product(s) back to us) and supplemental costs related to your Order (e.g. any shipping costs related to the original order). Please note that for hygiene reasons we can only accept Product(s) that are still sealed. If you have unsealed the Product(s), , you can no longer return them on the basis of your right of withdrawal.
To exercise the right of withdrawal, you must inform us of your decision to do so by making a clear statement to our customer services team by using the form on the Contact Us page of our Website or the contact details provided in Section 2 and provide details of (a) your name, (b) your address, (c) details of the order you wish to withdraw from, and (d) your contact information. You may, but are not required to, use the sample withdrawal form attached in Appendix 1.
Once you have submitted your withdrawal request, we will reimburse you (using the payment method and currency used to pay for the original transaction) for the cost of the products .The refund will be made within the statutory period from the day you notify us that you wish to withdraw and provided the Products are shipped back to us in due order within any such statutory periods.
8.4 In the unlikely event that the Products we sell to you are faulty or not as described, please contact our customer services team as described in Section 2 who will inform you about your individual refund and other rights in such particular case.
8.5 If you are in the EEA/UK, and pursuant to obligations, restrictions and conditions in local laws, in the event of a product fault which existed at the time of, or becomes apparent within two years of, Product delivery, you have the right to have the Products replaced or repaired. In the event that one of the above remedies does not work, you have the right to an appropriate reduction in the price of the products, or to cancellation of the Contract. Please contact our customer services team as described in Section 2. You may have additional rights under national laws, and we advise you to seek advice on your rights with your local consumer rights organisation.
9. OUR LIABILITY
9.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of these Terms and Conditions or a breach of our Contract, but we are not responsible for any loss or damage that is not foreseeable or an indirect consequence thereof.
9.2 Notwithstanding the above, our liability shall in any case be limited to the price you paid for the respective Product including shipping costs, VAT and import duties (if any).
9.3 However, we do not in any way exclude or limit our liability for:
i. death or personal injury caused by our wilful misconduct or gross negligence;
ii. fraud or fraudulent misrepresentation; or
iii. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
10. USING OUR WEBSITE
10.3 All content of, and software used on, this Website is owned or controlled by us or our involved vendors and is protected by copyright and intellectual property laws internationally. No modification or further reproduction of the content is permitted. The content may not otherwise be copied or used in any way without the prior express permission.
10.4 We will use reasonable efforts to include up-to-date and accurate information on this Web site, but makes no representations, warranties, or assurances as to the availability, accuracy, correctness, or completeness of this Web site, its information, or its contents. We shall not be liable for any damages or injury resulting from your access to, or inability to access, this Website, or from your use of, or reliance on, this Website or any information provided in it.
10.5 This Website may provide links or references to other sites and may be accessed by links from third party Web sites over which we have no control. We have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content or that access. Any links to other sites are provided as a mean to achieve the purposes of this Website or out of a regulatory obligation. We reserve the right to delete, modify or supplement the content, links or references of this Website at any time, for any reason, without notification.
11. YOUR PERSONAL INFORMATION
12. EVENTS OUTSIDE OF OUR CONTROL
12.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event that is outside of our reasonable control.
12.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:
i. we will contact you as soon as reasonably possible to notify you; and
ii. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.
13. CHANGES TO THESE TERMS AND CONDITIONS
13.1 We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the applicable law that requires us to change these Terms and Conditions).
13.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.
14. OTHER IMPORTANT INFORMATION
14.1 We may transfer our rights and obligations under the Contract to another entity (in the same or in another country) belonging to the same group.
14.2 The Contract is between you and us (or any of our transferee group entities). No other person shall have any rights to enforce any of its terms. If any one or more sections or part of a section of these Terms and Conditions shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid, illegal or unenforceable provision(s) shall be replaced by such provision(s) the parties would, acting reasonably, have agreed upon had they been aware of the invalidity, illegality or non-enforceability of the provision to be replaced. The same principle shall apply in case of a contractual gap.
14.3 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.4 This Agreement supersedes all prior agreements, negotiations, correspondence, undertakings and communications between you and us, oral or written, and contains the sole and entire agreement between you and us with respect to the subject matters hereof.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions shall be construed and interpreted in accordance with, and shall be governed by, the laws of Switzerland without reference to the conflict of laws principles thereof and to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).
15.2 Any dispute arising out of or in connection with these Terms and Conditions (including their interpretation, closing, execution, binding effect, amendment, breach, termination or enforcement) shall be resolved by the ordinary courts in Zurich, Switzerland, venue being Zurich 1, without restricting any right of appeal.
15.3 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law including mandatory choice of forum of your place of domicile.
Baar, Switzerland, 20 May 2022, vVARDIS AG
CANCELLATION FORM FOR EEA/UK CONSUMERS
If you wish to withdraw from the contract, please fill in this form and return it to us.
To: vVARDIS AG
Sihlbruggstrasse 109, 6340 Baar
I/we(*) hereby withdraw from the contract concluded by me/us(*) for the purchase of the following goods(*) / for the part exchange of the following goods(*)
(*) strike out/delete not applicable options