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    Ivory Mechanikkonzept

    Conditions of Sales

    Index

    Introduction

    The purchase of articles through the website www.ivory-dent.com is subject to the Terms and Conditions of Sale established below.
    Customers are kindly requested to read these Terms and Conditions of Sale carefully before using this website. By proceeding to use this website Customers implicitly accept the following Terms and Conditions.

    1. Acceptance of terms and conditions of sale

    A contract of sale between IVORY S.r.l. and the Customer is established the moment IVORY S.r.l. accepts an order, even in part. IVORY S.r.l. reserves the right to accept or refuse orders at its sole discretion. Orders are implicitly accepted; Customers shall be expressly informed of refusals by one method or another. By placing an order in any of the permitted ways, Customers declare that they have read and understood all the information provided during the purchase procedure, and accept in full the payment terms established below.

    2. Product data sheets and photos

    IVORY S.r.l. is committed to presenting its products accurately in all photographs, descriptions, illustrations and videos.
    Errors, including errors in technical specifications, do not constitute cause for claim or complaint. Operating instructions and safety precautions cannot be taken as binding and in no case substitute compliance with applicable safety standards. Photographs illustrating products are purely indicative. IVORY S.r.l. reserves the right to modify the technical information associated with products without prior notice in order to align it with that provided by manufacturers.

    3. Price of products

    All prices are stated net of VAT.
    A product’s sale price is always stated in its data sheet.

    Product data sheets may also offer discounts on the basis of quantity, user community or special offer.  The on-line store automatically calculates net price on the basis of applicable conditions.

    IVORY S.r.l. reserves the right to modify prices at any time and without prior notice. If an incorrect and/or obviously mistaken price is published for any reason (system error or human error, etc.), orders for the product concerned shall be cancelled even if initially accepted.

    The prices displayed of all products (including offer prices) may also be subject to change without advance notice, due to sudden variations in the cost of raw materials, production or labour costs with regard to the items we produce, or in the exchange rate of our currency etc. For this reason, customers should ask for updated prices when ordering.

    4. Availability of products

    Customers can verify the availability of products (subject to sale) from product data sheets and from the cart. If more than one order for a product is placed simultaneously, stock may nevertheless prove insufficient.

    Statements of a product’s availability are therefore purely indicative and not binding. For this reason, when IVORY S.r.l. receives an order, it reserves the right to verify the availability of the product concerned. If the product is not available, IVORY S.r.l. shall quickly notify the Customer that the order cannot be accepted. IVORY S.r.l. cannot be held responsible for the consequences of refusing an order.

    If a product is not immediately available from stock, Customers will be unable to add it to their carts and the message “Not available” will be displayed. Under such circumstances, Customers may ask to be advised by e-mail when the product becomes available again. This service implies no obligation to purchase on behalf of the Customer and implies no reservation of products by IVORY S.r.l.. IVORY S.r.l. cannot be held responsible for the failed delivery of e-mails advising Customers or product availability.

    5. Submission of orders

    Customers may purchase any product published for sale on this website. After selecting products and adding them to the cart, but before confirming the order, Customers should verify all the accessory costs associated with their preferred delivery and payment methods.

    Orders cannot be submitted by telephone, fax or e-mail.

    Once an order is submitted, further additions to it cannot be made.

    When Customers begin the checkout procedure, they can specify a different delivery address from their normal business address or choose to collect the order from their nearest dental products warehouse. Once an order has been submitted, no changes to it can be made.

    All documents related to the sale (order, order confirmation, delivery confirmation and invoice) shall be sent automatically and exclusively by e-mail in accordance with Article 14 of Presidential Decree 445/00 and Legislative Decree 52/2004. No paper documents shall be sent except for documents that are needed for the shipping..

    Correct reception of orders shall be confirmed by the automatic transmission of an order confirmation e-mail to the address given during the order compilation process. If IVORY S.r.l. declines to accept an order, the Customer concerned shall be sent an e-mail advising him of the reasons.

    Order confirmations list all the Customer’s identifying details, the products purchased, the cost of shipping where relevant, the delivery address or that of the dental products warehouse if the “collect from nearest warehouse” option has been selected, and any relevant instructions for the carrier.

    Corrections and variations to the address or to the carrier instructions can be made by clicking the “Change my order confirmation” link within one hour of reception of the order confirmation. Changes cannot be communicated by telephone as the enterprise management software of IVORY S.r.l. does not allow changes to be made manually. Once an order has been delivered to the carrier, the Customer shall be notified by e-mail and given a tracking number for tracking delivery.

    6. Deletion of orders

    Orders can be deleted by sending an e-mail to deleteorder@ivory-dent.com up until the time of processing, with a complete refund of all payments.

    Deletion is not possible once an order has been processed or delivered to the carrier. This does not affect Customers’ “right to cancel” under law.

    7. Right to cancel

    (Directive 2011/83/EU, Decree 21 of 21 February 2014 – New Consumers Directive)

    A) When the right to cancel applies

    IVORY S.r.l. aims to ensure that Customers are fully satisfied with all purchases made on this website. If Customers are not fully satisfied, they are entitled to request authorisation to return their purchase, even without stating reasons, within 30 calendar days of the date of delivery, provided the product in question is still in its original packaging and can still be sold as new.

    B) Obligations of the Customer

    Customers may only handle products to establish their nature, characteristics and functioning. If Customers use products outside these limits they assume responsibility for the consequent reduction in the product’s value and for deductions from the sum refunded.

    C) How to exercise the right to cancel

    To exercise the right to cancel, Customers must complete the QRRMA form on our website www.ivory-dent.com, marking the “Satisfied or Refunded” checkbox. To complete the procedure, Customers are requested to state the reason for returning the product; this will help IVORY S.r.l. to improve the quality of its products and services.

    Unauthorised returns shall be returned to sender.

    D) Terms for the return of products

    Once Customers have submitted their request, the carrier appointed by IVORY S.r.l. shall contact them to collect the product. Customers are required to provide adequate packaging to ensure that the product reaches its destination undamaged. Customers remain liable for all damage to the product and for consequent reductions in the value refunded. Customers may not use their own carrier to return products.

    E) Terms of refund

    Following return of the product, Customers shall receive a refund of all the associated payments, excluding delivery costs and bank fees, within 30 days of reception of the returned products. Refunds are made exclusively by bank transfer. On the QRRMA form, Customers must therefore specify the bank account (IBAN and beneficiary) to which the transfer must be made.

    For further information, consult the FAQ.

    8. Payment methods

    During the order compilation phase, Customers can choose from the following payment methods:

    Credit card

    IVORY S.r.l. accepts all major credit cards that use the Visa or MasterCard circuits, including Post Office and rechargeable cards.

    If Customers choose to pay by credit card at the end of the order process, they will be redirected to a secure bank website to complete the transaction.

    Banks only authorise payment of the sum due for the purchase. The cost of the order shall only be debited to Customers’ credit cards once orders have been processed.

    If Customers decide to cancel an order, the corresponding credit card transaction is also cancelled. Re-crediting times depend on the banking system involved. With certain types of card, delays can be as long as the system permits (24 days from the date of authorisation). If Customers cancel a transaction, IVORY S.r.l. cannot be held responsible for damage, direct or indirect, incurred by banking system delays in re-crediting the payment.

    IVORY S.r.l. reserves the right to request supplementary information, including the transmission of a copy of documents demonstrating ownership of the credit card used to make the payment. In the absence of the requested documentation, IVORY S.r.l. reserves the right to refuse the order.

    PayPal

    If Customers chooses to pay by PayPal at the end of the order process, they will be directed to the PayPal login page.

    In this case, the sum due shall be debited to Customers’ PayPal accounts immediately on conclusion of the transaction.

    Confirmation of payment by PayPal may take some time, even a few hours. Payment is only accepted when Customers receive an e-Mail from PayPal confirming that the transaction has gone through.

    Under certain circumstances, PayPal may decide to review the payment, a process that can take up to 24 hours. In such cases, IVORY S.r.l. shall not dispatch the products until PayPal confirms that the payment has been made. PayPal advises Customers of such review processes by e-mail. If a Customer or IVORY S.r.l. cancels an order, the payment shall be refunded to the Customer’s PayPal account.

    Prepayment by bank transfer

    Customers may also choose to pay by bank transfer. In this case the products shall only be dispatched after the payment has been credited to the account of IVORY S.r.l.. Payments must arrive within 5 working days of the date of acceptance of the order. If payment is not received within this deadline, the order is automatically cancelled. Customers must state the number and date of the order in the reference field of the bank transfer.

    9. Problems with payments

    If problems arise with a payment made by credit card or PayPal, even after the order confirmation has been sent, IVORY S.r.l. shall not be obliged to dispatch the order. Card issuers or PayPal may need to verify payments. Under such circumstances IVORY S.r.l. is not obliged to dispatch orders until final confirmation of payment is received.

    10. Security of payments

    On-line transactions with credit card and PayPal are made through the corresponding websites, using secure servers that run SSL protocol (Secure Socket Layer). SSL communication protocol is designed to prevent the interception, alteration and falsification of messages. IVORY S.r.l. never acquires credit card details, internet banking codes or PayPal account data.

    11. Order dispatch times

    The order confirmation states the date of dispatch. IVORY S.r.l. undertakes to dispatch all paid orders within 24/48 hours. Dispatch delays vary with payment method. The fastest method is credit card. In the case of prepayment by bank transfer, IVORY S.r.l. shall dispatch the order as soon as confirmation is received that the payment has reached the company’s account (generally 1 or 2 working days). Under certain circumstances, PayPal may decide to review the payment, a process that can take up to 24 hours. In such cases, IVORY S.r.l. shall only dispatch the order when PayPal confirms that the payment has been made. Customers shall nevertheless receive a confirmation e-mail. IVORY S.r.l. also advises Customers by e-mail when orders are delivered to the carrier, and provides a link for use in tracking the order directly on the carrier’s website.

    12. Delivery times and methods

    IVORY S.r.l. places great emphasis on Customers’ satisfaction with its products and services. IVORY S.r.l. therefore tries to be as fast and reliable as possible in processing and delivering orders.

    IVORY S.r.l. delivers to the address given in the order or to the nearest authorised dental products warehouse, using a selected express carrier. IVORY S.r.l. does not use cash on delivery services.

    Customers may modify the delivery address up to the time of order processing, of which they will be notified by e-mail. After this time IVORY S.r.l. is unable to change the delivery address.

    When IVORY S.r.l. delivers an order to the carrier, it informs the Customer by e-mail of the tracking number for tracking delivery. All products are delivered the Customers at road level.

    Products may be dispatched from various European subsidiaries. In Europe, delivery times vary from 1 to 3 working days. For deliveries outside the EU, estimate delivery time (tu cosmos) are around 7/10 days. Indicated times are subject to variation for reasons of force majeure, road and traffic conditions in general and the actions of public authorities. Standard deliveries take place during office hours on week days, Monday to Friday (not holidays). IVORY S.r.l. cannot be held responsible for the carrier’s failure to respect the delivery time band requested in orders.

    The signature of a consignee is required for final delivery. It is therefore essential for somebody to be present at the specified address in order to take delivery.

    If the carrier receives no answer, he shall try again twice at the same address on subsequent working days. After the third delivery attempt, the package/s shall automatically be returned to our stores. When Customers take delivery from the carrier, they must check:

    1. That the number of packages delivered corresponds to the number shown on the delivery note or transport document;
    2. That the packaging is whole, undamaged, dry and not tampered with.

    It is not possible to verify the contents of packages until the delivery has been accepted. The carrier is only responsible for the external appearance of packages and the number of packages, but not for their content.

    13. Damage during transport

    If products are shipped by a dealer, please refer all claims to the dealer concerned.

    In the case of direct purchases:

    External damage to packaging or a discrepancy in the number of packages must be reported immediately to the carrier making the delivery. Transport documents signed and returned to the carrier should be marked “accepted with reservation: packaging damaged” or “accepted with reservation: package open” or “acceptance with reservation: packages missing”. One or more photographs of the damaged package/s and of the note of acceptance with reservation marked on the carrier’s copy of the transport document should also be taken.

    If a Customer opens a damaged package and finds that the product inside is also damaged, he should compile the QRRMA form, marking the reason “Return for damage in transport” and should upload photographs of the damaged packaging and damaged product. Even if packaging is undamaged, Customers are nevertheless recommended to check the contents for damage or discrepancies immediately after delivery. Customers should report damage or discrepancies within 5 days using the QRRMA form, marking the reason “Return for damage in transport” and should upload photographs of the damage to the product and of the note of acceptance with reservation marked on the carrier’s copy of the transport document. IVORY S.r.l. shall arrange with the carrier to collect and replace the damaged product free of charge.

    If a Customer opens a partly opened package and finds that products are missing, he should compile the QRRMA form, marking the reason “Return for damage in transport” and should upload photographs of the partly open packaging and of the note of acceptance with reservation marked on the carrier’s copy of the transport document.

    Unauthorised returns shall be returned to sender.

    If Customers fail to make a note of reservation on accepting deliveries and fail to photograph the packaging and the note of reservation, they shall be charged for the cost for collection, replacement and re-delivery.

    Shipments are made to destination at the cost stated on the invoice, using carriers appointed by IVORY S.r.l.. All goods travel at Customers’ risk. If Customers wish to insure a shipment, they must check the “Insure shipment” checkbox at the time of order, and thereby assume all related costs.

    14. Late or non-delivery

    If ordered products are not delivered or delivered after the normal delivery period of 1 to 5 working days, under Article 61 of the Consumer Protection Code, Customers have the right to request IVORY S.r.l. to deliver within a supplementary time appropriate to the circumstances (the “Supplementary Delivery Time according to Article 61, section III of the Consumer Protection Code”). If this supplementary time also passes without delivery of the purchased products, Customers have the right to cancel the contract of sale (“Cancellation of the Contract according to Article 61, section III of the Consumer Protection Code”), without prejudice to their right to compensation.

    Customers are not obliged to grant IVORY S.r.l. Supplementary Delivery Time according to Article 61, section III of the Consumer Protection Code (“Excluded Cases”) if:

    1. IVORY S.r.l. has expressly informed them of its refusal to deliver the products;
    2. Delivery within the period specified is essential, bearing in mind the circumstances surrounding the stipulation of the contract of sale;
    3. The Customer informed IVORY S.r.l. before stipulating the contract that delivery within the time specified was essential.

    In these Excluded Cases, if Customers do not receive the ordered products within the specified delivery date, they are entitled to cancel the contract of sale immediately, without prejudice to their right to compensation (“Cancellation of the Contract in Excluded Cases”).

    To invoke Supplementary Time or Cancellation of the Contract in Excluded Cases according to Article 61, section III of the Consumer Protection Code, Customers must send a request to IVORY S.r.l. at the addresses given in Article 26 below.

    If a Customer cancels the contract of sale according to Article 61, section III of the Consumer Protection Code or invokes Cancellation of the Contract in Excluded Cases, IVORY S.r.l. shall promptly refund the total paid. Refunds shall be made by bank transfer.

    If Customers do not indicate a Supplementary Delivery Time according to Article 61, section III of the Consumer Protection Code, or invoke Cancellation of the Contract under Article 61, section III of the Consumer Protection Code or invoke Cancellation of the Contract in Excluded Cases, without prejudice to their option to make use of the said rights and/or ordinary forms of consumer protection offered by the law, with particular reference to Paragraph XIV of Section II of Book IV of the Italian Civil Code, IVORY S.r.l. undertakes to:

    1. Notify Customers promptly, by e-mail, of the delay in delivery and, if possible state a new delivery date.
    2. In the event of a further delay in delivery of between 4 and 10 working days with respect to the new delivery date, authorise Customers to refuse delivery and cancel the contract, and refund the full amount paid.
    3. In the event of a delay of over 10 working days with respect to the new delivery date, or of 20 days with respect to the original delivery date, with Customers’ express consent, offer the option to accept a different product of equal or superior value, in the latter case against payment of the difference.

    15. Transport costs

    Transport costs are charged to the Customer and are calculated automatically according to the weight and volume of purchased products and the destination. To ascertain the exact transport costs, Customers can view their cart after adding the desired product.

    16. Use of platinum and diamond member discount codes

    As and when decided by the marketing department of IVORY S.r.l., Customers may receive discount codes. Discount codes are alphanumeric codes that can be entered in a dedicated field in the cart page to obtain a discount on some or all the products selected. Discount codes have expiry dates and/or may only be used a limited number of times.

    Discount codes cannot be applied to previously submitted orders.
    If a Customer confirms an order without entering a discount code correctly, or if he receives a discount code from the e-mail system of IVORY S.r.l., in one of its newsletters, or through its social channels after he has submitted an order, IVORY S.r.l. cannot apply the discount.

    If a Customer receives a discount code from the e-mail system of IVORY S.r.l., in one of its newsletters or through its social channels, he must use it before it expires in order to benefit from the discount. IVORY S.r.l. cannot accept expired discount codes.

    17. Warranty

    Purchases made through the website are protected by a 24 month warranty against manufacturing defects. To benefit from assistance under the warranty Customers must:

    1. Keep the invoice received via e-mail after the products have been dispatched. The warranty will work during 2 years starting from the invoice date. If the invoice contains products on which the warranty can not be applied (for ej. Spare parts), these products are intended as automatically excluded and will not be under warranty.

    The warranty only applies to products affected by manufacturing defects and that have been correctly operated for their intended purpose in accordance with the instructions provided in the operation and maintenance manual, where the duration of the warranty is also specified.

    If a manufacturing defect is proven, IVORY S.r.l. shall restore the product to conformity by collecting it and repairing or replacing it, or shall cancel the contract of sale and refund the full amount paid. If a manufacturing defect is claimed but not found by IVORY S.r.l. on inspection, the Customer shall be charged for the costs incurred for transport and inspection, as permitted by Legislative Decree 24/02.  If the warranty is been established between IVORY S.R.L and the Retail Partner, the Transport fees will be payed by the retail partner.

    If a fault proves not to be due to a manufacturing defect, the Customer shall be sent a report, complete with photographs, explaining the cause of the fault, along with a quotation with the cost of repair, collection and return.

    Customers may refuse the quotation and ask for the product to be returned without repair. In such cases a fixed cost of €30 will be applied, to be summed with the costs for collection and return.

    The warranty becomes null and void if:

    1. The product is repaired by personnel not authorised by IVORY.
    2. The product is repaired using non-original spare parts.
    3. The product has been tampered with.

    If for any reason IVORY S.r.l. proves unable to return the product under the terms of the warranty (duly repaired or replaced), with the Customer’s consent, IVORY S.r.l. shall replace it with an identical product (if still in the catalogue) or with one of similar characteristics and value or, if no such product is available, shall refund the money paid for the product.

    See the operation and maintenance manual accompanying each product for additional warranty terms.

    18. Repairs under the warranty

    The repair of products is documented by video from start to finish. If a fault proves due to a manufacturing defect, the Customer shall not be charged for repair costs. The warranty covers only the replacement, free of charge, of parts proven to be defective in materials or manufacture. If other causes come to light during the course of repairs, IVORY S.r.l. shall apply the provisions of Article 19 of these Terms and Conditions of Sale. The warranty on the repaired product remains valid only until the end of the original warranty. If a fault proves not to be due to a manufacturing defect, IVORY S.r.l. shall send the Customer, by e-mail, an estimate of the cost of repair. Customers may refuse the cost estimate and ask for the product to be returned without repair. Customers shall then be charged only a fixed cost of 30€ + VAT plus the cost of collection and return of the product. The warranty excludes all parts subject to normal wear, such as bulbs, carbon brushes, O-rings, etc.. The warranty likewise excludes defects caused by negligence or lack of care, incorrect installation and maintenance, repairs by unauthorised persons, damage during transport, damage caused by lime scale or impurities in the water and air circuits, malfunctions caused by lack of ordinary maintenance of filters, damage caused by other equipment (compressors, water softeners, etc.) and damage caused by circumstances not directly attributable to defects of manufacture. In the event of a fault proving to be irreparable or in the event of repeated occurrences of the same fault, IVORY S.r.l. may, at its sole discretion, replace the product.

    The warranty on the new product remains valid only until the end of the original warranty. Products shall only be dispatched after receipt of payment. For information on payment methods, refer to Article 8 of these Terms and Conditions of Sale. For further information on warranty conditions, please refer the product’s operation and maintenance manual.

    19. Repair outside the warranty

    The repair of products is documented by video from start to finish. If the estimated cost of repair is under €99.00 + VAT, IVORY S.r.l. shall proceed with the repair without asking the Customer’s permission first and shall send the Customer a proforma invoice for payment. If the estimated cost of repair exceeds this value, IVORY S.r.l. shall send the Customer a cost estimate by e-mail. Customers may refuse the cost estimate and ask for the product to be returned without repair. Customers shall then be charged only a fixed cost of 30€ + VAT plus the cost of collection and return of the product. Products shall only be dispatched after receipt of payment.  For information on payment methods, refer to Article 8 of these Terms and Conditions of Sale.

    Warranties on repairs extend for 12 months from the date of return.

    The warranty excludes all parts subject to normal wear, such as bulbs, carbon brushes, O-rings, etc.. The warranty likewise excludes defects caused by negligence or lack of care, incorrect installation and maintenance, repairs by unauthorised persons, damage during transport, damage caused by lime scale or impurities in the water and air circuits, malfunctions caused by lack of ordinary maintenance of filters, damage caused by other equipment (compressors, water softeners, etc.) and damage caused by circumstances not directly attributable to defects of manufacture. In the event of a fault proving to be irreparable or in the event of repeated occurrences of the same fault, IVORY S.r.l. may, at its own sole discretion, replace the product.

    20. Items missing from an undamaged package

    If items are missing from an undamaged package, Customers should compile the QRRMA form, marking the “missing items” checkbox, no later than 5 working days from the date of reception.

    21. Customer assistance, claims, shipping errors and lost shipments

    IVORY S.r.l. does not accept claims made by telephone.

    Customers may request assistance by logging in on our website and writing a form or by chatting with us, or may send all kinds of claim by e-mail to sos@ivory-dent.com.

    You can also use the form “We call you” and we will contact you quickly. Depending on your claim, we will give different instructions on how to proceed.

    All claims are recorded by the enterprise management software of IVORY S.r.l. and evaluated statistically by personnel under the policy of continuous improvement in service.

    The company’s Problem-Solving Office contacts Customers as soon as possible by e-mail or phone to satisfy their needs.

    22. Copyright

    Unless expressly stated otherwise, all content of this website (texts, images, drawings and videos), is the exclusive intellectual property of IVORY S.r.l. and is protected by Italian and European copyright law. Authorisation is required to use content for commercial purposes. Authorisation may be requested by sending an e-mail to e-doc@ivory-dent.com.

    23. Changes to these terms and conditions of sale

    These Terms and Conditions of Sale are subject to modification at any time and without prior notice. New Terms and Conditions come into effect from the date they are published on the IVORY-DENT.COM website.

    24. Legal information

    The contract of sale between the Customer and IVORY S.r.l. is established in Italy and is governed by European law. All controversies and civil or criminal actions arising from the interpretation or execution of this contract of distance sale shall be referred exclusively to the Courts of Milan, Italy. IVORY S.r.l. is not connected in any way to named brands. W&H®, Kavo®, Siemens®, Sirona®, Castellini®, Tecnomed-Italia®, MK-dent® Midwest®, Bienair®, Bora®, NSK®, Multiflex®, TKD®, Gentleforce®, Star® and Lares® are registered trademarks. All trademarks appearing in this website belong to their respective owners. Trademarks of third parties, product names, commercial names, corporate and company names may be the property of their respective owners or trademarks registered to other companies, and are used here purely for explanatory purposes and in the interests of the owners, with no violation of copyright intended.

    25. Products tracking declaration (only for retails)

    Retails have the obligation to record and guard the tracking information of all IVORY  S.r.l. handpieces.

    These information include:

    1. Customer Complete Name and Address
    2. Model name and Serial number (or the lot number) of each handpiece bought to IVORY S.r.l.

    RETAIL has the duty to provide, upon request, these information to IVORY S.r.l. for a  period of minimum 10 years form the date of sell and/or since the interruption of collaboration between the Retail and IVORY S.r.l.

    Furthermore, in respect of the Directive 93/42 CEE and smi, In case of accident, the Retail agrees to report, in less than 24 hours, all product’s data and all the necessary information to a correct manage of information that is duty to sent to the Qualified Authority.

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