TERMS & CONDITIONS
This section of our Website explains to you the Terms and Conditions upon which Edison Medical™ sells and supplies its Goods listed on the edisonmed.com Website to you.
Before confirmation of your order, please be sure to:
- Read over the Terms and Conditions in this section, including the Limitation of Our Liability and Your Indemnity, and print a copy for your reference;
- Read our Return Policy and print a copy for your reference;
By placing an order for any Goods listed on the Edison Medical Website, you agree to be legally bound by these Terms and Conditions. If you do not accept these Terms, you will be unable to finalize your purchase. These Terms may occasionally be modified, updated or amended, at which time they will be immediately posted on this Website.
Edison Medical™ reserves the right to revise, modify, update and amend the Website, the Terms and Conditions, and our disclaimers at any time without providing you any notice. Your subsequent use of the Website, or any part thereof, following such a change, shall be deemed to be your acceptance of said changes. It is your sole responsibility to regularly check the Website to determine any changes in the Terms and Conditions.
This Website is owned and operated by Edison Medical / Ritter Implants GmbH & Co. KG (hereafter referred to as ‘we’/‘us’/‘our’), a private limited company registered in the USA. Our registered office is located at the address: 4310 West Avenue, San Antonio, TX 78213, USA.
By using this Website, you agree that the use of email and any other electronic communications is permitted as a long-distance means of communication. Furthermore, you hereby agree that all electronic documentation that we provide you, including but not limited to notices, Contracts, information, and any other communications, comply with any legal requirement that said communications be in writing.
Any necessary communication will be made by us to you via email, or we may provide you with information by posting notices on the Edison Medical™ Website.
The Edison Medical™ Website is intended for users and purchasers around the world. Please refer to our USA Shipping & Delivery page, or alternative our Worldwide Shipping page for any relevant details related to shipping overseas.
Parts of the Website will be accessible to users without the need to register any details with us. There will, however, be certain areas of the Website that are only accessible for those users that have registered their details with us. Any arrangements necessary on your part to make certain parts of the Website accessible to you are your responsibility. You are furthermore responsible for your account details, including your username and password, and that any person who shall have access to these private details and should access our Website using your details or your internet connection is aware of and will comply with the Terms and Conditions of the Website.
We make a reasonable effort to ensure that the Website is available for use and to view 24 hours a day every day, but this availability is not a guarantee. It may occur that the Website becomes unavailable at any time for reasons that include but are not limited to technical complications, updating/maintenance/repair of the Website, or reasons that are beyond our control. In such cases, we will make reasonable effort, where possible, to provide advance notice of the unavailability of the Website, however we are not obliged to provide any such warning or notice.
When registering on the Edison Medical™ Website, you are required to choose a username and password. You are responsible for any and all actions taken under your chosen username.
By registering on the Website you agree:
- that all details you provide to us for the purpose of Website registration and purchasing of Goods are accurate, true, complete, and current in all regards;
- to immediately notify us of any changes to the information you provided during registration or to your personal information;
- that if you are under 18, you have your parent or guardian’s permission to register with Edison Medical™ and to purchase Goods from the Website, in conjunction with and under their supervision;
- to use the Website using no one else’s but your own username;
- to make every effort to keep your password protected and safe;
- to not disclose your password to any third party;
- to immediately change your password should you discover that it has been compromised;
- to neither transfer nor sell your username and/or password to any third party, nor permit, directly or indirectly, any third party to use them;
- you authorize Edison Medical™ to transmit your personal information that you’ve provided us, including but not limited to your name and address, as well as any updated information, to obtain information from third parties about you, including, but not limited to, credit reports, and so that we may authenticate your identity.
Edison Medical™ reserves the right to terminate an agreement we have formed with you in concordance with our ‘Order Process and Formation of Contract’ below, and to suspend and/or terminate your access to the Website immediately and without any notice to you if:
- you do not succeed to make a payment to us when due;
- you breach any of the Terms & Conditions;
- you impersonate another party, person or entity;
- when requested to do so, you fail, within a reasonable amount of time, to provide us with necessary information to permit us to determine the accuracy and/or validity of any information supplied by you or by your identity;
- we suspect that you have engaged, or are intending to engage, or have been involved in any way, in illegal or fraudulent activity on the Website.
ELIGIBILITY TO PURCHASE FROM THE WEBSITE.
In order to be eligible to purchase Goods on the Website and lawfully enter into and form a Contract with us, it is required that you:
- are 18 years of age or older;
- are legally capable of entering into a binding Contract;
- provide the full details of a delivery address.
If you are under the age of 18, you are only permitted to use the Website in conjunction with, and under the supervision of, your parent or guardian. If you do not meet one of the aforementioned requirements, you may not use our Website.
The prices of all Goods are listed on the Website.
Please refer to our Shipping & Delivery (USA) page for information on shipping costs.
Unless stated otherwise, the quoted prices exclude tax and delivery charges, both of which will be added to the total amount due from you at their current rate, at the time of purchase.
Edison Medical™ reserves the right, by giving prior notice to its customers at any time before delivery or before the carrying out of our obligations to our customers, to increase the price of Goods to reflect any increase in cost to us due to any factor beyond our control (including but not limited to any foreign currency exchange fluctuation, a significant increase in the cost of labor, materials or other costs of the manufacturing process). In the unlikely event that this occurs, you, the customer, will be entitled to cancel your order at any time before delivery.
Payment can be made as a prepayment via PayPal, which also accepts non-user, one-time guest credit or debit card payments.
By placing an order, you consent to a payment being charged to your PayPal/debit/credit card account as you have provided it to us upon checkout.
Payment will be debited and deducted from the relevant account before dispatch of Goods to you.
When you pay for your order by debit/credit card, we carry out certain checks that include obtaining authorization from your card issuer to ensure your account contains adequate funds and for security purposes. This may involve the validation of your name, address and other personal information supplied by you to Edison Medical™ during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting the aforementioned Conditions you:
- agree that all the details you provide to Edison Medical™ for the purpose of purchasing Goods are correct and that the payment card for which you have provided us the details is your own and that there are sufficient funds to cover the cost of the ordered Goods;
- agree that any and all Goods ordered by you are for your own private and/or domestic use only and are not intended for resale;
- authorize Edison Medical™ to transmit the payment and delivery information you have provided to Edison Medical™ during the order process (including any updated information) for the purpose of obtaining authorization from your card issuer to ensure you possess adequate funds, to confirm and authenticate your identity, to validate your payment card and for any additional security reasons, such as fraud prevention.
We shall contact you in the case that any problems occur with the authorization of your card.
We will take all reasonable care possible, as much as is in our power to do so, to keep all details of your order and payment secure. However, in the absence of negligence on our part, Edison Medical™ cannot be held liable or responsible for any loss you may incur if a third-party gains possession of unauthorized access to any data you provide when accessing, or ordering from, the Website.
ORDER PROCESS AND FORMATION OF A CONTRACT.
All orders from the Website are subject to acceptance by Edison Medical™ and individual-basis availability. If any good(s) ordered is/are not available, you will be notified by email as quickly as possible and you will have the option to either wait until the item is available or to cancel your order entirely. It is your responsibility to provide us with a valid email address so that we may contact you regarding your order if necessary.
Any order placed by you represents an offer made by you to purchase Goods from us. All such offers received from you are subject to acceptance by us. We at Edison Medical™ reserve the right to refuse any order placed at any time by you prior to its acceptance, without providing an explanation.
You, the customer, are responsible for ensuring that the details you have provided during the order process are correct and accurate. Edison Medical™ will not accept an order unless all of the requested details of you, the customer, have been provided.
You agree that if we contact you to acknowledge receipt of your order, that such communication does not declare our acceptance of your offer to purchase Goods ordered by you from the Website.
A Contract between you and us incorporating these Conditions will subsist only after we have debited the total amount due from your PayPal account or payment card and we have confirmed that the Goods have been dispatched. We will send you a Confirmation Notice by email once these actions have been completed.
The Confirmation Notice will serve as the equivalent of acceptance of your offer to buy Goods from us. The Contract will only be formed and in place when we send you the Confirmation Notice (regardless of whether or not you receive it).
Where we agree to supply Goods to you permanently or on a continuous (ongoing) basis, such as by long-term Contract of provision, those Goods will be provided for a minimum fixed period of time (hereon referred to as ‘the Length of Minimum Duration’) shall depend on which product you have selected to purchase and its availability.
The Contract will relate only to the Goods declared in the Confirmation Notice. We are not obliged to supply any other Goods which may have been included in your order until we have sent you a separate Confirmation Notice regarding those other Goods.
You must verify that the details stated in the Confirmation Notice are correct and you should print out and keep a copy of the Confirmation Notice for your own records.
You will be subject to the version of our policies and Conditions in force at the time that you place your order for Goods from us, unless any change to the stated policies or Conditions is required to be made by order of law or governmental authority.
We will notify you of any change(s) to our policies or to these Conditions before we send the Confirmation Notice to you, in which case we are entitled to assume that you have accepted these changed and the subsequent new policies and Conditions, unless we receive written notification from you that states the contrary within seven working days of our sending the Confirmation Notice.
Goods will be delivered to the shipping address you provided us during the order process, which may be an address different than the billing address.
We employ professional carriers to deliver your Goods from our facility to the shipping address you have provided us. Nevertheless, you must examine the Goods upon arrival. If you are required to provide your signature upon delivery, you are responsible for examining the Goods before signing for them. All Goods are required to be signed for by an adult of 18 years of age or older upon delivery.
Any dates quoted for delivery of Goods are only approximate. If no date is specified, delivery will take place within 30 days or that which is deemed a reasonable amount of time from the date of the Confirmation Notice, unless exceptional circumstances exist. We will not be liable for any delay that may occur in delivering Goods.
Goods may be sent to you in separate installments.
For deliveries on local holidays, we will attempt to dispatch all Goods within 24 hours, but cannot guarantee that dispatching time on local holidays and weekends.
RISK AND TITLE.
Goods will be considered your responsibility and at your risk from the moment of delivery.
Ownership of Goods will only pass to you when we receive payment in its entirety of all balances due with respect to said Goods, including tax and the cost of delivery.
The content of the Website is protected by copyright (including design copyrights), patent, trademarks, database and additional intellectual property rights, as well as similar proprietary rights which include, but are not limited to, all rights involving works, materials, techniques, data, computer programs, source codes, technical information, trading business brand names, goodwill, the style or presentation of the Goods or services, marketing schemes and strategies, creations, inventions or improvements/additions to an invention, know-how and any research effort relating to Edison Medical™ / Edison Medical™ / Ritter Implants GmbH & Co. KG, confidential information, moral rights and any homologous rights in any country (both registered and unregistered, and including applications for and the right to apply for them in any part of the world). You furthermore acknowledge that the intellectual property rights in the content and material provided as part of the Website shall remain with us and/or our licensors.
You are permitted to download or copy the content and other downloadable items and information displayed on the Website under the condition that the material shall only be used for personal and non-commercial purposes. Copying or storing content from the Website for anything other than personal use is strictly prohibited.
You are permitted to retrieve and display the content of the Website on a computer screen, store said content in electronic form on a disk (however not on any server or other storage device linked to a network), or print one copy of said content for your personal, non-commercial use, provided that you keep all and any copyright and proprietary notices intact. You are not permitted to otherwise reproduce, copy, modify, distribute or use any material or content on the Website for commercial purposes.
You hereby acknowledge that any other use of the content and material of the Website is expressly prohibited and you agree to not (and in addition agree to not assist or facilitate any third party to) reproduce, copy, transmit, distribute, publish, display, commercially exploit or create derivative works from aforementioned content and material.
No license is granted to you under these Conditions to use any of our trademarks or those of our affiliated companies.
Goods sold by Edison Medical™ and Edison Medical™ Website content may be subject to copyright, trademark and/or other intellectual property rights in favor of third parties. We acknowledge those rights.
Edison Medical™ / Ritter Implants GmbH & Co. KG offer a wide range of product systems that are compatible with the majority of leading implants companies available on the market, which are listed on our Implant Compatibility Disclaimer page.
Registered trademarks are owned by their respective companies and there is no commercial relationship with Edison Medical™ and/or the Edison Medical™ / Ritter Implants GmbH & Co. KG brand. Its mention is made for the proper identification purpose of the dental implant with which the Edison Medical™ abutments can be used.
LIABILITY AND INDEMNITY.
Notwithstanding any other stated provision in the Conditions, nothing will affect or limit your statutory rights, nor will it exclude or limit our liability for:
- Death or personal injury resulting from our negligence;
- Fraud or fraudulent misrepresentation;
- Action pursuant to section 2(3) of the Consumer Protection Act 1987;
- Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
The Website is provided on an ‘as is’ and ‘as available’ basis with no representation or endorsement made and we make no guarantees or warranties, neither express nor implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) related to the materials, content, information or services found or offered on the Website for any specified purpose or any transaction that may be carried out on or through the Website including but not limited to, implied warranties of timeliness, compatibility, performance, non-infringement, accuracy, condition, completeness or security, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind, express or implied, neither statutory nor otherwise regarding the availability of access to or services of the Website. That includes no representation or warranty that the Website will be timely or free of error, that any existing defects will be corrected, or that the Website or the server on which it operates and makes it available are free of bugs or viruses.
We will not be held responsible, nor will we be held liable to you for any loss of material or content uploaded or transmitted through the Website. We furthermore accept no liability of any kind for any loss or damage incurred as a result of action taken in reliance on information or material contained on the Website.
We are not able to guarantee, nor can we be held responsible for the privacy or security of the Website and any information provided by you. You are responsible for bearing the risk associated with the use of the internet. Furthermore, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, any adware, spyware, trojans, worms, viruses, logic bombs, keystroke loggers, or any other material that is malicious or has the potential to be technologically harmful and potentially infect your computer, computer server, peripheral computer equipment, computer programs, data or any other proprietary material’s harm that results from your use of the Website or any downloading you may execute of any material or information posted or sold on the Website or from any Website (third party included) linked to it.
We will use all reasonable endeavours in order to carry out our obligations to you within a reasonable period of time, but will not be held liable by you for any loss, expense or costs that may arise directly or indirectly from any delays that occur in doing so.
We will furthermore not be liable, in Contract or tort (including, but not limited to, negligence), or with respect to pre-Contract or other possible representations (apart from fraudulent misrepresentations), or otherwise for:
- any incurred economic losses (including but not limited to profits, loss of revenues, business, Contracts, or anticipated savings and any other possible consequential loss);
- or any loss of reputation or goodwill;
- or any indirect or special losses;
- or any loss of data;
- or office time or wasted management;
- or any other damage or loss of any kind incurred or suffered arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website, nor any aspect in relation to your purchase of the Goods from the Website, even if such losses are foreseeable or are the result of a deliberate breach of these Conditions by us that would otherwise entitle you to terminate the Contract between you and us or as the result of any action we may take or have taken as a response to your breach of these Conditions.
With no prejudice to the Terms of this clause and should the event occur that we are unable to rely upon the clause, our liability for any and all losses you may suffer resulting from us breaking the Contract, whether it is deliberate or not and for any reason as defined within the present Terms and Conditions, is strictly limited to the price sum that you paid for the Goods you purchased.
By making a purchase on the Website, you thereby agree to fully defend, indemnify and hold us, in addition to our officers, directors, employees, affiliates and suppliers, harmless immediately on demand, both from and against all claims, which shall include but is not limited to losses (including loss of revenue, profit, reputation or goodwill), expenses and costs (including reasonable legal and/or administrative costs) that may arise out of any breach of these Conditions by you, or any other potential liabilities that may arise out of your use of the Website or the use by any other person of the Website using your personal information with your authority to access it.
This clause does not affect your statutory rights as a consumer, nor does it affect your Contractual cancellation rights.
We shall not be held responsible nor liable for any delays or failures in delivery or the carrying out of our obligations to you that result from any event, act, failure, omission or accident that is outside of our control (‘Force Majeure’), which may include but are not limited to:
- Any type of industrial action, such as strikes or lock-outs;
- Shortages of necessary means of production such as power, labor, fuel or raw materials;
- Supplier performance being either defective, late or the lack thereof;
- Technological disruptions caused by computer network failures, public or private telecommunication or equipment breakdown;
- Civil commotion or unrest such as war (whether or not it is declared) or the threat and/or the preparation for war, invasion, rioting, terrorist attack or a threat of terrorist attack;
- Extreme weather conditions such as storm, flood, fire, earthquake, epidemic, subsidence or any other debilitating natural disasters;
- Transport disruption such as impossibility of the use of motor transport, aircraft, shipping, railways, or any other means of public or private transport required to move Goods;
- Acts, legislation, decrees, restrictions or regulations of any government;
- Other potential causes, whatever they may be, which are beyond our reasonable control.
For the duration for which the Force Majeure event continues, our performance will be suspended, and we will be allowed an extension of time for performance that will last for the duration of that period. We will, within reason, use our endeavours to attempt to minimize any delay that is caused by Force Majeure, or we will find a solution in which we are able to perform our obligations to you, despite the Force Majeure event. We shall notify you as promptly as we are able of any Force Majeure event providing the details of it, as well as (if we are able) the extent of the event and the likely duration of any delay, should we foresee one.
In the case that the period of non-performance or delay in relation to a Force Majeure event exceeds 30 days from the date on which we notified you of the event of Force Majeure, either you or us are entitled to, by written notice to the other, terminate the Contract with service effective immediately.
We will not provide, distribute, sell, or lease your personal information to third parties unless we have your prior consent, or if we are required by law to do so. We may, however, use your personal information, if you grant us the permission to do so, to send you promotional information about third-parties which we think you may find interesting. You may at any time request the details of any of your personal information that we hold about you, as required under the Data Protection Act of 1998. A small fee will be payable. To obtain a copy of the information we hold about you please write to: Edison Medical, 4310 West Avenue, San Antonio, TX 78213, USA.
THIRD PARTY RIGHTS.
Except for our directors, employees, affiliates or representatives, any person who is not a party to the Contract between us and the purchasing party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This does not affect any right or remedy of a third party that exists or is available apart from that Act.
LINKING TO THE WEBSITE.
You may not, without first obtaining prior written consent from us, create a link to the Website from any other source, including another Website or document.
Unless otherwise explicitly written and consented to by us, the link must:
- Lead to the Website’s homepage;
- Be established from a Website or document that is owned by you and does not contain content that is controversial, offensive, infringing the intellectual property rights or any other rights of any other person or does not comply in any way with the law in the USA and the law in any country from which they are hosted;
- Be provided in such a way that is legal, fair and does not damage or take advantage of our reputation;
- Be established in such a way that does not suggest, where it does not exist, any form of association, endorsement or approval on our part.
In the case you are given permission to link to our Website, we hold no obligation to inform you if the address of the Website or its home page should change. You are entirely responsible for ensuring that any link you provide to our Website or homepage is accurate at all times.
We reserve the right to withdraw our consent for you to link to our Website without notice or reason. You are obligated to immediately remove the link upon receival of such notice and inform us once the link has been removed.
All notices given by you to us must be given either by email or by post. The email address to be used for any notices is [email protected]. The postal address to be used for any notices is:
4310 West Avenue
San Antonio, TX 78213
We may give notice to you as is described in the ‘Communications’ clause above, using email or electronic means as an acceptable form of long-distance communication.
Any communicated notice will be deemed received and properly served either:
- 24 hours after an email is sent,
- three days after the date of posting of any letter, or
- from the moment it is posted to our Website.
If it shall be necessary to provide proof of communication or notice, it will be sufficient to provide proof that, in the case of a letter, such letter was properly addressed, stamped and placed in the mailbox. In the case of an email, it will be sufficient to provide proof that such email was sent to the specified email address of the addressee.
GOVERNING LAW AND JURISDICTION.
The Website is controlled and operated in the USA.
Every purchase you make shall be deemed as performed in the USA.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of the USA and you irrevocably agree to submit to the exclusive jurisdiction of the courts of the USA.