Terms of service
This contractual document shall govern the purchase of products and services through the website www.dentaldirect.com, owned by SUMINISTROS DENTALES ALCALÁ S.L., hereinafter the PROVIDER.
Acceptance of this document implies that the USER:
- Has read, understands and comprehends the contents herein.
- Is a person with sufficient capacity to enter into contracts.
- Assumes all the obligations set forth herein.
These conditions shall have an indefinite period of validity and shall be applicable to all purchases made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and is aware of the current legislation of the countries to which it ships products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is SUMINISTROS DENTALES ALCALÁ S.L., with registered office at Paseo de la estación, 1 - BJ B - 28807 Alcalá de Henares, MADRID (SPAIN), Tax ID B85788586, registered in the Commercial Registry of Madrid in Volume 27,155, Book 20, SECTION 8, SHEET M-489194, Entry 1.
And on the other hand, the USER, registered on the website with a username and password, over which they have full responsibility for use and safekeeping, and who is responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship arising between the PROVIDER and the USER at the moment the latter accepts the corresponding checkbox during the online purchasing process.
The contractual sales relationship entails the delivery, in exchange for a specific and publicly displayed price on the website, of a specific product or service.
Purchasing procedure
The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. To this end, the USER must freely and voluntarily provide the personal data that will be requested, which will be processed in accordance with the current data protection regulations, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or of possible access by an unauthorised third party, so that the PROVIDER may proceed to their immediate blocking.
Once the user account has been created, it is hereby informed that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the purchasing procedure shall follow these steps:
- General terms of contract.
- Shipping of orders.
- Right of withdrawal.
- Complaints.
- Force majeure.
- Jurisdiction.
- General offer terms.
- Price and validity period of the offer.
- Shipping costs.
- Payment methods, charges and discounts.
- Purchase process.
- Applicable warranties.
- Warranties and returns.
- Applicable law and jurisdiction.
1. General terms of contract
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
These Conditions, together with the Privacy Policy and the Legal Notice of the Website, are the only conditions applicable to the use of the Website and the purchase of products through it, and replace any other conditions. Consequently, the User who accesses the Website, registers and purchases products through the Website agrees to be bound by the Conditions, the Privacy Policy and the Legal Notice as they are worded at the time of accessing the Website.
Every User who registers on the Website must be at least eighteen (18) years old.
2. Shipping of orders
Shipments shall be made in accordance with the conditions established in the respective section on Shipping and Delivery Times.
3. Right of withdrawal
The USER has the same rights and time limits to proceed with the return and/or claim for possible defects or faults in the product or service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of 27 March). Unless the return is due to defects in the product, shipping costs shall be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
- If the product is not returned in perfect condition.
- If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tape applied directly to the product is prohibited.
- When the product has been opened without being able to prove that it has not been used.
- For software applications that are directly downloaded through the portal.
- For customised products or those which, for reasons of hygiene or other legally provided exceptions, are not subject to this right. Any return must be communicated to the PROVIDER; for this, we only ask that you notify us in writing by email to info@dentaldirect.com indicating the necessary data to locate the purchase. For our part, when we receive your email, we will send you an email confirming receipt and indicating the procedure to follow. In this case, you must send us the products in perfect condition, no later than 14 calendar days after receipt of the products. In these cases, DENTAL DIRECT will refund the customer all costs of the original purchase. However, the customer shall bear the direct cost of returning the products.
4. Complaints
Any complaint that the USER considers appropriate will be dealt with as quickly as possible, and may be made at the following contact details:
Address: SUMINISTROS DENTALES ALCALÁ S.L., Paseo de la estación, 1 - BJ B - 28807 Alcalá de Henares, MADRID (SPAIN).
We have a complaints form available for customers, which can be requested by writing to info@dentaldirect.com.
Likewise, any questions, suggestions or comments may be directed to our Customer Service department by email at info@dentaldirect.com, by telephone at 93 735 19 59 (opening hours are Monday to Friday from 08:30 to 13:30 and from 15:30 to 20:00. Saturdays from 9:00 to 13:00).
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. Force majeure
In the event that, due to force majeure circumstances, a product is not available after the purchase has been made, SUMINISTROS DENTALES ALCALÁ, S.L. will inform the User by email of the total or, where applicable, partial cancellation of the order. The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these Conditions. SUMINISTROS DENTALES ALCALÁ, S.L. shall not be liable for delays in the delivery of orders, or for the impossibility of making them, when the cause is due to a force majeure event, and therefore outside our control. Among other causes, we understand that force majeure exists in the following cases, but without limitation: accidents; strikes; riots, threats or terrorist attacks; fire or explosion; weather events or natural disasters such as storms, floods, earthquakes, landslides, epidemics; problems beyond our control in transport or telecommunications systems. To the extent possible, once the cause of impossibility or delay has ended, SUMINISTROS DENTALES ALCALÁ, S.L. will do everything possible to resume its business activities and fulfil its obligations and deliveries.
6. Jurisdiction
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the remainder shall not be affected in any way, nor shall they be modified in any way.
The USER declares that they have read, are aware of and accept these General Conditions in their entirety.
7. General offer terms
All sales and deliveries made by the PROVIDER shall be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of SUMINISTROS DENTALES ALCALÁ S.L. or stipulated herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER; in this case, these particular agreements shall prevail. Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, provided that it does not affect the value of the products offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. Price and validity period of the offer
The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, wrapping, shipping insurance or any other additional services related to the product or service purchased.
The prices applicable to each product are those published on the website and shall be expressed in EUROS. The USER acknowledges that the economic valuation of some products may vary in real time.
Before making a purchase, you can check online all the details of the estimate: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed. Products will be sold at the indicated price, the price in effect at the time of order confirmation by the customer being the applicable one.
Once the order has been placed, prices shall remain unchanged regardless of whether products are available or not.
Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF format to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER's customer service by email at info@dentaldirect.com.
10. Payment methods, charges and discounts
The payment methods accepted by DENTAL DIRECT are:
PAYPAL/Card:
The Customer will be directed to the PayPal website, taking advantage of its secure payment platform. Once the payment process has been completed, they will be redirected back to DENTAL DIRECT.
Once on PayPal, you can pay with a PayPal account or by credit card; payment on delivery is not accepted under any circumstances.
PayPal may withhold an amount as a deposit or guarantee when attempting to make a purchase with a card on the PayPal platform (usually a few cents or €1). PayPal will refund this amount within approximately one month. The charging of this amount does not guarantee that the purchase has been completed.
11. Purchase process
To proceed with the purchase of the product, the User, who must be over eighteen (18) years of age, must select the product they wish to purchase and add it to the Cart. Once the selection of products for purchase is complete, the User must click the "Place order" icon. The products selected for purchase will then be displayed and the User must select from the available options for shipping the products to the indicated address and the payment method. Finally, the user must click the "Complete purchase" icon.
The data provided to DENTAL DIRECT through the corresponding form are identifying and enabling elements to access and make purchases and are personal and non-transferable.
12. Applicable warranties
All our products carry a two-year warranty in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, provided that the damage or defect is attributable to us.
Therefore, if the product is defective, DENTAL DIRECT will arrange for its collection and replacement with the correct one, bearing the costs associated with this return and exchange (except for any additional costs resulting from choosing an express delivery option, in which case the Customer must bear this extra cost).
In order to process the complaint, we need you to notify us by email at info@dentaldirect.com indicating:
The reason for the complaint, the order number (essential to locate the purchase), the delivery note and photos of the damaged or incorrect product so that we can assess the situation. If it is an electronic product where the Customer has entered personal data, it is the Customer's obligation to return the product without any information, content or personal data that identifies or could identify them, including third parties. To exercise the warranty right, the proof of purchase or delivery note must be available.
Once this information is received, we will contact the Customer to explain the steps to follow. You must inform us of the product's lack of conformity within two (2) months of discovering the defect. In the event that it is not objectively possible to replace the product with another of the same kind, DENTAL DIRECT will proceed with the refund of the price.
It is important that you know that our warranty does not cover:
a) Negligent or violent use of the product.
b) Damage resulting from manipulation or intervention of the product.
Furthermore, it is equally important that you always follow any instructions for use or installation of the products that we provide, and in case of doubt, you should contact us by email at info@dentaldirect.com for advice on the use of the product.
All products offered through the website are completely original, unless otherwise stated in their description. All carry a two-year warranty period.
13. Warranties and returns
The warranty on the products offered shall be governed by the following articles based on Law 23/2003 of 10 July on Guarantees in the Sale of Consumer Goods:
I) Conformity of products with the contract
1. Unless proven otherwise, products shall be deemed to conform with the contract provided they meet all of the following requirements, unless the circumstances of the case render any of them inapplicable:
They conform to the description provided by SUMINISTROS DENTALES ALCALÁ S.L.
They are fit for the purposes for which products of the same type are ordinarily intended.
They are fit for any special use required by the customer, provided that the customer has made this known to SUMINISTROS DENTALES ALCALÁ S.L. at the time of conclusion of the contract, and provided that the latter has accepted that the product is suitable for this use.
They present the quality and performance usual in a product of the same type that the customer may reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by SUMINISTROS DENTALES ALCALÁ S.L.
SUMINISTROS DENTALES ALCALÁ S.L. describes the details, technical characteristics and photographs of the products as provided by the manufacturer, and is therefore not bound by such public statements.
2. Any lack of conformity resulting from incorrect installation of the product shall be treated as equivalent to a lack of conformity of the product itself, where the installation is included in the sales contract and has been carried out by SUMINISTROS DENTALES ALCALÁ S.L. or under its responsibility, or by the USER where the defective installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity that the USER knew of or could not have been unaware of at the time of conclusion of the contract, or that originates from materials supplied by the USER.
II) Liability of the PROVIDER
SUMINISTROS DENTALES ALCALÁ S.L. shall be liable to the USER for any lack of conformity existing at the time of delivery of the product. SUMINISTROS DENTALES ALCALÁ S.L. recognises the USER's right to repair of the product, its replacement, a price reduction and termination of the contract.
III) Repair and replacement of products
If the product does not conform with the contract, the USER may choose between requesting repair or replacement, unless one of these options proves impossible or disproportionate. From the moment the USER communicates the chosen option to SUMINISTROS DENTALES ALCALÁ S.L., both parties shall be bound by it. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which repair or replacement fail to bring the product into conformity with the contract.
Any form of remedy that imposes costs on SUMINISTROS DENTALES ALCALÁ S.L. that, in comparison with the other form of remedy, are unreasonable shall be considered disproportionate, taking into account the value the product would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remedy could be completed without significant inconvenience to the USER.
IV) Rules for repair or replacement of the product
Repair and replacement shall be subject to the following rules:
a) They shall be free of charge for the USER.
This includes the necessary expenses incurred to remedy the lack of conformity of the products with the contract, in particular shipping costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable period and without major inconvenience to the user, taking into account the nature of the products and the purpose they served for the USER.
c) Repair suspends the running of the time limits referred to in Article VII. The suspension period shall begin from the moment the USER makes the product available to SUMINISTROS DENTALES ALCALÁ S.L. and shall end with the delivery of the repaired product to the USER. During the six months following delivery of the repaired product, SUMINISTROS DENTALES ALCALÁ S.L. shall be liable for the lack of conformity that prompted the repair. It shall be presumed that the same lack of conformity exists when defects of the same origin as those initially identified recur in the product.
d) Replacement suspends the time limits referred to in Article VII from the exercise of the option until delivery of the new product. The second paragraph of Article VII shall apply in all cases to the replacement product.
e) If, after repair and delivery of the product, it remains non-conforming with the contract, the USER may request its replacement, within the limits established in paragraph 2 of Article IV, or a price reduction or termination of the contract under the terms of Article V.
f) If replacement fails to bring the product into conformity with the contract, the USER may request its repair, within the limits established in paragraph 2 of Article IV, or a price reduction or termination of the contract under the terms of Articles V and VI.
The USER may not request replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
A price reduction and termination of the contract shall be available, at the USER's choice, when the USER cannot request repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER. Termination shall not be available when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction shall be proportional to the difference between the value the product would have had at the time of delivery had it been in conformity with the contract, and the value the product actually delivered had at the time of delivery.
VII) Time limits
1. SUMINISTROS DENTALES ALCALÁ S.L. shall be liable for lack of conformity that becomes apparent within a period of two years from delivery. For second-hand products, SUMINISTROS DENTALES ALCALÁ S.L. and the USER may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is deemed to have taken place on the date shown on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
3. The right to claim compliance with the provisions of the preceding articles shall lapse three years from the delivery of the product.
4. The USER must inform SUMINISTROS DENTALES ALCALÁ S.L. of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it shall be understood that the USER's notification took place within the established period.
VIII) Action against the producer
Where it is impossible or represents an excessive burden for the USER to contact SUMINISTROS DENTALES ALCALÁ S.L. due to lack of conformity of the products with the sales contract, the USER may claim directly from the producer in order to obtain replacement or repair of the product.
In general, and without prejudice to the fact that the producer's liability ceases under the same time limits and conditions as those established for SUMINISTROS DENTALES ALCALÁ S.L., the producer shall be liable for the lack of conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and the regulations governing them.
A producer is understood as the manufacturer of a product or its importer into the territory of the European Union, or any person who presents themselves as such by indicating their name, brand or other distinctive sign on the product. The party who has been liable to the USER shall have a period of one year to seek recourse from the party responsible for the lack of conformity. This period runs from the moment the remedy was completed.
14. Applicable law and jurisdiction
These conditions shall be governed and interpreted in accordance with Spanish law in all matters not expressly established herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER has their domicile outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting to the Courts and Tribunals closest to the town of Alcalá de Henares (Spain).