GTB OF THE ONLINE SHOP
TABLE OF CONTENTS
- Formation of Contract
- Pick-up from the place of business
- Delivery, Forwarding Expenses
- Granting of rights of use for digital content and software licences
- Reservation of title, Rescission of Contract
- Due date and payment
- Warranty and liability
- Privacy, Copyright, Trademarks
- Final provisions
These General Terms of Business (GTB) are applicable to business relations between Flegis d.o.o., a subsidiary of PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) (hereinafter: PRIME DENTAL (A SUBSIDIARY OF CURADEN AG)) and consumers or businesses (hereinafter "customer" or "customers") in the latest version that is available when you open the website or order products with respect to the products displayed by PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) in the online shop.
These GTB shall apply, mutatis mutandis, to contracts for the provision of digital content, software licenses or coupons, unless expressly agreed otherwise. When supplying software licences, the seller's obligation is to provide a licence key enabling use of the software sold. The customer does not acquire any intellectual property rights to the software. Regarding the characteristics of the software, the relevant product description is authoritative.
These GTB may apply to contracts concerning products (goods or services) provided in the form of either a one-time delivery or an ongoing supply ("subscription agreement"). In the case of a subscription agreement, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) undertakes to supply the required product throughout the agreed effective period of the contract.
From time to time, the Privacy Notice or the present GTB of the online shop may be adapted, supplemented or modified. Whenever you access or visit the website, the version of the website accessible at that time shall be the authoritative version. Please visit this page regularly to view the latest rules. We shall keep you informed of any substantial changes in this Privacy Notice by displaying a notice on our website and/or mobile apps as well as an updated version of the Privacy Notice. If you do not agree with the modified rules, please inform us of your objection by sending an e-mail to email@example.com and delete your user profile, if you have created one, by the effective date of the changes. Without your cancellation, you user profile will continue to be displayed under the new rules even after the effective date of the changes.
A “consumer” for the purposes of these GTB means any individual who enters into legally binding transactions for purposes that are not primarily commercial and/or attributable to independent business activities. A “business” for the purposes of these GTB means an individual or legal entity or partnership with legal personality that enters into a legally binding transaction in the exercise of commercial or independent business activities.
Orders and deliveries are possible only within Switzerland and Liechtenstein. Orders may be placed exclusively by residents of Switzerland or Liechtenstein who are at least 18 years of age or have obtained the signature of their legal representative.
Exclusively these General Terms of Business are applicable. PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) will not recognize any of the customer's terms of business that contradict and/or differ from the present Terms of Business unless PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) expressly consents to such terms in writing in the specific case.
Every order of goods requires registration as a customer and/or creating a user profile at PRIME DENTAL (A SUBSIDIARY OF CURADEN AG). Multiple registrations under different names or addresses is prohibited.
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) may revoke its authorization at any time without stating any reasons. In that case, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) is entitled to block and delete the user name and associated password immediately.
3. Formation of Contract
The presentation of the PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) product range in the online shop does not constitute an offer to enter into a purchase agreement with the customer. It is not binding.
By clicking on the “Buy now” button, the customer makes a binding offer to buy.
By placing an order with PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) on the internet (online shop), by e-mail, telephone, fax or other channel of communication, the customer makes an offer to enter into a binding purchase agreement with PRIME DENTAL (A SUBSIDIARY OF CURADEN AG). The customer will receive a confirmation of receipt of the order ("Confirmation of Receipt of Order"). That confirmation does not constitute acceptance of the offer but merely informs the customer that PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) has received the order. PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) will inform the customer of any errors in the information about the product range on the website and make the customer a corresponding counter-offer where appropriate.
The contract with PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) is formed when PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) expressly accepts the customer's offer ("Order Confirmation") or when PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) sends the product ordered to the customer.
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) acceptance is subject to the legality of the order and the availability of the ordered goods or services. If PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) cannot accept the customer's order the customer will receive a notice of unavailability instead of acceptance of the order. Products that cannot be delivered temporarily will be reserved for the customer and the customer's order shall remain valid.
The prices in effect at the time of purchase and placement of the order in South African Rands (ZAR) shall apply to the purchase and ordering of goods and services. We reserve the right to price changes.
Price changes are possible, in which case the price in effect at the time of placement of the order shall be applicable.
All prices contain Value Added Tax (VAT) at the legal rate (15%).
The prices do not include additional forwarding expenses between PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) and the customer.
5. Pick-up from the place of business
Subject to prior arrangement by telephone, the customer can pick up the product from an agreed place of business of PRIME DENTAL (A SUBSIDIARY OF CURADEN AG).
In case of product pick-up, the contract with PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) is formed when PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) expressly accepts the customer's offer ("Order Confirmation") or when PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) hands the product over to the customer.
6. Delivery, Forwarding Expenses
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) shall deliver the goods ordered as quickly as possible to the address given by the customer in the order. PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) is entitled to deliver goods or perform services in more than one instalment to the extent reasonable for the customer. Whenever PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) makes deliveries in several instalments, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) shall assume any extra postage costs.
The delivery shall be made according to the forwarding expenses stated in the specific case.
The delivery time within South Africa is usually 1 to 3 working days. Information provided about the estimated delivery time is not binding.
All orders under R1500 (inc VAT) will be charged a delivery fee of R125. All orders over the value of R1500 will qualify for free delivery.
7. Granting of rights of use for digital content and software licences
Unless stated otherwise in the description of the content in the PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) online shop, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) grants the customer a non-exclusive right, limited in time and space, to use the content made available for private and/or business purposes.
The delivery of a licence key for a software licence entitles the customer to use the software and/or content indicated in the relevant product description and licence provisions to the extent described therein.
Any transfer of the contents to third parties or making of copies for third parties beyond the scope of these GTB and/or of the licence provisions is not permitted without the seller's consent to such transfer to third parties of the license under the contract.
The right thus granted shall not enter into effect until the customer has paid the stipulated contractual fee in full.
8. Reservation of title, Rescission of Contract
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) reserves title to all the goods delivered until payment in full.
If the customer breaches the contract, particularly by failing to meet the payment obligations despite receiving a reminder from PRIME DENTAL (A SUBSIDIARY OF CURADEN AG), PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) may rescind the contract, after setting a reasonable grace period, and demand the return of the goods to which PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) still retains title. The recovery or attachment of the goods by PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) constitutes rescission of the contract. Any resulting forwarding expenses incurred shall be borne by the customer. PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) is authorized to sell the goods after recovery.
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) reserves the right to refrain from entering into a contract in case of the negative outcome of a credit check.
10. Due date and payment
In the ordering process, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) accepts only the payment methods displayed to the customer (in the online shop). PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) reserves the right to agree with its customers in writing to payment methods other than those mentioned in this section.
For payment processing via the online shop, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) uses the payment solution PAYU (3rd Floor, Pier Place Heerengracht, Jetty Street Cape Town, 8001), in order to allow the customer safe and secure payment by credit card or possible alternative means of payment.
The purchase price and any forwarding expenses are due and payable upon formation of the contract, subject to paragraph (3). If cash in advance by bank transfer is agreed upon, the payment is due and payable immediately after formation of the contract, unless the parties have agreed to a later due date.
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) may demand without stating any reasons cash in advance. The order will be processed after receipt of payment.
If the customer defaults on payment, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) is entitled to charge a flat-rate reminder fee specified in the ordering process. The foregoing is without prejudice to PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) right to claim further compensation, particularly for the costs of debt enforcement through a collection agency or attorney.
Coupons for the PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) online shop must be redeemed before completion of the ordering process and no deduction will be permitted thereafter.
Coupons are redeemable exclusively under the terms and conditions indicated on the coupon and for the product groups specified on the coupon. Certain products may be excluded from the coupon campaign.
Coupons or legally permissible discounts (e.g., volume discounts) cannot be applied cumulatively to an individual order. Coupons cannot be redeemed for cash.
The coupon is transferrable. PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) can effectively discharge its obligations by tendering performance to any bearer of the coupon who redeems it in the online shop.
Customers are entitled to cancel their declaration of consent to enter into the agreement, without stating any reasons, by returning the goods to PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) within no more than 30 days after receipt of the goods. In addition, any notice of cancellation must be given by the Customer in writing within the same time limit (e.g., by letter, e-mail, fax), counting from the date of dispatch or pick-up of the goods. In order for the Customer to meet the time limit for cancellation, it suffices to dispatch the goods within the time limit. Written notice of cancellation must be sent by letter to the address specified in item 13 or by e-mail to firstname.lastname@example.org. The Customer shall bear the burden of proof of having dispatched the goods to be returned.
Cancellation is prohibited and ineffective in the following cases:
Deliveries of goods that were custom-made products especially for the Customer or tailored to the Customer's personal needs. The Customer is required without exception to take delivery and pay for all components without exception;
Deliveries of pharmaceutical products are non-returnable;
In case of effective cancellation or rescission of the contract, both parties shall provide restitution for any goods or payments already received. If the goods received by the Customer can only be returned in damaged condition, the Customer shall compensate PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) for the loss in value.
The Customer shall bear the costs and risks of return, unless the goods delivered do not match the order.
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) will exercise its right to withhold any refund until the goods have been returned in full.
In case of exclusion of cancellation and return, the Customer shall bear the costs of return shipment to the Customer in case of returning the goods to us.
12. Warranty and liability
If the delivered goods are defective at the time of the passage of risk, (e.g., manufacturing defects), or in case of incorrect delivery, the customer is exclusively entitled to the right of subsequent repair or exchange (replacement). If the replacement is unsatisfactory, the customer is entitled to cancel the purchase. The claim shall lapse if the customer fails to give PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) notice of the defect or improper delivery within 14 days after receipt of the goods by e-mail email@example.com, by telephone (011 788 9799)
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG)’s liability is subject to the applicable statutory provisions. PRIME DENTAL (A SUBSIDIARY OF CURADEN AG)’s liability is excluded in cases (i) of ordinary negligence, (ii) indirect and consequential damages and lost profit, (iii) unrealized savings, (iv) losses from late delivery, and (v) any actions or omissions by PRIME DENTAL (A SUBSIDIARY OF CURADEN AG)'s vicarious agents, whether based in contract or in tort.
Moreover, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) shall not be liable for loss or damage attributable to any of the following causes:
- storage, configuration or use of the products in a manner that it is improper, contrary to the contract or illegal;
- use of incompatible spare parts or accessories (e.g., power supply);
- omission of servicing and/or improper modification or repair of the products by the customer or by a third party;
- official orders or cases of force majeure, particularly damage caused by natural disasters, moisture, falls and impacts, etc., beyond PRIME DENTAL (A SUBSIDIARY OF CURADEN AG)'s control.
Any service provider hired to supply goods or provide services shall be liable for any resulting defects, delayed performance and loss or damage arising from the service provider's performance.
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) shall not be held liable for any misprints in advertising materials, data errors in the online shop, incorrect price tags, errors in product illustrations, photographs, descriptions or other texts, e.g., in coupon or discount campaigns, or late or omitted deliveries.
Offeror and contract partner for the offers on this website:
PRIME DENTAL (A SUBSIDIARY OF CURADEN AG)
57 DOUGLAS AVE, CRAIGHALL, JOHANNESBURG, SOUTH AFRICA 2196
14. Privacy, Copyright, Trademarks
All rights to trademarks, images and copyrights [for the relevant products] are held by PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) or its partners. Downloading, storage, copying, printing of data, images and PDF files, even in excerpts, is prohibited without Curaprox/Curaden's written approval. All rights reserved. Any use by the customer for purposes other than the intended use of the relevant product is prohibited.
We at Prime Dental respect your right to privacy.
Where we refer to “personal information”, it means “personal information” as defined in the Protection of Personal Information Act, 4 of 2013 (“POPI“), and “personal data” as per the General Data Protection Regulation 2016/679 (“the GDPR“). Personal information includes any information about a person that can be used to identify a person directly or indirectly. It includes information like a name, an identification number, location information, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. POPI includes the personal information of juristic persons in its ambit – so we will protect the personal information of juristic persons in the same manner as any other person’s personal information.
For any comments or queries relating to this policy, please contact our general manager and information officer – Richard Meyer – firstname.lastname@example.org
The personal information we collect
We collect, amongst others, the following personal information:
- personal details, such as your name, email address or telephone number;
- billing information, such as relevant payment information and VAT registration number;
- legally required information, which includes any additional information that the law requires from us to verify your identity.
How we collect personal information
Directly from you when you use our website or complete an account application form for any of our services or if we request it from you.
Use of your personal information
We may use your personal information for any legitimate business purposes relating to our services and/or business activities. Some of the purposes for which we use your personal information include:
- responding to your queries posted on our website or emailed to us;
- onboarding you as a client and verifying your identity (as required by law);
- providing you with our services;
- referring you to other service providers with your consent;
- improving our website and services by analysing certain information collected, including cookies and other related information;
- sending you information (in the form of our newsletter) and inviting you to events; and/or
- complying with our regulatory or other obligations.
When you become a client, you will be added to our mailing list. We use this mailing list to send you important information about our business, the services we offer, legal developments, news and event invitations. You can also add yourself to our mailing list on our website.
You can unsubscribe from our mailing list at any time which will result in us no longer marketing to you. We include a link in every marketing communication allowing you to unsubscribe from marketing communication and you can email us to ask us to remove you from our mailing list
If you unsubscribe from our mailing list, we may still contact you in other instances, such as in the course of providing you with services or to collect outstanding fees.
Sharing your personal information?
We will only share your personal information for purposes of providing services to you or any other legitimate business purpose relating to our business activities, including but not limited to, the protection of our or your rights, complaints, marketing, or enforcing any agreement between us.
Where required for our business operations, we may share your personal information with our service providers. We only share information with service providers after we enter into an agreement with the service provider to regulate the way in which the personal information will be secured.
Where the law requires us to do so, we may also share your personal information with third party service providers, agents, contractors, employees, law enforcement agencies or business affiliates. We will only share your personal information in these instances where it is necessary for us to do so and only to the extent that your personal information is needed for such third parties to perform their services or obligations.
Will we send your personal information trans-border?
We may transfer your information cross border for our legitimate business purposes, such as for cloud storage and for our billing practices. All information transfers will comply with the applicable laws.
We will take all reasonable steps to ensure that your personal information is protected. We protect and manage personal information that we hold about you by using electronic and computer safeguards like firewalls, data encryption, and physical and electronic access control to our buildings. We only authorise access to personal information to those employees who require it to fulfil their designated responsibilities.
Links on our website
We may include links to other third party websites which do not fall under our supervision. We cannot accept any responsibility for your privacy or the content of these websites, but we display these links to make it easier for you to find information about specific subjects.
Right to object
You may, on reasonable grounds, object to us using your personal information. If you object, we will stop using your personal information, except if the law allows its use.
Lodging a complaint
If you believe we are using your personal information unlawfully, please let us know first (on email@example.com | 011 788 9799). You may lodge a complaint to the Information Regulator (South Africa) with the following contact details:
- Website: https://www.justice.gov.za/inforeg/index.html.
- Address: SALU Building, 316 Thabo Sehume Street, Pretoria.
- Contact number: 012 406 4818.
- Fax number: 086 500 3351.
- Email: firstname.lastname@example.org.
Children’s personal information and special personal information
We do not intentionally collect or use personal information of children (persons under the age of 18 years), unless with express consent of a parent or guardian or if the law otherwise allows or requires us to process such personal information.
Quality and access to your personal information
We want to ensure that your personal information is accurate and up to date. You may ask us to correct any personal information that you think is inaccurate or request us to remove your information by sending an email to email@example.com.
You have the right to request us to provide you with personal information that we hold about you. You must contact us directly to do so or send an email to firstname.lastname@example.org.
Retention of Information
We will report any security breach to the Information Regulator and to the individuals or companies involved. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your personal information, kindly notify us by sending an email to email@example.com .
15. Final Provisions
All legal relationships between the Customer and PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) are subject to Swiss South African law
The place of jurisdiction shall be Johannesburg South Africa. Notwithstanding the foregoing, PRIME DENTAL (A SUBSIDIARY OF CURADEN AG) also has the right to sue the Customer at the competent court of the Customer's domicile/place of residence, or at any other competent court.
If any individual provisions of these GTB, including the present clause, is or becomes inoperative in whole or in part, or if an omission is found in these terms and conditions, then the validity of the rest of the GTB shall not be affected thereby. The inoperative or missing provisions shall be replaced by the applicable statutory provisions or, in the absence thereof, by such provisions as reflect the meaning and purpose of the inoperative provision.