Terms and Conditions
This Agreement was last modified on 18 February 2016.
Welcome to the online store of Dentimed USA at dentimedonline.com. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity and Dentimed USA, concerning your access to and use of the dentimedonline.com website as well as any other subdomains, and mobile website.
When you shop with us (or access our services, apps and websites (our “Websites”)),, you agree to these conditions. Please read them carefully.
Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
LICENSE AND ACCESS
Subject to your full compliance with these Conditions of Use and any applicable Service Terms, and your payment of any applicable fees, Dentimed grants you a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and make use of the Dentimed Services. The mailing address for Dentimed, Inc is ________ Sunrise, FL ______. Unless otherwise noted, all design and content featured on dentimedonline.com-including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Dentimed USA. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Dentimed USA. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Dentimed USA. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
By agreeing to these Terms of Service, you represent that you are over 13 years old and at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
YOUR ACCOUNT
You may need your own customer account to use certain Dentimed Services, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or account. We have no obligation to investigate the authorization or source of any such access or use of Dentimed Services. Dentimed does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Dentimed Services only with the involvement and permission of a parent or guardian. Dentimed reserves the right to refuse service, terminate accounts, terminate your rights to use Dentimed Services, remove or edit content, or cancel orders in its sole discretion.
PLACING ORDER
When you place an order, you should receive an acknowledgment e-mail confirming receipt of your order. We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).
You may be able to cancel or change your order within a short period of ordering – timings depend on your chosen delivery method.
All orders are subject to availability and confirmation of the order price. Don’t worry, if there’s an issue with an order, we’ll get in touch with you.
Very occasionally, we may need to refuse or cancel an order or close or freeze an account (even if we have previously confirmed your order) – e.g. if we notice something unusual on an order or an account. If this happens to you and you think we’ve made a mistake, please don’t take offense – get in touch with Customer Care and they’ll be happy to speak to you about it.
DELIVERY TERMS
Before you finalize your order, you’ll be given various delivery options to choose from with estimated delivery time and dates depending on the delivery address.
We work hard to try to meet all delivery times but sometimes there may be delays – e.g. because of postal/carrier delays, logistics or bad weather. We will keep you updated as much as we can and you should be able to track your order progress.
Please check out our Delivery and Returns Page for more info. Any problems with your delivery? Please let us know within 30 days of the date which your order should have been delivered and we’ll do our best to help you.
RETURNS, REFUNDS
PRICING
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
If we discover an error for any goods you’ve ordered, we will tell you immediately and give you the option of reconfirming your order (at the correct price) or canceling it. If we can’t get in touch with you, we will treat the order as canceled. If you cancel and you’ve already paid, we will refund you in full.
Prices don’t include VAT, they are calculated on checkout. Depending on the value of your order or the delivery option or address you choose, delivery costs may also be charged.
Depending on the value of your order or the delivery option or address you choose, delivery costs may also be charged. Such additional charges will be clearly shown during the checkout process and included in the ‘Total Cost’.
Prices for our products are subject to change without notice.
RESTRICTIONS ON ACCESS AND USE
You must not misuse or tamper with our websites, apps or other services (“Websites”) (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our tech or functionality or steal our or our customers’ data. Doing any of these things may be a criminal offense, but they also get in the way of us giving our loyal customers the best service, so we take them really seriously. Dentimed will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.
We recommend you use virus protection software when using any website, including ours. Although we have a dedicated team who work hard to stop people messing with our Website, we can’t guarantee that it will always be secure from bugs, viruses, or trouble-makers.
You’re also not allowed to use automated systems or software to extract data from our Website (AKA ‘screen scraping’).
Troublemakers take note: you agree to indemnify, defend and hold harmless Dentimed, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Dentimed, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
WARRANTY DISCLAIMER
a. We like you and want you to be a long-time customer, but we have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Services.
- what content you access via the Services.
- what effects the content may have on you.
- how you may interpret or use the content.
- what actions you may take as a result of your exposure to the content.
b. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
(Sorry about this, but the below gets a little dense. All-caps doesn’t mean we’re yelling; our lawyers told us to do it.)
c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARBY PARKER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY WARBY PARKER OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WARBY PARKER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL ILIA BEAUTY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT ILIA BEAUTY IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO ILIA BEAUTY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF ILIA BEAUTY FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY ILIA BEAUTY’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY ILIA BEAUTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ILIA BEAUTY AND YOU.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” SIMILARLY, THIS SECTION DOES NOT LIMIT ILIA BEAUTY’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM ILIA BEAUTY’S OWN INTENTIONAL OR RECKLESS CONDUCT.
CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Contact Us
You can also find out more on our Help pages (which also form part of these terms). Of course, if you need anything else, get in touch with Customer Care – we always love to hear from you!
We keep these terms and Help pages updated and we amend them every so often, so remember to check back in before you shop, as the latest set will apply.
