The definitions below constitute an integral part of these Terms.
- “Nobel Biocare" or “We” means Nobel Biocare Services AG or the Nobel Biocare company as identified on your invoice or order confirmation;
- "You” means a person or company using this Site and/or purchasing Products from Nobel Biocare;
- “Account” means your registered customer account required to purchase Products, to view your orders and invoices, to order courses online or other features as described hereinafter;
- “Product(s)" means the products described in the invoice and/or order confirmation sent by Nobel Biocare and, when not explicitly excluded, “Product(s)" also include general service and support carried out by Nobel Biocare as well as any computer programs licensed to You by Nobel Biocare;
- “Site” means the website at www.nobelbiocare.com;
- “Terms” means these terms and conditions including any other terms which are incorporated by reference
2 Use of this Site
Other than allowing You to purchase Products and to manage your Customer Account through the MyNobel portal, the Site is provided to You for informational purposes. By accessing the Site, You agree that You will not use this Site for any purpose that is unlawful or prohibited by these Terms. You shall not use the Site in any manner that could damage, disable, overburden, or impair any server or network of Nobel Biocare or affiliated companies. You shall not gain or try to gain unauthorized access to any area on the Site which is protected by password, or any other computer systems or networks connected to any server of Nobel Biocare through hacking or any other means.
All information provided by Nobel Biocare on this Site is made available to provide immediate access for the convenience of interested persons. Nobel Biocare aims to include accurate and up to date information, but makes no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on this Site and disclaims any liability for the use of this Site and any site linked to it. The information and materials provided on this Site are intended to be general and do not constitute advice in any specific patient case. For specific advice on treatment You should contact Your Treatment Provider.1 Nobel Biocare may change this Site at any time without notice but does not assume any responsibility to update it. Access and use of this Site and any website linked to from this Site and the content thereof is at the risk of users. Neither Nobel Biocare nor any other party involved in creating, producing or delivering the Site or on any website linked to from this Site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of access, use or inability to use this Site or any website linked to from this Site, or any errors or omissions in the content thereof.
No offer and no solicitation: The information provided on this Site does not constitute an offer of or solicitation for the purchase or disposal of, trading or any transaction in any Nobel Biocare securities. (Investors must not rely on this information for investment decisions.)
Forward-looking information: This Site may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic or financial factors, and therefore actual results may differ significantly from those pretended.
Information on products: some products shown or described on this Site may not be available or not be regulatory cleared, released or licensed for sale in all markets. Please contact Your local Nobel Biocare office for current product assortment and availability. Product images on this Site are not necessarily to scale. All Nobel Biocare products are intended for purchase only by a licensed physician. Please go to Warranty Program for more information on the Nobel Biocare Warranty Program.
Information on Treatment Providers: Neither Nobel Biocare nor any affiliated company which manufactures or distributes any Nobel Biocare components or other products makes any representation, guarantee, covenant, or other undertaking, express or implied, with respect to the qualifications of or standard of care exercised by the Treatment Providers listed on or referred to by this Site. Nobel Biocare shall not be responsible for any errors or omissions, or for the use or results obtained from the use of this information. The Treatment Providers listed herein or referred by this Site are customers of Nobel Biocare. Nothering herein should be construed to imply that Nobel Biocare and any individual Treatment Provider have entered into any partnership, joint venture or agency with the other party. Nobel Biocare is not a licensing or governing body for dental professionals; please refer to the appropriate governmental dental licensing authority for license or status verification. Nobel Biocare makes no representations regarding any individual Treatment Provider’s licensing status.
3 Your Nobel Biocare Customer Account
In order to purchase Products or access certain functions from this Site, You will be required to create an account by registering Your name, providing certain information about yourself, and creating a password (the “Account”). You agree that You will provide complete, current and accurate information about yourself as requested, and that You will keep that information up to date. You are responsible for safeguarding the confidentiality of Your username and password which are used to access Your Account on the Site. You agree not to disclose Your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under Your Account, whether or not you have authorized such activities or actions. You will immediately notify Nobel Biocare of any unauthorized use of Your Account.
Invoices and orders: through Your MyNobel portal, You will be able to access Your current and past orders as well as Your invoices. If You notice a discrepancy between an invoice on the MyNobel portal and an invoice You have received, please contact your customer service.
4 Electronic Communication
When You visit this Site or send e-mails to Nobel Biocare, You are communicating with Nobel Biocare electronically. You consent to receive communications from us electronically. We will at times communicate with You by e-mail. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You understand that You, and not Nobel Biocare, are responsible for all electronic communications and content sent from Your computer to us.
5 Making Purchases
When You place an order to purchase a Product, We will send You an e-mail confirming receipt of Your order and containing the details of Your order, which does not constitute an acceptance of Your order. Your order represents an offer to us to purchase a Product which is accepted by Nobel Biocare when We either send an e-mail confirmation of Your order or ship the ordered Products to You. Any Products on the same order which We have not confirmed by e-mail or shipment do not form part of the contract between You and Nobel Biocare.
By placing an order, You represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, or impose conditions on the honoring of, any promotion; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Product.
Descriptions, images, references, features, content, specifications, Products, price and availability of any Products or services are subject to change without notice, and our current prices can be found on our Site and/or through our current price list. Additionally, all images are not to scale. We make reasonable efforts to accurately display the attributes of our Products; however, the image that You see will depend on Your computer system and We cannot guarantee that your computer will accurately display the Product. Nobel Biocare does not assume any liability for the accuracy or correctness of any description, image, reference, feature, content, or specification made on the Site.
Some Products shown or described on this Site may not be available or not be regulatory cleared, released or licensed for sale in all markets.
Nobel Biocare continually strives to improve its Products; therefore, Nobel Biocare reserves the right to improve, modify, or discontinue Products at any time or to change specification and prices without notice and without incurring obligations.
6 Software and/or Scanner Purchases
Should You make a purchase for any Nobel Biocare computer programs and related documentation (“Software”), such as NobelClinician, or purchase of a NobelProcera Scanner (“Scanner”), such purchases may be subject to additional terms and conditions which must be agreed upon at time of set up. You are to carefully review said terms and, should You not agree with them, do not use the Software and/or Scanner and contact Nobel Biocare with regards to returning the Product.
7 Payment Terms and Billing
Initial purchase is to be paid by credit card. Future payments may be made using Master Card, Visa or American Express or billed as Net 30 days. Our standard terms of payment are by credit card or billed as Net 30 days. Leasing options available, please contact Customer Support to confirm eligibility. Past due balances under all payment plans will be subject to a 1.5% finance charge per month, an amount equal to 18% per annum.
8 Shipping/Shipping charges
All orders placed before 3:00 p.m. Eastern Standard Time will be shipped the same day, pending product availability. NobelProcera® customized products will be delivered from Mahwah, New Jersey, based on product-specific lead times.
Shipments are paid by Nobel Biocare and added to the invoice. Unless special instructions are received with Your order, the shipping method will be at Nobel Biocare’s option. All shipments will be made Carriage and Insurance Paid “CIP” (Incoterms 2010). Delivery will be deemed complete and legal title and all risk of loss or damage to the Products will pass to buyer, upon delivery to the carrier.
All efforts will be made to provide the Product ordered in the time frame requested, however, any delivery date provided to You is to serve only as an estimation and is not a guarantee.
When You receive the Products, You must inspect the shipment for any defects or non-conformity. Any discrepancies should be reported to Nobel Biocare’s customer service and support within 48 hours of receipt of shipment. After this period it will be deemed that You will have accepted the Products as shipped.
Nobel Biocare offers You the opportunity to return Products purchased from Nobel Biocare to the terms and conditions set out in this Return Policy (including expired Products):
- You may return Products purchased from Nobel Biocare within sixty (60) days from the invoice date of the respective Products.
- The purchase price for returned Products will be credited to Your Nobel Biocare customer account.
- You may also return Products purchased from Nobel Biocare within twelve (12) months from the invoice date of the respective Products against an order of Nobel Biocare Products of a value equal or higher than the value of the returned Products.
- You may only return Products that are still in their intact original packaging. In particular, the original packaging and the Products may not be damaged, marked, or otherwise altered.
- No Product tied to a promotion may be returned for credit; exchange only.
- Nobel Biocare may modify or terminate this Return Policy at any time in whole or in part. Changes to or the termination of the Return Policy will not affect the return rights granted under this Return Policy for Products purchased prior to the date of the change or termination.
- Products purchased in a kit or set cannot be returned and/or exchanged as individual components.
- Nobel Biocare Canada Inc., will not accept returns or exchanges of the creos regenerative solutions.
To process a return or an exchange, please contact Nobel Biocare customer service in order to receive a return authorization number (RA#) and instructions on how to return the Product. Product must be sent back to Nobel Biocare via a traceable method and with the necessary RA#. Returns or exchanges will not be accepted without the necessary RA#.
This Return Policy sets forth the entire understanding regarding the return and exchange of Products and supersedes all prior agreements and discussions relating to the return and exchange of Products.
Should any instrumentation require repair, please contact Nobel Biocare customer service for conditions, information, and instructions on how to proceed regarding Nobel Biocare’s repair services.
Nobel Biocare guarantees its Products pursuant to the Nobel Biocare Warranty Program. The terms and conditions of the Warranty Program, including but not limited to eligibility, scope of warranty and claims procedure, can be viewed here. The Nobel Biocare Warranty Program constitutes an integral part of these Terms.
12 Liability resulting from the use of the Products
You assume all risks and liability resulting from the use of Products whether used separately or in combination with other products not manufactured by Nobel Biocare. In no event shall Nobel Biocare be liable for indirect or consequential damages.
The Nobel Biocare Warranty Program is given in place of all implied warranties and any implied warranties are excluded to the fullest permitted extent. Neither Nobel Biocare nor any affiliated company which manufactures or distributes any Nobel Biocare components makes any warranty with respect to Nobel Biocare components, express or implied, written or oral, including guarantees of merchantability of fitness for a particular purpose. In addition, Nobel Biocare and its affiliates disclaim all liability to a Treatment Provider for lost earnings, income or profits, failure of a Treatment Provider to conform to generally accepted standards of dental practices and all other direct or indirect, incidental or consequential damages resulting or arising from the design, composition, condition, use or performance of Nobel Biocare components.
Although the information and recommendations at this Site are presented in good faith and believed to be correct, Nobel Biocare makes no representations or warranties as to the completeness or accuracy of the information. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Nobel Biocare be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this Site or the Products to which the information refers. Nobel Biocare strongly recommends completion of formal post graduate implant education and strict adherence to the procedures described in Nobel Biocare’s implant instructions manuals and instructions for use. Neither the Products nor any information made available by Nobel Biocare are intended to replace the services of a trained health professional or to be a substitute for medical advice of Treatment Providers.
Nobel Biocare does not warrant the accuracy or timeliness of the materials on this Site and has no liability for any errors or omissions in the materials.
13 Course cancellation policy
Nobel Biocare Courses: if You wish to cancel your place on a Nobel Biocare course booked through the MyNobel portal, please note that the course fee will be returned in full in case of cancellation 7 days before the course starts. No fee will be reimbursed if You cancel 6 days or less prior to the start of the course, or if You do not attend the course (no show). The cancellation fee is non-transferable. Nobel Biocare reserves the right to cancel a course at any time by giving you at least 10 days prior notice. In such case, You will receive a full refund of the course fee. Nobel Biocare shall however not be responsible, and will not reimburse You, for any expense that You may have already incurred in relation to the course (such as, e.g. travel arrangements).
Third Party Courses: Courses available through MyNobel portal and indicated as Third Party Courses are provided by external providers independent of Nobel Biocare. Nobel Biocare therefore assumes no liability and makes no representations in connection with such third party courses, such as the accuracy or completeness of information provided through the MyNobel portal about these Third Party Courses. Please refer to the Third Party website for their terms and conditions and cancellation policies.
14 Intellectual Property Rights
All intellectual property rights on this Site and Products are and shall remain the exclusive property of Nobel Biocare or its licensors, as applicable. All texts, graphics, interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code contained on this Site is owned, controlled or licensed by or to Nobel Biocare, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
This Site and the information contained and referenced therein are copyright protected. Any copy, reproduction, republication, upload, translation, retransmission or other use is strictly prohibited. Requests for permission to reproduce any information contained on this Site should be addressed to Nobel Biocare Services AG, Legal Department, P.O. Box, CH-8058 Zurich-Airport or write to email@example.com.
If you have access to MyLibrary, you may download several materials, property of Nobel Biocare, for a specific use on your own material or website. This non exclusive, non transferable, free and revocable license is granted to you by Nobel Biocare. Nobel Biocare may revoke this license at any time. When downloading and using any of the Nobel material, you must at all times clearly indicate that the material belongs to Nobel Biocare (referencing it with the copyright notice © Nobel Biocare Services AG), and you should refrain from making any statement that could imply that Nobel Biocare endorses your practice or that your practice belongs to Nobel Biocare or any entity of the Nobel Biocare Group. You shall refrain from altering or modifying any of the material available for download. The material available for download may be withdrawn or modified at any time by Nobel Biocare, without notice. Nobel Biocare does not make any representation as to the fitness or legality of your use of such material in your jurisdiction. Please refer to your local laws and regulations in order to assess whether such use is permissible. Nobel Biocare shall not be held liable for any consequences arising out or in connection with the use by any third party, including you, of any of the material available for download on the MyLibrary section, and you agree to indemnify Nobel Biocare in full for all direct and indirect damages as well as reasonable attorneys' fees, that may be incurred by your use of the Nobel Biocare material.
b) Trademark guidelines
The name Nobel Biocare is synonymous with highest-quality restorative and esthetic dental products and services. Nobel Biocare’s trademarks represent the standards of excellence and consistent quality associated with Nobel Biocare. In order to improve readability, Nobel Biocare does not use ™ or ® in the running text or on pictures and other images on this Site for its own marks and may not use ™ or ® for the marks of third parties. By doing so, however, Nobel Biocare does not waive any rights to its own marks and fully acknowledges rights of third parties to their respective marks. Please read Nobel Biocare’s Trademark List for more information on Nobel Biocare’s trademarks and service marks. The Trademark List constitutes an integral part of these Terms. Any rights not expressly granted herein are reserved. Nobel Biocare does not waive any right to a trademark, service mark or other intellectual property and nothing herein shall be construed to the contrary.
Proper use of Nobel Biocare’s trademarks and service marks is important. You may use Nobel Biocare’s trademarks, service marks or product names to refer to Nobel Biocare products and services provided You follow these guidelines. Your use must not mislead consumers as to any Nobel Biocare sponsorship, affiliation, or endorsement of your company, or of Your products or services. Your use shall not discredit Nobel Biocare or any affiliated company.
When referring to Nobel Biocare products, apply the appropriate trademark symbols in accordance with our current Trademark List.
The common way to set trademarks apart from other words or nouns is to capitalize the product name and use the appropriate trademark symbol and appropriate descriptor. Examples:
- Correct: "NobelGuide® is a complete treatment concept for all indications."
- Incorrect: "NobelGuide is a complete treatment concept for all indications."
When using Nobel Biocare’s trademarks, service marks or product names, include an attribution of Nobel Biocare ownership of the trademark(s) in the credit notice section of your documentation or advertisement. Follow this format: "Nobel Biocare, NobelProcera, NobelGuide and All-on-4 are trademarks of the Nobel Biocare group."
Products may be covered by one or more of the patents listed in the Patent Marking Document. The Patent Marking Document constitutes an integral part of these Terms.
a) Information Collection of data by Nobel Biocare
We collect personal information when You register to use this Site and when You make any purchase of our Products or services. Personal information is any information about You that is personally identifiable like Your name, address, email address or phone number, credit card information, and any other information that is not otherwise publicly available. You have the right to access and rectify personal data collected from You by Nobel Biocare.
c) Use of data by Nobel Biocare
d) Disclosure of data and data security
e) Hyperlinks and websites of third parties
f) Use of the content and material made available to you on MyNobel portal
You may have access to certain content and material made available to You on the Site, including, but not limited to, through the MyNobel portal, such as, but not limited to, images, flyers, templates etc. Please note that Nobel Biocare does not make any representation or warranty as to the permissibility of use of any such content in any specific country. You are solely responsible for ensuring that the use of such material provided to You by Nobel Biocare is compliant with all applicable laws and regulations and Nobel Biocare shall in no event be held liable for the use of such content accessed through Your Account.
It is Your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site and/or in transmitting information through our Site. Therefore You agree that any Product purchased through this Site will not be shipped, transferred or exported into any country or used in any manner prohibited by applicable export laws, restrictions or regulations.
a) Patient Data
Additionally, it is Your responsibility to comply with all applicable privacy regulations. Nobel Biocare specifically requests that You do not enter patient data when making a purchase. It is your sole responsibility to act in full accordance with all laws, in particular laws relating to patient data protection.
b) Disclosure to Third Parties
Nobel Biocare is committed to an ethical, proactive and professional approach to clinician-industry relations. Therefore, You acknowledge and agree that certain transactions made on this Site may be disclosed by Nobel Biocare to third parties pursuant to applicable laws, regulations, or policies. Specifically, Nobel Biocare complies with the provisions of the Patient Protection Affordable Care Act.
Either You or Nobel Biocare may terminate Your access to the Site and to Your Account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, Your right to access or use the Site will immediately cease. Upon termination, You will have no further access to any information, files or materials related to Your Account. Nobel Biocare shall have no liability whatsoever to You or any third party as a result of a termination of Your rights of access to Your Account.
18 Governing law
These Terms shall be governed by Canadian substantive law to the exclusion of the international conflict of laws provisions thereof and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising out Your use of the Site shall be the place of business of Nobel Biocare. However, Nobel Biocare may also take legal action against You at Your place of business.
1 “Treatment Provider” means dentists, physicians and dental technicians.
2 For the purpose of returns/exchanges “Products” mean all Nobel Biocare Products, with the exception of NobelProcera Products, Procera Products, and surgical templates. “NobelProcera Product” means NobelProcera Crown and Bridge, NobelProcera Individualized CAD/CAM Abutments, NobelProcera Implant Bridge, and NobelProcera Implant Bar Overdenture, and “Procera Product” means Procera Abutments and Procera Implant Bridges.