Welcome to Nobel Biocare’s website and store. Nobel Biocare Services AG and its affiliates provide this website subject to the following conditions.  If you shop or visit the website at www.nobelbiocare.com or www. store.nobelbiocare.com (“Site”), you accept these terms and conditions (“Terms”) and any other terms which are incorporated herein by reference; if you do not agree, please do not use this Site. Please review the Terms carefully. Nobel Biocare may update the Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the bottom of this Site.

1 Definitions

The definitions below constitute an integral part of these Terms.

  1. Nobel Biocare" or “We” means Nobel Biocare Services AG or the Nobel Biocare company as identified on your invoice or order confirmation;
  2. "You” means a person or company using this Site and/or purchasing Products from Nobel Biocare;
  3. 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;
  4. 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;
  5. Site” means the website at www. nobelbiocare.com;
  6. 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

If You wish to purchase any Products through our Site, We will ask You to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy below. All information that You provide to us or our third party payment processor must be accurate, current and complete. You represent and warrant that You have the legal right to use any credit card(s) or other payment means used to initiate any transaction. You agree to pay all charges incurred by You or any users of Your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to Your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

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

1. The Parties
a. Nobel Biocare South Africa (Pty) Ltd, hereinafter referred to as the Seller
b. The customer hereinafter referred to as the Purchaser
2. The Contract
a. The provisions hereof and any subsequent invoice and/or other document in respect hereof shall constitute the material terms of the contract
b. No variation, addition or cancellation of any of the terms of the contract shall be of any force or effect unless recorded in writing and signed by the Purchaser and a duly authorized official of the Seller
3. Delivery
a. Unless otherwise stated on the face hereof, the Purchaser shall take delivery of goods purchased at the Sellers place of business or as delivered by the Seller to the Purchaser. Risk in the Products will pass to You when the Products are handed to the courier for delivery to the address stated in Your order. Title to the Products will pass to You when full payment has been received by Us. If you refuse delivery without Nobel Biocare’s consent, You must pay Nobel Biocare’s expenses and loss resulting from that refusal, including but not limited to, storage costs, return shipping fees and/or restocking fees.
b. If delivery is to be made in any other manner, such as to a carrier appointed by the Purchaser, then the carrier in question shall be regarded as the Purchaser’s agent and on delivery to the carrier, the risk and the goods shall immediately pass to the Purchaser. The date of collection by or delivery to such carrier shall be deemed to be the date of receipt by the purchaser of such goods for all purposes including so far as credit and payment terms are concerned
c. Any delivery date stated on the face hereof shall be approximate only. The Seller shall not be bound by that date but will make all reasonable efforts to deliver the goods on or about that date, If no delivery date is stated on the face hereof, then the seller shall deliver the goods as soon as it is reasonably possible under the circumstances.
d. Notwithstanding any provision to the contrary in this contract, the seller’s obligation to deliver goods shall be subject to availability and time shall not be of the essence of the contract in respect thereof.
e. If more than one delivery is to be effected, then each batch of goods shall form the subject matter of a separate contract sale. If the Purchaser is in breach of any of his obligations in terms of the contract, the seller shall at its’ instance be entitled to:
i. Suspend further deliveries, or
ii. Cancel the contract
in either event without prejudice to it’s rights at Common Law to claim damages from the Purchaser.
f. The Seller shall not be liable for non-delivery nor for any delay in delivery from whatsoever cause nor for any direct or consequential damage arising there from.
4. Purchase Price
a. Goods not supplied in terms of a valid and approved credit facility with the supplier shall be paid on Cash On Delivery basis upon receipt by the Purchaser. The date of receipt of goods by the Purchaser shall be considered as the due date for payment
b. Any amount not paid by the Purchaser on due date shall, without prejudice to the Seller’s right to enforce payment, bear interest at 6% (six percent) above the overdraft rate charged by the Seller’s bankers shall constitute proof of such rate.
5. Warranties, claims and exclusions
a. (i) The seller warrants that the goods, to the extent that they are manufactured by it and all word executed by it, will be free of defects and suitable for normal purposes for which it is intended but does not warrant that will be suitable for any special purpose
(ii) Should the goods supplied not comply with this warranty, the Seller shall, subject to notice being given in accordance with sub-paragraph (d) below, in its entire discretion repair or replace or refund a prorate portion of the price, the amount of which shall be determined by the Seller, against return of such defective items
b. To the extent that the goods are not manufactured by the Seller, the Purchaser shall, subject to notice having being given in accordance with sub-paragraph (d) below, have the same rights against the Seller as the seller has against the supplier of the goods with regards to defects herein, the intention being that the Seller’s liability shall be co-extensive with the right of recourse it has against the supplier. A copy of any guarantee, warranty, contract or other evidencing the Seller’s right against the supplier shall be made available to the Purchaser on request
c. The seller shall not be liable under any circumstances whatsoever to the Purchaser for any alleged shortage in delivery, unless written notice of the claim has been received within 24 hours of the arrival of the goods at their destination. In any event, the Seller’s liability for any such shortages shall be limited at its’ option to the replacement or payment of the value of the goods so short delivered.
d. Claims relating to defect in or unsuitability of the goods will only be considered if written notice is given to the seller within 10 days of delivery of goods
e. The seller may require that the goods be returned to its’ premises for repairs in accordance with the warranties set out in sub-paragraphs (a) and (b), in which event the cost hereof shall be for the Purchaser’s account
f. Save as herein provided, neither the Seller nor any of its employees, officers or agents shall be liable for any loss, expense, damage, injury or death, whether direct or consequential, suffered by the purchaser as a result of any cause whatsoever arising from this contract, whether such loss, expense, damage, injury or death is due to breach from this contract (whether fundamental or otherwise) deflect, negligence or any other cause.
g. The Purchaser shall not have any claim of any nature whatsoever for any failure by the Seller to carry out any of its obligations under the contract as a result of vis major, strike, lock-out, shortage of labour or materials, delay in transport, stoppage or breakdown of machinery, accident of any kind, default or delay by any of the Seller’s suppliers, riot, political or civil disturbances, the elements, any act of any state of government or of any authority or any other cause whatsoever directly or indirectly beyond the Seller’s reasonable control
h. No warranties or representations where expressed or implied. Other that those recorded herein, have been given or made by the Seller in connection with this contract.
i. Save as set out above, no claim shall lie against the Seller arising out of or in connection with any defects in or unsuitability of the goods
6. Returns
a. Returns are accepted on any Nobel Biocare products purchased within 30 days after invoice.
b. To be eligible for return, all products must be listed in the correct Nobel Biocare catalogue, tamper free, in original packaging with no visible defects. Products returned with less than 6 months expiry dating will not be accepted. Products purchased in a kit or set cannot be returned as individual components. Return packages should be sent to Nobel Biocare via traceable methods.
c. Returns from 30 – 90 days after invoice will be accepted, but charged with an R 50.00 handling fee.
d. Products returned after 90 days will not be accepted for return or credit.
e. No collections to be sent with our Sales Consultants.
f. If return value on an invoice exceeds R 30 000.00, a handling fee of R 300.00 will be charged.
7. Ownership
Ownership in the goods sold in terms of this contract shall notwithstanding delivery to the Purchaser, remain in the Seller until the Purchaser has effected payment of the purchase price and complied with all it’s obligations in terms of the contract.
8. Domicilium
The purchaser chooses domicilium citandi et executandi at the address as set out on its’ order form as its present main place of address
9. Resource
The Seller shall be entitled but not obliged to institute any proceedings arising out of or in connection with this contract in the Magistrate’s Court having jurisdiction over the person of the Purchaser, notwithstanding the fact that its’ claim may otherwise exceed the jurisdiction of the said court.
10. Director/Member Personal Liability
Should the purchaser be a limited liability company or close corporation, the person affixing his signature to the contract/order form warrants his authority to act on behalf of the Purchaser and binds himself as surety and co-principal debtor for the Purchaser to the Seller hereby renouncing the exceptions of division, excussion, cession of action and De Duobus Vel Pluribus Res Debendi.

TERMS AND CONDITIONS OF SALE FOR GOODS SUPPLIED ON CREDIT

The following terms and conditions shall apply for all goods supplied on credit:
Terms of payment shall be strictly 30 (thirty) days nett from date of statement (unless otherwise arranged with Nobel Biocare South Africa (Pty) Ltd (hereinafter referred to as “The Supplier”). Reduced to writing and signed by the Supplier as offer or and Applicant as acceptor.)

1. Ownership in all goods supplied by the Supplier to the Applicant shall remain vested in the Supplier until payment thereof is made in full regardless of the whereabouts of such goods supplied.

2. The applicant agrees that interest will be charged on all overdue accounts at the Suppliers Banker’s ruling Prime Overdraft bank rate plus 6% (six percent) per annum, calculated and payable monthly in advanced.

3. The Applicant hereby consents to the jurisdiction of the Magistrate’s Court in terms of Section 28 of the Magistrate’s Court Act, should any claim arising out of the supply of goods in terms of this contract be beyond the jurisdiction of the Magistrate’s Court because of the amount of the claim. Notwithstanding the a foregoing, the Supplier shall have the right to take legal action against the Applicant in any other Court of competent jurisdiction.

4. The Applicant nominates its street address aforesaid as its domicilium citandi et executandi for service of all notices and service of all legal process in connections with any claim due to the Supplier arising out of credit granted to the Applicant.

5. Credit facilities may be withdrawn by the supplier at any time without prior notice and the extent and nature of such facility shall at all times be at the Supplier’s sole discretion.

6. Should the supplier at any stage have to place the Applicant in mora for amounts outstanding and overdue then the whole account of the Applicant to the Supplier will become immediately due and payable.

7. Should the Supplier have to engage the services of an attorney to collect any amount(s) due by the Applicant, then the Applicant will be liable to pay all the Supplier’s cost of such legal action including costs on the scale as between the attorney and own client and collection commission at the then prevailing rate.

8. These terms and conditions may not be capable of being varied or altered unless such variation is reduced to writing by the parties hereto.

9. The Applicant also hereby agrees to notify the supplier in writing of any change of address, ownership of the business or any pending closure thereof or sale of the rights or shares therein. The Applicant also endeavours to keep the information in the possession of the Supplier about the Applicant’s business up to date at all times

10. The Supplier may:

a. Perform a credit search on the Applicant’s credit profile with one or more of the registered Credit Bureaus when assessing the Applicant’s application for credit and monitor new information and data obtained in respect of regular reviews of facilities and terms offered.
b. Monitor the Applicant’s payment behaviour by researching their profile at one or more or the Credit Bureaus.
c. Record the existence of the Applicant’s accounts with the Credit Bureaus, and record and transmit how the account is conducted by the Applicant in meeting their obligations on the account.

8 Shipping/Shipping charges

All shipping from online store is free up until, that is including orders made on the 31st March 2016.

9 Returns/Exchanges2

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.
  • creos products and regeneratives in general are excluded from product returns and exchanges because of these products' perishable nature.

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.

10 Repairs

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.

11 Warranty

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 [X] days before the course starts. If cancellation is made between [X] days and [X] days before the course starts [X]% of the fee will be reimbursed to You. No fee will be reimbursed if You cancel [X] 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.

a) Copyright
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 legal@nobelbiocare.com

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."

c) Patents
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. Additionally, Products may be protected by patents that cover the use of a certain Product in combination with one or more other Products. Purchase of a genuine Nobel Biocare product includes a license to combine that product with other genuine Nobel Biocare products as part of a patented combination including but not limited to the combination claimed in U.S. Patent No. 6,733,291 and 8,721,335. Such license does not extend to combinations with non-Nobel Biocare products. No other manufacturer is authorized to grant such a license.

Unless expressly authorized by Nobel Biocare, purchasers of genuine patented Nobel Biocare products are prohibited from re-selling these Products other than to patients (or as permitted by compulsory law), and are also prohibited from exporting genuine Nobel Biocare products.

15 Privacy Policy

Nobel Biocare is committed to protecting Your privacy. Nobel Biocare’s Privacy Policy below covers the collection, use and disclosure of the personal data of any users of this Site and serves to explain all Nobel Biocare’s reasonable precautions to keep such personal data secure. By visiting this Site, communicating with Nobel Biocare and submitting personal data to Nobel Biocare through this Site, You acknowledge and agree to Nobel Biocare’s processing of personal data as outlined in this Privacy Policy. This Privacy Policy 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.

b) Cookies
Like many websites, Nobel Biocare uses cookies to collect anonymous visitor information. Cookies are alphanumeric identifiers that We transfer to Your computer's hard drive through Your web browser. They make it possible for us to store the contents of your shopping cart until You are ready to check out, recognize your browser when You visit and provide You with information about Products that interest You. By doing this, We can personalize Your return visits and save You time during checkout. It is possible to prevent cookies from being used in Your browser by turning the feature off, but in order to enjoy the benefits of being a registered user, Your browser must be set to accept cookies.

c) Use of data by Nobel Biocare
Nobel Biocare uses Your personal data in order to improve and operate this Site, its customer service and other services including marketing (e.g. newsletters and other product information via e-mail), and to communicate with You. Personal information may be stored and processed by Nobel Biocare, its affiliates and/or authorized third parties acting upon instructions from Nobel Biocare in accordance with this Privacy Policy. You have the right to object free of charge to the processing of personal information collected from You by Nobel Biocare.

d) Disclosure of data and data security
Nobel Biocare will implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access for third parties outside the Nobel Biocare group of companies and against other unlawful forms of processing. These measures will also be implemented by any processor of Your personal data in accordance with this Privacy Policy. Subject to Your consent to the disclosure, Nobel Biocare will only disclose your personal data to such third parties if required by law or for regulatory purposes. However, You acknowledge and agree that Nobel Biocare may use and/or disclose Your personal data if Nobel Biocare determines that such use and/or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce the Terms, or (3) protect rights, property or personal safety of Nobel Biocare, its employees, users of the Site, or the public.

e) Hyperlinks and websites of third parties
This Site may include hyperlinks to third-party websites, which are completely beyond the control of Nobel Biocare. This Privacy Policy only applies to this Site and Nobel Biocare is not responsible for the privacy practices 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.

g) Contact
In case of questions, concerns or comments as regards this Privacy Policy or the processing and rectification of, and access to Your personal data by Nobel Biocare, please write to Nobel Biocare Services AG, Legal Department, P.O. Box, CH-8058 Zurich-Airport or contact us at legal@nobelbiocare.com

16 Compliance

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.

17 Termination

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 [X] 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.