General terms and conditions of business

Our production center allows you to order the manufacture of dental workpieces such as crown and bridge frameworks ("dental prostheses") or physical working models ("models") online with INFINIDENT Solutions GmbH ("INFINIDENT"). The dental prostheses and models are manufactured by INFINIDENT according to your individual specifications and, after production, are shipped directly from INFINIDENT. Your agreement is with INFINIDENT alone unless otherwise indicated in the purchase order.

2.1 The following General Terms and Conditions ("GTC"), in the version in force at the time of your order, apply exclusively to your purchase orders to INFINIDENT. No other conditions shall apply without our express written agreement.

 

2.2 We wish to make express reference to the differences between the GTC and the Terms and Conditions of Use contained on our website. The Terms and Conditions of Use contain rules and instructions for the general use of the website. The contractual provisions, together with the purchase orders to INFINIDENT, by contrast, are based on the GTC alone.

3.1 This website contains a public area, which is open and accessible to all visitors to the site. However, in order to be able to place orders with INFINIDENT, it is necessary to register, so that INFINIDENT receives all information necessary for fast, smooth order fulfillment. The pages related to ordering are accessible only to registered users of the website.

 

3.2 Login is open only to legal and natural persons with unrestricted legal capacity who are entrepreneurs under the German Civil Code [BGB].

 

3.3 The user name and password are non-transferable to third parties.

4.1 The contract for the production of the dental prosthesis or model is entered into with INFINIDENT. Your purchase order represents a binding offer for us to enter into a contract with you. We can accept this offer by sending you our job order confirmation by e-mail or by delivering the goods ordered. First you will receive a confirmation of receipt of your purchase order by e-mail at the e-mail address you have indicated (purchase order confirmation). A purchase contract only comes into being when we send you our job order confirmation by e-mail or deliver the goods ordered.

 

4.2 Our acceptance of the order depends on, among other things, whether your purchase order or the data record sent to us contains all information required for production. Otherwise you will receive a request by e-mail or telephone for a new purchase order that includes the missing and/or corrected information.

 

4.3 Placing an order through our online shop comprises the following steps: In the first step you select the desired goods. In the second step you enter your customer details, including billing address and shipping address (if different). In the final step you have the opportunity to review your information (name, address, payment method, items ordered, etc.) once more and correct it if necessary before you send the order to us by clicking "Submit order".

 

4.4 INFINIDENT stores the contractual text of your purchase order. You can print out your order before sending by clicking "Print" during the final step. You will also receive a purchase order confirmation as well as a job order confirmation containing all order data and the General Terms and Conditions at the e-mail address you indicated.

 

4.5 The delivered goods remain the property of INFINIDENT until full payment has been received.

5.1 Unless otherwise expressly agreed, the prices are determined from the current price list at the time of the purchase order. In case of doubt, all price information is understood to be in euros, not including applicable sales tax or shipping costs.

 

5.2 In case of late payment, INFINIDENT is entitled to charge interest in the amount of 8 percentage points above the base interest rate from the time payment is due. If higher damages due to delayed payment can be proven, these can also be charged.

 

5.3 Retention and offset claims can be asserted by you only if they have been found to be legally binding, are uncontested or are recognized in writing by INFINIDENT.

 

5.4 If the amount due is not charged to your credit card, payment must be made within 30 days from the invoice date.

6.1 INFINIDENT grants a warranty according to statutory regulations for dental prostheses and models unless otherwise provided for in clauses 6.2 through 6.3 below.

 

6.2 If the dental prosthesis or model is defective, you can demand subsequent performance. The decision whether subsequent performance shall be by repair to the original dental prosthesis or by the manufacture and delivery of a new dental prosthesis remains with INFINIDENT. The right of withdrawal or reduction is available to you if the relevant legal prerequisites are met. For claims to damage replacement and compensation for wasted effort due to defects, the restrictions provided for under clause 7 apply.

 

6.3 There is no defect if the dental prosthesis was made in conformity with the information provided to us, i.e., INFINIDENT is not responsible for errors caused by incorrect information on your part. If INFINIDENT can prove that there was no defect for which a warranty requirement exists, INFINIDENT can demand compensation for the effort for the services performed in association with the correction of defects.

INFINIDENT shall be liable for all damages - regardless of the legal basis, in particular due to breach of contract (including defects in quality or title) and due to improper handling - only according to the following provisions, the terms also applying accordingly to claims for compensation for wasted efforts::

 

7.1 In case of intent, claims arising from the product liability act and in case of loss of life, bodily injury or damage to health, INFINIDENT shall be liable according to statutory regulations. The same applies in case of malicious concealment of a defect and if INFINIDENT has taken over a warranty for the quality of the contractual performance conflicting with the limitation of liability below.

 

7.2 In case of gross negligence, INFINIDENT's liability is limited to compensation for typically foreseeable damages. This limitation shall not apply if the damage was caused by a legal representative or executive employee of INFINIDENT.

 

7.3 In cases of slight negligence, INFINIDENT shall be liable only if an essential contractual duty has been neglected. In such a case, liability is limited to typically foreseeable damages. Any liability shall be excluded in all other cases involving slight negligence.

 

7.4 In case of liability without fault for a deterioration occurring during the delay or a failure of the dental prosthesis occurring during the delay, INFINIDENT's liability is likewise limited to typically foreseeable damages.

 

7.5 If claims for damage compensation are based on defects of quality or title in the delivered dental prosthesis, they expire if there is no case from clause 7.1 within one year of delivery of the dental prosthesis. The provisions of § 438 section 1 no. 1 a) of the BGB remain unaffected. All other claims for damage compensation against INFINIDENT expire if there is neither a case of clause 7.1 nor grossly negligent conduct on the part of INFINIDENT within 2 years after the close of the calendar year in which the claim arose and you have knowledge of it or must have had knowledge of it, excluding gross negligence. Without consideration of your knowledge or in case of grossly negligent lack of knowledge, such claims expire 6 years from when they arose.

8.1 The GTC and all legal relationships between INFINIDENT and you in connection with purchase orders and deliveries by INFINIDENT are subject to the laws of the Federal Republic of Germany to the exclusion of UN Sales Convention.

 

8.2 If you are a merchant under the German Commercial Code, the headquarters of INFINIDENT is the place of jurisdiction for all disputes arising from or in connection with the legal relationships mentioned in clause 8.1. INFINIDENT is entitled, however, to take action against you in your general place of jurisdiction.

9.1 If any one provision of the GTC is ineffective, the other provisions shall remain unaffected. The ineffective provision shall be replaced by one that comes as close as possible to the meaning and intent of the ineffective provision in a legally effective manner. The same applies to any loopholes or omissions.

 

9.2 INFINIDENT reserves the right to modify the GTC at any time and without giving any reason. The version in force at the time of making the purchase order shall apply.