E-Commerce Terms & Conditions (eServices)

Thank you for choosing ZimVie Dental. This document contains important information that you need to consider before making the important decision to use our services and purchase our products through https://eservices.zimviedental.com/

The following terms and conditions constitute an agreement between you and Biomet 3i, LLC (“ZimVie Dental,” “we,” or “us”), the operator of the Website. These E-Commerce Terms & Conditions (the “E-Commerce Terms & Conditions”) govern your use of the Website, both as a casual visitor and as a registered user, and are in addition to our Terms of Use available at Legal Notice and to any other terms and conditions referred to hereinunder.

Purchasing products and/or requesting services through the Website

BY USING THE WEBSITE AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE E-COMMERCE TERMS & CONDITIONS. You acknowledge that using the Website and/or registering with us may imply the processing of your personal data, which will be processed pursuant to our Privacy Notice. Processing of personal data is necessary for compliance with a legal obligation. Please note that we offer the Website "AS IS", and, to the fullest extent applicable, ZimVie Dental does not make any representations or warranties with respect to web service quality and availability, accuracy of the information provided through the Website or by third parties on ZimVie Dental products or services, or third party linked content or uses of the website services. If you are registering an account or using the Website on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these E-Commerce Terms & Conditions on such individual's or entity's behalf. If you do not agree with these E-Commerce Terms & Conditions, please do not use the Website.

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 disclosed charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at notified prices in effect when such charges are incurred. You will also be responsible for paying any disclosed applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Certain laws restrict the sale of certain medical therapies and devices, such as the products sold by ZimVie Dental, to be sold to or on the order of a duly licensed healthcare professional. By purchasing products through this Website, YOU REPRESENT AND WARRANT THAT YOU ARE A CURRENTLY A DULY LICENSED HEALTH CARE PROFESSIONAL OR HEALTH CARE PROVIDER ENTITY AND/OR ARE ORDERING UNDER THE DIRECTION OF A DULY LICENSED HEALTH CARE PROFESSIONAL. ZimVie Dental reserves the right to request at any time confirmation of your alleged condition. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any promotion. We also reserve the right, based on identified or notified illegal activity; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. The exercise of the stated reserved rights shall be limited to justified cause Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change, and our current prices can be found on our Website and/or through our current price lists. 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. To the fullest extent allowed under the law, we disclaim any liability for the accuracy or correctness of any description, image, reference, feature, content, or specification made on the Website.

Some products shown or described on the Website may not be available for purchase or may not be have regulatory approval to be sold in all markets. We seek to improve our products and product selection; therefore, we reserve the right to improve, modify, or discontinue products at any time or to change specifications and prices without notice and without incurring obligations to you. Such modifications will not affect purchase orders already submitted or in handling process.

Legal and Regulatory 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 products purchased through our Website and/or in transmitting information through our Website. Therefore you agree that any products purchased through the Website will not be shipped, transferred or exported into any country or used in any manner in violation of any applicable law, restriction, or regulation. Additional Terms of Sale addressed for EU countries are included here and you are responsible of compliance of your local mandatory law when applicable to your use of the products and services offered at the relevant site. ZimVie Dental is committed to upholding the highest legal, ethical and professional standards in its interactions with health care professionals. Therefore, you acknowledge and agree that certain transactions made on this Website may be tracked and disclosed by ZimVie Dental to third parties pursuant to applicable laws, regulations, or policies. Specifically, ZimVie Dental shall comply with the provisions of the Patient Protection Affordable Care Act and other applicable state or federal laws requiring reporting of payments or provision of items or services of value to health care professionals. Likewise and where required, ZimVie Dental will comply mandatory European applicable laws.

Changes to these E-Commerce Terms & Conditions

We may change our E-Commerce Terms & Conditions at any time, as we reasonably deem appropriate. Upon any change in these E-Commerce Terms & Conditions, we will post the amended E-Commerce Terms & Conditions on the Website. If at any time you choose not to accept these E-Commerce Terms & Conditions, including following any such modifications hereto, then please do not use the Website.

Changes to the services

We may from time to time add new services to the services, substitute a new service for one of the existing services, or discontinue or suspend one of the existing services. Information about the new services will be included on the Website, and the use of new services will be governed by these E-Commerce Terms & Conditions. In any event, any services suspension or discontinuation shall not alter or affect any approved paid order or any product handling or delivery. Notwithstanding the foregoing, you agree that, to the full extent allowed by the applicable law, ZimVie Dental will not be liable to you or any third party for any suspension or discontinuation of any of the services.

Disclaimer of Warranties

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Website and/or the services; what effects the content on the Website and/or the services may have on you; how you may interpret or use the content on the Website and/or the services; or what actions you may take as a result of having been exposed to the content on the Website and/or the services. To the extent permitted by the applicable law, you release us from all liability resulting from your use of the Website or for you having acquired or not acquired content through the Website and/or the services. The Website and/or the services may contain, or direct you to third party websites or services (“the linked sites”) containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the linked sites, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the linked sites. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the linked sites. WE PROVIDE THE WEBSITE AND THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE LINKED SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE LINKED SITES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LINKED SITES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

• WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE ZimVie Dental WEBSITE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE WEBSITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ZimVie Dental MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ZimVie Dental DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR WEBSITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. YOU AGREE TO HOLD ZimVie Dental HARMLESS OF ANY LOSS OR DAMAGE OF ANY KIND DUE TO NETWORK FAILURE OR DISCONNECTION ATTRIBUTABLE TO YOU THAT CAUSES WEBSITE SERVICE SUSPENSION OR INTERRUPTION.

General Limitation of Liability

EXCEPT IN THE EVENT OF ZimVie Dental BREACH OF ITS OBLIGATIONS, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IF YOU PAID TO REGISTER FOR THE WEBSITE, IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID TO REGISTER FOR THE WEBSITE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. 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 CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Entire Agreement

These E-Commerce Terms & Conditions constitute the entire agreement between you and us regarding their subject matter and supersede all previous written or oral agreements. If any part of these E-Commerce Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of ZimVie Dental to exercise or enforce any right or provision of these E-Commerce Terms & Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Additional E-Commerce Terms & Conditions for EU Countries

As EU applicable laws, derived from both Directives and Regulations issued by the EU authorities may impose to users and purchasers of such countries additional legal requirements, the following additional E-Commerce Terms & Conditions shall be applicable for such non USA entities. In any case and as stated previously ZimVie Dental reserves the right to redirect you to its representatives if for whatever reason your national mandatory law conflicts with the present E-Commerce Terms & Conditions, in order to be able to provide the services or deliver the products through conventional commercial channels.

Additional E-Commerce Terms & Conditions for Spain:
Additional E-Commerce Terms & Conditions for France:
Additional E-Commerce Terms & Conditions for Germany:

ADDITIONAL TERMS FOR THE PURCHASE OF PRODUCTS AND/OR FOR REQUESTING SERVICES

The following additional terms for the purchase of products and/or for requesting services shall apply to all registered users of the Website willing to purchase our products or services. These Terms are additional to the applicable Terms of Sale and shall be additional to the E-Commerce Terms & Conditions of the Website. Additionally, you must, depending on your professional location read and accept where applicable the national mandatory laws and regulations that may affect your use of this Website for e-commerce purposes.

Purchasing products and/or requesting services through the Website

If you wish to purchase any products and/or request some of the services provided through the Website, 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 Notice. 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 disclosed charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at notified prices in effect when such charges are incurred. You will also be responsible for paying any disclosed applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Certain laws restrict the sale of certain medical therapies and devices, such as the products sold by ZimVie Dental, to be sold to or on the order of a duly licensed health care professional. By purchasing products through this Website, YOU REPRESENT AND WARRANT THAT YOU ARE A CURRENTLY A DULY LICENSED HEALTH CARE PROFESSIONAL OR HEALTH CARE PROVIDER ENTITY AND/OR ARE ORDERING UNDER THE DIRECTION OF A DULY LICENSED HEALTH CARE PROFESSIONAL. ZimVie Dental reserves the right to request at any time confirmation of your alleged condition. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any promotion. We also reserve the right, based on identified or notified illegal activity; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. The exercise of the stated reserved rights shall be limited to justified cause Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change, and our current prices can be found on our Website and/or through our current price lists. 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. To the fullest extent allowed under the law, we disclaim any liability for the accuracy or correctness of any description, image, reference, feature, content, or specification made on the Website. Some products shown or described on the Website may not be available for purchase or may not be have regulatory approval to be sold in all markets. We seek to improve our products and product selection; therefore, we reserve the right to improve, modify, or discontinue products at any time or to change specifications and prices without notice and without incurring obligations to you. Such modifications will not affect purchase orders already submitted or in handling process.

Liability regarding purchases

You assume all risks and liability resulting from the decision to use and from use of ZimVie Dental’s products, except where such liability is exclusively attributable to a defect of the product, whether used separately or in combination with other products not manufactured by ZimVie Dental. To the maximum extent permitted by the applicable law, ZimVie Dental shall not be liable for indirect or consequential damages. ZimVie Dental’s warranty programs are provided in place of all implied warranties and any implied warranties are excluded to the fullest permitted extent permitted by law. Other than what is set forth in the warranty programs, neither ZimVie Dental nor any affiliated company which manufactures or distributes any ZimVie Dental products makes any warranty with respect to the products, express or implied, written or oral, including guarantees of merchantability of fitness for a particular purpose,. In addition, ZimVie Dental and its affiliates disclaim all liability to any health care professional for lost earnings, income or profits; for failure of a health care professional to conform to generally accepted standards of medical and/or dental practices; and any and all other direct or indirect, incidental or consequential damages resulting or arising from the decision to use and from use of ZimVie Dental’s products, except where such liability is exclusively attributable to a defect of the product. Neither the products nor any information made available through the Website are intended to replace the services of a trained health care professional or to be a substitute for medical advice.

Billing and Payment for Purchases Made through the Website

Purchases of products through the Website must be paid for through the use of a credit card. You must follow the payment instructions set up in the payment web section. You must ensure that all personal data and security codes requested are accurate and updated. Once, validated the payment information, an acknowledgment receipt message will be displayed with detailed information of the product order. Please check FAQ section for specific instructions to identify and correct errors entered in the payment form.

Product Shipping/Shipping Charges

Product Returns or Exchanges

ZimVie Dental offers you the opportunity to return or exchange products purchased through the Website based on the terms and conditions set out in its Return and Exchange Policy which is available as set forth below:

For USA: Return and Exchange Policy

For Canada: Return and Exchange Policy.

For Spain: Return and Exchange Policy.

For Germany: Return and Exchange Policy.

For France: Return and Exchange Policy.

Product Warranty

ZimVie Dental guarantees its products pursuant to ZimVie Dental’s warranty programs. The terms and conditions of the warranty program, including but not limited to eligibility, scope of warranty and claims procedure, can be viewed in the Warranty Program as set forth below:

For USA: Warranty Policy

For Canada: Warranty Policy.

For Spain: Warranty Policy.

For Germany: Warranty Policy.

For France: Warranty Policy.

EU additional Terms of Sale

Additional Terms Sale for Spain

Additional Terms Sale for France

Additional Terms of Sale for Germany