Terms and Conditions
- Acceptance and Validity of the Conditions
- Product delivery
- Delivery time
- Return policies
- Return of goods
- Order cancellation
- Data protection
- Specific Conditions of Contract, Intellectual Property and Industrial Property
- Object linked to products purchased at DENTALPLAY
- Ownership of Intellectual Property related to DENTALPLAY products
- Statement of authorship and availability of rights
- Obligations of the parties
- Intellectual and Industrial Property related to the website and to the DENTALPLAY trademark.
- Applicable jurisdiction
The present text constitutes the CONTRACT that will govern the relationship between SMILEZ SIMON S.L. (hereinafter, DENTALPLAY), with CIF B70473855 and you (the Customer), when you make your purchase both through our website, www.dentalplay.es. and through our official distributors.
Please read this document carefully. Here you will find the conditions that regulate the contracting and purchase through our website, the rights and obligations of both parties and information on the formalities of the purchase process, among other issues.
We inform you that these General Conditions comply with the provisions of the Law of Information Society Services and Electronic Commerce (LSSICE), the Law of Consumers and Users and other current legislation on the subject.
- Acceptance and validity of the Terms and Conditions:
These Conditions are binding on both parties. The Customer shall be bound to each and every one of these Conditions without any reservation when contracting products through DENTALPLAY, being its obligation and responsibility to read them beforehand.
During the course of your order, prior to authorizing payment, the Customer must accept the Terms and Conditions. If he/she does not agree with them, do not proceed with the contracting process, since such conditions will be applicable in any case.
The prices published in DENTALPLAY are in Euros and are valid except for typographical errors. All prices do not include taxes for each country, which in the case of Spain will be VAT, which will be applicable on the day of the order to Spanish territory.
Offers of products for sale on DENTALPLAY will be displayed on the product card and, unless otherwise indicated, will be valid as long as they are displayed on the screen.
The Customer agrees to pay at the time of placing the order. To the initial price shown in DENTALPLAY for each of the products offered will be added the VAT corresponding to the Spanish territory. In case of orders placed outside the Spanish territory, the prices will not include added taxes.
In any case, these rates will be previously communicated to the Customer before formalizing the purchase.
When placing the order, the customer will pay for the purchases made at DENTALPLAY through the PAYPAL payment platform. This option allows payment by debit card and credit card (Visa, Mastercard, Visa Electron and/or other similar cards).
The offers presented by DENTALPLAY are valid within the limit of available stock. DENTALPLAY reserves the right to modify the assortment of products according to stock availability. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit the seller in any way.
DENTALPLAY will do its best to satisfy all its Customers in the demand of the products. However, on occasion, and due to causes beyond DENTALPLAY's control such as human error or computer system failures, it is possible that the order processing time may be extended.
In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to unavailability does not entitle the customer to cancel the entire order. If as a result of this cancellation the customer wants to return the delivered product, he/she must follow the stipulations in the Return section.
5.1 Product delivery
DENTALPLAY undertakes to deliver the product in perfect condition, by means of a link that will be provided to the customer at the e-mail address indicated.
DENTALPLAY shall not be liable for any errors caused in the delivery when the e-mail address entered by the Customer in the order form does not correspond to reality or has been omitted.
5.2 Delivery time
Deliveries will be made within 3-7 working days from receipt of the customer's logo for customization and payment for the selected product. In case of delays in deliveries, DENTALPLAY will inform its customers as soon as it becomes aware of them.
Each delivery is considered to be made from the moment in which DENTALPLAY makes the product available to the Customer, which is materialized through the download link provided by DENTALPLAY.
- Return and cancellation policies
6.1 Return of goods:
Our policy, in compliance with current regulations, does not grant the right to return the item purchased in DENTALPLAY once it has been downloaded. In the case of Streaming subscription purchase, you will not be entitled to any refund.
6.2 Order cancellation:
If the cancellation of the order arrives before the sending of the download link of the video files, the customer will not be charged. In the case of a cancellation after the download link has been sent, the order will be considered completed and the customer will not be entitled to a cancellation or refund.
- Data protection
In DENTALPLAY we are especially concerned about the privacy of our users. For this reason we not only comply with the current regulations at European level (RGPD 2016/679) and at national level (LOPDGDD 3/2018), but we also promote its compliance and demand it to all our suppliers and collaborators.
- Specific terms and conditions, Intellectual and Industrial Property
8.1 Object linked to the products purchased at DENTALPLAY
The Author grants to the Client, on a non-exclusive basis, during the term of this Agreement, and for the purpose of reproduction of the videos in the clinical environment, the rights of reproduction and public communication of the works, so that the works can be exhibited in the Clinic, being prohibited its use without prior authorization in online media such as internet or video platforms. For use on the Internet, use will be permitted only on a single domain provided by the Client and belonging to the Dental Clinic that carries out the contracting. A unique embed code will be provided per video, domain and client, being the Client's responsibility the integration of these codes in his web page. The video streaming service according to the rules described above will be charged separately to the amount of the videos purchased by means of an annual fee, except for the validity of any promotion that excludes the charge of the amount for a defined period of time.
8.2 Ownership of Intellectual Property related to DENTALPLAY products
This assignment does not constitute a sale or transfer of ownership of the intellectual property rights, which in any case correspond to the Author, but, as a non-exclusive assignment, only entitles the assignee to use the materials under the agreed terms. Therefore, the Author remains the owner of the copyright, if any, on the works covered by this contract. The DentalPlay logo will be present on all works, located in the upper left corner.
These works may not be transferred to third parties unless expressly authorized by the author.
8.3 Declaration of Authorship and Availability of Rights
The Author declares that he/she is the owner of the intellectual property rights in relation to the works covered by this Agreement, that the works are original, and that if he/she has previously assigned his/her rights to third parties, possibly publishers, he/she retains the right to publish them.
8.4 Obligations of the parties
The Author will make the works available to the users so that they can make a respectful and fair use of them as permitted by the license of use. In any case the use of the works will always require that authorship is cited, no commercial benefit is obtained, and no derivative works are made, and no responsibility is guaranteed or assumed for other ways in which users make further use of the works.
The Author, for the purposes provided for in this contract and whenever applicable, guarantees that he/she has the consent of other copyright holders of the works (possibly co-authors), being liable for any damages that may arise from the absence of such consent.
Payment Obligations, the Client is obliged to pay 100% of the costs at the time of signing this contract.
This Agreement shall enter into force at the moment of acceptance and payment of the purchase and shall have the maximum duration that the law regulating intellectual property grants to the exploitation rights.
8.6 Intellectual and Industrial Property related to the website and the DENTALPLAY trademark
All the contents of the website www.dentalplay.es (including, but not limited to, databases, images and photographs, drawings, graphics and text files) are property of DENTALPLAY or of the content providers, having been, in the latter case, licensed or assigned by them, and are protected by national and international intellectual and industrial property laws. Users undertake to use the contents made available on www.dentalplay.es in accordance with the aforementioned Law, as well as morality and accepted good customs and public order. The user will abstain from carrying out conducts that infringe the intellectual or industrial property rights of DENTALPLAY or third parties, or that violate or transgress the personal or family privacy or the image of third parties, or that are illicit or infringe morality. The user shall in any case indemnify DENTALPLAY against any claim, judicial or extrajudicial that may be filed against it as a result of such use.
The trademarks, signs, distinctive signs or logos of the website www.dentalplay.es are property of DENTALPLAY and are duly registered, and none of the exploitation rights may be understood as assigned to the user beyond what is strictly necessary for the correct use of the website.
The texts, data and graphic drawings are property of DENTALPLAY or of the entities providing information, and may not be subject to further modification, copy, transformation, alteration, reproduction, adaptation or translation by third parties, without the express authorization of the owner of such content. The provision of texts, data and graphic drawings does not imply, in any case, the transfer of ownership or the granting of a right of exploitation, reproduction, dissemination, processing, distribution, or transmission in their favor, other than the right of use that involves the legitimate use of www.dentalplay.es.
All photographs and images published on the website www.dentalplay.es will be used for a legitimate purpose. DENTALPLAY puts special care and care in the use and publication of the same, which at all times will respect the privacy of the people who appear in them.
The images published on the website www.dentalplay.es do not constitute a source of public access and may not be reproduced in whole or in part, nor transmitted or recorded by any information retrieval system, without the consent of those concerned.
- Applicable jurisdiction
This Agreement, its interpretation and application shall be governed by the applicable Spanish and Community legislation, including the provisions of international conventions and treaties to which Spain is a party.
For the resolution of any litigious controversy derived from this Agreement, the parties expressly submit themselves to the Courts and Tribunals of A Coruña, renouncing any other jurisdiction that may correspond to them.
Acceptance of these Terms and Conditions serves as evidence of compliance between the parties.