SDS Swiss Dental Solutions AG
(public limited company under Swiss law)
Tel.: +41 71 556 3670
Fax: +41 71 556 3679
Chairman of the Board of Directors and person responsible for the content: Dr. Karl Ulrich Volz
Registered in the Canton of Thurgau commercial register
Company number CH-440.3.027.633-3
VAT ID: CHE-144.029.972
General Terms and Conditions of Business and Delivery (hereinafter referred to as GTC)
of SDS Swiss Dental Solutions AG with its registered office in Kreuzlingen, Switzerland (hereinafter referred to as SDS)
1. Scope of applicability / the contract parties
SDS only provides its products and services to commercially active customers (irrespective of their legal form) and public law corporations and enters into relationships with them exclusively on the basis of these GTC. Customers’ differing contractual terms and conditions will not be recognised by SDS even if it may be assumed that they are known.
SDS only enters into relationship with consumers as a reseller of dietary supplements and non-medicinal products of third manufacturers on the basis of these GTC.
2. Offers and the conclusion of contract / right of modification / reservation of all rights
All offers of SDS, whether via the website swissdentalsolutions.com or in catalogue form, by telephone or via another medium, shall always be subject to confirmation. We explicitly reserve the right to make changes to the quality/characteristics, design or function of products, or to the materials used therein, which are manufactured or distributed by SDS.
Orders via the website swissdentalsolutions.com can only be placed by registered professionals (dentists, dental technicians etc.) by way of a non-transferable login and password. SDS reserves the right to block or delete this access in the event of misuse or delayed payments by the customer.
A contract (including additional agreements) between SDS and the customer shall be formed onlyupon written confirmation of the customer’s order or the fulfilment of the order by SDS. Customer orders (whether by telephone, in writing or via the website) are binding. Changes to orders of any kind shall only be effective if they have been confirmed by SDS in writing.
SDS explicitly reserves all rights to all documents provided to the customer (offers, training material, calculations, sketches, documentary material, images, etc.) and their content. With the purchase of SDS products no intellectual property, licence or utilisation rights are transferred to the customer in any form whatsoever. SDS shall remain the exclusive holder of those rights.
3. Delivery/ shipping/ transfer of risk/ default of acceptance
SDS shall always be permitted to make partial deliveries and set off partial deliveries.
Deadlines shall only be binding if they have been confirmed by SDS to the customer in writing. If a delivery period has been confirmed in writing, it will begin to run on the day after the written confirmation of the order and delivery date by SDS. The delivery period shall be deemed to have been complied with if the goods are handed over to the carrier by the agreed time. At that moment, the risk of accidental loss or accidental deterioration of the products will be transferred to the customer.
If the customer makes no explicit choice in the order, SDS shall choose the type of shipment and the carrier. In any event, the shipment (and also any customs duties, charges, insurance costs and taxes) shall be for the customer’s account and – from the moment of the handover of the products (also in the case of partial deliveries) to the carrier – at its risk. Claims for damages or loss due to transportation can only be asserted by the customer against the carrier.
If SDS is late in making delivery, the buyer shall have the right to demand delivery by way of a written reminder sent to SDS or, after the lapse of a reasonable extension (at least 14 business days), to rescind the contract. Any liability for possible damage caused by defaultis excluded (see section 6 below).
Events of force majeure, operational disruptions, strikes, delivery delays or failures by SDS’s suppliers or other impediments for which SDS is not responsible shall release SDS from its obligation to make delivery to the customer for the duration of the disruption and its effects. If SDS is already late in making delivery, the delay shall not be extended due to the occurrence of the above-mentioned circumstances.
If the buyer is late in accepting the delivered goods, SDS shall, after the ineffective lapse of a reasonable extension set by SDS, be entitled to rescind the contract and/or demand compensation in lieu of performance.
Except as agreed otherwise the prices specified by SDS shall be in Swiss francs and ex SDS’s registered office (EXW, ex works, Incoterms 2010), plus statutory VAT, packing and shipping costs and any additional charges, insurance costs or customs duties. Prices may be adjusted by SDS at any time. For the customer, the price quoted in SDS’ written order confirmation is binding.
SDS has the right to demand an immediately due and payableprepayment of the invoice amount at any time without giving reasons. Otherwise, the invoice amount shall be payable within 30 days from the invoice date without any deductions and must be paid in full to the account provided by SDS.
If the customer is late in making payment, SDS shall be entitled, without having to issue any further reminder, to interest for delay in the statutory amount from the 31st day after the invoice date. Upon the occurrence of a default and failing any objection, the customer explicitly recognises that it owes SDS the invoice amount plus the interest for delay. SDS’ right to assert further damages shall remain unaffected.
The client shall only have the right to set off its claims against SDS if such claims have been established with legally binding effect, are undisputed or have been acknowledged by SDS in writing. The customer shall not be entitled to a right of offset or retention due to disputed counterclaims.
5. Examination of the products / complaints / warranty
The customer must examine products received by it for defects without delay. A defect is deemed to exist only where products are delivered which significantly deviate from the specification in the catalogue or the offer at the time of the transfer of risk. No warranty rights exist for defects which arise as a result of use or handling of the products contrary to their designated purpose or carelessly. If no written complaints are submitted to SDS within five business days after the delivery date (date of the postmark), the product shall be deemed to have been approved. Hidden defects which are discovered later must be reported to SDS within five business days after their discovery (date of the postmark).
For products of third manufacturers resold by SDS, SDS excludes any liability or guarantee. In the event of a defect, the claims for defects against the third-party manufacturer (if any) shall be assigned to the customer. The customer can assert claims exclusively against the third-party manufacturer. This particularly applies to all orders placed by consumers.
In general, SDS shall be liable for damages or loss due to defective delivery only pursuant to section 6 below.
In the event of material defect claims, the following options are available to SDS at its discretion: elimination or rectification of the defect in the product by SDS or a third party commissioned by it (right to rectify); replacement of the defective product by SDS after it has been returned to SDS by the customer.
The transportation costs incurred (from the customer’s domicile as specified in the order to SDS and back) shall be borne by SDS in both cases.
If SDS can neither rectify nor eliminate the defect or supply a replacement within two months after the delivery of the defective product, or if SDS is unable to rectify the defect/supply a replacement, the customer shall have the right to a price reduction or to rescind the contract. Any further warranty claims are excluded. Claims for damages are also excluded (see section 6 below).
The period of limitation for material defectclaims – insofar as they are not excluded in accordance with section 5 b above – amounts to six months from the transfer of risk.
The liability of SDS / its corporate bodies is limited to cases of intentional or grossly negligent misconduct. Any liability for slight negligence is excluded (Article 100 par. 1 of the Swiss Code of Obligations (Obligationsrecht – OR)).
Liability for lost profits, indirect damages, consequential damages, special damages and all other types of damages is in any event explicitly excluded.
Liability for auxiliary staff, employees and representatives (Article 101 OR) is excluded.
The exclusion of liability / limitation of liability shall apply with regard to contractual and non-contractual liability.
The above exclusions of liability do not apply, pursuant to the provisions of law, in the event of fraudulently concealed defects. The limitation of liability also does not apply to any liability for claims based on the Product Liability Act or for physical injuries.
7. Product tracing
The customer shall promptly and comprehensively inform SDS in writing of any events which constitute an incident subject to the applicable medical laws involving a product manufactured by SDS. In such cases, the customer shall make every effort to support SDS as well as any other involved parties.
The customer must set up and maintain a tracing system, which must make it possible to trace any product manufactured by SDS up to the end customer/patient. The customer must therefore pass on to its customers the batch numbers assigned to the respective products by SDS. The customer must inform SDS at its request, at any time and without delay, of the type, scope and duration of its tracing system.
Registration for the training course/sitting in on lectures is carried out exclusively in writing through online registration or by e-mail or fax. By registering, the participant acknowledges the Terms and Conditions of Business of SDS Swiss Dental Solutions AG.
The registration shall be binding for you once it has been received by SDS Swiss Dental Solutions AG. Within the next 48 hours you will receive a confirmation of registration and invoice by email. For SDS Swiss Dental Solutions AG, liability first arises upon receipt of the payment.
The specified course fee includes the currently applicable VAT.
You will receive your invoice by email. You must transfer the invoice amount by no later than the specified payment date (receipt by SDS Swiss Dental Solutions AG) into the specified account, stating the invoice, customer and debtor numbers.
Up to 4 weeks before the start of the event, a written cancellation of the education is possible. In this case an administrative fee of 50 € has to be paid.
In case of a cancellation 4 weeks before the WEEK/ DAYS a cancellation fee of 200 € has to be paid, 14 days before 500 €, less than 7 days before the start of the training 1.000 €. In case of cancellation 4 weeks before the course/congress a cancellation fee of 50 € (per course) has to be paid, 14 days before 200 € (per course), in case of less than 7 days before the start of the training 300 € (per course). In case of non-attendance, the course fees will be charged. The booked place is of course transferable to a substitute participant.
With the confirmation of registration you will receive information on how to reach the venue, hotel recommendations and any necessary separate information for participants.
If the event is under-subscribed or if the speaker cancels the training course at short notice, you will be notified as soon as possible. For that reason, please state your private telephone number, your email address and, ideally, your mobile number. SDS Swiss Dental Solutions AG is not liable for any costs that arise due to cancellation of a training course. You will be immediately refunded the invoice amount already paid by you.
The promoter and organisers explicitly reserve the right to make changes to the programme flow. SDS Swiss Dental Solutions AG shall also not be liable for the content, execution or other basic features of the training course.
During the conventions, workshops and training courses, SDS Swiss Dental Solutions AG will make video recordings and take photographs, which serve the purpose, among other things, of reporting and also announcing and marketing future events in social networks, the press and printed products.
SDS Swiss Dental Solutions AG reserves the right to use videos/photographs made/taken at events sponsored by SDS without the explicit written permission of the persons contained in the videos/photographs. SDS Swiss Dental Solutions AG may use the video/photograph in publications or other media material produced, used or contracted by SDS Swiss Dental Solutions AG, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, social media etc. If you participate in an SDS Swiss Dental Solutions event or fail to notify SDS Swiss Dental Solutions AG in writing that you do not wish your photograph/video to be used by SDS Swiss Dental Solutions AG, you declare that you agree to defend and indemnify SDS Swiss Dental Solutions AG against any claims relating to the use of your image or likeness.
9. Final provisions
SDS’ instructions regarding the processing/use of the products must be strictly complied with by the customer. Otherwise, warranty claims shall not be recognised.
Unless otherwise agreed in writing, the place of performance is SDS’ registered office.
These GTC and the legal relationship between the customer and SDS are subject to Swiss substantive law, to the exclusion of the Vienna UN Convention on Contracts for the International Sale of Goods of 1980.
The place of jurisdiction for all disputes between the customer and SDS is the location of SDS’ registered office. However, SDS has the right to take legal action against the customer at the customer’s registered office/place of business.
As of December 2019
SDS Swiss Dental Solutions AG, Kreuzlingen, Switzerland
The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data are all data with which can lead to your identification. For detailed information on the subject of data protection, please refer to our privacy statement listed below.
Data collection on our website
Who is responsible for data collection on this website?
The data collected on this website are processed by the website operator. You will find his contact details in the imprint of this website.
On the one hand, your data is collected when you provide it to us. This can be data that you enter in a contact form, for example. Other data is automatically collected by our IT systems when you visit our website. These are mainly technical data (e.g. internet browser, operating system or time of page view). These data are automatically collected as soon as you enter our website.
Part of the data is collected to ensure that the website runs error-free. Other data can be used to analyze your user behavior.
You have the right to receive information free of charge about the origin, recipient and purpose of your stored personal data at any time. You also have the right to demand the correction, blocking or deletion of these data. For this purpose, as well as with regard to further questions that you might have regarding data privacy, you can contact us at any time at the address listed in the imprint. Furthermore, you have a right of appeal to the responsible supervisory authority.
When you visit our website, your surfing behavior can be statistically evaluated. This is mainly done with the help of cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. You will find detailed information on the respective steps to take in the following privacy statement. You can object to this analysis. The present privacy statement contains information on how to object.
Information on the responsible entity
The entity responsible for data processing on this website is: SDS Swiss Dental Solutions AG Konstanzerstrasse 11 CH-8280 Kreuzlingen Phone: +41 71 5563670 Email: firstname.lastname@example.org
The entity responsible is the natural or legal person who, alone or jointly with others, decides on the purpose and means of personal data processing (e.g. names, email addresses or similar).
Many data processing operations are only possible with your explicit consent. You can revoke any consent already granted at any time. For this purpose, an informal notification by email to us will suffice. The legality of the data processing carried out up to the time of revocation will remain unaffected by your revocation.
In the event of a violation of data privacy regulations, the person concerned has the right of appeal to the competent supervisory authority. The competent supervisory authority in data privacy law matter is the state Data Privacy Commissioner of the federal state in which our company is based. A list of data privacy commissioners and their contact details can be found under the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
You have the right to have data processed automatically by us on the basis of your consent or in performance of a contract handed over to you or to a third party in a conventional, machine-readable format. If you request the direct transfer of data to another responsible entity, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and in order to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operators. You will recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If the SSL or TLS encryption is activated, the data you transfer to us cannot be read by any third party.
Information, blocking, deletion
Within the framework of the applicable legal provisions, you have, at any time, the right to receive information free of charge about your stored personal data, their origin and recipients, the purpose of the data processing and, if applicable, a right to correct, block or delete these data. For this purpose, as well as for any further questions regarding personal data that you might have, you can contact us at any time under the address listed in the imprint.
We hereby object to the use of the contact data published within the scope of the imprint obligation for the purpose of transmission of advertising and information material not explicitly requested. The operators of this website expressly reserve the right to take legal action in the event of unsolicited advertising information being sent in bulk, e.g. via spam emails.
We have appointed the following person as data privacy officer for our company:
Telephone: +49 7531 8916875
The provider of these pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us, namely on browser type and browser version, operating system used, Referrer URL, host name of the accessing computer, time of the server inquiry, IP address. These data are not combined with other data sources. Data are processed in compliance with Art. 6 Para. 1 (f) GDPR, which permits the processing of data for the purpose of contract performance or pre-contractual measures.
If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing your enquiry or any follow-up questions. We will not pass on this data without your consent.
The data you enter in the contact form will thus be processed exclusively based on your consent (Art. 6 Para. 1 (a) GDPR). You can revoke your consent at any time by sending us your request in an informal email. The legality of the data processing operations carried out until the revocation will not be affected by your revocation. We will store the data entered by you in the contact form until you request us to delete it, revoke your consent for storage or the purpose for which the data was stored ceases to apply (e.g. after your request has been processed). Mandatory legal provisions‑in particular retention periods‑remain unaffected.
You can register on our website to use additional features on the site. We will only use the data you enter for this purpose to provide you with the offer or service for which you have registered. If the mandatory data requested during registration are not provided in full, we will refuse the registration. In the event of important changes, for example in the scope of the offer or technically necessary changes, we will use the email address provided during registration to inform you. The data entered during the registration is processed based on of your consent (Art. 6 Para. 1 (a) GDPR). You can revoke your consent at any time. All you need to do is to send us an informal notification by email. The legality of the data processing already carried out remains unaffected by your revocation. The data collected during registration is stored by us for as long as you remain registered on our website and will subsequently deleted. The legal storage periods remain unaffected.
Data transmission upon conclusion of contract for online shops, dealers and dispatch of goods
We transmit personal data to third parties only if this is necessary within the scope of contract processing, for example to companies entrusted with the delivery of the goods, or the credit institution commissioned with payment processing. Data will not be transmitted any further, or only if you have expressly agreed to their transmission. Your data will not be passed on to third parties without your explicit consent, e.g. for advertising purposes. Data will be processed pursuant to Art. 6 Para. 1 (b) GDPR, which permits data processing if it is necessary for contract performance or pre-contractual measures.
This website uses functions developed by Google Analytics, a web analysis service operated by Google Inc., with registered office in 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses text files called “cookies”, which are stored on your computer and which enable an analysis of your use of the website. The information about your use of this website generated by the cookie is usually transferred to a Google server in the USA and stored there. The storage of Google Analytics cookies is based on Art. 6 Para. 1 (f) GDPR. The website operator has a legitimate interest in the analysis of user behavior in order to optimize both his website and his advertising.
We have activated the IP anonymization function on this website. This means that your IP address will be truncated by Google within European Union member states or in other states party to the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website in order to evaluate your usage of this website, compile reports on website activity, and render further services to the website operator that relate to website usage and Internet usage. The IP address transmitted from your browser within the parameters of Google Analytics is not aggregated with other Google data.
You can prevent storage of cookies by adjusting the settings of your browser software accordingly. We would like to point out, however, that in such an instance you may not be able to use all functions of this website in their entirety. You can, furthermore, prevent Google from compiling the data generated by the cookie and relating to your usage of the website (including your IP address), as well as Google’s processing of such data, by downloading and installing the browser plugin available at the following link:
If you would like to receive the newsletter offered on our website, please register using our form. We use the so-called double opt-In procedure. I consist of a confirmation mail being sent to your specified email address with the request for confirmation. Your registration only becomes effective once you click on the activation link listed in the confirmation mail. We will exclusively use the data transmitted by you to send you newsletters, which may contain information or offers.
Ours newsletter are sent by rapidmail. Your data will therefore be transmitted to rapidmail GmbH. Rapidmail GmbH is not allowed to use your data for any other purpose than for newsletter dispatch. Rapidmail GmbH is not permitted to pass on or sell your data. Rapidmail is a German, certified newsletter software provider which has been carefully selected in accordance with the provisions of the GDPR and the German Federal Data Protection Act (BDSG).
You can revoke your consent to the storage of your data and its use for newsletter dispatch at any time, e.g. by using the unsubscribe link in the newsletter.
Our website uses plugins from YouTube, which is operated by Google. The pages are operated by YouTube, LLC, 901 Cherry Ave. with registered office in San Bruno, CA 94066, USA. A connection to the YouTube servers will be established when you visit one of our sites equipped with a YouTube plugin. Information about the pages on our website that you have visited will be transmitted to the YouTube server. By logging in to your YouTube account, you allow YouTube to attribute your browsing behavior directly to your personal profile.