TERMS AND CONDITIONS OF SALE
ARTICLE 1 - PRICES
1.1 - The prices of our products are quoted in Euros excluding taxes and excluding participation in processing and shipping costs (unless otherwise stated, including shipping costs). For orders to a country other than Israel, you are the importer of the product(s) concerned. You do not pay tax, the base prices of the items will be as indicated on the site. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and amounts are not the responsibility of Tov Implant LTD. They will be at your expense and are your responsibility both in terms of declarations and payments to the competent authorities and/or bodies in your country. We advise you to inquire about these aspects with your local authorities. 1.2 - In case of an order in Israel, taxes will automatically be added to the prices indicated during the delivery procedures. 1.3 - Tov Implant LTD reserves the right to modify its prices at any time but the products will be invoiced based on the rates in force at the time of order registration subject to availability on that date. 1.4 - Retention of title clause The products remain the property of Tov Implant LTD until full payment is received by Tov Implant LTD.
ARTICLE 2 - ORDER
The contractual information is presented in French and will be confirmed at the latest at the time of delivery. Tov Implant LTD reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.
ARTICLE 3 - VALIDATION
You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order. The validation of your order therefore constitutes acceptance of these General Terms and Conditions of Sale. Unless proven otherwise, the data recorded by Tov Implant LTD constitutes proof of all transactions between Tov Implant LTD and its customers.
ARTICLE 4 – AVAILABILITY
Our product and price offers are valid as long as they are visible on the site, subject to available stocks. For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers. In this context, indications on the availability of products are provided to you at the time of your order. These indications come directly from our suppliers and errors or changes may exceptionally exist. In the event of unavailability of a product after placing your order, we will inform you by email or mail. This information will be provided within a maximum of 4 working days. You will have the option to request the cancellation of your order or the exchange of the unavailable product(s). If this unavailability lasts beyond the previously announced period, a new email or letter will be sent to you before the expiration of the previous period. As previously, you will have the option to request the cancellation of your order or the exchange of the unavailable product(s). For payment by check, in case of unavailability of all or part of the order, the refund will be made by check no later than thirty days from the payment of the amounts paid by the customer.
ARTICLE 5 - DELIVERY
5.1 General Information Products purchased from Tov Implant LTD are delivered to the delivery address you provided during the ordering process. The indicated deadlines are average times and correspond to processing and delivery times. In case of items deliverable at different dates due to their availability, the delivery time is based on the longest time. Tov Implant LTD reserves the right to split deliveries. The participation in processing and shipping costs will only be charged for a single shipment. Tov Implant LTD cannot be held responsible for the consequences of a delay in delivery. In case of delay, an email will be sent to you. In case of payment by credit card or private card, the indicated deadlines are average times and correspond to processing and delivery times. Therefore, the applicable deadlines in this case are those on the day of receipt of the check and may therefore be modified compared to those mentioned on the day of placing the order. In case of payment by transfer, the order will only be processed upon receipt of the transfer. Therefore, the applicable deadlines in this case are those on the day of receipt of the transfer and may therefore be modified compared to those mentioned on the day of placing the order. 5.2 - Delivery Issues You must notify the carrier and Tov Implant LTD of any reservations on the delivered product (e.g., damaged package, already opened...) within 3 days following receipt of the product. 5.3 - Product Compliance We undertake to refund or exchange products that do not correspond to your order. In this case, we thank you for detailing the situation in writing and returning the product(s) to us. Tov Implant LTD will proceed with the exchange or refund of the product(s). The request must be made within fifteen working days following delivery. Any claim made outside this period cannot be accepted. The products must be returned to us in the condition in which you received them with all delivered elements (accessories, packaging, notice...). Shipping costs will be reimbursed based on the invoiced rate. In any case, you benefit from the legal provisions relating to the legal guarantee, particularly those relating to hidden defects. The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in Article 8.
ARTICLE 6 – PAYMENT
The payment of your purchases is made either by credit card: Visa, MasterCard, Switch, American Express, or other Blue Cards or by bank transfer. No order will be processed by RDJ Tov Implant LTD between Friday 16:00 and Saturday 23:00 as well as the holidays of the Israeli calendar. Payments made during these times will only be processed by RDJ Tov Implant LTD after 23:00 on Saturday.
ARTICLE 7 - REFUND
Product refunds in the cases referred to in Articles 5 and 8 will be made within a period less than or equal to 1 month after receipt of the products by us. The refund will be made by the same payment method used by the client during the purchase, addressed to the client who placed the order and to the billing address. No cash on delivery returns will be accepted, regardless of the reason.
ARTICLE 8 - WITHDRAWAL PERIOD
You have a period of 7 days from receipt to return the product that does not suit you in its original packaging, complete (accessories, notice...) in good condition, and accompanied by a copy of the invoice. In case of return and refund request, the procedures will be as follows: Unopened package returned (unopened, not arrived, or refused): refund of the package, return costs at the customer's expense. Package returned at the client's will: refund of the product, return costs at the customer's expense. Package returned due to the company's responsibility (non-conformity, notably exceeded announced deadline...): refund of the product, and return costs at the company's expense. Items returned incomplete, damaged, deteriorated, or soiled by the Client will not be taken back. Sterile items are not exchangeable once opened.
ARTICLE 9 - Conditions of Exchange and Replacement
For non-sterile products, exchanges and replacements are accepted only if the product is unused and in its original intact packaging. For sterile products, they must be unused and in their original packaging, with an expiration date greater than 13 months. We also ensure compliance with directives and do not deliver implants with less than 6 months of expiration. For non-osseointegrated implants, the practitioner must complete a warranty form to initiate the exchange or replacement process. This form will allow verifying the conditions of use and ensuring optimal management of the concerned product. We reserve the right to refuse any exchange or replacement that does not comply with these conditions.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with European and national regulations, the Client has a right of withdrawal of seven (7) working days for any contract concluded remotely. This period starts from the day of the Client's order on the Site. The Client wishing to withdraw must send, before the end of this seven (7) day period, either an email to the customer service (contact@tov-implant.com), or a registered letter addressed to the customer service, the postmark being proof. In the case of withdrawal by email, the withdrawal will only be taken into account upon receipt by the Client of an email confirming the registration of their cancellation request. If the Client has taken delivery of the Product(s) during the withdrawal period, they must return them to Tov Implant LTD under the conditions described in Article 8 of these terms for their cancellation request to be definitively validated, and for the product(s) to be refunded, the shipping costs being at their expense.
ARTICLE 11 - CUSTOMER SERVICE
For any information or question, our Customer Service is at your disposal: preferably by email at contact@tov-implant.com, by Phone: in France at 01 77 38 30 30, in Israel at +972 54 83 97 143.
ARTICLE 12 - INTELLECTUAL PROPERTY
Unless otherwise stated, all texts, comments, books, illustrations, and images reproduced on Tov Implant LTD are reserved under copyright and intellectual property rights and for the entire world. Any total or partial reproduction of the Tov Implant LTD site is strictly prohibited. Certain products are subject to personal and specific rights of use regulating copies, public broadcasting, and rental. You must comply with the general conditions of sale of these products, and Tov Implant LTD cannot be held responsible for the uses that may be made of the products in this context.
ARTICLE 13 - LIABILITY
The products offered comply with Israeli legislation in force and the applicable standards in Israel. TOV Implant LTD cannot be held responsible in case of non-compliance with the legislation of the country where the product is delivered (e.g., in case of a product ban). It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order. The photographs and graphics reproduced and illustrating the products presented are given as indicative. Of course, for any questions about the products, you can contact our customer service (contact@tov-implant.com). Tov Implant LTD cannot be held responsible for the non-execution of the contract in case of force majeure, disturbance or total or partial strike, especially of postal services and means of transport and/or communications, flood, fire. The total or partial impossibility of using the products, especially due to incompatibility of equipment, cannot give rise to any compensation or reimbursement or liability of Tov Implant LTD.
ARTICLE 13 - APPLICABLE LAW - DISPUTES
This contract is subject to Israeli law. The language of this contract is French. The French version of these general terms and conditions of sale will be the only authoritative version. In case of dispute, the Parties agree to approach to try to find an amicable solution. In case of failure, the Israeli courts will be competent to judge this dispute. The Tov Implant LTD site is hosted and administered from Israel, and these general conditions are subject to Israeli law. If any provision of these Terms is deemed void under a present or future legal or regulatory provision, or a court decision with the authority of res judicata and issued by a competent jurisdiction or body, this provision of the contract would then be deemed unwritten, all other provisions of these Terms remaining binding between the Parties. These provisions do not deprive clients living outside of Israel of the rules provided for in the international conventions that are applicable to them.