Conditions of Sale

DENTSPLY IH LIMITED (“we”, “us”, “our”) operates the websites at www.dentsplysirona.com (a “Site”). We are registered in England and Wales under company number 01480123 and have our registered office at Brunel Way, Stonehouse, Gloucestershire, GL10 3GB. Our VAT number is 391900742.

These Conditions of Sale (together with the documents referred to in them) apply to each order placed by you via the Site and our supply of products to you (the “Contract”) to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

Part A of these Conditions of Sale apply to any and all orders placed via the Site.

Part B of these Conditions of Sale sets out additional terms relating to orders for Implant products.

Part C of these Conditions of Sale sets out some additional terms relating to orders for Preventive, Restorative and Endodontic products.

The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

Reference to “you” is to the firm, company or person who purchases products from us via the Site.

By placing an order with us, you confirm that: (a) you are a registered dental or healthcare professional in the UK and are registered with the General Dental Council (“GDC”) and hold a valid medical practitioner licence; and (b) you are purchasing products for your own internal business use only and not for resale; or (c) you are purchasing on behalf of a dental or healthcare professional who satisfies the requirements at (a) and (b).

You may be required to provide us with your GDC registration number and VAT number (or evidence of your VAT exemption) when you set up your account with us.

Please follow the onscreen prompts to place an order via the Site. Each order is an offer by you to buy the products specified in the order (“Products”) subject to these Conditions of Sale and (where applicable) the Dealer’s terms and conditions (as detailed below in Part C).

Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

After you place an order, you will receive an email from us acknowledging that it has been received, but please note that this does not mean that your order has been accepted. Please see below for further details on when your order is accepted.

Images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images. The packaging of your Products may also vary from that shown on images on the Site.

Orders placed on the Site may qualify you to earn Dentsply Sirona Loyalty Points. Please see our Loyalty Programme Conditions for more information on our how you can earn points on your orders.

Please note: all Celtra Press, Celtra Duo, Atlantis and Simplant Products listed on the Site are excluded from these Conditions of Sale. For information on delivery times, postal charges and our returns policy relating to those products, please call customer services on+44 (0) 1932 838343.

Please note: Dentsply Sirona UK is bound by the terms under EU Law (regulation (EC) No 1013/2006) that mandates that clinical waste should not be sent through post or carriers. This means that any un-sterilised returned Product that arrives at our premises cannot be shipped safely to our manufacturers for further testing or repair. You must therefore ensure that any Product return or repair has been sterilised prior to being sent to us in either:

• a sterilised bag for which the colour has changed to show evidence that the Product has been sterilised with the date of sterilisation; or
• a bag with a sterilisation certification from a competent organisation for each Product (an email confirmation of the date of sterilisation or letter will suffice).

Without this evidence, returned Products will have to be disposed of as clinical waste on arrival at our facilities and we will not be able to carry out any further investigation. Your request for an exchange or credit may therefore be rejected.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control.

Except as expressly stated in these Conditions of Sale, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Conditions of Sale by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

To open a new General Ordering Account, please visit www.dentsplysirona.com and select sign in/register to complete the registration form. Please allow up to 48 hrs for your account to be set up and activated. You will be able to browse our Site but not place an Implant product order until your account is open. We reserve the right to refuse to open your account if we determine that you are not a registered dental or healthcare professional in the UK.

Full payment must be received with your first order unless a credit account has been opened and an approved credit limit has been confirmed by us.

Please visit the Site or contact us by phone on +44 (0) 1932 838343 if you have any queries or need help setting up your account.

To ensure greater efficiencies for our customers and to reduce generation of paper, we also offer electronic invoicing (e-invoicing) sent as a PDF to your nominated email account. To take advantage of this facility, and to enable you to receive electronic invoices by email, please request electronic invoicing and provide the following details to uk-creditcontrol@dentsplysirona.com:

• Your customer account number
• Company name and business postcode
• Email address for invoice recipient and order confirmation

Our acceptance of your order takes place when we send you an email confirming our acceptance of it, at which point the Contract between you and us will come into existence.

If we are unable to supply you with the Products for any reason, we will inform you of this by email and will not process your order. In these circumstances, if you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

• Online ordering – Next day delivery by 5pm (order online before 3pm) UK, ROI*: FREE
  
• Next day delivery by 5pm (ordering before 3pm) UK, ROI*: £5 / €6.50 (Delivery is Free on orders over £250)
• Next day delivery by 12 Noon (order by 3pm) Mainland UK Only (excl. Northern Ireland): £8 / €9.50
• Next day delivery by 9am (order by 3pm) Mainland UK Only (excl. Northern Ireland): £12 / €14

All deliveries are made by our couriers on Monday to Friday, between 7am and 5pm.

Due to border controls, timed and next day deliveries cannot be guaranteed by our couriers.

* Location dependent - please check at the time of placing your order whether this delivery option is available. Please allow a minimum of 5 working days. For orders containing DS Points redemptions, please allow up to 14 days for delivery of your redeemed products.

Delivery is complete once the Products have been collected by you or the carrier collects them from us and the Products will be at your risk from that time. We may deliver the Products in instalments.

You own the Products once we have received payment in full, including of all applicable delivery charges.

Any dates quoted for delivery are approximate only, and the time for delivery is not of the essence. We will not be liable if any delay in delivery of the Products is caused by any event outside of our reasonable control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

The prices of the Products will be as quoted on the Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

• where the Products’ correct price is less than the price stated on the Site, we will charge the lower amount when dispatching the Products to you; or
• if the Products’ correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform you of this error and will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

Prices for the Products may change from time to time, but changes will not affect any order you have already placed.

The price of Products excludes VAT, which may be payable by you at the applicable current rate chargeable in the UK for the time being.

The price of the Products does not include delivery charges. Our delivery charges are set out above and are as advised to you during the check-out process, before you confirm your order.

Unless you are required to pay at the time of placing your order, payment terms for all orders are 30 days from the relevant invoice date. We have the right to issue our invoice to you at any time from the date you place your order with us.

No refunds are available for Products purchased via the Site; only credits or exchanges apply and are subject to the following terms. 

Ossix, Symbios, MIS Regenerative, Lucitone or any patient specific (Customised) products are not eligible for returns (including credit or exchanges) unless there is a fault with the Product (please see below for further details).

Please note: Returned Products will only be accepted for exchange or credit if they have at least 15 months shelf-life remaining and are in a re-saleable condition.

Products can be exchanged within 12 months from the date of purchase. Products will only be exchanged on a ‘like for like’ basis (e.g. implant for implant, abutment for abutment), on receipt of original item(s) and in accordance with the below procedure. If products are found to be from earlier or mulitple exchanges, Dentsply Sirona reserves the right to allow no further exchanges regardless of the Invoice date. Any Products supplied by us Free of Charge are not eligible for a credit and can only be exchanged on a ‘like for like’ product basis. Any price difference will be applied.

Non-damaged Products must be returned within 30 days of the invoice date for a credit to be issued, and in accordance with the below procedure.

In order to return Products for an exchange or credit, we must first receive your original item(s) and the returned item(s) must be:

• Unopened and sealed (as delivered), in ‘new’ condition. Any price difference will be applied.
• Packed in the original delivery box or similar box to protect against damage during transit (jiffy bags are not suitable for returns and will not be accepted).
• Clearly addressed to Dentsply Sirona Implants (not via your Territory Sales Manager) at the following address:

Dentsply Sirona Implants
DENTSPLY IH Ltd
Building 3, The Heights
Weybridge
Surrey
KT13 0NY

• Accompanied by a copy of the invoice or delivery note and a completed Implant Returns Advice Note form or Product Exchange form, (as applicable). If this paperwork is not included, the item(s) will be returned to you.

Do not affix staples, labels, or sticky tape to any area of any Product, or write on or deface the packaging. We recommend using a ‘signed for/special delivery’ service so that you can track your package. We are not responsible for any delivery issues with your returned item.

We are unable to credit or exchange Products redeemed using your Dentsply Sirona Loyalty Points unless there is a fault with the Product. We reserve the right to remove any Dentsply Sirona Loyalty Points earned on cancelled or returned orders.

Any Products supplied by us Free of Charge are not eligible for a credit and can only be exchanged on a ‘like for like’ basis.

Please do not attempt to order a replacement item online or by phone without first returning the item using the process above. If not adhered to, we reserve the right to charge the current RRP for any replacement order you place.

Please note: any stock items held under a Consignment Agreement are excluded from the above Conditions of Sale.

If any Products are damaged, defective or not as described in your order when you receive them, you must notify us within 3 days from receipt of delivery and return the Products to us for further investigation accompanied by a copy of the invoice or delivery note and a completed Implant Returns Advice Note form or Product Exchange form, If this paperwork is not included, the item(s) will be returned to you. If you wish to also make a Product Complaint, please complete the Implants Product Complaint form and return with the above. 

If we determine the Products were damaged or defective prior to transferring to you, or were otherwise incorrectly delivered to you, we will replace the Products (at our cost).

We will not be liable for any damaged or defective Product if:

• the Product has been used and it is a single-use only Product;
• you make any further use of the Product after giving notice to us under the previous paragraph;
• the defect arises because you failed to follow our instructions as to the storage, commissioning, installation, use and/or maintenance of the Products or (if there are none) good trade practice regarding the same;
• you alter or repair the Products in any way;
• the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
• the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements;
• any price difference will be applied for alternative replacement products which do not belong to the same platform.

Any returned items and requests for exchanges and/or credits which are not compliant with the above Guidelines and Policies (as applicable) may result in the items being returned to you.

We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.

References to liability in this paragraph include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.

Nothing in these Conditions of Sale limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or any other liability that cannot be limited or excluded by law.

Subject to the above:

• under no circumstances will we be liable to you for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss; and
• our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price paid for the Products to which the claim relates.

Seller shall not be liable to Buyer or considered to be in default under these Terms for any failure or delay in performance caused by events beyond its reasonable control, including, but not limited to, labour force strikes, natural disasters, acts of God, war, acts of terror, national emergencies, epidemics (such as Covid-19), severe or extreme weather.

Orders placed for Preventive, Restorative and Endodontic Products (“Consumables”) via the Site will be passed to your nominated dental distributor (“Dealer”) in real time. You must ensure you select the correct Dealer when placing your order, and that you have a valid credit account set up with your nominated Dealer and that an approved credit limit has been confirmed prior to placing an order via the Site. If you do not have an approved credit limit, we reserve the right to reject your order.

All orders and purchases for Consumables will be governed by the relevant Dealer’s terms and conditions; including their Delivery, Returns and Cancellations policies. The Dealer may accept or reject your order in accordance with their terms and conditions. We have no control over, and accept no liability for, any act or failure to act of any Dealer.

Prices shown on the Site for Consumables are a Recommended Retail Price (RRP) exclusive of VAT and are a guide price only. Your Dealer will deliver and invoice to you at your usual or negotiated pricing (inclusive of any other discounts you may be entitled to) and in accordance with your usual payment terms. We have no control over the Dealer’s pricing.

Once you have placed your order via the Site, you will receive an automated e-mail receipt from us confirming your order details, RRP pricing and Dealer details. Your order history can be accessed in the My Account section of the Site.

Cancellation of your order needs to be made directly with your Dealer and is subject to your Dealer’s Cancellation Terms and Conditions policy.

Consumables returns and exchanges need to be arranged directly with your Dealer and are subject to your Dealer’s Returns and Exchange Terms and Conditions policy.

You must also inform the Dentsply Sirona Customer Services Team of any returned orders to your Dealer. Dentsply Sirona reserves the right to remove any Dentsply Sirona Loyalty Points earned on cancelled or returned orders.

Where we offer support and maintenance services for Consumables, this will be made clear to you on the Site when you place your order. If you elect to purchase such services, please contact our Service Centre on +44 (0)1453 793190 or e-mail at uk-service@dentsplysiona.com for more information and to discuss any issues you may have with the relevant Product. If you register a fault with our Service Centre, please provide a video or photographs of the fault. We may arrange collection of the faulty Product, arrange a loan unit and repair the current unit free of charge if your Product is within its warranty period (as detailed in the warranty documentation accompanying the Product). Additional terms may apply to the provision of such support services.

If you have a complaint or fault with a dental consumable Product please contact us on +44 (0) 1932 838338 or e-mail at UKDCustomerService@dentsplysirona.com.

You acknowledge that any orders you place for Consumables via the Site are direct between you and your Dealer. Save as expressly stated above, or as otherwise agreed between us in writing, we have no responsibility and disclaim all liability in connection with such orders to the fullest extent permitted by applicable law.