Terms and Conditions
Last updated: 18.12.2017
By using orthopulse.com/.eu and bioluxresearch.com, you agree to these conditions. Please read them carefully.
When you use an orthopulse.com/.eu and/or bioluxresearch.com, you will be subject to the guidelines, terms and agreements applicable to that orthopulse.com service.
When you use orthopulse.com/.eu and/or bioluxresearch.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the orthopulse.com site or through direct email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Canadian Anti-Spam Law: We comply with the CASL Act as of July 2014.
All content included in or made available through any orthopulse.com/.eu and/or bioluxresearch.com source such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Biolux Research or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through orthopulse.com/.eu and/or bioluxresearch.com is the exclusive property of Biolux Research and protected by Canadian and international copyright laws.
The OrthoPulse® System has US and international patents pending.
By using orthopulse.com/.eu and bioluxresearch.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Biolux Research reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Risk of Loss
All items purchased from orthopulse.com/.eu and bioluxresearch.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
Biolux Research does not take title to returned items until the item arrives at our fulfillment centre. Repaired or replaced products or parts may be new or reconditioned, and are subject to the limited warranty through the end of the original warranty period. To obtain warranty service, the purchaser must: contact the prescribing orthodontist or dentist.
Biolux Research attempts to be as accurate as possible. However, Biolux Research does not warrant that product descriptions or other content of either orthopulse.com or bioluxresearch.com is accurate, complete, reliable, current, or error-free. If a product offered by orthopulse.com or bioluxresearch.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on orthopulse.com and/or bioluxresearch.com represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant. Prices are listed to be coherent with the billing country provided at registration.
With respect to items sold by orthopulse.com and bioluxresearch.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We do not charge your credit card until after your order has entered the shipping process.
Returns, Refunds and Cancellations
OrthoPulse® is fully refundable in the original, unopened packaging within 30 days of receipt of the product. If you need to cancel an order, please contact us immediately at firstname.lastname@example.org.
Warranties and Limitation of Liability
• Replacement: No component of the OrthoPulse® is user serviceable or replaceable. During the course of treatment no OrthoPulse® components should require replacement. Bite marks and other wear marks that become present in the mouthpiece over time are normal, and do not require replacement. However, they may be indications that you are biting or clenching too hard during your OrthoPulse® treatment. If there are punctures, or any of the internal surfaces of the mouthpiece become exposed, immediately stop using the OrthoPulse® and consult your orthodontist or dentist for device replacement. In case of other damage or unforeseen wear and tear, please contact your orthodontist or dentist for a replacement. The OrthoPulse® contains a rechargeable lithium polymer battery. The battery is not user-serviceable or replaceable. To maintain battery life, do not let the battery completely discharge. Under proper use and storage conditions, the battery life is approximately 2 years.
If the OrthoPulse® becomes damaged, return it to the manufacturer for replacement or repair. Prior to use, the user should inspect the OrthoPulse® for noticeable signs of damage or wear. If damage is suspected, notify your orthodontist or dentist for replacement or repair. Do not substitute any parts or materials in the device.
• Limited Warranty: Biolux Research (Biolux) warrants to the original purchaser that the OrthoPulse® device will be free from defects in material and workmanship for one (1) year from the date of the original purchase from Biolux or its authorized resellers. This limited warranty is non-transferrable. If the OrthoPulse® is defective during the warranty period, the purchaser's sole and exclusive remedy, and Biolux's sole obligation, will be (at Biolux's discretion) to: repair the OrthoPulse® to conform to its specifications; replace the OrthoPulse® with a comparable product; or refund to the purchaser the original price paid for the OrthoPulse®. Repaired or replaced products or parts may be new or reconditioned, and are subject to this limited warranty through the end of the original warranty period. To obtain warranty service, the purchaser must: contact the prescribing orthodontist or dentist. This warranty does not apply if the defect or malfunction in the OrthoPulse® was caused by misuse, neglect, unauthorized attempts to open, repair or modify the OrthoPulse, use of the OrthoPulse® with accessories or other products that are not authorized by Biolux, or any cause other than the intended normal use of the OrthoPulse®. Non-warranty work is charged at the minimum repair rate effective at the time the OrthoPulse® is returned to Biolux. All repairs include a complete functional test using factory test fixtures.
EXCLUSIONS: TO THE FULL EXTENT ALLOWED BY LAW, THIS LIMITED WARRANTY IS THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY, AND NO OTHER WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KINDS SHALL APPLY, WHETHER STATUTORY, WRITTEN, ORALLY EXPRESSED OR IMPLIED; INCLUDING WITHOUT LIMITATION WARRANTIES, CONDITIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUALITY, OR DURABILITY, ALL OF WHICH ARE DISCLAIMED. IN NO EVENT WILL BIOLUX BE LIABLE FOR ANY SPECIAL, EXTRAORDINARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, OR ANY OTHER LOSS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE ORTHOPULSE, EVEN IF BIOLUX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY LIMITATIONS: IF, AS A RESULT OF OR IN CONNECTION WITH ANY USE OF THE ORTHOPULSE, BIOLUX BECOMES LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR OTHER LIABILITIES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT, TORT OR PURSUANT TO STATUTE), THEN BIOLUX'S AGGREGATE LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID FOR THE ORTHOPULSE.
The exclusion of certain conditions and warranties and time limitation of certain liability is prohibited in some jurisdiction, so these limitations and exclusions may not apply to some purchasers. This limited warranty is governed solely by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws; the courts of British Columbia, Canada shall have exclusive jurisdiction over any claims relating to this limited warranty.
• Manufacturer's Liability: Biolux Research assumes no responsibility for any damage, loss, or claims which may result from: failure to follow the instructions contained in this manual; malfunction due to unauthorized repairs or modifications. Use of the OrthoPulse® equipment is entirely the responsibility of the operator.
Applicable Law and Disputes
For Biolux Research GmbH:
For the purpose of all of the disputes arising from or in connection with a contract with a partner with a (residential) address in the European Economic Area, the venue of the factual and local competent court – exclusive for the contracting partner – which handles business-related services for complaints against entrepreneurs in the register of companies, will be agreed upon as the 1st district of Vienna. Nonetheless, Biolux Research GmbH is justified in utilizing any other court of competent jurisdiction, especially one for the (residential) address of the contracting partner. All disputes arising from, or in connection with, the contract with a partner with a (residential) address outside of the European Economic Area are permanently decided at the International Arbitral Centre of the Austrian Federal Economic Chamber (Vienna regulations) by three judges chosen according to arbitration and mediation of this court. This decision must also contain the decision about procedural, legal and other costs. The place for procedure is Vienna, the language used in court will be German.
For Biolux Research Switzerland AG:
The exclusive place of jurisdiction for all disputes is at the registered office of Biolux Research Switzerland AG. However Biolux Research reserves the right to bring the dispute to any other court due to lack of agreement at the above mentioned jurisdiction.
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Biolux Resarch GmbH
Biolux Research Switzerland AG
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