Terms of Use / Warranty

Terms of Use

These are the terms of use relating to the Stoma web site. By using this site, you are agreeing to be bound by these terms and representing that you are legally capable to do so. Stoma reserves the right to amend these terms at any time without notice or to revoke the right of any user to access the site. The web site of the Stoma Dental Shop and its related entities (“Stoma”) are solely for informational purposes. Unless otherwise specified, all material on these sites may be downloaded for personal and non-commercial use only. You may not otherwise copy, upload, republish, distribute, transmit or reproduce the material of this site or its contents without Stoma’s written consent. Violation of these terms of use will automatically terminate and revoke your rights hereunder.

Trademarks/Patents
"STOMA” and its names or products displayed or referred to in the site are trade names, trademarks and/or service marks of Stoma Dentalsysteme GmbH & Co KG, or its affiliated entities. Some are registered in various countries; others are unregistered. They are to be used only under express written license from Stoma and nothing in the site is intended to grant any such license. There may be trade names or marks mentioned on the site which belong to other companies and you are required to respect their rights. Many of Stoma’s products are protected by patents in different nations and all rights are claimed and reserved under the respective applicable patent laws. No licenses or rights are granted in the representations of patented products or trade names posted on the site. Additional details of Stoma’s patent and trade mark and name claims are available from the Company.

License to Stoma
Stoma does not want to receive any confidential or proprietary information through its site. Accordingly, any information sent to Stoma through its site will be deemed non-confidential. By posting messages, uploading files, inputting data or engaging in any other form of communication through this service, you agree to grant Stoma a royalty-free, perpetual, nonexclusive, unrestricted worldwide license to copy, use, publish, adapt, transmit, upload, transmit, publicly display, distribute, modify, sublicense, create derivative works from and otherwise use freely all such information or materials, including the right to use any ideas, techniques or know-how, and further including the right to exploit all rights in such communication, including without limitation rights under copyright, trademark, service mark, patent or other intellectual property laws including right of publicity laws under any relevant jurisdiction.

Links to Third Party Sites
Links provided on Stoma site allow you to leave the Stoma site to go to another site which may not be under the control of Stoma. Stoma is not responsible for the content of any linked site. Stoma provides links as a convenience only; this does not imply any endorsement, affiliation, or sponsorship by Stoma.

Disclaimer
USE OF THIS SITE IS AT USER’S EXCLUSIVE RISK. THE DATA AND INFORMATION CONTAINED IN THIS WEB SITE ARE BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. INFORMATION AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND. IF YOU DOWNLOAD ANY INFORMATION OR MATERIALS, IT IS YOUR RISK ALONE, AND YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT MAY OCCUR AS A RESULT, INCLUDING LOSS OF YOUR DATA OR DAMAGE TO YOUR COMPUTER. STOMA EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT ALLOWABLE BY LAW, ALL GUARANTEES, WARRANTIES, OR OTHER REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, STOMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, TRANSLATION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT STOMA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

Medical Disclaimer
NOTHING CONTAINED ON THE STOMA SITE IS INTENDED TO BE A MEDICAL RECOMMENDATION OR ENGAGING IN THE PRACTISE OF MEDECINE. STOMA EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY ANY THIRD-PARTY TO YOU OR BY YOU TO ANY THIRD-PARTY THROUGH USE OF ITS PRODUCTS. THE INFORMATION PROVIDED ON THIS SITE IS PURELY GENERAL IN NATURE; YOU SHOULD CONSULT A HEALTH CARE EXPERT PRIOR TO USING OR ALLOWING ANYONE TO USE ANY MEDICAL EQUIPMENT IN CONNECTION WITH YOUR HEALTHCARE.

Limitation of Damages
IN NO EVENT WILL STOMA BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THIS WEB SITE OR ITS USE OR THE DOWNLOADING OF OR ACCESS TO ANY INFORMATION, DATA OR MATERIALS RELATING TO ANY SERVICES OR PRODUCTS. THE USER EXCLUDES AND WAIVES ALL LIABILITY AGAINST STOMA FOR ANY CLAIM OR CAUSE OF ACTION WHETHER RELATING TO WARRANTY, CONTRACT, PERSONAL INJURY OR OTHER TORT, PUNITIVE CLAIMS OR ANY OTHER LEGAL THEORIES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT STOMA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY STOMA MATERIAL, OR WITH ANY OF STOMA'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE.

Indemnification
You agree to indemnify, defend and fully hold harmless Stoma, its shareholders, directors, officers, attorneys, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees, arising from or relating to your use or attempted use of the site.

Choice of Law
This Agreement shall be governed by the laws of the State of New York without effect to its conflicts of law principles. If any provision of this Agreement shall be determined to be unlawful or for any reason unenforceable, then that provision shall be deemed stricken from this Agreement and shall not affect the validity and enforceability of any remaining provisions which shall be construed in such manner as most closely to effectuate the original intent. All users agree to submit themselves to the exclusive jurisdiction of the courts (Federal and State as each may have jurisdiction) located in the State of New York. THE FAILURE OF STOMA TO ENFORCE ANY OF ITS RIGHTS HEREUNDER SHALL NOT BE CONSIDERED TO BE A WAIVER OF ANY OF ITS RIGHTS, PAST OR FUTURE.

International Users
The Stoma site is controlled, operated, and administered from within the United States. Stoma makes no representation that it is appropriate for use outside the United States. You may not access the site from nations where any content on the Stoma site might be prohibited.

Notice Requirements of DMCA
Stoma subscribes to the Digital Millenium Copyright Act. Notifications of any alleged copyright infringement must be sent in accordance with Title 17, U.S.C. Section 512(c) to Stoma’s designated agent: Stoma USA Inc., Mr Roggenbau, 62-64 Enter Lane, Islandia, NY 11749.

Warranty

Subject to the conditions stated herein, Stoma warrants to the purchaser for the lifetime of the product that each new Stoma product purchased from Stoma will be free from failures caused by defects in material and workmanship, provided such product is properly installed (where applicable), properly maintained and operated under normal use and conditions. Warranty claims shall be made in writing and the part or parts shall be returned prepaid to Stoma for inspection. Upon a determination that a defect exists, Stoma shall thereupon correct any defect, at its sole option either by repairing or replacing the defective part or parts. This warranty does not extend to normal wear and tear or use of any product in abusive or extreme conditions. Failure to provide routine maintenance, cleaning and proper instrument care, or modifying or altering the instrument, may void this warranty. Warranty does not cover shipping and handling.
Limitation of Warranty

THE FOREGOING EXPRESS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED.

IN NO EVENT SHALL STOMA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Stoma's liability arising out of the supplying of such product, or its use, whether in warranty, contract or otherwise, shall in no case exceed the cost of correcting defects in the products as herein provided.

THE FOREGOING SHALL CONSTITUTE THE SOLE REMEDY OF PURCHASER AND THE SOLE LIABILITY OF STOMA.
Returns

You may return or exchange any Stoma products that were not a special order within fifteen (15) calendar days of purchase.  Thereafter, a twenty (20%) percent restocking fee will be assessed on all products returned. Sale items may not be returned. Shipping & handling will be charged on all items returned or exchanged. In the event you received any promotional items in connection with the purchase of any returned item, you must also return the promotional item to receive full credit for the returned product.