General terms and conditions

These terms apply to all contracts between Dentsbay e. K. (hereinafter “dentsbay”) and customers concluded via the shop at dcad-x.de and the dentsbay customer account: scan credit for the digital-Facebow app, parts (scan body, bite plate), the services of DCAD-X QM, the free DCAD-Inbox program, software licences for the DCAD programs where offered, and training and online support (clause 10). The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), in particular dental laboratories and dental practices. Deviating terms of the customer apply only if dentsbay agrees to them in writing.

Purchases made inside the digital-Facebow app are handled by Apple under Apple’s terms; these terms apply to them only insofar as the credit purchased there is booked to the dentsbay customer account.

The presentation in the shop is not a binding offer. The customer places a binding order by completing the order in the shop. The contract is concluded when dentsbay confirms the order by e-mail, credits the ordered credit, ships the goods or provides the service, whichever comes first. For payment via PayPal the contract is concluded upon completion of the payment process.

Orders require a dentsbay customer account. One account serves the digital-Facebow app, the shop, DCAD-Inbox and DCAD-X QM. The account is tied to the customer’s business; the e-mail address must be confirmed. The customer keeps the access data secret, ensures that only authorised staff use the account and informs dentsbay immediately of any misuse. Entries in the account (orders, bookings, registrations) are attributed to the customer.

Scan credit is credited to the customer account after receipt of payment and is consumed per face scan in the digital-Facebow app. The current balance is shown in the account. Credit is not transferable to other accounts, is not paid out in cash and cannot be returned once credited. Credit included with parts (for example one scan per bite plate) is booked in the same way.

Parts are shipped from Münster, Germany, after receipt of payment. Shipping costs depend on the country of delivery and are shown in the shop; for countries without a shipping rate dentsbay quotes the shipping costs on request before the contract is concluded. The delivery time is stated in the order confirmation. For orders of bite plates the customer states one patient reference per plate in the shop; the plates are intended for the patients so referenced.

Risk passes to the customer when the goods are handed over to the carrier (§ 447 BGB). The goods remain the property of dentsbay until paid in full. The customer uses the parts only as described in the instructions and within the intended purpose stated in the product description.

DCAD-Inbox is provided free of charge. The customer receives a simple, non-transferable right to use the program within their own business on up to five computers, all signed in with the same customer account. Updates are provided by the program itself. dentsbay may discontinue the free provision with reasonable notice; cases already received remain on the customer’s computers.

In the online analysis the customer uploads a dataset and the scan of a printed model or part; both are aligned and compared on a dentsbay server in Germany. Whether the part is within tolerance is shown free of charge; figures, defect spots, finding and 3D report are unlocked per analysis (PayPal) or from a credit package in the account. Analysis credit is not transferable, is not paid out and cannot be returned once credited.

Uploaded scans are deleted after the computation; the result stays in the customer account until the customer deletes it. Results of DCAD-X QM are an aid to inspection: the responsibility for the use of the inspected parts and for the dental work remains with the customer.

The “Fit + material” package comprises, per printer and material, the test specimens for self-printing, their online analyses and a fit set with the values for 3Shape and exocad as a settings sheet in the customer account. The optional ready-made file (3Shape .dme or exocad printer preset) is provided in addition. The test specimen files are available after receipt of payment.

The customer contributes by printing, scanning and reporting the specimens as instructed. The values apply to the printer, material and settings stated by the customer; the customer verifies them with the cross-check before using them in production. The customer may use the files within their own business; passing them on to third parties is not permitted.

For DCAD programs offered as purchase software the customer receives a simple, non-transferable right to use the program within their own business. The licence is tied to the customer’s business, not to a single computer. The annual licence runs until the end of the calendar year in which it was purchased and is extended by a further calendar year unless cancelled by 30 September of the current year; cancellation is possible in text form (e-mail suffices) or via the customer account. After expiry all cases created with the software remain readable; creating new work requires a renewal. The software may be tested for ten days free of charge and without restriction. Passing the key on to third parties is not permitted. The right to cancel for good cause remains unaffected for both parties.

dentsbay offers training for 3Shape Dental System for beginners and advanced users, on site at the customer’s premises or online, as well as online support on the customer’s own case. Scope and prices are stated at dcad-x.de/schulung: training is charged per day, an online day comprises eight hours, online support is billed per started quarter hour according to the actual duration. For on-site training, accommodation and travel are added at cost against receipts.

A request for a date by e-mail with preferred dates is non-binding. The contract is concluded when dentsbay confirms the date in text form. Number of participants, topics and the software version in use are agreed before the date.

The customer provides the licensed 3Shape software and the workstations, and for online sessions a stable internet connection and screen sharing with the program named by dentsbay. The customer ensures that no patient data is shown during the training that they are not permitted to show; dentsbay recommends test cases.

The customer may cancel or postpone a confirmed date free of charge up to 14 days in advance. For later cancellation dentsbay charges half of the agreed price, for cancellation on the day of the appointment or no-show the full price, in each case plus travel costs already incurred that cannot be cancelled. If dentsbay has to cancel a date, for example due to illness, it offers a replacement date; no further claims arise.

Training materials remain protected by copyright and may only be used within the customer’s business. Recording a training or support session is permitted only with the consent of both parties. The invoice is issued after the service and is payable within 14 days without deduction; clause 11 applies otherwise.

The prices at the time of the order apply. All prices are net plus statutory VAT where applicable; for customers in other EU countries with a valid VAT ID the reverse charge applies and the invoice states it. Prices depend on the price zone of the country stored in the customer account. Invoices are issued in euros; prices shown in another currency are for orientation. Voucher codes are redeemed when ordering and are not paid out in cash.

Payment is made via PayPal or by bank transfer against invoice. Credit is booked, goods are shipped and services are started after receipt of payment. In case of default dentsbay may block the account after prior notice.

Entrepreneurs have no right of withdrawal. Credit that has been booked and services that have been started cannot be returned. For parts the statutory warranty rights apply; returns are only accepted after prior agreement.

The customer ensures that they are permitted to process the data they upload or enter (datasets, scans, patient references, registrations). Scans for the online analysis and references in the account are entered without patient names. The customer does not use the services in a way that disrupts their operation.

The DCAD programs and the digital-Facebow app process patient data exclusively within the customer’s business or on the customer’s device; transfer between app and DCAD-Inbox is end-to-end encrypted. The customer account, the shop and the online analysis run on dentsbay systems in Germany. Where processing on behalf of the customer takes place, the parties conclude a data processing agreement pursuant to Art. 28 GDPR on request. Details are set out in the privacy policy.

The statutory warranty rights apply. dentsbay is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health. For slightly negligent breach of essential contractual obligations liability is limited to the foreseeable damage typical for the contract; otherwise liability for slight negligence is excluded. Liability under the German Product Liability Act remains unaffected.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is Münster, provided the customer is a merchant, a legal entity under public law or a special fund under public law. Should a provision be invalid, the validity of the remaining provisions remains unaffected.