Terms of Sale
INVISALIGN ACCESSORIES WEBSTORE TERMS AND CONDITIONS
THANK YOU FOR CHOOSING US. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THIS IS A CONTRACT AND THESE TERMS GOVERN YOUR USE OF THE INVISALIGN ACCESSORIES WEBSTORE (“SITE”) AND HOW WE PROVIDE PRODUCTS TO YOU VIA THE SITE.
BY USING THE SITE, CREATING AN ACCOUNT, OR PLACING AN ORDER, YOU ARE AGREEING TO THESE TERMS DETAILED BELOW.
SCOPE. These are the terms and conditions (“Agreement”) under which we will supply products, services or content (collectively “Products”) to you via the Site. Please read this Agreement before you submit your order. By using the Site, creating an account (if applicable), or placing an order, you agree to be governed by this Agreement.
- INFORMATION ABOUT US; HOW TO CONTACT This Agreement is betweenyou and Align Technology, Inc. and/or its subsidiaries and affiliates (referred to as “Align,” “we,” “our” or “us”), with its principal offices at 410 North Scottsdale Rd., Suite 1300, Tempe, AZ 85281, USA.. You can contact us through our Consumer Support Team at firstname.lastname@example.org
ELECTRONIC COMMUNICATIONS. From time to time, we may be required to send you communications about our Products or about Third Party Products (described in Section 17). You agree we may do so by phone (including SMS), email or mail, using the email address or postal address you provide to us, or by posting the communication on our websites. 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.
- CHANGES TO THIS AGREEMENT. We reserve the right to make changes to this Agreement, in whole or in part, at any time. Changes to this Agreement will be effective when posted on the Site or when we notify you. It is important that you review any changes to this Agreement, because your continued use of the Site indicates your agreement to and acceptance of the
RESTRICTIONS. By using the Site, placing an order, or creating an account, you acknowledge and agree:
- You are 18 years of age or older.
- You reside in Canada.
- You understand and agree that our Site and Products are protected under copyright, trade secret, and other intellectual property laws. You agree that you are only granted the right to use the Site and Products (including for all Third Party Products) for the purposes described by Align. Align reserves all other rights (including any intellectual property rights) in the Site and
- You agree not to modify copy, disassemble, or reverse engineer any Products purchased from the
- You agree not to sell, lease, rent, or distribute (e.g. import or export of) any Products, including Third Party Products, purchased through the Site. You agree to use the Products for personal, household purposes on
- You agree not to use, nor permit any third party to use Products purchased on the Site in a manner that violates any applicable law, regulation, or this
- You may be asked to supply certain information in connection with an order, including, but not limited to, a valid credit card number or other payment account information, a billing address, and shipping information, and you agree all information you provide to us is accurate, current, and
- You agree that by placing an order you are opting to self-pay for the Products, even though some Products may be eligible for insurance or other health benefits
- You agree to use Products will be used in accordance with the instructions included with the
- You agree that Align does not give any medical, dental, or health care IF YOU HAVE OR ARE EXPERIENCING A MEDICAL EMERGENCY, SEEK IMMEDIATE MEDICAL ATTENTION OR DIAL 911.
- PRODUCT AVAILABILITY & All Products offered for sale by us on the Site are subject to availability, and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. We take reasonable care to ensure that the Product descriptions, images and pricing provided to you are up to date and correct.
- PRICE; SHIPPING; Product prices will be indicated on the order page when you place your order. Applicable delivery or shipping fees will be as displayed to you on the Site before you place an order. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. We will deliver your order to you as soon as reasonably possible and will endeavor to ship your order within 30 days after the day on which we accept your order. Notwithstanding the foregoing, Align is not responsible for delays outside our control. If after you have placed an order and you discover an error in the price of the Product you ordered, please refer to Section 8 below. You will be required to pay for your order via the Site and your order will not be deemed accepted by us until payment processing is complete. We reserve the right to re-charge your payment method if your payment method is rejected. The Site may also enable you to store your payment information (e.g. a credit card number or PayPal account) for payment of future orders. You agree that we may store your payment information for payment of future orders. If you are able to create an account (e.g. user credential and password) on the Site, your account information page may provide a summary of the order and charges processed by us. We will also use your payment method to process orders for Third Party Products (as detailed in Section 18 below).
- CHANGES TO ORDERS; If you wish to make a change to an order you placed, please contact us. We will let you know if a change is possible. You may cancel an order you have placed through the Site any time up to two business days after your order by contacting our Consumer Support team at email@example.com
You are responsible for any and all loss or damage to the Products once the carrier has delivered the Products to the address you provide to us.
- RETURNS; RETURN SHIPPING. If you have a problem with or complaint about an Align Product or a Third Party Product you ordered, you can tell us about the problem by contacting our Consumer Support Team at firstname.lastname@example.org
We will pay for the cost of shipping only if the Products are defective or we made an error in pricing, fulfillment or shipping, or in the Product description. In all other circumstances, you must pay for the cost of return shipping. All sales are final after 60 calendar days of order delivery.
- ADVERTISING AND PROMOTIONAL We may communicate to you about other Align services, products, or promotions. Additional terms, conditions, and fees may apply. You acknowledge and agree that any interaction, transaction or agreement you have with third parties because of the advertising and promotional messages displayed to you are entirely between you and such third parties. Align is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
- WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SITE AND PRODUCTS ARE AT YOUR OWNRISK AND PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ALIGN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SITE OR PRODUCTS WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION; THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS, WHICHEVER IS SOONER.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL OUR AFFILIATES OR WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL OUR AFFILIATES OR WE BE LIABLE FOR ANY DAMAGES EXCEEDING ANY AMOUNTS PAID BY YOU ARISING OUT OF YOUR USE OF THE SITE OR PRODUCTS. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION. You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of this Agreement, your use or misuse of the Site, your misuse of the Products, or your violation of any third-party rights.
- OUR RIGHT TO TERMINATE THIS CONTRACT. We may at our sole discretion and without notice, restrict, deny, or terminate this Agreement, or suspend the Site or Products, effective immediately in whole or in part, if we determine that you have violated this Agreement or we reasonably believe there is fraud, misuse, a security concern, illegal activity or unauthorized access issues, or termination of this Agreement is required to protect the public interest, to comply with applicable Align policy, if you no longer agree to receive electronic communications, or if your use of the Site conflicts with our interests.
- OTHER IMPORTANT TERMS
- Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in
- Entire Agreement; Severability; Assignment. This Agreement, including the Supplemental Terms below, is the entire agreement between you and Align regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Align. However, Align may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Align or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Align via our Consumer Support Team at email@example.com
- SUPPLEMENTAL TERMS FOR THIRD PARTY PRODUCTS OR SERVICES. Certain Products manufactured or distributed by third parties (“Third Party Products”) may be offered on the Site. Your choice to purchase any Third Party Products is at your sole discretion, and all payment, delivery, and any other terms, conditions, warranties, or representations associated with any Third Party Products are solely between you and the third party provider. Any representations, marketing statements, descriptions (including statements regarding ingredients) and claims presented on the Site in connection with a Third Party Product are made by the third party manufacturer or distributor, not by Align. You acknowledge and agree that Align is not responsible or liable for any loss or damage as the result of any Third Party products.