Terms of service

OVERVIEW

Welcome to Akos Dental! The terms “we”, “us”, and “our” refer to Akos Dental operated by Denteq Sp. z o.o.

Denteq Sp. z o.o. operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a carefully curated shopping experience (the “Services”).

Denteq Sp. z o.o. is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, along with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your rights and cover areas such as the disclaimer of warranties and limitation of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on a device that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing details, payment information, and shipping information.

You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account and for all credentials and activities under your account.

You may not transfer, sell, assign, or license the use of your account to any other person.

SECTION 2 – OUR PRODUCTS

Our products are specialized dental instruments intended for use by licensed dental professionals, clinics, and authorized healthcare facilities.

By purchasing from our store, you confirm that you are purchasing for professional/business-related use.

We have made every effort to display as accurately as possible the products and services available in our online stores.

However, please note that the colors and appearance of the products may vary from what is seen on a computer screen depending on the device you use to access the store, as well as the device's settings and configuration.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or will be exactly as depicted or made available in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Denteq Sp. z o.o. reserves the right to accept or decline your order for any reason, at its sole discretion.

Your order will not be accepted until Denteq Sp. z o.o. confirms its acceptance.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Denteq Sp. z o.o. may not be able to cancel it once accepted.

In the event that we do not accept, make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange only according to our Return Policy.

You represent and warrant that the products you purchase are for professional use and are not intended for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless explicitly stated otherwise, the prices displayed do not include VAT, shipping, handling, customs, or import duties.

Prices in our online stores may differ from prices offered in physical stores, other online stores, or third-party stores.

We may occasionally offer promotions through the Services that may affect pricing and are subject to terms and conditions separate from these Terms.

In the event of a conflict between the promotion terms and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

We reserve the right to refuse any order you place with us. You agree to provide current, complete, and accurate purchase and account information (including a valid EU VAT number for intra-community supply of goods) for all purchases made at our store.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for any delays in shipping and delivery. All delivery dates are estimates and are not guaranteed.

We are not liable for any delays caused by carriers, customs clearance, or events beyond our control.

Title and risk of loss pass to you upon our transfer of the products to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including without limitation all trademarks, brands, texts, displays, images, graphics, product reviews, video and audio materials, as well as their design, selection, and arrangement, are the property of Akos Dental, its affiliates, or licensors and are protected by US and foreign patents, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal and non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Akos and Denteq Sp. z o.o., Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws.

All rights not expressly granted herein are reserved by Denteq Sp. z o.o.

The Akos name, logos, product and service names, designs, and slogans are trademarks of Akos, Denteq Sp. z o.o., or its affiliates or licensors. You must not use such marks without the prior written permission of Denteq Sp. z o.o. Shopify, logos, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party customer tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Denteq Sp. z o.o. is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchase transactions are conducted directly with Denteq Sp. z o.o. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Denteq Sp. z o.o., including any injuries, damages, or losses resulting from the purchase of Products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchase and transactions with Denteq Sp. z o.o.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and some personal information may be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have reviewed this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services for your benefit.

The information you submit to the Services will be transmitted to and shared with Shopify and third-party companies, which may be located in a country different from your residence, in order to provide services to you.

Please review our Privacy Policy for more detailed information on how we, Shopify, and our partners use your personal information.

SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send, publish, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, 'Feedback'), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

Furthermore, you represent and warrant that: (i) you possess all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms.

We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.

You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you make and its accuracy.

We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

Accessing and using the Services is only permitted for lawful purposes.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose or in bad faith; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – AGENTS

14.1 This section ("Agents") applies if you use, authorize, enable, or engage an Agent to access, use, or interact with any Services.

"Agent" means software or a service taking autonomous or semi-autonomous action on behalf of or at the direction of any person or entity, and which may be executed on behalf of or using the device of that person, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, in each case, it identifies itself and operates in strict compliance with the requirements set forth in section 14.4 below.

Furthermore, no Agent may access, use, or interact with the Services if we have requested the Agent to refrain from accessing, using, or interacting with any Services.

14.3 We may restrict, including through technical means, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) for all HTTP/HTTPS requests, specify that the request originates from an Agent and disclose the Agent's name by adding the following string to the request: "Agent/[agent name]"; (ii) not hide or conceal the fact that any access, use, or interactions originate from an Agent, for example by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures designed to distinguish human computer use from machine use; (iii) answer truthfully any questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid any measures designed to block, restrict, modify, or control whether and how Agents access, use, or interact with any Shopify consumer service.

SECTION 15 – TERMINATION

We reserve the right to terminate this agreement or prevent you from accessing the Services (or any part thereof) at our sole discretion at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY PROVIDED BY DENTEQ SP. Z O.O., THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

IN NO CASE SHALL DENTEQ SP. Z O.O., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Denteq Sp. z o.o. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Poland, subject to the jurisdiction of the courts corresponding to the registered office of Akos Dental / Denteq Sp. z o.o.

You and Akos Dental consent to the personal and exclusive jurisdiction of these courts.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sklep@akos.eu.

Our contact information is posted below:

Denteq Sp. z o.o.

sklep@akos.eu

ul. Łukowa 1/33, 02-767 Warsaw, Poland

KRS: 0001061222 (District Court for the Capital City of Warsaw)

NIP (VAT EU): PL5213486182, REGON: 141444644

BDO No.: 000179094