Terms & Conditions of Sale

1. Definitions

The definitions below constitute an integral part of these Terms.

"3DIEMME" means 3DIEMME® S.r.l. an Italian company with registered address in Via Risorgimento 9, 22063 Cantù, (CO) Italy;
"Account" means the account as a registered customer, required to download or purchase the Products or the other Services available in the Site; 
"Product" means the RealGUIDE ™Z3D software and related subscription packages which may be downloaded and purchased from the Site;
"Services" means technical support services that are offered to You upon request which are charged by the hour;
"Site" means the website www.realguide.com;
"Team of Experts" means any experts, including other users of RealGUIDE software , or dedicated experts at Zimmer Biomet, Implant Concierge, 3Diemme and third parties authorized partners with whom You have the possibility to share Your project in the cloud;
"Terms" means these terms and conditions, including any other terms incorporated herein by reference;
"You" means any professional individual (e.g.: dental technician, dentist, etc.) or company who is using the Site and/or is purchasing Products or Services from Zimmer Biomet Companies for professional purposes;
"Zimmer Biomet Companies" or "We" (and any declension of such term), means the entities responsible for the provision of the Products and Services offered in the Site, including 3DIEMME as owner of the Site, and their affiliated companies.


2. General conditions of sale

    • You assume all risks and responsibilities arising from the use of the Products or of the Services, whether they are used independently or in combination with other products or services not made by the Zimmer Biomet Companies.
    • Save for gross negligence or wilful misconduct, under no circumstances will the Zimmer Biomet Companies be liable to You, to the Team of Experts or any third party for loss of profits, for treatment failure to comply with generally accepted standards of dental practice or for any other direct or indirect, accidental or consequential damage resulting or arising from the design, composition, conditions, use or performance of the Products or of the Services.
    • Under no circumstances will the Zimmer Biomet Companies be liable for the services performed by third parties, including the concierge services available in the Product. You acknowledge and agree that such concierge services are offered by independent third parties and expressly waive any claim related to such concierge services against the Zimmer Biomet Companies. 
    • Without prejudice to the warranty provided under these Terms, the Zimmer Biomet Companies do not offer any other warranty, express or implied, written or oral, with respect to the Products or the Services, including warranties of merchantability or fitness for any particular use. 
    • Although the information and recommendations in the Site are presented in good faith and in the belief that they are correct, no formal assurances or warranties are made as to their completeness or accuracy. The information is provided on the condition that the persons receiving it, before putting it into practice, make their own decisions regarding the suitability of such information for the specific purposes. Under no circumstances will the Zimmer Biomet Companies be liable for damages of any nature deriving from the use of, or from the reliance made on, information from the Site or Products or Services to which the information refers. It is strongly recommended to attend and complete a recognized postgraduate implantology course, and to strictly adhere to the procedures described in the instruction manuals to the Products and in the related instructions for use. Neither the Products, the Services, nor any information made available by Us are intended to replace the services of a licensed professional healthcare practitioner, or to replace the medical advice of treatment providers.
    • No guarantees are made on the accuracy of descriptions, images, references, features, contents, specifications, prices and availability of the Products or the Services displayed on the Site and the Zimmer Biomet Companies do not assume any liability for any errors or omissions in such materials.

3. Termination

You, may terminate Your access to the Site and Your Account at any time, with or without reason. We may suspend or terminate Your access to the Site and/or Your Account for convenience with 30 days’ advance notice, or immediately if (A) You have materially breached the following provisions of the Terms: Article 2.1 (Payment information), Article 2.6 (Compliance with the law), Article 2.10 (Payment terms); (B) Your use of the Site or of Your Account has harmed or We deem it might harm Us or any other third party.  Upon termination in accordance with above mentioned breaches , Your right to access or use the Site will cease immediately and You will have no further access to any information, files or materials related to Your Account. No liability will arise towards You or any third party as a result of the interruption of the rights to access to Your Account.

4. Governing Law and Jurisdiction

These Terms are governed by the law applicable where the local entity of the Zimmer Biomet Companies selling the Product or the Services to You has its registered office, without reference to any applicable conflict of laws or the UN Convention on Contracts for the International Sale of Goods (CISG).  All disputes between the parties in relation to the subject matter of these Terms will be exclusively adjudicated in the local Court of the city where the local entity of the Zimmer Biomet Companies selling the Product or the Services to You has its registered office (as indicated in Your order confirmation).

5. Additional condition only applicable for Italian selling company users:

Specific acceptance of contractual clauses pursuant to art. 1341, second paragraph, of the Italian Civil Code 

Pursuant to Article 1341 of the Italian Civil Code, You expressly acknowledge that You have read, understood and accepted the following articles of the Terms: article 2.11: "Limitation of liability"; article 3 “Termination”; and article 4: "Governing Law and Jurisdiction"


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