INTRODUCTION

This section of our website explains to you the terms and conditions upon which dibay™ sells and supplies the goods (hereafter referred to as‘Goods’) listed on the dibay.co™ website (hereafter referred to as ‘Website’) to you.
Before confirmation of your order, please be sure to:

  • Read over the terms and conditions (hereafter referred to as ‘Conditions’) in this section and, of particular importance, our Cancellation and Returns Policy in Clause 12, as well as the Limitation of our Liability and Your Indemnity, covered in Clause 16
  • Print a copy of this page for your reference
  • Review our Privacy Policy regarding your personal information

By placing an order for any Goods listed on the dibay™ Website, you agree to be legally bound by these Conditions. If you do not accept these terms, you will be unable to finalize your purchase. These terms may occasionally be modified, updated or amended, at which time they will be immediately posted on this Website.

dibay™ reserves the right to revise, modify, update and amend the Website, the Conditions, and our disclaimers at any time without providing you any notice. Your subsequent use of the Website, or any part thereof, following such a change, shall be deemed to be your acceptance of the change. It is your sole responsibility to regularly check the Website to determine any changes in the Conditions.

ABOUT US

This Website is owned and operated by Edison Medical, Ltd. (hereafter referred to as ‘we’/‘us’/‘our’), a private limited company registered in Israel under company number: 514614668 (VAT).

Our registered office is located at 3 Hashmura St., Zichron Ya’akov 30900, Israel.

COMMUNICATIONS

By using this Website, you agree that the use of email and any other electronic communications is permitted as a long-distance means of communication. Furthermore, you hereby agree that all electronic documentation that we provide you, including but not limited to notices, contracts, information, and any other communications, comply with any legal requirement that said communications be in writing.

Any necessary communication will be made by us to you via email, or we may provide you with information by posting notices on the dibay™ Website.

OVERSEAS ORDERS

The dibay™ Website is intended for users and purchasers around the world.

If dibay™ agrees to supply any Goods ordered on this Website for delivery outside of Israel, said Goods may be subject to import duties and/or additional taxes, fees or expenses incurred in order to comply with foreign regulatory requirements or laws, which are specific to each country. The recipient will be responsible for all payments of any such duties, taxes, fees and/or expenses, in addition to our price, including VAT and cost of delivery. Please take note that dibay™ has no control over these additional charges and cannot predict their amount. We encourage you contact your local customs office or taxation authority for further information before placing your order.
Please be advised that when shipping products internationally, any cross-border shipments may be subject to opening and inspection by customs authorities. Please also be aware that you are required to comply with all applicable laws and regulations of the destination country to which the Goods are being sent. dibay™ will not be held liable for any breach by any second party of any such laws.

REGISTRATION

When registering on the dibay™ Website, you are required to choose a username and password. You are responsible for any and all actions taken under your chosen username and password.

By registering on the dibay™ Website you agree:

  • that all details you provide to us for the purpose of dibay™ Website registration and purchasing of Goods are accurate, true, complete, and current in all regards.
  • to immediately notify us of any changes to the information you provided during registration or to your personal information.
  • that if you are under 18, you have your parent or guardian’s permission to register with dibay™ and to purchase Goods from the dibay™ Website, in conjunction with and under their supervision.
  • to use the dibay™ Website using no one else’s but your own username and password.
  • to make every effort to keep your password protected and safe.
  • to not disclose your password to any third party.
  • to immediately change your password should you discover that it has been compromised.
  • to neither transfer nor sell your username and/or password to any third party, nor permit, directly or indirectly, any third party to use them.
  • you authorize dibay™ to transmit your personal information that you’ve provided us with, including but not limited to your name and address, as well as any updated information, to obtain information from third parties about you, including, but not limited to, credit reports, and so that we may authenticate your identity

dibay™ reserves the right to terminate an agreement we have formed with you in concordance with Clause 9 (see ‘Order Process and Formation of Contract’ below) and to suspend and/or terminate your access to the dibay™ Website immediately and without any notice to you if:

  • you do not succeed to make a payment to us when due.
  • you breach any of the dibay™ Conditions.
  • you impersonate another party, person or entity.
  • when requested by dibay™ to do so, you fail, within a reasonable amount of time, to provide us with necessary information to permit us to determine the accuracy and/or validity of any information supplied by you or by your identity .
  • we suspect that you have engaged, or are intending to engage, or have been involved in any way, in illegal or fraudulent activity on the dibay™ Website.

ELIGIBILITY TO PURCHASE FROM THE WEBSITE

In order to be eligible to purchase Goods on the dibay™ Website and lawfully enter into and form a contract with us, it is required that you:

  • are 18 years of age or older;
  • are legally capable of entering into a binding contract;
  • provide the full details of a delivery address.

If you are under the age of 18, you are only permitted to use the dibay™ Website in conjunction with, and under the supervision of, your parent or guardian. If you do not meet one of the aforementioned requirements, you may not use our Website.

PRICE

The prices of all Goods are listed on the dibay™ Website.

Delivery is free of cost on all orders with a value of $400 or more.

Unless stated otherwise, the quoted prices exclude VAT and delivery charges, both of which will be added to the total amount due from you at their current rate, at the time of purchase.

dibay™ reserves the right, by giving prior notice to its customers at any time before delivery or before the carrying out of our obligations to our customers, to increase the price of Goods to reflect any increase in cost to us due to any factor beyond our control (including but not limited to any foreign currency exchange fluctuation, a significant increase in the cost of labor, materials or other costs of the manufacturing process). In the unlikely event that this occurs, you, the customer, will be entitled to cancel your order at any time before delivery.

PAYMENT

Payment can be made as a prepayment via PayPal, which also accepts non-user, one-time guest credit or debit card payments.

By placing an order, you consent to a payment being charged to your PayPal/debit/credit card account as provided on the order form upon checkout.

Payment will be debited and deducted from the relevant account before dispatch of the Goods to you.

When you pay for your order by debit/credit card, we carry out certain checks that include obtaining authorization from your card issuer to ensure your account contains adequate funds and for security purposes. This may involve the validation of your name, address and other personal information supplied by you to dibay™ during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

By accepting the aforementioned Conditions you:

  • agree that all the details you provide to dibay™ for the purpose of purchasing Goods are correct and that the payment card you for which you have provided us the details is your own and that there are sufficient funds to cover the cost of the ordered Goods.
  • agree that any and all Goods ordered by you are for your own private and/or domestic use only and are not intended for resale.
  • authorize dibay™ to transmit the payment and delivery information you have provided to dibay™ during the order process (included any updated information) for the purpose of obtaining authorization from your card issuer to ensure you possess adequate funds, to confirm and authenticate your identity, to validate your payment card and for any additional security reasons, such as fraud prevention.

We shall contact you in the case that any problems occur with the authorization of your card.

We will take all reasonable care possible, as much as is in our power to do so, to keep all details of your order and payment secure, however in the absence of negligence on our part, dibay™ cannot be held liable or responsible for any loss you may suffer if a third-party gains possession of unauthorized access to any data you provide when accessing or ordering from the dibay™ website.

ORDER PROCESS AND FORMATION OF A CONTRACT

All orders from the dibay.co™ website are subject to acceptance by dibay™ and individual-basis availability. If any Good(s) ordered is/are not available, you will be notified by email as quickly as possible and you will have the option to either wait until the item is available or to cancel your order entirely. It is your responsibility of you the customer to provide us with a valid email address so that we may contact you regarding your order if necessary.

Any order placed by you represents an offer made by you to purchase Goods from us. All such offers received from you are subject to acceptance by us. We at dibay™ reserve the right to refuse any order placed at any time by you prior to its acceptance, without providing you with an explanation.

You, the customer, are responsible for ensuring that the details you have provided during the order process are correct and accurate. dibay™ will not accept an order unless all of the requested details of you, the customer, have been provided.

You agree that if we contact you to acknowledge receipt of your order, that such communication does not declare our acceptance of your offer to purchase Goods ordered by you from the dibay™ website.

A contract between you and us (referred to hereon as ‘Contract’) incorporating these Conditions will subsist only after we have debited the total amount due from your PayPal account or payment card and we have confirmed that the Goods have been dispatched. We will send you a confirmation email (hereon referred to as ‘Confirmation Notice’) once these actions have been completed.

The Confirmation Notice will serve as the equivalent of acceptance of your offer to buy Goods from us. The Contract will only be formed and in place when we send you the Confirmation Notice (regardless of whether or not you receive it).

Where we agree to supply Goods to you permanently or on a continuous (ongoing) basis, such as by long-term contract of provision, those goods will be provided for a minimum fixed period of time (hereon referred to as The length of Minimum Duration shall depend on which product you have selected to purchase and its availability.

The Contract will relate only to the Goods declared in the Confirmation Notice. We are not obliged to supply any other Goods which may have been included in your order until we have sent you a separate Confirmation Notice regarding those other Goods.

You must verify that the details stated in the Confirmation Notice are correct and you should print out and keep a copy of the Confirmation Notice for your own records.

You will be subject to the version of our policies and Conditions in force at the time that you place your order for Goods from us, unless any change to the stated policies or Conditions is required to be made by order of law or governmental authority.

We will notify you of any change(s) to our policies or to these Conditions before we send the Confirmation Notice to you, in which case we are entitled to assume that you have accepted these changed and the subsequent new policies and Conditions, unless we receive written notification from you that states the contrary within seven working days of our sending the Confirmation Notice.

DELIVERY

Goods will be delivered to the shipping address you provided us during the order process, which may be an address different than the billing address.

We employ professional carriers to deliver your Goods from our facility to the shipping address you have provided us. Nevertheless, you must examine the Goods upon arrival. If you are required to provide your signature upon delivery, you are responsible for examining the Goods before signing for them.
All Goods are required to be signed for by an adult of 18 years of age or older upon delivery.

Any dates quoted for delivery of Goods are only approximate. If no date is specified, delivery will take place within 30 days or that which is deemed a reasonable amount of time from the date of the Confirmation Notice, unless exceptional circumstances exist.

We will not be liable for any delay that may occur in delivering Goods.

Goods may be sent to you in separate installments.

For deliveries on local holidays, we will attempt to dispatch all Goods within 24 hours, but cannot guarantee that dispatching time on local holidays and weekends.

RISK AND TITLE

Goods will be considered your responsibility and at your risk from the moment of delivery.

Ownership of Goods will only pass to you when we receive payment in its entirety of all balances due with respect to said Goods, including VAT and the cost of delivery.

CANCELLING YOUR CONTRACT AND RETURNS:

You have the right to cancel your order for the Goods at anytime prior to receiving a Confirmation Notice from us.

If you have already received the Goods, please provide us with a written notice within 7 working days, beginning from the day after you received the Goods.

You may send us a cancellation notice either by sending us an email at info@dibay.co, or by calling us at +972.74.7022.771, or to our local office in your country if we have one, which you can find on the Contact Us page of the dibay™ website.

To be processed correctly, your cancellation notice must include your name and your order reference number.

Upon receiving your cancellation notice, we will contact you and provide you with the details of where you should return the Goods, as well as any other relevant instructions.

You must then immediately return the Goods to us, which will be at your own cost and risk.

Goods are required to be returned to us in the same condition in which you received them.

You must return Goods in their original packaging and include the original invoice.

You are obligated by law to take reasonable care of any Goods you are intending to return while they are in your possession.

If you fail to comply with the aforementioned obligation, we may have the right to take action against you for compensation.

Faulty, damaged or wrongly delivered goods
We will provide you with you a refund of the full purchase price, including cost of delivery for shipping the goods to you, as well as the cost incurred by you in returning the Goods in question to us, if one of the following is true:

– The Goods were damaged upon delivery.

– The Goods are in faulty condition.

– The Goods were delivered to you by mistake.

In this case, we will consent to a full refund, provided that you return the Goods to us and we are reasonably satisfied that they did not suffer any damage after delivery, nor have they been misused or used other than for what they are intended in accordance with the instructions, and finally that we see that the problem is not due to normal wear and tear.

Alternatively, an option available to you instead of a refund (which also requires that you return the Goods as required under this clause) is that we will replace the Goods with the same or a similar product (in this case, the replacement is subject to stock availability).

Occasionally, the product specifications from the manufacturer may change. In such a case, if you do request a replacement, we will do our best to provide you with a substitute of equal or better quality at the same price. If you are not satisfied with the substitute, you can return the Goods to us.

In order to claim a refund or replacement item, it is important that you send us a cancellation notice as soon as you become aware of a problem. This must be done no later than 10 working days after delivery of the faulty item, with communication either by email to info@dibay.co or by phone (see Contact Us page for your dibay™’s contact phone number in your country).

The cancellation notice must include within it your name, a brief description of the problem, fault or damage of the Goods in question, and your order reference number.

Upon receiving your cancellation notice, we will contact you as soon as possible and provide the details of where you must return the Goods and all other relevant instructions.

You must then immediately return the Goods to us.

Incorrectly priced or described goods
Though we attempt to ensure that all the information on dibay.co™ is accurate, errors may occur.

In the unlikely event that the price and/or description of a given item listed on dibay.co™ has been incorrectly advertised, dibay™ is not under any obligation to sell or provide those Goods to you.

* If we detect the error prior sending you a Confirmation Notice, we will at our discretion either reject and cancel your order and notify you of said action, or we will inform you as soon as possible and offer you the option of cancelling the order yourself, or reconfirming under the correct conditions, be they a different price or description. If we offer you the option of cancelling your order or reconfirming it at the corrected price and/or description, but are either unable to contact you or do not receive a response from you within 14 days of sending you notification (whether you receive it or not), we reserve the right to reject and cancel your order.

* If we detect the error after sending you a Confirmation Notice, we may, at our discretion and with no liability incurred on your behalf, cancel the Contract, provided that the error is, in our reasonable opinion, unmistakable and obvious and could have reasonably been recognized by you. We will notify you if we cancel the Contract.

* If your order is rejected or cancelled and you have already paid for the Goods, dibay™ will provide you with a full refund.

Processing refunds

Once the Goods for returned have arrived at our facility, we will examine them and notify you via email within a reasonable period of time regarding your refund or replacement item.

We will normally process a refund or delivery of replacement Goods as soon as possible.

Refunds are made by crediting the debit/credit card or PayPal account was used to purchase the Goods.
dibay™ reserves the right to refuse to issue a refund or replacement, as well as to recover the cost of returning or collecting any Goods in the event that said Goods are found to have incurred damage after delivery, or that they have been misused or used other than for what they are intended in accordance with the instructions, or that the problem is a result of normal wear and tear or if the Goods have not been returned in their original packaging. This does not affect your statutory rights.

Our shipping address for returns is:

dibay
PO Box 616

Zichron Ya’akov 30900

Israel

COMPLAINTS

If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at info@dibay.co, by phone (see the Contact Us page for our contact number in your country), or by post at PO Box 616, Zichron Ya’akov 30900, Israel.

INTELLECTUAL PROPERTY

The content of the dibay™ Website is protected by copyright (including design copyrights), patent, trademarks, database and additional intellectual property rights, as well as similar proprietary rights which include, but are not limited to, all rights involving works, materials, techniques, data, computer programs, source codes, technical information, trading business brand names, goodwill, the style or presentation of the goods or services, marketing schemes and strategies, creations, inventions or improvements/additions to an invention, know-how and any research effort relating to dibay™/Edison Medical Ltd., confidential information, moral rights and any homologous rights in any country (both registered and unregistered, and including applications for and the right to apply for them in any part of the world). You furthermore acknowledge that the intellectual property rights in the content and material provided as part of the dibay™ Website shall remain with us and/or our licensors.

You are permitted to download or copy the content and other downloadable items and information displayed on the dibay™ Website under the condition that the material shall only be used for personal and non-commercial purposes. Copying or storing content from the dibay™ Website for anything other than personal use is strictly prohibited.

You are permitted to retrieve and display the content of the dibay™ Website on a computer screen, store said content in electronic form on a disk (however not on any server or other storage device linked to a network), or print one copy of said content for your personal, non-commercial use, provided that you keep all and any copyright and proprietary notices in tact. You are not permitted to otherwise reproduce, copy, modify, distribute or use any material or content on the dibay™ Website for commercial purposes.

You hereby acknowledge that any other use of the content and material of the dibay™ Website is expressly prohibited and you agree to not (and in addition agree to not assist or facilitate any third party to) reproduce, copy, transmit, distribute, publish, display, commercially exploit or create derivative works from aforementioned content and material.

No license is granted to you under these Conditions to use any of our trademarks or those of our affiliated companies.

Goods sold by dibay™ and dibay™ Website content may be subject to copyright, trademark and/or other intellectual property rights in favor of third parties. We acknowledge those rights.

COMPATIBILITY

Edison Medical™ offers a wide range of products systems that are compatible with the majority of leading implants companies available in the market:

  • Biomet 3i® Certain®
  • Astra Tech™ Aqua®, Lilac®, EV®
  • BioHorizons®
  • Implant Direct®
  • Adin®
  • Alpha Bio®
  • Cortex®
  • AB Dental®
  • Nobel Brånemark System® Replace®, Active®, Multi-unit®
  • ITI®, Straumann®, Straumann Bone Level®, SynOcta®, CrossFit®
  • MIS®,  MIS C1®
  • Zimmer Screw Vent™, SwissPlus™
  • Osstem®
  • Neoss®
  • Neo Biotech®
  • Dentium®
  • DIO®
  • MegaGen®, AnyOne®, AnyRidge®, EZ®

Registered trademarks are owned by their respective companies and there is no commercial relationship with dibay™ and/or the  Edison Medical™ brand. Its mention is made for proper identification purpose of the dental implant with which the Edison Medical™ abutments can be used.

WEBSITE USE

You are permitted to use the dibay™ Website and materials contained on it only as expressly authorized by dibay™ under our terms of use.

LIABILITY AND INDEMNITY

Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence.
Fraud or fraudulent misrepresentation.
Action pursuant to section 2(3) of the Consumer Protection Act 1987.
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss);
  • or any loss of goodwill or reputation;
  • or any special or indirect losses;
  • or any loss of data;
  • or wasted management or office time;
  • or any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1. to 16.8.6., is strictly limited to the purchase price of the Goods you purchased.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

FORCE MAJEURE

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
Strikes, lock-outs or other industrial action.
Shortages of labour, fuel, power, raw materials.
Late, defective performance or non-performance by suppliers.
Private or public telecommunication, computer network failures or breakdown of equipment.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Acts, decrees, legislation, regulations or restrictions of any government.
Other causes, beyond our reasonable control.
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

PRIVACY POLICY

In order to monitor and improve customer service, we sometimes record telephone calls.
We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).
You can find full details of our Privacy Policy on the Website.

THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

EXTERNAL LINKS

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
The privacy practices of such websites.
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.
The use which others make of these websites; or
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

LINKING TO THE WEBSITE

You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
Any agreed link must be:
To the Website’s homepage.
Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in Israel and the law in any country from which they are hosted.
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it.
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

NOTICES

All notices given by you to us must be given to us at 3 Hashmura St. Zicron Jacob 30900 Israel or by using info@dibay.co. We may give notice as described in clause 3.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

ENTIRE AGREEMENT

The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.

GENERAL

We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in Israel.
Every purchase you make shall be deemed performed in Israel.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of Israel and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Israel.

Website – terms and conditions of use

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular clause 10.3.

The Website is owned and operated by Edison Medical Ltd (‘we’/’us’/’our’), a limited company registered in Israel under company number: 514614668 (VAT)
Having our registered office at 3 Hashmura St. Zicron Jacob 30900, Israel.

The term ‘you’ refers to the user or viewer of our Website.
By browsing on or using the Website you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website.

ACCESS

You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair
Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

REGISTERING ON THIS WEBSITE

When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
By registering on the Website you undertake:
That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects.
You will notify us immediately of any changes to the information provided on registration.
You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision.
To only use the Website using your own username and password.
To make every effort to keep your password safe.
Not to disclose your password to anyone.
To change your password immediately upon discovering that it has been compromised.
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

ELIGIBILITY TO PURCHASE FROM THE WEBSITE

To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
Be 18 years of age or over.
Be legally capable of entering into a binding contract.
Provide full details of a delivery address.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

INTELLECTUAL PROPERTY

The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Edison Medical Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you to use any of our trade marks or those of our affiliated companies.

DISCLAIMER

It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
We will not be liable to you if the Website is unavailable at any time.
We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
Any prices and offers are only valid at the time they are published on the Website.
All prices and descriptions supersede all previous publications.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.

USE OF THE WEBSITE

You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
We reserve the right to:
Make changes to the information or materials on this Website at any time and without notice to you.
Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
Refuse to post material on the Website or to remove material already posted on the Website
You may not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
Breaching any applicable local, national or international laws, regulations or code of practice
Gaining unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of the Website
Breaching any laws concerning the use of public telecommunications networks
Interfering with, disrupting or damaging networks or websites connected to the Website.
Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
To create and/or publish your own database that features all or substantial parts of the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
In addition, you must not:
Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website.
Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it.
Attack the Website via a denial-of-service attack or a distributed denial-of service attack.
Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

SUSPENDING OR TERMINATING YOUR ACCESS

We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
You fail to make any payment to us when due.
You breach the terms of these terms and conditions (repeatedly or otherwise).
You are impersonating any other person or entity.
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

LIMITATION OF LIABILITY AND INDEMNITY

Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
Death or personal injury resulting from our negligence.
Fraud or fraudulent misrepresentation.
Action pursuant to section 2(3) of the Consumer Protection Act 1987.
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings).
Any loss of goodwill or reputation; or
Any special or indirect losses; or
Any loss of data.
Wasted management or office time.
Any other loss or damage of any kind.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer.

GENERAL

We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in Israel.
These terms and conditions will be governed by the laws of Israel and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Israel.