General terms and conditions of sale and privacy policy

1. PREAMBLE

The company DigitalDentalResolutions is a company specialized in the field of dentistry.

digital. "DigitalDentalResolutions" (DDR) is a brand specialized in 3D modeling of dental prostheses or medical devices.

2. DEFINITIONS

2.1 "Client" means the payer, whether a health professional or a laboratory

2.2 "Website" means the website published by DigitalDentalResolutions, accessible at the following address

https://www.steamlabfr.com through which Healthcare Professionals or

laboratories can order custom models.

2.3 "Health Care Professional" means any health care professional who orders

models at DigitalDentalResolutions.

2.4 "Custom Modeling" means any medical device prescribed by a

Health Care Professional or Laboratory, designed by DigitalDentalResolutions for exclusive use only.

of a specific patient, whose design features have been

information provided by the Customer, under his sole and entire responsibility. In this respect, it is

reminded that dental prostheses (removable or fixed such as

crowns, bridges, frames...) designed specifically for a Patient.

are considered to be custom-made medical devices.

2.5 "Product(s)" means any product(s) ordered by the Healthcare Professional.

with DigitalDentalResolutions, including in particular Custom Products.

2.6 "Patient" means any patient on whose behalf a Customer has ordered a

Custom-made product from DDR.

2.7 DigitalDentalResolutions is a limited liability company with a capital of 2,000 euros.

euros having its registered office at 1 boulevard bel-air 74200 thonon les bains, registered in the register of the

commerce and companies of Thonon les bains under the number 878 061 571.

2.8 "Approved Health Data Host" means the company in charge of

the hosting of transmitted Patients' personal health data

by the Customer to DigitalDentalResolutions, as referred to in Article 12 of these Terms and Conditions.

Sales Generals.

2.9 "General Terms and Conditions of Sale" refers to the present general terms and conditions of

sale.

2.10 "Client Account" means the account created by the Healthcare Professional or

laboratory within the database to proceed with the online ordering of Products and

transmit to DigitalDentalResolutions the dental information of its Patients.

2.11 "Order" means any Order placed by a Professional of

health or laboratory with DigitalDentalResolutions by mail or by the

through intra-oral cameras.

3. FIELDS OF APPLICATION

The General Terms and Conditions of Sale apply without reservation to all sales of

Products made by DigitalDentalResolutions and govern the relationship between the Professional of

health, laboratory and DigitalDentalResolutions.

They shall prevail over any provisions to the contrary issued by the health professional.

or the laboratory, in particular under its own terms and conditions,

unless DigitalDentalResolutions has specifically agreed in writing prior to the Order

and the client.

Only the General Terms and Conditions of Sale accepted online by the Professional

of Health or the laboratory at the time of the Order placed by the latter.

with the Laboratory shall apply to the relationship between the Parties.

4. ORDERS

4.1 General provisions

Orders can be placed by the Healthcare Professional or Laboratory

on the Site by email that the Healthcare Professional or laboratory

will have sent, or, by directly sending the dematerialised fingerprint via their intra

oral or specific gateway.

The sale will be perfect only after validation by DigitalDentalResolutions of the Order of the

Health professional or laboratory via acknowledgement of receipt.

Once validation by the Healthcare Professional or Laboratory has been completed, no

cancellation on his part cannot be made.

DigitalDentalResolutions will in any case remain free to accept or refuse requests for

Change to the customer's order.

4.2 Specific Provisions for Ordering Custom Model Products

For each order of custom-modelled products, the customer will inform the

prescription form previously sent by DDR, or on his camera.

The customer will inform, under his sole and entire responsibility, the following elements

:

-identification of the practitioner (in the case of a laboratory)

-patient identification,

-the desired delivery date, and urgency level according to the order(with

(extra charge indicated directly with the order)

-the nature and description of the prosthesis to be made,

-definition of the materials used

-comments related to the case (if special aesthetic requirements, points of

(e.g. special contacts or occlusion contacts, brand and number of implants ... )

The prices charged by DigitalDentalResolutions are accessible within the site.

The Custom Model Product will be made on the basis of :

- the information provided by the customer in the Prescription Form;

- the Patient's fingerprints taken by the Healthcare Professional or laboratory and

transmitted by the latter through their Customer Accounts when they sign up for the contract.

of their Order.

It is reminded that the Health Professional is solely responsible:

the completeness and accuracy of the data entered in the

Prescription he'll have filled out;

the quality of the impression taken of the Patient for whom he orders a Product;

THE LIABILITY OF DIGITALDENTALRESOLUTIONS SHALL IN NO CASE BE

COMMITTED TO THE ASSUMPTION THAT THE PRODUCT MODELS TO MEASURE

THAT HE DELIVERED WOULD BE UNSUITABLE FOR THE PATIENT DUE TO A MISTAKE.

OF THE CLIENT WHEN FILLING OUT THE PRESCRIPTION FORM OF THE

MEDICAL DEVICE MADE TO MEASURE OR BY TAKING IMPRESSIONS

(OCCLUSION, POOR DENTAL QUALITY (OCCLUSION, POOR DISTINCTION OF THE

LIMITS, WRONG FOOTPRINT AT THE CONTACT POINTS OR

DUE TO A PREPARATION).

The customer also remains solely responsible for the quality of the processing or printing.

modeling.

5. HOW TO ORDER A PRODUCT

5.1Creation of a Customer Account

For any online Product(s) Order, the client must first create an online Sales Order form for the Product(s) ordered by the client.

Customer account via a request. The customer can in particular access via a written request to the history of the Orders he has placed, including in particular the invoices relating to the payment of the order, as well as all its exchanges with DigitalDentalResolutions.

The Customer Account is created by the Healthcare Professional or laboratory by filling in the form sent to him/her for his/her identification data.

When creating the Client Account, the Healthcare Professional or laboratory enters the data that allow his identification under his full responsibility, control and direction and undertakes to communicate complete, accurate and up-to-date information and not to usurp the identity of a third party.

5.2Online Ordering Process

No order may be placed if the customer is accused of late payment of previous invoices sent to him.

The Order of the Products is carried out in several stages:

The client fills out his work sheet;

The nature of the work

the desired delivery date with the level of urgency

the name of the patient (and client if it is a laboratory)

IMPORTANT: the emergency levels are classified in order 1, 2, 3 described below.

in Section 7.

Our designers work from 8:45 am to 6:00 pm Monday to Friday.

Please note that the last order (for a delivery during the day) cannot be placed after 5:15 pm and always provided that the platform of the intra oral camera (in the case of an order from the camera) has synchronized the files in time.

After this time, the work will be delivered on the next working day.

Then he uploads his patient's dental impressions (and x-rays if surgical guide).

The customer accepts online the present General Terms and Conditions of Sale, after en

have obligatorily taken note of it.

The client guarantees to have informed his patient of the collection, treatment, and

the hosting of data relating to its health, within the meaning of Article L.1111-8 of the French Data Protection Act (Code de l'hébergement des données relatives à sa santé).

Public Health Code, from a licensed health data host, and

that he did not object for any reason.

The Customer may, if DDR has not yet validated his order, also cancel it in

Sending an email to DDR.

DigitalDentalResolutions will check the quality of the dental impressions.

transmitted by the Healthcare Professional or laboratory and reserves the right, by

cases of poor quality, to request the Health Professional or laboratory to

to send him new fingerprints and will not validate the order while waiting for them.

5.3 Healthcare Professional Camera Control Process

The client must set up his intraoral camera including DigitalDentalResolutions as a laboratory.

According to the cameras the procedure is different and it's up to the client to get closer to

its supplier to carry out this manipulation if necessary.

The client can then send his fingerprints directly to DDR through his

camera with the order he filled out.

A validation request email is sent by DDR to the customer. As long as the order is not validated it will not be processed.

6 PRICES AND TERMS OF PAYMENT

6.1 PRICE

DDR has developed a billing system at the end of me after accounting for orders processed.

Depending on the quantity and type of subscription chosen, the price of the items is degressive.

DigitalDentalResolutions reserves the right to modify the different packages and to change the price.

modeling.

If an order is cancelled at the request of the customer before validation, the order will not be invoiced.

6.2Terms of payment.

Payment for products ordered from DigitalDentalResolutions is made by bank transfer,

check or Paypal.

7 PRODUCT DELIVERY

Unless otherwise agreed between DigitalDentalResolutions and the customer, the delivery of the products

ordered will be made directly by mail or secure exchange gateway.

DDR has established 3 Emergency Delivery Stages.

The normal level allows delivery with a maximum of 24 hours. The customer has the

Possibility to stipulate a (higher) delivery date compatible with this level.

in his order e-mail.

The intermediate level requires DDR to deliver the modeling between 45

min and 5:00 a.m.

The maximum level imposes a delivery with a maximum of 45 minutes.

This level, due to its short lead time, is only valid for crown orders,

bridges, copings, inlays cores, models, veneers and, remains limited to 5 elements.

The time countdown starts either when DigitalDentalResolutions receives the files from the

control either since the appearance of the control on the intraoral camera platform and bilateral DDRclient validation.

This file availability is independent of the performance of DDR, which will not be held responsible for any unusual delay.

"Non-compliance with delivery times": if DigitalDentalResolutions does not meet the deadline

corresponding to the level of urgency requested, the price will be maintained.

In the case of modeling, no traceability sheet

cannot be provided. Minimum thicknesses will be provided by

DDR design. He will scrupulously respect these thicknesses and will not be able to

not go below.

8 TRANSFER OF OWNERSHIP/TRANSFER OF RISK

As soon as the product is delivered, the customer will be able to fully enjoy it.

9 LEGAL GUARANTEES

All products sold by DigitalDentalResolutions are covered by the guarantee

legal provisions set out in articles 1641 et seq. of the Civil Code.

In accordance with the provisions of Articles 1641 et seq. of the Civil Code, the implementation of the

The guarantee for hidden defects only applies to hidden defects of the product.

purchased by the customer, which prevent its use or affect it to such an extent that the customer

wouldn't have acquired it.

The customer cannot claim the benefit of the guarantee for hidden defects for the

apparent defects that he or she may have observed at the time of purchase of the product.

It is up to the customer to prove by all means the existence of the hidden defect (by

for example, by providing supporting documents such as certificates or by the

the conduct of an expert assessment) and to present all the necessary supporting documents to support the

its request (invoice, prescription form and traceability of the product manufactured on the site)

measurement, certificate of conformity).

The Healthcare Professional or Laboratory that intends to implement the guarantee of the

hidden defects, will be able to choose:

10 COMMERCIAL GUARANTEES

10.1 Warranty for apparent defects

Keep the product and ask DigitalDentalResolutions for a price reduction, ask for the

reimbursement of invoiced products.

The implementation of legal guarantees by the customer with DigitalDentalResolutions

does not incur any costs for the latter.

The Healthcare Professional or Laboratory requesting the reimbursement will be

reimbursed by DDR within a maximum period of 14 days after the return of the

non-compliant products.

Upon receipt of the products, the Health Professional or Laboratory checks :

- The conformity of the products delivered with the products ordered and in particular with

the characteristics that they will have filled in the prescription form when they act

of custom-made products;

Any such claim must be made by the client in writing in the space provided.

comment on the order concerned within 5 working days following the date of the order.

delivery of the product, specifying the defects found.

The client must take the necessary steps to allow DDR to identify the failure to

compliance to remedy this where appropriate.

DigitalDentalResolutions does not accept any liability for defects in machining or

DigitalDentalResolutions is in no way responsible for any damage caused by the customer's printing

wrong calibration of the factory or client printer....

In case of a lack of conformity of the customer DigitalDentalResolutions is obliged to remedy the defect.

to the fault found.

DigitalDentalResolutions is not responsible for any problems that may occur in the mouth.

following the machining or printing of the products delivered to the customer. DigitalDentalResolutions will not interfere with

not on the treatment plan decided by the client and therefore will in no way be

responsible for the consequences relating to the treatment plan.

11 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The sale of products by DigitalDentalResolutions does not give the customer any rights to the products.

patents, trademarks and other intellectual or industrial property rights, of which

DigitalDentalResolutions is the owner.

All the elements appearing on the site (texts, brands, logos, photos, etc.) are

strictly protected by intellectual property law throughout the world.

DigitalDentalResolutions is the exclusive owner of the intellectual property rights:

on the site, and in particular on its tree structure, on the organisation and titling of its

visual and graphic identity, its design, ergonomics, its features, and its

functionalities, on software, texts, animated or still images, sounds, know-how,

drawings, graphics and any other element composing the site, on the basis of

data, their structure and content, designed and managed by DigitalDentalResolutions for

the needs of the site edition, on all the elements of the site design that they

either graphic or technical, on trademarks, patents, names, acronyms, logos,

colours, graphics, or other signs that could be used, made or put into

by DigitalDentalResolutions; on the forms of custom-made products that it

markets.

It is therefore forbidden to reproduce in any form whatsoever, to

directly or indirectly, the elements referred to in the preceding paragraph, as well as

alter trademarks, patents, names, acronyms, logos, colours, graphics or other materials

signs appearing on the elements made available within the site, and more

generally to use or exploit these elements other than for the purposes of

the execution hereof.

As such, the reproduction or use of all or part of these elements is

authorized only for the exclusive purpose of information for personal use and

private, any reproduction and any use of copies made for other purposes is prohibited.

expressly prohibited. Any other use, except prior written authorization

of DigitalDentalResolutions is constitutive of counterfeit and sanctioned under the property rights of

intellectual.

12 APPROVED HEALTH DATA HOSTING

The Healthcare Professional or Laboratory acknowledges and agrees that in application of

Article L 1111-8 of the Public Health Code states that health data of a personal nature may be used to

patient personnel communicated to the Laboratory for the manufacture of

products are hosted with a certified health data hosting provider, the

company DigitalDentalResolutions assures to have set up a secure storage and recognized in terms of standard of storage and security.

13 PERSONAL DATA

The information collected on this form is recorded in a file

computerized by DigitalDentalResolutions hosted on an internal server.

The data is stored for 10 years by DigitalDentalResolutions.

You can access and rectify your personal data, ask for it to be corrected, ask for it to be deleted, or ask for it to be deleted.

deletion or exercise your right to limit the processing of your data. In

depending on the legal basis of the processing operation, also mention : You may withdraw

at any time your consent to the processing of your data; You may

also object to the processing of your data; You may also

exercise your right to portability of your data.

Consult the cnil.fr website for more information on your rights.

To exercise these rights or for any question about the processing of your data in

For more information about this device, you can contact us by email: jgobber@ddressolutions.com

14 AGREEMENT OF PROOF

The computerized records maintained in the computer systems of

and the approved health data host under reasonable conditions of

security, will be considered as evidence of communications and

different transmissions of information between the Healthcare Professional and the

Laboratory.

The conservation and archiving of information and data are carried out on a

reliable and durable support in accordance with article 1379 of the Civil Code.

The Health Care Professional or Laboratory acknowledges and agrees that the use of its

login and password constitute an electronic signature within the meaning of the provisions

of the Civil Code, and manifests its consent by characterizing its evidence.

In case of a conflict between the computer systems of DigitalDentalResolutions and/or the hosting provider

and any written document or electronic file in the possession of the

Health professional or Laboratory, it is expressly agreed between the parties that

that the computer systems of DigitalDentalResolutions and/or the hosting provider, each with regard to

concerns him/her, will take precedence over the documents of the Health Professional or Laboratory

and will alone be admitted as evidence.

15 RESPONSIBILITY

THE LIABILITY OF DIGITALDENTALRESOLUTIONS SHALL IN NO CASE BE

COMMITTED IN THE EVENT THAT THE PRODUCT IS MANUFACTURED FROM A MATERIAL

CUSTOM-MADE PRODUCT THAT HE WILL HAVE DELIVERED WOULD BE UNSUITABLE FOR THE PATIENT BECAUSE

AN ERROR ON THE PART OF THE HEALTH CARE PROFESSIONAL OR LABORATORY DURING THE

INFORMATION ON THE PRESCRIPTION FORM FOR THE MEDICAL DEVICE

OR BY TAKING DENTAL IMPRESSIONS OF THE TEETH OF

POOR QUALITY OR POOR CALIBRATION OF THE MACHINE OR

THE PRINTER.

In general, DigitalDentalResolutions can not be held liable:

in the event of non-compliance by the Healthcare Professional or laboratory with its

legal, regulatory and ethical obligations towards its patients;

for the care provided by Healthcare Professionals to their Patients and more

specifically for the testing and installation of the products ordered by these

from DigitalDentalResolutions;

In case of failure to take into account warnings and/or advice to the contrary

formulated by DigitalDentalResolutions; a refusal by the Healthcare Professional or Laboratory

of fittings requested by DigitalDentalResolutions.

16 COMMITMENT TO QUALITY

DigitalDentalResolutions commits itself to use only approved software and to respect the

minimum thicknesses for each of the selected materials.

17 SITE SECURITY

Generally speaking, the security of the site requires Health Professionals or Laboratories:

- to notify the Company of any technical malfunctions observed and of any

anomaly discovered, such as intrusions.

In particular, it is the responsibility of the Healthcare Professional and Laboratory to take

all appropriate measures in order to protect its own data, and

material from contamination by viruses or other forms of circulating attacks

possibly through the site.

Health Care Professionals and Laboratories recognize the existence of risks

inherent to the use of telecommunications, even in the presence of

secure access as implemented within the framework of the Site, and any

particularly in terms of :

unreliability of the Internet network, in particular in data transmission

if applicable,

continuity not guaranteed in the access to the Site;

performance is not guaranteed in terms of volume and speed of transmission of data.

data where appropriate, and the spread of viruses ;

any other technical constraints which are not under the control and the

responsibility of DigitalDentalResolutions.

Under no circumstances can DigitalDentalResolutions be held responsible for these risks and for

their prejudicial consequences, whatever their extent, for the Professional

and the Laboratory.

18 FORCE MAJEURE

In the event of the occurrence of an event of Force Majeure, the Parties will be

exempt from their obligations for the duration of the said event unless the

the resulting delay does not justify the termination of these General Terms and Conditions.

of Sales.

If the Force Majeure event is of such a nature as to definitively prevent the

Parties to perform their obligations, the present General Terms and Conditions of Sale

shall be resolved by operation of law and the Parties shall be released from their obligations in

the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

An event is considered to be a Force Majeure event if it does not fall within the scope of

to the control of the Parties, which could not reasonably be foreseen at the time of the

the placing of the Order, the effects of which cannot be avoided by measures

appropriate.

19 APPLICABLE LAW - SETTLEMENT OF DISPUTES

The General Terms and Conditions of Sale as well as all related documents are subject to the following conditions

to French law.

ANY DISPUTE RELATING TO THE INTERPRETATION OR EXECUTION OF THE

THESE GENERAL TERMS AND CONDITIONS OF SALE IS, IN THE ABSENCE OF AGREEMENT

AMICABLE SETTLEMENT REACHED WITHIN ONE MONTH FROM THE DATE OF THE

NOTIFICATION OF THE DISPUTE BY THE MORE DILIGENT PARTY TO THE OTHER PARTY

PARTY, OF THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF

TUNA BATHS.