Terms and Conditions of Sale (TCS)

1. Scope

These Terms and Conditions of Sale (“TCS”) govern the relationship between eZtain Lab Laboratory (“we” or “our”) and the prescribing healthcare professional (“you” or “your”) who orders custom orthodontic retainers via our online platform. By placing an order, you agree to be bound by these TCS.

2. Orders

Orders are placed through our web interface, which serves as an online prescription system. You must provide all required information, including patient identification details, digital dental impressions, and prescription specifications. Once placed, the order is considered final and cannot be canceled or modified, as the manufacturing process begins immediately due to the custom nature of the product.

3. Pricing

The prices of eZtain custom orthodontic retainers are specified on our platform. For clients in France, the price is €75 excluding VAT per retainer. For clients in the European Union, Switzerland, and the United Kingdom, the price is €115 excluding VAT per retainer. The listed prices do not include any potential additional fees.

Please note that no commercial discount applies for early payments. The prices listed on our online platform are final and cannot be reduced or further discounted. Prices are subject to change.

4. Payment

Payment may be made by bank transfer within 30 days, monthly SEPA direct debit, or credit card.

5. Late Payment

In the event of late payment, late fees will apply in accordance with applicable legislation. These fees will be calculated based on the current minimum legal interest rate and will be invoiced monthly for each month of delay.

In addition, a fixed compensation fee of €40 will be charged to cover collection costs. This fee is intended to offset expenses incurred in recovering the outstanding amounts.

These penalties and fees will be added to the outstanding amount and must be paid promptly to avoid further delays and costs.

6. Delivery

We provide free delivery of custom orthodontic retainers. Standard delivery times are 7 days from receipt of the prescription. Retainers are shipped via tracked mail and are securely packaged to ensure their integrity during transport.

7. Returns and Refunds

Due to the custom-made nature of our medical devices, we do not accept returns or offer refunds. We are committed to ensuring the quality of our custom orthodontic retainers and to working with you to resolve any issues that may arise during use. Please contact us in the event of a problem so we can find a mutually acceptable solution.

8. Liability

As the manufacturer of custom orthodontic retainers, our responsibility is limited to producing the devices in accordance with the detailed prescription provided by the prescribing practitioner, and in compliance with the general safety and performance requirements set out in Annex I of Regulation (EU) 2017/745 on medical devices (MDR).

We disclaim all liability for errors or omissions in the prescription provided. If a defect or performance issue results from an incorrect or incomplete prescription, the practitioner bears full responsibility.

We make every effort to ensure the quality and performance of our custom retainers. However, we cannot be held liable for any direct or indirect consequences resulting from the use of our devices, including injuries or damages caused by use or misuse of the retainers.

eZtain Lab cannot be held liable for failure to perform the contract in cases of force majeure, such as total or partial disruption or strike of postal services, transport systems, or communication networks.

9. Force Majeure

In the event of a force majeure, as defined by law, that makes it impossible for us to fulfill our contractual obligations, we will be released from those obligations for the duration of the event. Force majeure may include, but is not limited to, natural disasters, strikes, civil unrest, or government actions. We will inform you as soon as possible of any force majeure event that may affect our services.

10. Intellectual Property

eZtain orthodontic retainers are protected by patent number FR3070256A1, and the name “eZtain” is a registered trademark. All content on our website—including text, images, graphics, logos, and icons, as well as their arrangement—is the exclusive property of eZtain Lab, except for trademarks, logos, or content owned by partner companies or authors.

Any reproduction, distribution, modification, adaptation, retransmission, or publication of any part of this content is strictly prohibited without prior express written consent from eZtain Lab. Unauthorized reproduction or representation, by any means, constitutes a violation of intellectual property rights, as defined by Articles L.335-2 and following of the French Intellectual Property Code.

11. Governing Law and Jurisdiction

These online sales terms are governed by French law. In case of disputes arising from the interpretation or execution of these TCS, both parties shall seek to resolve the matter amicably. If no agreement is reached, French courts shall have jurisdiction in accordance with applicable legislation.

12. Amendments to the TCS

We reserve the right to amend these TCS at any time. Amendments will take effect upon publication on our website. Continued use of our platform following any changes constitutes acceptance of the amended TCS. It is your responsibility to regularly review the TCS to stay informed of any updates.