Terms of Service

THIS DOCUMENT CONTAINS TWO SEPARATE SETS OF TERMS AND CONDITIONS. THE TERMS APPLICABLE TO YOU DEPEND ON YOUR GEOGRAPHIC LOCATION.

• CUSTOMERS IN THE UNITED STATES: If you are located in the United States or its territories, the Zima Dental U.S. Terms of Service govern your purchase. These terms include a binding arbitration clause and class action waiver.
• CUSTOMERS OUTSIDE THE UNITED STATES: If you are located outside of the United States, the Zima Dental International Terms of Service govern your purchase.
  

BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THE TERMS AND CONDITIONS APPLICABLE TO YOUR LOCATION.

ZIMA DENTAL U.S. TERMS OF SERVICE

LAST UPDATED: TUESDAY 16 SEPTEMBER 2025

1.    THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS OF SERVICE APPLY EXCLUSIVELY TO CUSTOMERS LOCATED IN THE UNITED STATES AND ITS TERRITORIES. CUSTOMERS OUTSIDE THE UNITED STATES SHOULD REFER TO OUR INTERNATIONAL TERMS OF SERVICE AVAILABLE AT ZIMADENTAL.CO/POLICIES/TERMS-OF-SERVICE. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT. 

BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KP DENTAL LLC. OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through the Zima Dental website (the "Site"). These Terms are subject to change by KP Dental LLC (referred to as "Zima Dental," "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

2.    Order Acceptance and Cancellation. Your order constitutes an offer to purchase products under these Terms. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Zima Dental and you will not take place unless and until you have received your order confirmation email. 

3.    Prices and Payment Terms. 
(a)    All prices posted on this Site 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. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b)    Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4.    Subscription Renewals. You will automatically be charged for your ongoing subscription based on the renewal period you selected at checkout (monthly, 3-month, or 6-month). Each recurring charge will occur on the same calendar date as your initial purchase date (for example, if you purchased on March 24th, you will be billed again on the 24th of the applicable future month based on your selected renewal period). For monthly subscriptions, you will be billed every month. For 3-month subscriptions, you will be billed every three months. For 6-month subscriptions, you will be billed every six months. To cancel, you must log in and cancel the subscription before your next scheduled billing date. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER PERIOD MATCHING YOUR SELECTED RENEWAL FREQUENCY. All cancellation requests received after your scheduled billing date will apply to the following subscription period. You may change your subscription renewal period at any time by logging into your account, but any changes will only take effect at the start of your next billing cycle. We may refuse to renew any subscription in our sole discretion and will provide notice of non-renewal at least 14 days before your next scheduled billing date.

5.    Shipments; Delivery; Title and Risk of Loss. 

(a)    We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b)    Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 

6.    Returns and Refunds. To be eligible for a return, you must contact us through our support page at help.zimadental.com within 30 days of delivery with photos or video of the products and description of any issues. Once approved, you will receive return instructions and our return address. Items must be returned in original, resalable condition with all original packaging and parts. You are responsible for return shipping costs using an insured, trackable service. Upon our receipt and inspection, approved returns will receive a full refund of the purchase price, excluding original shipping costs. Refunds will be processed to your original payment method within 5-7 business days of approval. Sale items and replacement units are non-refundable. 

7.    LIMITED WARRANTY. 

(a) Warranty Period and Coverage. We warrant that our products will be free from manufacturing defects for 12 months from the date of delivery (the "Warranty Period"). This warranty covers manufacturing defects that affect the functionality or longevity of the product.

(b) Warranty Claim Process. If you discover a defect within the Warranty Period, you must stop using the product immediately and contact us with photographic or video evidence and detailed description of the defect. You may be required to return the defective product along with all packaging, parts, accessories, and proof of purchase.

(c) Warranty Exclusions. This warranty does not cover:

(1) Hygiene-Related Issues: Damage, discoloration, foul odors, organic buildup, or corrosion resulting from improper cleaning or maintenance.  We instruct using Zima Ultrasonic Boosting Tablets, but you may use other compatible ultrasonic-specific cleaning products that meet the following specifications: pH-neutral, non-abrasive, and specifically designed for dental appliance cleaning. Additionally, we instruct using Zima Dental Pod wipes, but you may use other compatible wipe products that meet the following specifications: pH-neutral, non-abrasive, and specifically designed for dental use cases.

(2) Electrical Damage: Damage from water exposure, operating near open water sources, or storage in damp environments.

(3) Oral Appliance Damage:  Damage to oral appliances unless such damage was directly caused by a manufacturing defect in our product. For appliance damage claims, we may request reasonable documentation of the damage and its cause, which may include date stamped photographic evidence taken before and after the oral appliance damage. Refunds for damaged appliances will be based on the actual purchase price of the appliance as documented by a valid receipt.

(4) Power-Related Damage: Damage resulting from use of power sources that do not meet the product’s specified voltage and amperage requirements.

(5) Product Misuse: Damage resulting from the use of the product in a manner inconsistent with its intended purpose or operating instructions.

(6) UV Cleaner Damage: Damage to UV-based cleaning units resulting from exposure to liquids, as these units are for dry operation only.

(7) Normal wear and tear, misuse, unauthorized modifications, accidental damage, or failure to follow usage guidelines.

(d) State Law Rights. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In New Jersey, limitations on implied warranties are not permitted for some products, so the above limitations may not apply to you.

(e) Warranty Remedies. For valid warranty claims, we will repair, replace, or refund the product at our discretion. Refunds are only available if repair or replacement is not feasible.

EXCEPT AS SPECIFICALLY PROVIDED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZIMA DENTAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8.    Limitation of Liability.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, SUCH AS NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ZIMA DENTAL, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “ZIMA DENTAL PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITES; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL ZIMA DENTAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ZIMA DENTAL IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITES, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, the limitations in this Section do not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.

9.    Medical Disclaimer. You agree that any information contained in advertisements, on the Site and any materials provided with our Products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our Products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our Products and/or the Materials does not establish a doctor-patient relationship.

10.    Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You agree to comply with all applicable laws and regulations of any state and of the United States with respect to these products or services.

11.    Privacy. Our Privacy Policy, https://zimadental.co/policies/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

12.    Force Majeure.  We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13.    Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

14.    DISPUTE RESOLUTION AND BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a)    Binding Arbitration. You and Zima Dental agree that, except for i) claims related to intellectual property, ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court, and iii) warranty claims under the Magnuson-moss Warranty Act (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms or your relationship to Zima Dental as a customer, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.  INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

(b)    WAIVER OF CLASS ACTIONS. YOU AND ZIMA DENTAL AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or us from participating in a class-wide settlement of claims.

Notwithstanding the foregoing, an arbitrator may consolidate more than one person's claims if Zima Dental provides consent to such consolidation in writing. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

(c)    Conduct of Arbitration; Governing Rules; Informal Resolution. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide.  As stated in Section 13, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide written notice of the potential claim to the opposing party setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Such written notice shall be provided on an individualized basis. Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 60 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Zima Dental, write to legal@zimadental.co.uk or Zima Dental, Office 673, 1007 N Orange St, Wilmington, Delaware 19801, USA.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Unless you and Zima Dental agree otherwise in writing, any hearings for the arbitration will take place (i) in a location to be determined in accordance with the AAA Rules that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

(d)    Mass Arbitrations. To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to AAA against Zima Dental (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch (to the extent there are fewer than 10 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and Zima Dental so agree); (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Zima Dental and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180 days, failing which any of the claimants or Zima Dental may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted. You agree to cooperate in good faith with Zima Dental and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Zima Dental Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. Unless Zima Dental otherwise consents in writing, Zima Dental does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 14(d). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to this Section 14 insofar as it applies to a Mass Filing. If the batching provision in this Section 14(d) or the engagement of a mediator in Section 14(e) is found to be invalid, unenforceable or illegal, then the entirety of this Section 14 shall be null and void, and neither you nor Zima Dental shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(e)    Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA, with Zima Dental and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Zima Dental, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Zima Dental or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Zima Dental nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(f)    30-day right to opt out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to arbitration-opt-out@ZimaDental.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT OUT” and your first and last name and email address associated with your account and stating your intent to opt-out. The notice must be sent within thirty (30) days of (a) the effective date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Zima Dental also will not be bound by them.

(g)    Changes to this Section. If we make any material changes to this Section 14, you may reject any such change by sending us written notice within 30 days of the change to the contact information set forth in Section 14(c). It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of this Section after such first 30 days, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.

(h)    Survival. This Section shall survive any termination of the Terms or of your use of the Services. This Arbitration Agreement will continue to apply even if you or we close your Zima Dental account.

(i)    Federal and State Courts in New York. Except to the extent that arbitration is required, and except as to the enforcement of any arbitration decision or award or with respect to excluded claims set forth in Section 14(a), any action or proceeding may only be instituted in state court in New York County, New York or the federal court nearest to New York County, New York. Accordingly, you and Zima Dental consent to the exclusive personal jurisdiction and venue of such courts for such matters.

15.    Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

16.    No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Zima Dental.

17.    No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18.    Notices.

(a)    To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)    To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Zima Dental, Office 673, 1007 N Orange St, Wilmington, Delaware 19801, USA. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

19.    Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

20.    Entire Agreement. Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

ZIMA DENTAL INTERNATIONAL TERMS OF SERVICE

1       These Terms

1.1 - What these Terms Cover: These Terms contains the terms and conditions on which we supply the Products to you.

1.2 - Please read these Terms carefully before you accept these Terms by ordering Products from us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end these Terms, what to do if there is a problem with the Products and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details in these Terms).

1.3 - How to tell us about problems: If you have any questions or complaints about the Products, please contact us to discuss (using our contact details in these Terms). You can telephone our customer service team on or write to us by email.

2       Introduction

This website (Site) is operated by ZIMA Dental (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site. Any liability is limited to the terms as therein quoted.

3       Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) facilitating or assisting a third party to do any of the above acts.

4       Subscription Products

(a) There are two types of pricing for our Products via the Site:

(1) Products available for purchase for one-off fixed fee prices; and

(2) Products available for purchase on a subscription basis.

(b) The following parts of this clause 4 applies to Products available for purchase on a subscription basis.

(c) We offer Products for purchase on a subscription service, and by placing an order with us, you are agreeing to order the Products from us on an ongoing basis. The details of your subscription (including your subscription pricing and inclusions, your payment method, and your delivery period) are as set out in your account via a link to another website through the Site.

(d) There is no minimum term to your subscription, and you may cancel your subscription at any time in accordance with these Terms.

(e) Your subscription will roll over on an ongoing monthly basis as set out in your account, unless you provide notice to us via email that you wish to cancel your subscription at least 48 hours before the next billing date.

(f) We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email. We will refund you for any unfulfilled orders.

(g) Each time your order is confirmed on the Site following the billing date and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses, and a description of your order.

5 Orders

(a) You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Products for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c) All of the Products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain Products in your order. We will always aim to substitute Products with other similar products.

(d) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(e) Please be aware that some of the Products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering Products for children under 18 years old.

(f) For one-off purchases, when you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(g) All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products

(h) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.

6       Price and payments

(a) In respect of Products available for purchase for one-off fixed fee prices:

(1) you must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause 6. All amounts are stated in pounds sterling, being the currency of the UK, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable); and

(2) you must pay the Price upfront using one of the methods set out on the Site.

(b) In respect of Products available for purchase on a subscription basis:

(1) the Price means the price paid by you in respect of each order;

(2) you will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you cancel your subscription in accordance with these terms, you will be charged the same Price each month as set out in your account on the date that you initially sign up to the subscription and on each monthly anniversary of this date (the Billing Date);

(3) we may pre-authorise or charge your payment method for a nominal amount to verify the payment method; and

(4) we may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Shopify payments and PayPal, and Clearpay in the USA. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f) Where you order the Products for delivery outside of the UK, you may need to pay custom charges or taxes in addition to the Price.

(g) We may from, time to time, issue promotional discount codes for certain Products on the Site. For one-off purchases of Products, to claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. For subscription purchases, to redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

7       Supply of the Products

(a) In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(b) You should only use the Products for their advertised purpose, and in accordance with any instructions provided with the Products. We have no liability should use of products be beyond that as indicated in the instructions.

8       Our right to make changes to the Products

We may change the Products:

(a) to reflect changes in relevant laws and regulatory requirements, which may result in: changes to the packaging or specifications of the Products); or

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not significantly affect your use of the Products.

9       Delivery, title and risk

(a) Where possible, we will deliver the Products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

(b) Any delivery periods displayed on the Site or that we notify you of are estimates only, based on the information provided by the delivery company, and we will use our reasonable endeavours to deliver the Products to you by this time.

(c) If you need to change the delivery address, please notify us immediately in writing

(d) We deliver the products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(e) Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

10    Products Warranty

(a) We warrant to you that the Products we supply to you will be free from manufacturing defects for 12 months from the date of purchase (Warranty Period). This Warranty complements your statutory rights related to the Products, which remain unaffected by this Warranty. The Warranty is valid in the location to which we delivered the Products.

(b) Definition of a Defect: This Warranty covers any manufacturing defects in the Products (Defect). A manufacturing defect is defined as an imperfection or flaw that is present due to a mistake in the manufacturing process, which affects the functionality, or longevity of the Product.

(c) Warranty Claim Process: If you discover a Defect within the Warranty Period, you must stop using the Product immediately and contact us with a photo, video and/or detailed description of the Defect. If requested, you must return the defective Product to us, along with all packaging, parts, accessories, documentation, and proof of purchase.

(d) Costs of Return: You will be responsible for covering any costs associated with returning the Products to us for a Warranty claim.

(e) Assessment of Claims: Upon receipt of the claim, we will evaluate the alleged Defect using the evidence provided, and determine whether the claim qualifies under our Warranty. Our decision regarding the validity of your claim is final.

(f) Refusal to Provide Remedy: We are not obligated to provide a remedy for a claim if the customer refuses to provide sufficient evidence as required by our claims process. Providing adequate evidence is essential to substantiate the claim and assist in our assessment.

(g) Remedy for Valid Claims: If your Warranty claim is validated, we will, at our discretion, either repair the defective Product, provide replacement parts, or replace the entire Product at our expense. The choice between repair, provision of replacement parts, or full replacement is at our discretion. This Warranty only covers refunds (partial and full) if the Product can’t be repaired or replaced.

(h) Exclusions from Warranty Coverage:

The following are not covered by our Warranty:

(1) normal wear and tear;

(2) damage resulting from misuse, abuse, unauthorized repair, modifications or maintenance by you or third parties not part of Zima Dental;

(3) damage resulting from failure to follow the instructions related to the Product’s care and maintenance;

(4) loss or theft of the Product or its components;

(5) accidental damage;

(6) discoloration and aesthetic blemishes not present upon arrival; and

(7) consumable products, including but not limited to sterilizing tablets and oral sprays.

(i) Extension of Warranty with Product Protection Plans: If you have purchased a product protection plan, the Warranty Period will be extended to cover the full length of the plan. For example, if you purchase a 3-year product protection plan, the Warranty Period will be extended by an additional 24 months, resulting in a total coverage period of 36 months. All terms and conditions outlined in this clause 10 will continue to apply throughout the extended period of coverage.

11    Change of mind returns - Exercising your right to change your mind (Consumer Contracts Regulations 2013)

(a) You have 14 days after the day you (or someone you nominate) receive the Products to exercise your legal right to change your mind in respect of the Products

(b) When you don't have the right to change your mind: You do not have a right to change your mind in respect of:

(1) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or

(2) any Products which become mixed inseparably with other items after their delivery

(c) Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind:

(1) we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(2) where you elect to return the Products using a more expensive form of delivery (for example a courier) than we typically use.

(d) When your refund will be made: We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind under clause 11 then:

(1) if the Products are good and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Products back from you; or

(2) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

(e) Costs of return: We will pay the costs of return:

(1) if you are ending these Terms because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

(2) if you are exercising your right to change your mind; or

(3) in all other circumstances you must pay the costs of return.

12     Problems with the Products

(a) If we are supplying Products to you, we are under a legal duty to supply Products that are in conformity with these Terms.

(b) We encourage you to check to the best of your ability for any defects or discrepancies at the earliest opportunity, and notify us as soon as you become aware of any problem.

(c) See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.

13    Medical Products

You agree that any information contained on the Site and any materials provided with our Products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our Products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our Products and/or the Materials does not establish a doctor-patient relationship.

14    Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

(1) copy, in whole or in part, any of Our Intellectual Property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;

(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4) you comply with all other terms of these Terms.

15    Content you upload

(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.

(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

16    General

(a) Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out in these Terms or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(d) Entire agreement: Subject to your rights under the consumer law rights, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(e) Applicable terms: Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order

(f) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site

(g) Severance: If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us, and we are not responsible for any purchases you make from third party websites.

(i) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce or benefit from any of its terms on any person who is not a party to these Terms. This means that nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

Last update: 08 August 2023
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