Terms of Use

TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE, OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE.

This website (hereinafter, "the Website”) is owned and operated by "DMT LTD" (hereinafter “The Company”, “us”, “we” or “our”). These Terms of Use and Conditions of Sale and any amendments or supplements to it, together with our Privacy Policy (hereinafter, the “Agreement”) form a legally binding agreement between you and The Company. This Agreement applies to any use of the Website, any order you place through the website or by telephone, and your use or attempted use of our products and services (hereinafter, "Your Use"). Your use of the Website shall signify a legally binding agreement between you and The Company.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE ANY OF THE COMPANY PRODUCTS.

Eligibility

In order to use the Website, you must be 18 years old or older, and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

User Content

Subject to this agreement, when providing content to the Website, you grant us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name related to such content in any media known now or hereafter conceived, and grant us freedom to use such content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such content you provide. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms of Use. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us does not and will not infringe any Intellectual Property Rights of any third party. The Company takes no responsibility and assumes no liability for any content provided by you or any third party.

Conditions of Use

You must not use the Website in a way that violates the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not, without our prior written consent, do any of the following: copy, reproduce, rent, lease, loan, sell, or use the content retrieved from the Website in any way. You may not modify, distribute, or re-post any content on the Website for any purpose; or use the content of the Website for any commercial profit whatsoever. You may not disrupt or interfere with the security and / or the sources of the Website, or upload any type of harmful files and / or viruses to the Website. You may not use the Website in any harmful way referring to all applicable laws regarding your use of the Website.

Intellectual Property Rights

The Website is protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. The Company may remove content that appears to infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights of others. In addition, The Company may terminate access by users who appear to infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights of others. Nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of The Company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Trade Marks

"DMT" is a well-known Trade Mark as well as registered international Trade Mark (hereinafter: "TM"). You have no right to use the TM in any way whatsoever. Using the TM without being granted with a written approval of The Company is an infringement of our Intellectual Property rights.

Information on the Website

Information (including, without limitation, advice and recommendations) on the Website is not intended as medical advice. Always consult your doctor before beginning any new treatment. The Company is not responsible for any damage and / or action caused by the information on the Website.

Disclaimer of Warranties

You agree to making use of The Website at your own risk, and that you will be solely responsible for any damage to your computer system or loss of data caused as a result. You agree that the content within the Website is provided to be used on an "AS IS" and "AS AVAILABLE" basis. You agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from content you provide to our Website; use or inability to do so of our Website; pricing, shipping, delays or other guidance provided by us; viruses or other malicious software obtained by accessing or linking to your Website. The Company disclaims all warranties of any kind, expressed or implied. The Company will not be held responsible for the Website to meet your requirements, or that the access to the Website shall will be uninterrupted, or error-free.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you is limited to the greater of (a) any amounts due under the Website Money Back Guarantee, up to the price the item sold for excluding its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Links

The Website may provide links to other websites and/or resources, including advertisers over which The Company has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by The Company of content, items, or services on those third-party websites.

Purchasing

The Company reserves the right, without prior notice, to discontinue or change: specifications, prices on products, and / or other purchase terms, and / or anything else on the Website. The Company will try, but will not guarantee, to describe the items available on the Website as accurately as possible.
If a product from the Website is not “as described” when you receive it, or the packaging on the Website does not match the product you receive, you can return it to us in an unused and undamaged condition in accordance with our Return Policy.

The Company reserves the right to revoke any stated offer, and to correct any errors, at all stages of the order, even after payment charges.
If you order a product, payment must be received by The Company prior to The Company’s acceptance of the order. The Company may require additional information regarding your order if you have not provided all of the information required and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Terms of Use. Once a properly completed order, your authorization, and a form of payment has been received, we will promptly locate the item you have ordered to place it in line for shipment. All items are subject to availability. We will promptly inform you if the product you have ordered is not available, and we may offer you an alternative product of approximately equal quality and value.

The Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If the Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal measures under applicable law. If we discover that an order was placed with fake or stolen cards, the Company will immediately report the incident to federal, state, and/or local enforcement authorities.

Third-Party Purchases

If you have purchased your product through a source other than us, you must coordinate the return or any issue with that source and according to their product return policy. Some distributors have their own return policy. Please make sure to review the source's return policy before making your purchase decision. We are not responsible nor liable for such purchases.

Shipping and Risks.

We ship globally.

All orders are shipped within 2 business days after receipt of your order and payment, both properly completed and cleared. Orders are shipped Monday through Thursday, with the exception of local holidays.

Smaller items, such as gels & creams, are shipped via Standard Registered Post and are typically delivered within 7-15 business days.
Large orders are shipped via DHL or EMS (Express International Airmail), depending on their destinations. Packages shipped via DHL or EMS usually arrive within 3-10 business days. Note that shipments to some destinations, including South America and Africa, may take longer than average.

All the shipping and handling fees are included in the price of each product, no extra charges are added at checkout. In the cases where special shipping and handling is requested by you (outside of the above-described protocols), the extra shipping and handling costs will be incurred by you. In case of a returned order, a full price refund will be issued, minus the shipping costs.

The delivery time is mere speculation, The Company is not responsible for the duration of the delivery, once the item leaves our location.

You understand that product availability may be limited, and particular products may not be available for delivery, in which case the products will be delivered when they become available. If your order shall be delayed (either from the date specified at the time of order, or if no date was specified, beyond 30 days from the date of your order) the Company shall try to contact you. If the Company cannot contact you or you no longer wish to receive the item, the Company shall cancel the order and promptly refund the amount tendered and will do so within 14 business days from the order’s date, no matter what form of payment. The Company shall not be liable for any loss, damage, cost, or expense related to any delay in the shipment or delivery of orders. Bear in mind that any customs fees are the sole responsibility of the buyer. The risk of loss and the title for the ordered items pass to you upon our delivery to the carrier.

International Orders

Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on our Website, you are subject to this Terms of Use with respect to any purchase. The CUSTOMS TAX shall be applied according to the country in which the order was made. The payment information provided should be yours, or you should have the authorization to provide it. The Company has the right to cancel your order at its discretion.

The Company may choose to accept orders from residents of any country. Such orders will be subject to the applicable law from the country in which the order was made. You are obliged and responsible to provide current, complete, and accurate information for your billing account, as well for shipping.

Refused Orders

Should you refuse to accept delivery of your product at the time of its arrival, you will receive your credit minus any shipping costs plus handling charges incurred by the Company. Once we receive the item, it will be examined and approved by our returns department, and then we will credit your account.

Cancellations

Purchase orders are processed on the same day as the purchase is made, making it possible to get customers their products as soon as possible. Should you decide to cancel your order, you must do so immediately. Please bear in mind that orders are most often processed and shipped within 1-24 hours after payment is completed. The time in which the order is fulfilled depends upon the day of the week and the hour at which it is placed. If you would like to cancel an order after more than 2 hours have passed since payment, please do not hesitate to call us with a cancellation request to our Customer Service.

Please do NOT email cancellation requests.

If an order is canceled prior to shipment, the entire purchase credit will be returned to you.

If the cancellation took place after the order has been shipped, you will be responsible for shipping the product back to us. After the returned item arrives to the Company, you will receive your credit minus any shipping costs plus handling charges incurred by the Company.

Warranty

Our devices include a built-in warranty - depending on the product. If your device is not working properly, we will be happy to service it and return it in working order or replace it with a new one.

Please note that customers are responsible for shipping products back to us. We cover the cost of shipping for repaired or replaced items back to you while they are still under warranty, otherwise, the shipping cost is the responsibility of the buyer.

Some products, such as gels and disposable products, are not covered under the terms of this Warranty.

Only the original buyer may use the warranty. If you would like to replace or repair your device, please contact Customer Service. You will be asked to provide a receipt or invoice of your purchase, confirming your name, order number, and date of purchase in order to receive a Return Authorization (RAN) from us.

If you ship a product back to us for return or repair, be sure to wrap and pack it properly in order to ensure the item is not damaged during shipping, as we are only able to provide refunds for unopened, unused products in new condition. Any damage to the product caused during shipping is not covered under the terms of this Warranty.

If you are shipping a product back to us, please make sure to provide us with a tracking number so that we can track its journey back to us.

What Does This Warranty Not Cover?

WARRANTY DISCLAIMER.

THE EXPRESS WARRANTY SET FORTH IN THIS DOCUMENT IS IN LIEU OF ALL OTHER WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT OF THE DEVICE.

Return Policy

We are so confident you will love our products, we are giving you a 60-day, risk-free money-back guarantee on all our products.

The Company will refund your payment within 60 days of our receipt of the returned product, if the purchase was made using any of our payment methods, and only if the product is returned in an unused and undamaged condition. Please pack the item in the original packaging and remember to include all the accessories and parts.

You are responsible for covering the cost of shipping products back to us. The Company issues full refunds of the purchase price minus the cost of shipping and handling, and the cost of disposable items such as gels & creams. If your item is damaged or defective, we will be happy to repair or replace it, as per aforementioned Warranty section.

Please note that we are not responsible for any delays in delivery caused by Customs inspections in the recipient's country, nor are we responsible for any customs duties, VAT, or sales tax charges that may incur upon delivery.

If you are uncertain about your rights to return purchased products, or you want to cancel your order, you may contact Customer Service for assistance.

Electronic Signatures

You acknowledge the agreement to accept all information and communication from the Website to be delivered to you by electronic means, such as e-mail. Such electronic communication shall have the same force and effect as communication done in person and signed by both parties. You further acknowledge and agree that by clicking “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or similar links, you are submitting a legally binding electronic signature and are entering into a legally binding contract that is valid in any jurisdiction.

Communications

You agree that all telephone calls with the Company may be recorded. You verify that any contact information provided by you is true and accurate. You agree to receive telephone calls, e-mails, pre-recorded voice messages, and/or autodialed calls (including text messages) by or on behalf of the Company relating to this Terms of Use, any purchase or transaction with the Company, matters related to your account (including debt collection), and promotions regarding the Company products. These communications may be made by or on behalf of the Company, even if your phone number is registered on any state or federal Do Not Call lists. The Company will not be responsible for any charge you may have as a result.

The Company may obtain, and you expressly agree to be contacted at: e-mail addresses, mailing or shipping addresses, and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide the Company notice within 30 days of any change to your contact information through Customer Service.

Limitation of Liability

You understand and agree that under no circumstances the Company, or any legal entity associated with it, will be liable for any form of damages. This includes, without limitation, any loss of capacity use, loss of profits, loss of data, loss of goodwill, costs of alternative service delivery, or any other indirect, special, incidental, or consequential damages. This applies regardless of how the damage was caused, or any theory of liability, whether for breach of contract, tort (including strict liability negligence) or otherwise arising from the use or inability to use: the Website, items purchased on the site, or the cost of alternative service.

Indemnification

If your use of the Website and / or information you submit or transmit through the Website, infringes upon privacy, tort, or other claims relating to the provision of personal information (not owned by you) to the Company, in contravention of this Terms of Use, and / or your breach of this Terms of Use you declare and agree to indemnify and hold the Company harmless (including its shareholders, directors, officers, employees, agents, co-branders, suppliers, subsidiaries, and affiliates) from any claim or demand, including any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable legal fees, and costs of litigation and any other damage that could be the cause of the above.

Remedies

In the event of any breach or threatened breach by you of this Terms of Use, we shall be entitled to seek an injunction and / or other equitable relief restraining such a breach. Nothing in this Terms of Use shall be construed as prohibiting the Company from pursuing any other remedies available. No delay by the Company in exercising any right or remedy under this Terms of Use shall operate as a waiver of that right or remedy or shall affect the Company’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by the Company in writing.

Termination of Website

You accept and agree that the Company may, without prior notice, at its sole discretion, and at any time terminate or suspend its operation of the Website or your use of the Website, for any reason that the Company deems appropriate. The Company will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use or access to the Website, you agree that this Terms of Use shall survive any such termination. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with the Company.

Exclusive Jurisdiction

The authorized courts in Israel shall have the exclusive right to hear any dispute pertaining to this Terms of Use, its interpretation, and execution.

Terms of This Agreement Update

The Company may change and / or update this Terms of Use from time to time, at its sole discretion, without prior notice to you. Your continued use of the Website constitutes your acceptance of any changes.

Third Party & Agreement Supersede

The Company may assign, transfer, or sub-contract any of our rights or obligations under this Terms of Use to any third party at our discretion.
This Terms of Use supersedes any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

Advertising & Newsletter

You hereby agree to receive advertising & newsletters from the Company and any third party connected to the Company by any means of communication, whether by email, and / or by notice, and / or by telephone, and / or by letter, and / or any other manner.

In the newsletters we provide relevant information and deals, coupons, and other benefits. If you do not wish to receive advertising and / or the newsletter, please contact customer service immediately.