These Conditions apply to all contracts entered into by us whether
entered into via the website or otherwise. No modification or
variation of any of the Conditions shall be binding unless executed
in writing by the parties. The Smile Place Limited dispenses a
customised tooth whitening system similar to those used widely
in dental practices. If you need to reach us, please email us
at sales@the-smile-place.com. or you can telephone us on Freecall
0800 0857 145. The Smile Place Limited's address is 264 Barlow
Moor Road, Manchester M21 8HA and is its administration office.
We cannot deal with personal callers. Tooth whitening uses a safe
chemical which may cause some mild sensitivity after initial use
which generally disappears after four to five days. Tooth whitening
will only lighten healthy enamel and dentine; dental decay and
artificial components such as fillings, veneers, crowns, bridges,
denture teeth will not be affected by the bleaching process. Impression
taking carries a risk of dislodging defective crowns, bridgework,
veneers and fillings. Periodontal (gum) disease may have already
loosened your teeth and cause swollen gums and spontaneous bleeding,
which may produce an inaccurate impression. You may wish a dentist
to check that none of the above applies to your teeth before you
use this kit, as we will not be liable for any therapeutic, reparative
or restorative dentistry following use of our products. The tooth
trays are custom made devices for the specific use by the customer
and conform to the relevant essential requirement set out in Annex
I of the Medical Device Directive (93/42EEC) Tooth whitening should
not be used if you are pregnant or breast feeding.
By ordering a system from us you confirm that none of these factors
apply to you. Long term continued use of tetracyclines, food and
drink containing high levels of dark colorants may affect the
final degree of teeth whitening and time taken to achieve it.
To comply with UK and EC directives (medical devices) we provide
the carbamide peroxide gel primarily as an antimicrobial agent.
Tooth whitening is a secondary feature and the two properties
cannot be separated. No order is deemed to be accepted nor any
contract made with us until an acceptance of such order has been
made by us to you. We reserve the right (without prejudice to
any other remedy) to reject any order. For the avoidance of doubt,
by placing an order, you are agreeing that such order is subject
to these Conditions. Delivery and handling are subject to an extra
charge.
We will normally send your Kit 1 or refill order by recorded
delivery within 2 working days of successfully taking payment.
You should allow an extra 7 days for cheques to clear. UK residents
need to have someone available at the delivery address given to
us for Royal Mail to be able to delivery your order. Should Royal
Mail be unable to deliver because no-one was available, and you
do not collect the order from your local Royal Mail delivery office
notified by them, the order will be returned to us. We reserve
the right to charge an additional 10.00 pounds to cover further
administrative and postal charges to re-send your order.
Customers outside the UK (Eire and the rest of Europe) should
allow up to an extra 5 working days for the goods to reach you.
We generally despatch Kit 2 which contains the tooth trays and
gels within 4 to 5 working days after receiving accurate impressions.
The stated delivery times apply only to full price paying customers. Whilst
every effort is made to apply these same times to all customers, we reserve
the right to process kits 1 and 2 assigned to discounted orders within a
maximum of 28 days.
Credit card, personal and order information is captured via a
secure 128-bit SSL encrypted page. They are not held in clear
text on any website.
We will not disclose our customers' information to third parties
[unless we sell The Smile Place Limited or its business, in which
case our customers' information will be disclosed to the buyer,
unless you have opted out of this]. Information given to English
Law and the Courts of the United Kingdom shall have non-exclusive
jurisdiction. The Invalidity or unenforceability of any particular
Condition or any other term of the contract shall not affect the
other provisions and the contract shall be construed in all respects
as if such invalid or unenforceable provisions were omitted. The
price of the goods quoted on the website is inclusive of any VAT.
Where a valid claim in respect of goods based on any defect in
their quality or condition or their failure to meet a particular
specification is notified to us in accordance with these Conditions,
we shall replace the goods (or the part in question) free of charge
or refund to you the price of the goods less the cost of postage
and packaging.
Complaints about non-delivery of goods should be emailed or telephoned
to us within two weeks of submitting your order, after that we
reserve the right to charge you an additional fee for sending
a duplicate kit. Complaints concerning the quality of goods must
be made within seven days of receiving them, and you should keep
all original packaging should we require you to return the goods
in question for inspection prior to a possible replacement. We
are unable to replace gel once opened. Non-compliance with the
instructions accompanying the kits may invalidate any claim for
a refund.
Except in respect of death or personal injury caused by our
negligence, we shall not
be liable to you by reason of any representation (unless fraudulent)
or any implied warranty, condition or other term, or any duty
at common law, or under the express terms of the contract, for
any special or consequential loss or damage (whether for loss
of profit, goodwill, turnover or otherwise), costs, expenses or
other claims for compensation whatsoever (and whether caused by
our negligence, or that of our employees or agents or otherwise)
which arise directly or indirectly out of or in connection with
the supply of the goods or their use by you, and our entire liability
under or in connection with the contract shall not exceed the
price of the goods supplied pursuant to the contract except as
expressly provided in these Conditions.
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