TERMS AND CONDITIONS
1 These terms
1.1 It is important that you read these terms and conditions which set out how we supply our products to you.
1.2 As we are providing a service to you under these terms, it is important that you pay specific attention to the following:
1. Our clip on veneers (our products) are a temporary cosmetic prosthesis. They are made of a plastic dental grade material – Thermoplastic Bio Acytel Resin. They are not and should not be considered as an alternative to full porcelain veneers fitted by a dentist (which cost considerably more).
2. The products we provide are tailor made to your specific measurements. ONCE WE HAVE STARTED TO MAKE THE PRODUCT, YOU WILL NOT RECEIVE ANY REFUND EVEN IF YOU CANCEL THE CONTRACT.
1.3 You must be over the age of 18 to purchase our products. If you are under the age of 18, we will require your parents written consent.
2 Information about us and how to contact us
2.1 We are R M Clinic Limited trading as Need That Smile, a company registered in England and Wales. Our company registration number 10054487 and our registered office is at 51 LORD STREET MANCHESTER M3 1HE. Our trading address is PO BOX 329, CHEADLE, SK8 9FS.
2.2 You can contact us by telephoning our customer service team at 01625 464 416 / 07984170511 or by writing to us at our trading address, or email us at email@example.com
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails, text, SMS, or any other social media.
2.5 We are not dentists, nor are we the manufacturers of the product. We cannot and do not offer any advice on any treatment plans that you may have and we would strongly advise that you seek advice from your own general dental practitioner before purchasing our product.
2.6 As our products are made specifically for you, we may have to make alterations (“Alterations”) to the product to ensure that they fit you correctly. Alterations are not faults, nor are they repairs. Alterations may be required if the product:
- Is too loose.
- Is too tight.
- Protrudes over or under the gum line.
- Is too thick.
- Has Cracks / Holes during initial fitting or on delivery.
In order for us to be able to assist you with any fitting issues or Alterations, we will require a photograph of (a) your natural teeth and (b) the product fitted over your natural teeth.
2.7 THE PRODUCT CONTAINS SMALL PARTS and should be kept away from children, used only as instructed, and stored in their correct container (out of the reach of children) when not in use.
3. Our contract with you
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably foresee, because we have identified an error in the price or description of the product, or because you have not given the information that we require from you.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our website is mainly for the promotion of our products in the UK. We do accept orders from and deliver to addresses outside the UK but additional terms apply – please see clause 17.
4 Our products
4.1 We provide a cosmetic product only.
4.2 You should not sleep or smoke whilst wearing the product. Although you can eat and drink whilst wearing the products, we strongly recommend that you avoid doing so as this can cause the material to wear and tear at a faster rate. You should specifically avoid hard foods such as nuts, boiled sweets etc. as they can damage the product beyond repair and may invalidate your warranty. For health and safety reasons, you should not wear the product whilst undertaking any form of physical exercise.
4.3 Due to the nature of the product, the products will not be exactly the same to another and some areas of the product will have to be adjusted to be longer or thicker depending on the design and/or require Alterations.
4.4 If you have loose crowns, veneers or teeth we strongly advise you to consult your general dental practitioner before ordering our product. Unless we have been negligent, we will not be held responsible if our product damages your existing dental work or any injury caused by the product.
4.5 As we are making the product to your specific measurements, it is your responsibility to ensure that you follow strictly the instructions that are sent to you with the impression kit that we provide.
4.6 If you have any unusual or difficult detention needs then these should be specified in advance as we may need more time to create the product and this may incur additional costs.
4.7 Alterations will be made free of charge but you will be required to pay the postage for sending the product to us for altering, but we will pay the cost of posting the altered product to you. You understand that accept that, although in most cases only 1 or 2 alterations to the products will be required, on occasion several alterations may be required in order for the product to fit correctly.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 We may change the product:
(a) To reflect changes in relevant laws and regulatory requirements and;
(b) To implement minor technical adjustments and improvements. These will not affect your use of the product.
7. Providing the products
7.1 We will pay the cost of delivery unless you are ordering from outside of the UK or the goods are being delivered outside of the UK, in which case please see clause 17.
7.2 During the order process we will let you know when we will provide the products to you. As all of our products are made specifically to your order, we are reliant upon you returning the impression kit to us, this is your responsibility to pay for the return postage using a tracked or signed for service. Once received, the time needed to make the product will depend on the amount of work required in making the product and the availability of the product. We therefore only provide you with an estimate delivery date when we receive the impression kit back from you. Generally, we will send out the impression kit to you the day following the date of your order, and once you have sent to us the completed impression kit, we aim to post out the product within approx 10 working days from the next working day after you have paid in full or if you pay in full for the impression kit the approx 10 working days will start the day after we recive the kit back. For example if you pay on a Tuesday your approx 10 working days will start from Wednesday. But, time is not of the essence and our failure to deliver within an estimated time will not amount to a breach of this contract.
7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 The finished product is sent to you by Royal Mail’s signed for service. If no one is available at your address to take delivery, Royal Mail should leave you a note informing you of how to re-arrange delivery or how to collect from a local depot.
7.5 If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and will charge you any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Clause 10.2 will apply.
7.6 We cannot guarantee any delivery date. Time is not, and cannot be made, of the essence. Any delivery date we provide is an estimate only.
7.7 It is your responsibility to follow the instructions carefully when using the impression kit. We will only start to make the products once we have received the impression kit (and payment has been made in full). By agreeing these terms, you understand and agree that the product may need Alterations to ensure that they fit you correctly.
7.8 The product will be your responsibility from the time we deliver the product to the address you gave us.
7.9 You own the product once we have received payment in full.
7.10 We may need certain information from you so that we can supply the products to you, for example, the completed impression kit, information relating to fitting or any alleged defects. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. If you send back to us the impression kit but we cannot make the product due to your failing to properly follow the instructions, we will provide you with 1 additional impression kit free of charge. If you still fail to properly follow the instructions then you can either agree to purchase another impression kit (at the same price as the first) or end the contract at that point but you will not receive any refund for the impression kits.
8. Your rights to end the contract
8.1 Your rights when you end the contract will depend on whether there is anything wrong with the product, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11. Alterations that may be required are not faults. All of the products that we supply are made from the same materials and by the same manufacturer as those shown on the website and all social media.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2.
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period for the impression kit, but this may be subject to deductions and you will have to pay the costs of return of any goods. There is no cooling off period in regards to the actual product.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.4.
8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) We have told you about an upcoming change to the product which you do not agree to.
(b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed.
(c) There is a risk that supply of the products may be significantly delayed because of events outside our control.
(d) You have a legal right to end the contract because of something we have done wrong.
8.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms:
8.3.1 You have 14 days from the date of receipt of the impression kit to return it to us, unopened, and we will give you a full refund. You will be responsible for paying the cost of returning the kit to us.
8.3.2 Once you have used the impression kit, or we have started making the products, you will no longer have the right to change your mind, even if the cancellation period is still running.
8.4 Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. You cannot cancel the contract after 14 days of receiving the impression kit. However, you can still end the contract before the final products are supplied to you. In that case, we can deduct from any refund all of costs that we incur as a result of your ending the contract and in most cases, that cost will amount to 100% of the contract price.
9. How to end the contract with us (including if you have changed your mind)
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01625 464 416 / 07984170511 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us (by tracked delivery service) to PO BOX 329, CHEADLE, SK8 9FS. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will only pay the costs of return:
(a) If the products are faulty or misdescribed.
(b) If you are ending the contract because we have told you of an upcoming change to the product, 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.
In all other circumstances you must pay the costs of delivery.
9.4 We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 If you are exercising your right to change your mind:
(a) We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop i.e. if you unwrap or use the impression kit. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) We may deduct from your refund any administration costs that we incur as a result of your breaking the contract.
9.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the impression kit back from you. For information about how to return a product to us, see clause 9.2.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
(c) You do not, within a reasonable time, allow us to deliver the products.
(d) You do not return the impression kit to us within 6 months from the date that we delivered it to you.
(e) You do not pay in full for the product within 12 months of returning the impression kit to us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01625 464 416 / 07984170511 write to us or email us on email@example.com. In the vast majority of cases, “faults” are not faults, but the product simply requires Alteration. In order for us to assess whether a fault exists or whether an Alteration is required, you must provide us with a photograph of the product, fitted in the mouth and a photograph of your natural teeth.
11.2 If you wish to exercise your legal rights to reject products because they are faulty, you must post them back to us. We will pay the reasonable costs of postage (goods must be returned by Royal Mail tracked post).
11.3 Our providing the final product to you is reliant upon you sending back to us the impression kit. Due to changes in law and regulations, any impression kit sent to you must be returned to us within 6 months if you wish for us to make the products from that kit. Thereafter, we reserve the right to refuse to make the products and you will have to purchase a new impression kit.
11.4 Once you have returned the impression kit following the correct instructions, providing payment has been made in full, we will start making the product. We will only keep the impression kit that you supply to us for a period of 12 months. After that time it will be destroyed and you will have to purchase another impression kit in order to purchase the products from us.
12. Price and payment
12.1 The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the product you order.
12.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.3 We accept payment with AMEX, VISA and MASTERCARD through Worldpay. When you must pay depends on whether you wish to proceed with purchasing our products after receiving the impression kit, or if you are accepted for a payment plan.
(i) You must pay for the impression kit at the time of your order.
(ii) Once you have returned the impression kit to us, we will ask for the remaining payment for the products. We will charge your credit or debit card before we start making the products for you. The products will not be made until they are paid for in full.
(iii) If we agree to provide the products to you under a payment installment plan you must pay for the impression kit at the time of your order. We will then allow you to pay the remainder for the product over a period of 3 months. We will inform you of the date and amount of payment due at the time we agree to your paying by instalments. We will not remind you of when a payment becomes due – it is your responsibility to ensure payments are made on or before the payment date. However, if we do have to write to you to request payment, or for any other reason, we will charge you £25.00 for each letter or email that we write.
THE PRODUCTS WILL NOT BE SENT TO YOU UNTIL ALL PAYMENTS HAVE BEEN MADE IN FULL.
12.4 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13. Our responsibility for loss or damage suffered by you
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; are of satisfactory quality and fit for their general purpose. It is important that you are aware that our products only have a life expectancy of no more than 2 years, and the life expectancy is very much depending upon how often you use the product, the care you take of the product generally in regards to the use of the product.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 4 weeks of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
15.7 Alternative dispute resolution. 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 an alternative dispute resolution provider. At present, we are not a member of any alternative dispute resolution provider. However, please note that disputes may also be submitted for on-line resolution to the European Commission On-Line Dispute Resolution Platform.
16. Our warranty for the products
Once the finished product has been delivered to you, we will use our reasonable efforts to remedy any fitting issues that you may have – this may include:
(i) Discussing any problems with you over the phone.
(ii) Making Alterations to the product during the first 6 months of you owning the product. If any changes are required (which are more than an Alteration), then this will be at additional cost.
(iii) Repairs. Within the first 12 months of you owning the product, we will repair any simple breaks or simple chips free of charge. If there is extensive damage or more than 2 breaks to the product then, if we deem this to be due to misuse, we will not offer any repair. We will assess all breaks on a case by case basis.
(iv) In order for us to be able to assist you with any fitting issues or Alterations, we will require a photograph of (a) your natural teeth and (b) the product fitted over your natural teeth.
Your warranty does not cover Attempted repairs by the customer without written consent from customer service as a temporary fix.
Your warranty does not cover misuse of the product or accidental damage such as child snapping them, pet chewing them sitting on them etc.
Your warranty does not cover cracks and breaks due to the product being loose in the customers mouth this is also advised on the aftercare sheet provided with the product. We do advise to only eat soft foods. PLEASE DONT eat any foods which are hard or chewy for example apples, nuts. sweets and steaks.
It’s the customer’s responsibility to pay for the return postage for the product to be altered or repaired. The customer MUST return the product using a signed for/tracked service and MUST keep the receipt for proof of postage in the event that the delivery company damages or mis places the parcel.
You must return all the veneers if damaged to be covered under the warranty. We will not fix damaged veneers if only part of the original product is returned to us. It is only the manufacturer of the product that can assess if the damaged product should be fixed or remade.
This is NOT the customer’s decision.
This clause does not affect your statutory rights.
17. Additional Clauses if the product is being delivered outside of the UK
17.1 You will be responsible for the cost of postage of both the impression kit and the product when we send these out to you, and when you return them to us (including the cost of postage for Alterations) unless you are returning the product because they are faulty.
17.2 We will inform you of the cost of postage for the impression kit when we accept your order.
17.3 Once we have received the impression kit from you, we will provide you with the cost of postage and the approximate timing for delivery of the product.
17.4 You are solely responsible for any import tax, national or local duties/levies that may be placed on the goods during their delivery to you.
17.5 The product will be deemed delivered under the contract if they are seized and held by any authority due to the non-payment of any tax or levies that may be due on the products.
17.6 All payments must be made in GBP and you will be responsible for any additional charges made by your bank or card provider, or by our bank for handling, administration fees, exchange rate fees etc.
17.7 When you return the impression kit for us to make the product, or for any alterations you are responsible for the payment of any import tax that we incur. It is your responsibility to make enquires of the mail / postage server that you use as to whether import tax will be payable, and to insure the impression kit when returning it to us, and the product if it is being returned for any alternations.