YOUR TERMS OF SALE
1. THESE TERMS
1.1. These are the terms and conditions on which we supply products to you ( terms ). They set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3. Summary of some of your key rights:
- 1.3.1. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:
- a) up to 30 days: if your goods are faulty, you can get a refund;
- b) up to six months: if it can't be repaired or replaced, then you're entitled to a full refund in most cases;
- c) up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
- 1.3.2. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
- 1.3.3 The information in this section summarises some of your key rights. It is not intended to replace these terms which you should read carefully.
- 1.4 In these terms, the following definitions apply:
- Order has the meaning given in clause 4.2;
- Products means, together, the Self-Impression Kit, the Veneers, and any other products we may supply to you;
- Self-Impression Kit means the self-impression kit we send out to you to allow you to take an accurate impression of your teeth; and
- Veneers means the specific instasmile clip-on veneers you have chosen to purchase from us.
2. KEY TERMS
While you should be familiar and agree with all our terms before you decide to place an Order, it is particularly important that we draw your attention to the following key terms:
Cancelation and Refunds
2.1. The Veneers are customised to your particular measurements and cannot be used on anyone else. Therefore, once we have started manufacturing the Veneers, you will not be entitled to cancel your contract with us and receive a refund.
2.2. We draw your attention to Regulation 28(b) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which excludes your right to cancel your contract with us.
2.3. Please note that the Veneers are made from dental grade material and are solely intended to be aesthetic in nature. We do not carry out the practice of dentistry in any manner, and we do not engage in any diagnosis and do not provide Veneers which have any therapeutic effects.
2.4. We will not be held liable to you if our Products are not suitable for you. Your use of our Products is at your own risk and it is your responsibility to decide if they are suitable for you. If you have any allergies or any other conditions, please consult your dentist or doctor before using our Products. Likewise, if you develop any adverse symptoms from the use of our Products, please seek professional medical advice.
- 2.5. If you are under the age of 18 you may not buy Veneers from us unless parental or guardian consent has been given.
Limit of liability
2.6. Our liability to you is limited, please see clause 12 for details.
3. WHO WE ARE AND HOW TO CONTACT US
3.1. ' We' , 'us' or 'our' means Smile Lab Solutions Limited, trading as 'instasmile'. We are registered in England and Wales. Our company registration number is 12329900 and our registered office is at No.1 Smithy Court, Wigan, Lancashire, United Kingdom, WN3 6PS.
3.2. ' You' or 'your' means the person using our site to buy Products from us.
3.3. If you want to contact us, please refer to our customer contact page.
3.4. 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 when placing your Order.
3.5. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. OUR CONTRACT WITH YOU
4.1. Below, we set out how a legally binding contract between us and you is made.
4.2. You place an order on our website by following our 'Get Started' tool, where we will ask you a series of questions to help us determine the best type of Veneers for you ( Order ). Please note that if you give false or misleading information regarding your suitability for our Products, we will not be held liable to you (please see clause 2.4 for further information).
4.3. Please read and check your Order carefully before submitting it and correct any errors before confirming your Order.
4.4. When you place your Order, we will acknowledge it by email. This acknowledgement does not, however, mean that your Order has been accepted.
4.5. We may contact you to say that we do not accept your Order. This is typically for the following reasons:
- 4.5.1. the Veneers you would like to order are unavailable;
- 4.5.2. we cannot authorise your payment;
- 4.5.3. there has been a mistake on the pricing or description of the Veneers; or
- 4.5.4. we do not consider our Veneers to be suitable for you, due to issues you may have with your oral health, such as having gum disease (please refer to our suitability guide for further information).
4.6. Our acceptance of your Order will take place when we receive confirmation of a successful payment from you or payment plan creation. We will then confirm your Order number.
4.7. By accepting our terms and placing an Order with us, a legally binding contract will be in place between you and us.
5. RIGHT TO CANCEL
5.1. As noted above, your right to cancel will not apply if we have already started manufacturing your Veneers, however, you may still be able to cancel in other circumstances.
5.2. You may be entitled to cancel this contract and receive a refund within 14 days of receiving the Self-Impression Kit, provided it has not been used.
5.3. To meet the cancellation deadline, you must let us know that you wish to exercise your right to cancel before the 14-day cancellation period expires by contacting us. Our details are set out here.
5.4. You are responsible for posting the Self-Impression Kit back to us. To ensure we receive it, we recommend you use an appropriate tracking service.
5.5. If you have used the Self-Impression Kit but still wish to cancel the contract, you may do so, however you will be liable to pay a £50 admin fee.
5.6. If you cancel this contract and subject to you complying with our returns deadline (see below) we will reimburse to you all payments received from you, including the costs of delivery to you. We will make the reimbursement without undue delay, and not later than:
- 5.6.1. 14 days after the day we received the Self-Impression Kit back from you; or
- 5.6.2. if the Self-Impression Kit was not supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
5.7. We will make the reimbursement to the original payment method as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.8. If you wish to cancel your contract with us but you have already received the Self-Impression Kit you are required to send it back to us without undue delay, and in any event not later than 28 days from the day on which you communicate your cancellation from this contract to us ( Deadline ).
5.9. If we have not received your Self-Impression Kit back by the Deadline, we will be entitled to charge you a £50 admin fee.
6. NATURE OF THE GOODS
- 6.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the Products:
- 6.1.1. are of satisfactory quality;
- 6.1.2. are fit for purpose; and
- 6.1.3. match the description, size and fit of the Products requested.
6.2. We must provide you with Products that comply with your legal rights.
6.3. The packaging of the Products may be different from that shown on our website.
6.4. While we try to make sure that the colours of our Veneers are displayed accurately on our website, please note that the images of them on our website are for illustrative purposes only. Therefore, the image you see online may vary slightly from the Veneers you receive.
6.5. Please note that if you place a repeat order for Veneers previously ordered, different material may be used. Please refer to clause 16.2 for further information.
6.6. Our Veneers are custom made to your specifications, therefore it is your responsibility for ensuring that any information we require is accurate. This includes, but is not limited to:
- 6.6.2. Your use of our online suitability assessment. By taking our online suitability assessment, it is your responsibility to ensure that all information provided to us is correct. We recommend that you thoroughly check that all your data is correct before submitting it to us. If it becomes apparent during our review of your Impressions that you have been dishonest at this stage, we may cancel your contract with us in accordance with clause 17.1.
- 6.7. We will not be held responsible for Veneers that don't fit or are unsuitable due to incorrect information supplied by you (however, please refer to clause 7 and our Refund and Remake policy for your options if your Veneers do not fit).
7. FAULTY PRODUCTS
7.1. Please note that due to the personalised nature of veneers, if your Veneers do not fit properly, it does not mean that they are necessarily faulty.
7.2. If you think your Veneers may be faulty, we will request visual evidence of this to assess them. We may then remake them for you free of charge. Please refer to our Refund and Remake policy for further information.
7.3. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 You may also have other rights in law.
8.1. We use a courier service to deliver our Products to you. They may be sent either to the shipping address provided at the time you place your Order, or to a designated parcel collection point. We will provide further delivery information to you after you have placed your Order.
8.2. Our delivery information will be communicated to you when you place an Order with us, and will depend on what is being delivered to you, as follows:
- 8.2.1. Self-Impression Kit : your estimated delivery date will be within 30 days from the date of your Order; and
- 8.2.2. Veneers : your estimated delivery date will be within 21 days from the date we have assessed the Self-Impression Kit and confirmed that it is suitable for us to use to manufacture your Veneers. We also have an express manufacturing option if you would like your Veneers delivered sooner.
- 8.3. When you have completed your Self-Impression Kit, you are required to either:
- 8.3.1. Post this back to us yourself: if doing so, we recommend that you use a tracked courier service to ensure your Self-Impression Kit gets delivered to us safely; or
- 8.3.2. Use our collection service : we will provide you with a returns label and arrange the collection of your Self-Impression Kit for you.
- Please see our separate delivery and return guide for full instructions on how to complete the returns process.
8.4. Events outside our control. We are not responsible for delays in providing the Products to you for reasons outside our control. However, if something happens which means that there will be a delay in delivering the Products to you, we will contact you as soon as possible and will take such reasonable steps to minimise the delay.
8.5. If you are not at home when the products are delivered. If no one is available at your shipping address to take delivery and the Products cannot be posted through the letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the Products from a local collection point.
8.6. If you do not re-arrange delivery. If you:
- 8.6.1. do not collect the Products as arranged;
- 8.6.2. refuse delivery of the Products; or
- 8.6.3. if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot,
- we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 17 will apply.
Risk and ownership of the Products
8.7. Delivery of the Products will take place when we deliver them to the address that you gave to us.
8.8. You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products (which includes if the Products are left in your chosen 'safe-space', such as an outbuilding or porch).
8.9. When you own the Products
- 8.9.1. You own the Veneers only once payment in full has been received and we deliver them to the shipping address you gave us when you made the Order.
- 8.9.2. You own the Self-Impression Kit from the point you receive it.
- 8.10. Unfortunately, we do not deliver to the following territories: Belarus, Burma/Myanmar, Democratic Republic of Congo, Eritrea, Former Federal Republic of Yugoslavia & Serbia, International Criminal Tribunal for The Former Yugoslavia, Iran, Iraq, Ivory Coast, Lebanon and Syria, Liberia, North Korea (Democratic People's Republic of Korea), Republic of Guinea, Somalia, Sudan, Zimbabwe, Cuba or the Balkans. Please note that we do have a number of international websites which can be accessed using the links in the tab at the top of our website.
9.1. When you must pay. You must pay for the Products before we dispatch them, except when entering into a finance agreement with one of our third party finance providers.
9.2. You may pay for your Products using either: (1) Credit or Debit Card; or (2) by Consumer Finance.
9.3. Credit or Debit card. We currently accept Visa, MasterCard, and American Express. Your credit card or debit card will be charged when an Order is successfully placed with us.
9.4. Finance. We offer a range of finance options with third party finance providers. Our current providers are Splitit and Payl8r. Please note that these providers may undertake eligibility checks against you before offering you consumer finance. Separate terms and conditions will also apply which you should read in full.
9.5. If you have requested a refund in respect of a particular Order ( Order A ) but already owe us money under a separate Order ( Order B ), we will be entitled to offset the amount we refund you for Order A in line with what you already owe us under Order B. Any exercise of our rights under this clause will not prevent us from enforcing any other rights we may have under these terms.
9.6. IF YOU ARE IN DEFAULT OF ANY PAYMENT PLAN REFERRED TO IN 9.4, WE ARE UNABLE TO DEAL WITH ANY ISSUES YOU MAY HAVE IN RELATION TO THE PRODUCTS UNTIL YOUR PLAN IS BROUGHT UP TO DATE.
9.7. IF YOU ARE IN DEFAULT OF ANY PAYMENT DUE TO US, WE RESERVE THE RIGHT TO PASS YOUR DETAILS TO A DEBT COLLECTION AGENCY AND SEEK LEGAL ACTION AGAINST YOU. YOU MAY BE LIABLE TO PAY OUR LEGAL COSTS OF DOING SO AND YOUR CREDIT RATING MAY ALSO BE AFFECTED. WE MAY ALSO CHARGE INTEREST AT A RATE BEING THE GREATER OF:
- 9.7.1. 5% ABOVE THE BASE OF THE BANK OF ENGLAND; OR
- 9.7.2. 4%.
- SUCH INTEREST WILL ACCRUE DAILY UNTIL PAYMENT HAS BEEN MADE.
- 10.1. The price of the Veneers:
- 10.1.1. is in pounds sterling (£) (GBP);
- 10.1.2. includes VAT at the applicable rate; and
- 10.1.3. includes our delivery costs.
10.2. The price of the Veneers will be the price indicated on our website when you placed your Order. We take all reasonable care to ensure that the price of the Veneers advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the Veneers you have chosen.
10.3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of our Veneers we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Veneer'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 Veneer'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 unmistakable and could reasonably have been recognised by you as a miss-pricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
10.4. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know and we will attempt to resolve the issue.
11.1. We provide all our customers with our 30-day manufacturer's warranty, however you may also wish to purchase our extended warranty.
11.2. Both warranties have limitations, including limitations for any liability under clause 12.
11.3. We warrant to you that for a period of 30 days from the date of delivery your Veneers will:
- 11.3.1. conform in all material respects with their description;
- 11.3.2. be free from material defects in material; and
- 11.3.3. be of satisfactory quality; and
- 11.3.4. be fit for the sole purpose of the Veneers, which shall be expressly limited to helping to enhance aesthetic appearance.
- 11.4. If you consider that your Veneers do not comply with Manufacturer's Warranty and would like to make a claim under it, you must provide us with photographic evidence within 14 days so we can investigate the matter further.
11.5. If you have purchased our extended warranty and within 12 months from the date of delivery to you, your Veneers become lost, damaged, or stolen, we will remake your Veneers for free, up to and including a maximum of 2 arches (e.g. 2 x uppers or 1 x upper & 1 x lower).
11.6. Please refer to our warranty guidance page for full details of what is covered under each of the Manufacturer's Warranty and the Extended Warranty, and for information on how you can claim under them.
12. LIMIT ON OUR RESPONSIBILITY TO YOU
12.1. The Veneers are intended to be a cosmetic accessory only and are not suitable for everyone. You should only use them if you do not have any significant health issues. You must also answer our suitability questions correctly to help us determine if the Veneers are suitable for you.
12.2. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- 12.2.1. losses that:
- a) were not foreseeable to you and us when the contract was formed;
- b) that were not caused by any breach on our part;
- 12.2.2. business losses; and
- 12.2.3. losses to non-consumers.
12.3. WE MAKE NO OTHER WARRANTIES OTHER THAN AS EXPRESSLY STATED IN THESE TERMS, AND EXPRESSLY REJECT AND DISCLAIM ANY AND ALL OTHER WARRANTIES OF ANY NATURE, TYPE, AND/OR EXTENT WHATSOEVER.
12.4. IN ABSENCE OF ANY NEGLIGENCE OR OTHER BREACH OF DUTY BY US, OUR LIABILITY TO YOU WILL BE EXPRESSLY LIMITED TO REFUNDING TO YOU THE PRICE PAID FOR THE PRODUCTS. ANY AND ALL CLAIMS FOR CONSEQUENTIAL, INDIRECT, AND/OR PUNITIVE DAMAGES ARE EXPRESSLY WAIVED.
13. SELF-IMPRESSION KIT
13.1. Before we can manufacture your chosen Veneers, we may send you a Self-Impression Kit. We will also provide you with full instructions on how to use the Self-Impression Kit and YOU MUST provide photographs of your impressions to us ( Impressions ).
13.2. Please note the Self-Impression Kit is not suitable for you if:
- 13.2.1. you have any milk teeth;
- 13.2.2. you have loose teeth (including loose crowns, bridges, or veneers) or you have had teeth recently removed;
- 13.2.3. you have existing oral health issues; or
- 13.2.4. you are undergoing dental or orthodontic treatment; or
- 13.2.5. you are allergic to silicone.
13.3. If you have crowns, bridges, or existing veneers, you must take extra care when using the Self-Impression Kit.
13.4. If, due to a build-up of plaque, your use of the Self-Impression Kit is affected, we advise you to remove the plaque and then continue with the Impressions process.
13.5. Once our impressions team have reviewed your Impressions, we will contact you and provide you with further information about how to return your Self-Impression Kit back to us.
13.6. If we do not receive your returned Self-Impression Kit, or if you have used your Self-Impression Kit incorrectly and we are unable to use the Impressions you have provided then:
- 13.6.1. we will contact you to arrange the sending out of a replacement Self- Impression Kit;
- 13.6.2. we will charge you for the cost of any such replacement kit and for the cost of postage and packaging of sending the replacement Self- Impression Kit to you; and
- 13.6.3. you will not be able to cancel the contract in accordance with clause 5.2.
13.7. If you fail to return the Self-Impression Kit and we are unable to contact you for a period of 90 days from date of your Order, we will treat the contract as cancelled, and clause 17.1.2 will apply.
13.8. Please note that we will keep your completed Impressions for 12 months from the date of your Order. If your dental portfolio has not changed within this period, you may place an order with us for a new set of Veneers using your existing Impressions.
13.9. You will be required to complete new Impressions if:
- 13.9.1. more than 12 months from the date of your original Order have passed; or
- 13.9.2. your dental portfolio has changed in any way since you provided your first set of Impressions to us.
- 13.10. Please note that if you re-order Veneers from us, the material we use to make your new Veneers may differ slightly from your previous set of Veneers. Please see clause 16.2 for further information.
- USE OF OUR PRODUCTS
14.1. Eating and drinking. We advise that you can eat and drink when using certain Veneers only. You must follow the product usage recommendations for the particular set of Veneers you've purchased. Eating and drinking while wearing the Veneers is at your own risk. To avoid damage to your Veneers, we do not recommend eating any hard foods, such as sweets, raw carrots or apples, or chewy food like steak. Some Veneers are not suitable for use when also drinking hot drinks as this will cause them to become distorted. Please see our website for full guidance.
14.2. Side effects. Occasionally, side effects may arise from the use of our Products, including tooth and gum sensitivity, soft tissue irritation or soreness. If you experience any side effects, you should cease use of the Products immediately and consult your dentist or medical doctor. If you have any allergies or known chemical sensitivity, you should inform us before placing your order.
14.3. You accept that unless we have been negligent, we will not be held liable for any loss, damages or injury associated with applying for, accepting, or using the Products. We will not be responsible if you develop any allergies or adverse reactions as a result of using the Products. Please refer to clause 12 for further information on our liability to you.
15. INTELLECTUAL PROPERTY RIGHTS
- 15.1. Please note that you only own the Products for your personal use. We do not convey to you in any manner the technology, know-how, processes and procedures, formulae, patents, trademarks, copyrights, and/or any other intellectual property associated with the Products. You agree not to reverse-engineer or otherwise gain or attempt to gain access to our intellectual property.
- 15.2. If you breach clause 15.1 and we suffer a loss as result, we may take legal action against you in respect of our losses, damages, costs (including legal fees) and expenses incurred by us as a result of or in connection with your misuse of our intellectual property rights.
16. CHANGES TO YOUR ORDER
16.1. Your right to make changes.
- 16.1.1. If you wish to make a change to the Veneers you have ordered, please contact us as soon as possible, as once we have started manufacturing your Veneers, no changes can be made.
- 16.1.2. 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 Products, the delivery date, or anything else which would be necessary as a result of your requested change. We will ask you to confirm whether you wish to go ahead with the change.
16.2. Our rights to make changes. We may change any of the Products listed on our website without notice:
- 16.2.1. to reflect changes in relevant laws and regulatory requirements;
- 16.2.2. to reflect changes in technology; and
- 16.2.3. to implement technical adjustments and improvements, for example to address a health and safety or cosmetic concern.
16.3. If you have already placed an order with us and we need to change your chosen Product for one or more of the above reasons, we will let you know. You will be entitled to refuse to accept the substituted Product, in which case we will offer you a refund or a suitable replacement.
16.4. Any changes we make to our Products will not materially affect your use of the Products.
17. OUR RIGHTS TO END OUR CONTRACT WITH YOU
- 17.1. We may end the contract if you break it. We may end our contract with you any time if:
- 17.1.1. you do not make any payment to us or a third party finance provider when it is due and you continue to not make payment within 7 days of us or the payment provider reminding you that such payment is due;
- 17.1.2. you do not, within 90 days of us asking for it, provide us with information that is necessary for us to manufacture the Veneers, for example, your completed Self-Impression Kit, or your Impressions measurements;
- 17.1.3 it becomes apparent that you have provided us with dishonest information during the suitability assessment and we do not consider our Veneers to be suitable for you;
- 17.1.4 you do not, within 90 days, provide us with the information we need to allow us to deliver the Products to you or if the Products are returned to us after attempted delivery;
- 17.1.5 you move address or change the delivery address without letting us know and we are unable to deliver the Products to you;
- 17.1.6 you make or publish any fraudulent, untrue, defamatory, threatening, abusive, offensive, obscene or otherwise inappropriate statements or allegations about us, our officers or our employees, online (including on social media) (we also retain the right to have such content removed);
- 17.1.7 you request a chargeback of the price of the Order; or
- 17.1.8 your Order with us was placed over 12 months ago and you have not been in contact with us for a period of 6 months or more.
17.2 If we end our contract with you under clause 17.1, we will refund any money you have paid us in advance of Veneers we have not yet manufactured, however we will be entitled to charge you for our administration costs for dealing with the cancellation of your contract.
18. PERSONAL INFORMATION
18.1. We will use the personal information you provide to us to supply the Products to you and to process your payment for the Products, and to contact you about similar products we have (if you have chosen to receive this from us).
19.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products, our service to you, or anything else, please contact us on our website and our dedicated customer care team will work with you to resolve the issue.
19.2. If we are still unable to resolve your complaint, you may issue court proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.
20. OTHER IMPORTANT TERMS
20.1. We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
20.2. 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.
20.3. Nobody else has any rights under your contract with us. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4. If a court finds part of these terms illegal, the rest will continue in force. Each paragraph 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.
20.5. Even if we delay in enforcing our rights under our contract with you, 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 if you have broken this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we still provide the Products, we can still require you to make the payment at a later date.
20.6. These terms are subject to change from time to time without notice as to any new customers and/or new orders placed by existing customers.