DISCLAIMER
Please note that the Company provides products which are solely intended to be aesthetic in nature.
The Company has no dental professionals and does not carry out the practice of dentistry in any manner – we do not engage in any diagnosis and do not provide any products which have any therapeutic effect. The Company neither offers professional advice nor provides any treatment or other dental or medical service. Some aesthetic issues may be due to underlying dental and/or medical problems. If you have any queries or concerns regarding the suitability of any of our products, you experience any adverse symptoms, or you have any condition which requires the attention of a professional, please consult your dentist, medical doctor, or other licensed professionals.
OUR TERMS OF SALE
1. These Terms
These are the terms and conditions on which we supply products to you.
Why you should read them. 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. While all terms are important and you should be familiar and agree with all before you decide to place an order, please ensure that you have read and agree with article 15 “LIMITATION OF LIABILITY.”
2. Information About Us and How to Contact Us
Who we are. We are SEBL Group, Inc., a Delaware corporation with several trade names, including but not limited to “instasmile.” Our company registered office is at 55E Monroe Street, Suite 38000, Chicago, Illinois, 60603
How to contact us. You can contact us via the following methods:
Email: [email protected]
Telephone: 833-811-7011 .
Please provide details of your order including name, address and more importantly your order number.
How we may contact you. 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.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Contract with You
How we will accept your order. Our acceptance of your order will take place when we email you to accept it. By accepting the terms and conditions and placing your order you are entering into a legal contract with us.
Your order number. 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.
Do you deliver to my country? 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.
Consumer Finance
If you select to pay via consumer finance, consumer finance shall be provided subject to the applicable terms and conditions of that finance provider. Please note that we do not provide finance itself and it is provided by a third-party provider whose own terms and conditions shall govern the provision of such finance.
Klarna.
Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
Payment Plans
By purchasing through a payment plan (whereby it is not 3rd party consumer finance but provides the capability to split payments across future dates) you are agreeing to pay on the dates outlined as agreed when placing your order.
Payments will be attempted on the dates agreed, any failed payments will be re-attempted 24 hours later with a minimum of 3 attempts up to a total of 5 times. Communication via email will be sent for each failed payment to notify you. If payment continues to fail then your payment plan will be placed into default.
It is important that you make at least the minimum payment when it is due. Failure to make the minimum payment may result in additional fees and interest being charged as outlined below. As a consequence the total cost of your debt may grow. If you don’t make your payments on time, we are entitled to record any defaults that you make at credit reference agencies.
When defaulting on your payment plan you will be given 7 days to bring your account payments up to date. Failure to do so will result in your case being passed across to a debt collection agency with further costs being added at this time. If you have begun the impression process but not completed you will be liable to pay 50% of the order total (plus additional fees).
Additional Fees:
Late Payment: $15 per failed payment
Daily Default Interest: 4% per day
Default Administration Charge: $100
It is important that should you wish to cancel your order or request a refund that you continue to make payments on the account until such queries are resolved.
**Gift Cards **
**1. Purchase **
Gift Cards can only be purchased by paying in full and are not eligible for any type of payment or finance plan. Discount codes and offers cannot be redeemed against the purchase of Gift Cards. Gift Cards will be sent electronically to the email address provided in the checkout at point of purchase with a unique redemption code. No physical gift card will be shipped.
2. Redemption
Multiple Gift Cards can be redeemed in a single transaction and in conjunction with discount codes. Gift Cards can be combined with another payment method to achieve the payment required for the total. If total gift card amount amount exceeds basket price, no refund or cash value will be given. Any unused Gift Card balance will be forfeit & non-refundable.
3. Limitations
Gift Cards, including any unused Gift Cards are valid for a period of six months from the date they are purchased. Gift Cards cannot be used to purchase other gift cards, or be resold or redeemed for cash. Gift Cards are non-refundable in all circumstances, regardless of product suitability or if they are unused. It is your responsibility to check that the receiver of the gift card is suitable for the product. The standard Terms & Conditions of sale apply to Gift Cards. We reserve the right to request additional verification of your identity, Gift Card or account ownership to redeem.
4. Ownership & loss
The risk of loss for Gift Cards is passed to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient via email. We are not responsible if any Gift Card is lost, stolen, destroyed, delivered in to junk mail folders, deleted or used without your permission.
5. Fraud
We will have the right to take funds from alternative forms of payment if a Gift Card has been redeemed fraudulently.
4. Our Products
“Products” refer to both the finished product and the self impression kit
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Making sure your measurements are accurate. If we are making the product in accordance with a self-impression kit or dentist’s impression you have provided to us, you are responsible for ensuring that these measurements and impressions are correct. You can find information and tips on how to measure on our website or by contacting us.
Taking our online suitability assessment. By taking our online suitability assessment, you are confirming that all information you provide is correct. We will not be held responsible for products that don’t fit or are unsuitable (or we have to cancel the order) due to incorrect information supplied by you.
Eating and drinking. We advise that you can eat and drink whilst using certain selected products only. You must follow the product usage recommendations for the particular product model you’ve purchased. Eating and drinking while wearing the product is at your own risk. To avoid damage to the product, we do not recommend eating any hard foods, such as sweets, raw carrots or apples, or chewy food like steak. Some products are not suitable for drinking hot drinks as this will cause the product to distort. This is advised on the website.
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 product 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.
You accept that instasmile will not be held responsible if any allergies, reactions or injuries occur as a result of using the product.
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.
Our Rights to Make Changes
Changes to the products. We may change the product without notice (except as to accepted orders):
to reflect changes in relevant laws and regulatory requirements;
to reflect changes in technology; and
to implement technical adjustments and improvements, for example to address a health and safety or cosmetic concern. These changes will not materially affect your use of the product.
Providing the Products
Delivery costs. The costs of delivery will be displayed to you on our website.
When we will deliver the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date for either the products themselves or (if applicable) for the self-impression kit, which will be within 30 days after the day on which we accept your order. If you provide us with a satisfactorily completed self-impression kit, we will contact you with an estimated delivery date for the products themselves, which will be within 30 days after the day on which we receive the completed self-impression kit back from you.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products as arranged or 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 article 11 will apply.
When you become responsible for the products. Products, whether the products you have ordered or any other products such as self-impression kits, will be your responsibility from the time we deliver the products to the address you gave us.
When you own products. You own the completed products only once payment in full has been received and we deliver the products to the address you gave us. You own the self impression kit from the point you receive it. Please note that you only own the final physical product for your personal use and it is expressly agreed that 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 physical products. You agree not to reverse-engineer or otherwise gain or attempt to gain access to our intellectual property.
What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you, for example, either a satisfactorily completed self-impression kit or a dentist’s impression. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. 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 article 11 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.
5. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see article 6).
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product. If we have to suspend the product for longer than 60 days and are not able to contact you, you will not be eligible for a refund. Occasionally deliveries are returned to us as undeliverable. When the carrier returns an undeliverable package to us, we may contact you to verify the delivery address before it is re-shipped.
Orders that are returned to us as undeliverable cannot be re-shipped until the delivery address is verified by you and any additional postal charges have been settled. If the item is undeliverable due to an error by us, any additional postage costs may be waived.
6.Your Rights to Terminate the Contract
You have the right to end your contract with us. Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
Refund & Remake policy
You have the right to change your mind in respect of the self-impression kit within 14 days of the date in which you placed the order i.e. the cooling off period. No refunds can be made after this 14 days. Due to the custom nature of the products you do not have a right to change your mind from the moment we receive your returned impression.
You have received the self impression kit but your custom product has not yet been made:
If you have not opened the impression kit, you can send it back at your own cost in full sellable condition for a full refund otherwise you will be charged $100 admin fee. Admin fee is subject to change and exchange rate fluctuations.
If you have used the kit and taken a Video Coaching Call, you are entitled to a refund minus an admin fee of $100. Admin fee is subject to change and exchange rate fluctuations.
If you have used the kit and NOT taken a Video Coaching Call, you are entitled to a refund minus an admin fee of $150. Admin fee is subject to change and exchange rate fluctuations.
b) You are deemed unsuitable
If you have been deemed unsuitable after purchasing due to the unique nature of the Smile Assessment, you will be entitled to a refund of 75% of the order value
If you have been deemed unsuitable through answering dishonestly on our smile assessment or to our advisors, you may be entitled to a refund of 50% of the order value as an admin fee at the company’s discretion
If you are deemed unsuitable due to changes in oral health or condition between purchasing online and taking impressions, you are not eligible for a refund.
You have received your custom product:
You must inform us of any defect or fault within the manufacturer's warranty period (7 calendar days for the Moment temporary veneers, and 30 days for the Classic & Platinum veneers) of receiving the product. This MUST be supported with photo and video evidence of the fault for us to fully assess.
If what you have bought is defective, faulty or is assessed by us and deemed it doesn’t fit correctly, you must allow us to remake the product up to two times before any refund is assessed. If the fault is clearly a manufacturing issue and not due to misuse or damage caused by the customer, and the problem persists after two remakes, we will issue a refund minus the admin fee of $150
If there is an issue with the fit of your product, you must report it within the manufacturers warranty period (7 calendar for the Moment temporary veneers, and 30 days for the Classic veneers) of receiving the product along with supporting photo & video evidence to [email protected]. We will assess and may remake the product up to three times. If we can not remake the product to fit the dental profile correctly, we may offer a partial refund up to a maximum of 75% of the total order value.
If you are unhappy with a product due to an expectation issue, we may remake the product free of charge at our discretion once, however a refund will not be offered.
If an issue with the product isn’t reported within the manufacturing warranty period, you will not be able to end the contract with us, claim a refund or a remake.
If you have paid via a payment plan and not paid your plan off you will not be entitled for any form of reimbursement or refund, regardless of where you are within the process until the payment plan has been completed.
You may have a legal right to end the contract and get some or all of your money back if the product is faulty, see article above.
If legal action is threatened or we determine you as denigrating the brand online then all activity regarding the account will cease with immediate effect, including all refund rights and processes, and any rights to a refund will become defunct and ineligible.
If you want to end the contract because of something we have done or have told you we are going to do, see article 9.2;
You will have to pay the costs of return of any products;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.
8. Changing your mind.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of a large number of the products we sell, in particular:
products that are made to your specification or are clearly personalised, this includes products which are made to your completed self-impression kit, dentist’s impression or individual measurements. For the avoidance of doubt, you will not have the right to change your mind from the moment you have completed your self-impression kit (including if you have used your self-impression kit incorrectly), on receipt by us of a dentist’s impression or on attendance by you at one of our clinics; and
products which have been sealed for health protection or hygiene purposes, once these have been unsealed and used by you, for the avoidance of doubt this would include any products which are placed inside the mouth such as mouthguards, clip on veneers or retainers etc.
Whereby you have given false information on our suitability assessment online, meaning the product does not fit or is unsuitable for your dental profile
9. How long do I have to complain? Subject to the qualifications set out in these terms, you have 7 days after the day you (or someone you nominate) receives the products to complain about a fault or issue.
How to End the Contract With Us
THIS ARTICLE 9 APPLIES IF YOU ARE PURCHASING PRODUCTS AS A CONSUMER. IT DOES NOT APPLY IF YOU ARE PURCHASING PRODUCTS AS A BUSINESS OR IN THE COURSE OF TRADE
10. Tell us you want to end the contract due to faults or product issues. To end the contract with us, please contact us within 14 days of receiving the product by emailing [email protected] Please provide your name, home address, details of the order (including the order number) and, where available, your phone number and email address AND photo & video evidence of the fault.
Returning products after ending the contract (excludes custom made products for hygiene reasons except in certain circumstances where we will instruct you to return the product to check its condition). If you end the contract for any reason after products have been dispatched to you or you have received them, you must return any non-custom products (e.g. teeth whitening kit, after-care kit etc.) to us at your cost. You must return the products by posting them back to us by recorded delivery using the return address on the packaging.
Refund requirements. You MUST provide photo and video evidence clearly showing the fault and send these to [email protected]
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If a refund has been agreed and you purchased via a finance or payment plan, this will be amended accordingly on the payment plan and not the bank account linked to the payment plan.
Deductions from refunds. If you have ordered custom-made products, have completed your self-impression kit, or have used products which are placed in the mouth):
we may reduce your refund of the price to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. 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.
When your refund will be made. Your refund will be made within 30 days from :
The day that we have authorised the evidence you have sent us to show the product fault, or
the day on which we receive the product back from you if applicable.
11.Our Rights to Terminate the Contract
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:
you do not make any payment to us when it is due and you continue to not make payment within 7 days of us reminding you that payment is due;
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, for example your completed self-impression kit, dentist’s impression or individual measurements;
you do not, within a reasonable time, allow us to deliver the products to you;
you move address or change the delivery address;
you, in our reasonable opinion, make or publish any fraudulent, untrue, defamatory, threatening, abusive, offensive, obscene or otherwise inappropriate statements or allegations about us, our officers or our employees, either publicly or privately; or
you request a chargeback of the price.
You must compensate us if you breach the contract. If we terminate the contract in the situations set out in article 11.1 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.
12. If There Is a Problem With the Product
How to tell us about problems. Before we can investigate any issue with the product you must send visual evidence (a photograph or video) clearly showing the fault within 7 days (Moment manufacturers warranty period) or 30 days (Classic manufacturers warranty period) of receiving the product. You can do this by emailing us at [email protected]
Summary of your legal rights. Subject to article 11, you must contact us within the manufacturer's warranty period after delivery of the product to you of any issues with the product.
Your obligation to return rejected products (excludes custom made items, except in certain circumstances where we will instruct you to return the product to check its condition). If you wish to exercise your legal rights to reject products you must post them back to us. Please email us at [email protected]
13. LIMITED WARRANTY.
Our warranty has limitations, including limitations for any liability under article 15. We warrant that on delivery and for a period of 7 days (Moment temporary veneers) or 30 days (Classic occasional veneers) from the date of delivery (warranty period), the products will:
conform in all material respects with their description;
be free from material defects in material;
be of satisfactory quality; and
be fit for any purpose held out by us, which shall be expressly limited to helping to enhance aesthetic appearance.
Extended warranty
If you have purchased the optional 12 months guarantee we warrant to remake the product for free within 12 months from dispatch date of final product up to and including a maximum of 2 arches (e.g. 2 x uppers or 1 x upper & 1 x lower). This covers lost, damaged or stolen products.
Warranty is void if a new impression is required.
Subject to article 12.6 and 12.7, if:
you give notice in writing to us during the warranty period and within a reasonable time of discovery that some or all of the products do not comply with the warranty set out in article 12.4;
we are given a reasonable opportunity of examining such products; and
Once a fault has been reported, you must send visual evidence (a photograph or video) clearly showing the fault within the manufacturer's warranty period, which differs according to the product purchased.. You can do this by emailing us at [email protected]
If a return is authorised you may be requested to return such products to us at your cost, we will, at our option, repair or replace the defective product(s), or refund the price of the defective product(s).
Custom made products are manufactured based on the responses to the online smile assessment and a suitable dental impression provided by you. It is your responsibility to ensure that you carry out the impression process accurately and provide a suitable impression that will allow us to manufacture a fit for purpose final product.
If the product is not suitable or is defective due to:
a failure by you to provide an accurate impression;
providing false or inaccurate responses to the questions posed in the smile assessment;
fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
a failure by you to comply with article 12.6,
you will not have a right to reject the goods, and we will have no liability, under this article 12.
14. Self-Impression Kit
A number of the products we sell include the provision by us of a self-impression kit which you will use to create an accurate impression of your teeth and then return to us so that we are able to manufacture your products.
The self-impression kits are not suitable for customers:
with any milk teeth or loose teeth;
with any existing oral health issues; or
who are undergoing dental or orthodontic treatment.
We will be responsible for the cost of postage and packaging for returning the self-impression kit to us. Excludes replacement kits and accessory products.
If the returned impression is not received by us, we reserve the right to charge for a replacement in accordance with article 12.7.
Each self-impression kit contains a spare set of putty in case you make a mistake. If you do not use the spare putty please return it to us.
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 impression you have provided then:
we will contact you to arrange the sending out of a replacement self-impression kit;
we will charge you for the cost of any such replacement kit and for the cost of postage and packaging of sending such replacement kit to you; and
you will not be able to cancel the contract in accordance with article 6 and 7. Please note that we will not be held liable for any loss, damages or injury associated with applying for, accepting, or using the self impression kit or final product.
15. Price and Payment
Where to find the price for the product. 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 13.3 for what happens if we discover an error in the price of the product you order.
Sales Tax. If sales tax is applicable, such shall be charged and reflected on your order, together with the purchase price of the product.
What happens if we got the price wrong? 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 a 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 unmistakable 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 products provided to you.
When you must pay. You must pay for the products before we dispatch them, except when entering in to a finance agreement with one of our third party finance providers.
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.
Customs charges outside the USA. If we are delivering to you outside of the United States, you will pay to us any applicable customs charges or duties. We will not commence manufacture of your products until we have received payment for such customs charges or duties.
Our Responsibility for Loss or Damage Suffered By You
PLEASE READ THIS SECTION CAREFULLY, AS IT SUBSTANTIALLY LIMITS OUR LIABILITY TO YOU.
WE MAKE NO OTHER WARRANTIES OTHER THAN AS EXPRESSLY STATED IN WRITING HEREIN, AND EXPRESSLY REJECT AND DISCLAIM ANY AND ALL OTHER WARRANTIES OF ANY NATURE, TYPE, AND/OR EXTENT WHATSOEVER, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND ANY OTHER ITEMS.
IN THE EVENT THAT ANY PERSON HAS A WARRANTY CLAIM AND/OR ANY OTHER CLAIM, DEMAND, JUDGEMENT, OR OTHER MATTER, INCLUDING BUT NOT LIMITED TO ANY INJURY SUFFERED DUE TO THE USE OF OUR PRODUCTS, OUR LIABILITY SHALL BE EXPRESSLY LIMITED TO REFUNDING TO YOU THE PRICE PAID FOR THE PRODUCT. ANY AND ALL CLAIMS FOR CONSEQUENTIAL, INDIRECT, AND/OR PUNITIVE DAMAGES ARE EXPRESSLY WAIVED.
How We May Use Your Personal Information
How we will use your personal information. We will use the personal information you provide to us:
to supply the products to you;
to process your payment for the products; and
if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by informing us in writing.
We will only give your personal information to third parties where the law either requires or allows us to do so.
Other Important Terms
We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
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.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
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 your breaking 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 continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the State of Illinois, without regard to conflicts of laws principles. Any and all disputes shall be subject to mandatory arbitration under the Rules of the American Arbitration Association, with all claims initiated and maintained in Chicago, Illinois. The costs of arbitration and reasonable attorneys’ fees shall be borne by the non-prevailing party. Any arbitration order or finding shall be enforced through the county courts of Cook County, Illinois.
Changes to these terms.The terms are subject to change from time to time without notice as to any new customers and/or new orders placed by existing customers.
Terms of Website Use
Please Read These Terms of Use Carefully Before Using this Site
Terms of Website Use
These Terms of Use (together with the documents referred to in it) set out the terms on which you ("you/your") may make use of instasmile Limited's (we/our/us) website instasmile.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these Terms of Use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these Terms of Use, you must not use our site.
The website is operated by SEBL Group Inc, a Delaware corporation with its registered address at
SEBL Group Inc
55 E. Monroe Street
Suite 3800
Chicago
Illinois
60603
Other Applicable Terms
These Terms of Use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy (available here: https://us.instasmile.com/privacy-policy) which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate;
If you purchase goods from our site, our Terms and Conditions of Supply (https://us.instasmile.com/terms-and-conditions) will apply to the sales.
Changes to These Terms
We may revise these Terms of Use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to Our Site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing Our Site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may modify, suspend, withdraw, discontinue or change all or any part of our site and/or any and all features and sections of our site, without notice. However, where possible, we will endeavour to inform registered users of any such change via a notice on our site or by email. We will not be liable to you or any third party for any modification or change to our site, or if for any reason our site is unavailable at any time or for any period, whether temporarily or permanently.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Our site is directed to people residing in the USA. We do not represent that content available on or through our site is appropriate, available or permitted by law in any location other than the United States. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from any location outside of the United Kingdom, you do so at your own risk.
Your Account and Password
If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site including trade marks, logos and service marks (Marks). You are prohibited from using any Marks without the express, written permission of us or other relevant third party(s).
We are the owner or licensee of all the material published on our site, including text, graphics, images, HTML source code of our site, and all other materials (Materials). Those Materials are protected by copyright laws, treaties and all other applicable intellectual property rights around the world. All such rights are reserved.
You must not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publish, reproduce, display, publicly perform, distribute or in any way exploit, in whole or in part, any of the Materials for any public or commercial purpose, without the express permission of us and, if required by law, other relevant party(s).
You may print off one copy, and may download extracts, of any page(s) from our site for your own personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged and you must retain all copyright and other proprietary notices contained in our Materials.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you would like information about obtaining permission to use any of the Marks or Materials on our site, please contact us
PATENT INFORMATION
New International Patent Application No. PCT/GB2015/051570; A METHOD OF MAKING A DENTAL DEVICE; |P-20034.WO|. Such patent rights are subject to further protections under international law.
No Reliance on Information
The content and Materials on our site is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to avoid inaccuracies or typographical errors in the content or Materials of our site and keep such content and Materials up to date, we cannot guarantee its accuracy, reliability, relevancy, completeness or timeliness. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
We make no representations, warranties or guarantees, whether express or implied, that the content or Materials on our site is accurate, complete or up-to-date.
Limitation of Our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether expressed or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect, consequential, and/or punitive losses or damages.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of the websites linked on our site. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply (https://instasmile.com/us/terms-and-conditions))
Uploading Content to Our Site
Whenever you make use of a feature that allows you to upload content to our site, make contact with other users of our site, or make use of any chat area, message boards, email function, social network, blog, or similar type of service on any website (Public Communication) you agree that you will comply with the following standards (Content Standards):
you will act in accordance with these Terms of Use, and all other terms and conditions and policies referred to in this agreement;
you will not harass, abuse, defame, threaten, or make hateful or offensive statements in any Public Communication which relate to us, our products, the manufacturers or suppliers of our products, or our employees;
you will not use obscene or indecent language, imaging or other materials in any Public Communication which relate to us, our products, the manufacturers or suppliers of our products, or our employees; and
you will not submit any materials to us, the manufacturers or suppliers of our products, or our employees, which violate the rights of any third party.
We have the right to remove any Public Communication you make on our site and/or prevent you from accessing and using our site if, in our opinion, your use does not comply with the Content Standards.
You warrant that any such contribution does comply with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in such content, you hereby grant to us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such content in any form, medium, or technology known now or later developed.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Content Standards set out in these Terms of Use.
If you wish to make any use of content on our site other than that set out above, please contact us
Third Party Links and Resources in Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources and do not accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any links.
Applicable Law
These terms are governed by the laws of the State of Illinois, without regard to conflicts of laws principles. Any and all disputes shall be subject to mandatory arbitration under the Rules of the American Arbitration Association, with all claims initiated and maintained in Chicago, Illinois. The costs of arbitration and reasonable attorneys’ fees shall be borne by the non-prevailing party. Any arbitration order or finding shall be enforced through the county courts of Cook County, Illinois.
Contact Us
To contact us please email [email protected] or by telephone on (833)-811-7011.
Thank you for visiting our site.
Changes to Terms
These terms are subject to change from time to time, with notice affected by publication on this website’s terms and conditions.
SHIPPING POLICY
Unfortunately, we cannot deliver to the following countries.
Belarus, Burma/Myanmar, Democratic Republic of Congo, Eritrea, 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, Balkans Please review and verify your shipping address on all orders. We are not responsible for orders that do not arrive because an incorrect shipping address was provided.
Once you place your order with instasmile Limited and it has been accepted we will dispatch a self impression kit next working day (Monday – Friday excluding public holidays). Once we dispatch the self impression kit to you we will advise you via email of the relevant tracking information in order to trace your shipment. Once an impression kit has been dispatched from the relevant instasmile office liability of goods is transferred from us to the carrier until it is signed for by you at which point you accept the receipt of goods. Original impression kits are dispatched with a return label so you are able to return the impression to us. We are unable to process impressions older than 6 months nor can we be held responsible for returned impressions that are deemed lost. We also cannot offer a refund after 6 months of the purchase date.
Upon receipt of a suitable impression we will endeavour to manufacture your instasmile product within 30 working days. If there is a problem with your order during the production process, we will contact you to discuss any amendments to the order.
When your custom made instasmile product has been manufactured we will advise you via email of the dispatch details. Once a shipment has been dispatched from the relevant instasmile office liability of goods is transferred from us to the carrier until it is signed for by you at which point you accept the receipt of goods
Lost in Post Items
If you don’t receive the package within 7 days of receiving your dispatch confirmation email:
• Check the tracking details online
• See if someone else has accepted delivery.
• Look around the delivery location.
• Look for a notice of attempted delivery.
• Look for a notice of attempted delivery.
• Contact your local Postal Office
If you are still unable to trace your package please contact us after 7 working days have expired and we will try our best to assist you.
Occasionally deliveries are returned to us as undeliverable. When the carrier returns an undeliverable package to us, an instasmile representative may contact you to verify the delivery address before it is re-shipped.
Orders that are returned to us as undeliverable (see below) can not be re-shipped until the delivery address is verified by you and any additional postal charges have been settled. If the item is undeliverable due to an error by instasmile Limited, any additional postage costs may be wavered.
Reasons for Undeliverable Packages
• Address is a Private mailbox service. – We do not ship to private mailbox services; all items must be shipped to a street address.
• Incorrect Address -If the address is incorrect or outdated, the package is typically returned to us by the Post office or the unintended recipient.
• Failed Delivery Attempts – Usually the Postal service makes three attempts to deliver a package. After two attempts, the package will be returned to us.
• Damaged During Transit. – If a package is damaged on its way to you, the shipper may return it to us without attempting delivery.
• Refused by Recipient – If a recipient is not expecting a package, they may refuse it if they believe it was sent to them in error.