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
3. Our Contract with You
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.
By purchasing through Partial.ly you are agreeing to pay according to the terms outlined during the order process for the payment option selected. Impression kit will be sent when the order has been placed, and the final product will not be dispatched until the payment schedule is complete and all outstanding payments have been made. If a scheduled payment fails, you will be notified by email to make the payment or update your payment method details and the payment will automatically attempt to be re-taken within 48 hours. If the payment still fails after this attempt this is defined as ‘payment defaulted’, in which case the order will be put on hold, captured funds will be retained and the product will not be sent until all remaining payments are made. If a payment has defaulted and attempts to contact the customer to resolve have been ignored, the captured funds will be retained and the order will be cancelled.
4. Our Products
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 rights to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: If what you have bought is defective, faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see article 12; 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; If you are a consumer and have just changed your mind about the product, see article 8 and You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and will not be available for certain products. 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.
7. Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 9.2.1 to 9.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: 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; there is a risk that supply of the products may be significantly delayed because of events outside our control; we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or you have a legal right to end the contract because of something we have done wrong.
8. Changing your mind. If you change your mind after you place an order please contact us as soon as possible. We will cooperate with you in cancelling your order and, to the extent that we have not begun production and/or incurred costs, we will arrange for a refund if notified within the 14 day cooling off period. If costs have been incurred and/or production has begun, there may be an offset against a refund, up to the full amount of the price.
9. How long do I have to complain? Subject to the qualifications set out in these terms, you have 14 days after the day you (or someone you nominate) receives the products. How to End the Contract With Us (including If You Have Changed Your Mind) 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. To end the contract with us, please contact us within 14 days 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.
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:
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 14 days 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 14 days after delivery of the product to you of any issues with the product complying with our descriptions and specifications. 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 30 days from the date of delivery (warranty period), the products will: conform in all material respects with their description; be free from material defects in design, material and workmanship; 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. If you have purchased the optional 12 months guarantee we warrant to remake the product for free within 12 months regardless of fault 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). Replacement products may be made using the original impression, 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 7 days. 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 products, or refund the price of the defective products in full. 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 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 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.
On 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 P.O. Box or Private mailbox service. – We do not ship to P.O. Boxes or 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.