TERMS AND CONDITIONS
Smile & Sparkle Limited, web terms, July 2018
1.1 In these conditions “the Company” means Smile & Sparkle Limited, whose registered office is at Bourne End Farm, London Road, Hemel Hempstead, Hertfordshire HP1 2RH and “the Customer” means the person, firm or company to whom the order form is addressed.
1.2 The “Kit” means all tooth whitening kit and/or consumables supplied by the Company to the Customer.
2. Formation of the Contract
2.1 These conditions shall form the basis of the contract between the Company and the Customer.
2.2 No servant or agent of the Company has power to vary these conditions orally, or to make representations or promises about the condition of the Kit, its fitness for any purpose or any other matter whatsoever. Any variation to these conditions is only permitted where expressly agreed in writing by a person authorised to sign on behalf of the Company.
2.3 The placing of an order by the Customer on this website shall constitute acceptance by the Customer of these conditions.
2.4 The formation, interpretation and operation of this contract shall be governed and interpreted according to the Law of England and Wales and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.
2.5 All notices to be served under this contract shall be served by first class pre-paid post, email or facsimile message at the registered office or principal trading address of the intended recipient.
2.5.1 Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
2.5.2 Any communication with the Company should be emailed to email@example.com.
2.6 If any provision contained in this contract is held by a competent authority to be invalid or unenforceable, the validity of the remainder of this contract shall not be affected and it shall remain in full force and effect.
3.7 The Customer may be liable for taxes, duties and/or VAT on overseas purchases, which are not included within any shipping charge levied by the Company.
3. Delivery and Returns
3.1 Whilst every effort is made to ensure delivery of the Kit in satisfactory working order, time shall not be of the essence for delivery and no liability or responsibility can be accepted by the Company for any failure in this regard.
3.2 The Company shall not be liable for any failure to deliver or delay in delivery of the Kit arising from circumstances outside its control, including but not limited to lock-outs, fire, accidents, defective materials, delays in receipt of raw materials or bought-in goods or components.
3.3 The Company will offer a no quibble refund, but only within 8 days of receiving the Kit and only for defective Kit. This refund is only available if all Kit provided it is returned, including all packing material, original manuals and instructions.
3.4 The Company offers a 30 day 100% Results or Money Back Guarantee on the following terms:
3.4.1 The Company guarantees that the Customer’s teeth will improve by a minimum of 2 shades while using the Company’s products.
3.4.2 In the unlikely event that the Customer finds that this is not the case with the Smile and Sparkle experience, the Customer can claim a refund as follows:
3.4.3 The Customer is required to take a clear photo of the Customer’s teeth before using the Kit, to use the Kit in accordance with the user manual, to take a clear photo of the Customer’s teeth after the completion of all applications, to send to the Company the “before and after” photos, along with a photo of the used products, all within 30 days of receiving the Kit.
3.4.4 Once approved as above, the refund will be processed.
3.4.5 The “before and after” photos should be taken in similar lighting conditions and should include valid date and time stamps.
3.5 Results will vary greatly from person to person, depending on the type of teeth or conditions of teeth/stains on the Customer’s teeth. It may take a number of months completely to eliminate tough stains.
4.1 The Customer undertakes to use the Kit in accordance with the manufacturer’s requirements and any operating instructions and specifications. The Customer shall be solely responsible for any damage, loss or accidents, whether directly or indirectly arising from use of the Kit in an unsafe or unsatisfactory manner, or otherwise than in accordance with operating instructions.
4.2 The Customer shall not make any modifications to the Kit without the prior written consent of a person authorised to sign on behalf of the Company.
4.3 In respect of any claim made by any third party, no admission, offer, promise of payment or indemnity shall be made by the Customer without the prior written consent of the Company.
4.4 Nothing in these conditions shall exclude or restrict the Company’s liability for death or personal injury resulting from the Company’s negligence.
4.5 Subject to sub-clause 4.4, the Company shall not be liable for misrepresentation (unless fraudulent) or in contract, tort (including negligence or breach of statutory duty) or otherwise for:
4.5.1 any financial loss or any liability the Customer may have to a third party or any loss of profit, business, contracts, revenues, anticipated saving, reputation or goodwill; and/or
4.5.2 any special, indirect or consequential loss or damage of any nature whatsoever.
4.6 The Customer shall fully and completely indemnify the Company in respect of all claims by any person for injury to persons or property arising out of the use or misuse of the Kit and in respect of all costs and expenses in connection with such a claim and arising under statute or common law.
4.7 Save as set out in this contract, all warranties or other terms implied by statute or otherwise shall not apply to this contract.
4.8 The Company warrants that the Kit shall substantially conform to its specification (as made available by the Company), be of satisfactory quality and fit for any purpose held out by the Company.
4.9 Subject to the Company’s obligations under sub-clause 4.4 above, the Company’s maximum aggregate liability for breach of this contract, whether arising in contract, tort or otherwise, shall not exceed £1,000.
5. Health Warnings
5.1 The Company is an online store for oral/beauty products. This website is not a substitute for professional medical advice. The Company advises consulting your health care practitioner or dentist before the purchase of the Kit. The Company does not and is not able to give any answers to medical questions.
5.2 Customers under the age of 16, who are pregnant, who have health problems, who suffer from periodontal disease, who have guns in poor condition, overly sensitive teeth, wear braces, have had recent oral surgery, has decayed teeth, exposed roots, colitis, jaw problems or who are allergic to any of the ingredients contained within the gel should not use the Kit.
5.3 It is the Customer’s responsibility to satisfy himself/herself that he/she is not allergic to any of the ingredients contained within the Kit.
6 Defective Products
6.1 Any breakdown or the unsatisfactory working of any part of the Kit must be notified immediately to the Company by telephone and confirmed in writing.
6.2 Under no circumstances shall the Customer repair or attempt to repair the Kit, unless authorised in writing by the Company to do so.
6.3 If an item it is defective and needs to be returned, the Customer must first e-mail and describe the problem.
7. Data Protection
7.1 In placing an order with the Company, the Customer understands and accepts that information it has given to the Company about itself and/or its employees and servants (“Personal Data”) may be held
and used by the Company to inform the Customer about other products and services the Company can provide which may be of interest.
7.2 The Company will only use the Personal Data in accordance with its Privacy Notice, which is located on the Company’s website.