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General Terms and Conditions

1. Terms and Conditions

These general terms and conditions (subsequently, “Terms”) apply to all services and products (subsequently, “Products”) which are offered as part of the business transactions on the smiletastic.ie internet shop, as well as on the associated landing pages and product-specific Internet sites (subsequently generally referred to as “smiletastic.ie”). “Customer” means any natural or legal person with whom the provider has a business relationship through smiletastic.ie or who is registered on smiletastic.ie.

2. Scope

If not specified differently by the provider in writing for a specific product, these Terms apply to all products offered on smiletastic.ie as well as to the products offered on the associated landing pages and product-specific Internet sites. The business transactions between the Provider and the Customer are offered exclusively under these Terms. The Provider may modify the Terms which apply to smiletastic.ie, at any time and without prior notice. Revised Terms enter into force immediately upon publication and replace all smiletastic.ie Terms which were applicable until this time.

3. Offer

All information (descriptions, product images, measurements, weight, etc.) and prices are non-binding and subject to change without guarantee and may be changed at any time without prior notice. Technical modifications remain expressly reserved. The Provider assumes no liability for product information, availability and warranty information. The Customer understands that there may be delays in delivery due to supply shortages or inaccurate inventory data. The Provider will make every effort to avoid these situations and to reproduce this data as accurately as possible. The offer is valid under the condition of a fully-completed medical survey by the Customer, which is subject to the medical monitoring of the reasons identified by the Customer, for example, that the services cannot be provided to the Customer for medical reasons and/or the necessary products cannot be released. In this event, a full refund will be made of all payments that have already been made by the Customer. All our products are in compliance with all the requirements and specifications under the laws of Hong Kong. We are not in a position to guarantee compliance with specific local requirements or specifications under the local jurisdictions of customers.

4. Prices and Shipping Costs

Unless otherwise stated, all prices are in euros, including VAT and excluding shipping costs. The price of the product at the time of order on smiletastic.ie is binding; the Provider reserves the right to make a price adjustment in retrospective in the event of an error or mistake in pricing. The shipping costs depend on the shipping method selected by the Customer and these costs are paid by the Customer.

5. Registration

The information required during registration must be truthfully and fully provided and updated by the Customer. The Provider assumes no liability whatsoever for the content or for the information provided by the Customer. The Customer must also ensure that no unauthorised third party has access to this data. Registration is reserved exclusively for persons capable of acting and when placing an order the Customer warrants that he is at least 18 years old, is not declared to be incompetent and is capable of sound judgment. There is no entitlement for claims for stored or published content written by the customer (for example, for product reviews). The Provider reserves the right to delete or to modify content. Each Customer may only have one Customer account; the Provider reserves the right to not accept a registration or to warn or terminate an entry due to violation of these Terms.

6. Conclusion of Contracts

By clicking the “buy now” button on the checkout page, the Customer sends a binding order to the Provider. The contract is concluded upon the acceptance of the Customer's order on the part of the Provider, at the latest with the delivery of the ordered products. The Customer is informed of the conclusion of the contract by means of an automatically generated shipment confirmation by e-mail or by telephone. The Provider reserves the right to not confirm an order without providing a reason. The contractual partner (here: “Provider”) is:
Belle Enterprises Ltd.
Hollywood Road 39-43
Hong Kong

The Customer confirms that he has read through the accompanying patient information before using the product, and that his dentist has also been made aware that he is using the ordered products. He hereby appoints the deliverer as his representative and agent, who will deliver the product to the registered business location of the dentist for acceptance on his behalf. With the acceptance of the products, the dentist has fulfilled his obligations to the deliverer arising from this agreement, and the entire risk and ownership of the product is passed to him.

7. Payment Terms

The Customer agrees to exclusively use the payment options made available by the Provider on smiletastic.ie for payment. Any additional costs incurred in the processing of the payment will be paid by the Customer. If payment is delayed, all open amounts are payable immediately and the Provider reserves the right to charge a minimum fee of 20 euros for administrative costs; in addition the Customer must pay for damages and interest. The Provider reserves the right to withdraw. Until full payment is made, the products remain the property of the Provider.

8. Delivery

Delivery is usually made by the German Postal Service and its partners, based on the method of shipment chosen by the Customer. The Provider is not liable for shipping or for proper delivery of the ordered products, and bears no responsibility for the delivery of the goods, if these must be left in an unattended location, if because, for example, the Customer could not be present to accept them. Delivery dates are not binding and delays in delivery are in no event a reason for the Customer to withdraw from the contract or to make claims for damages of any kind. The Customer agrees to inspect the goods immediately upon receipt and to report incorrect deliveries or defective products or shipping damages to the Provider within 48 hours, and to also report shipping damages to the shipping company. The Provider is not liable for damages during shipment or for the negligence of third parties. All deliveries are the responsibility of the Customer unless he is able to assign responsibility to shipping company. The Provider reserves the right to set a limit on the quantity certain products for delivery without giving a reason.

9. Right of revocation

You may revoke your contractual declaration by e-mail within 14 days, without giving reasons. The deadline shall begin to run upon receipt of these instructions in text form, however not prior to receipt of the goods by the recipient (in the case of recurrent delivery of similar goods, not prior to receipt of the first partial delivery). In order to meet the revocation deadline, it shall be sufficient to despatch the revocation or the item in good time. The revocation may be affected online by e-mail adressed to [email protected], or else, by returning the goods to the supplier (see section 6 Terms and Conditions).

Consequences of revocation:
In the event of an effective revocation, the mutual services received by the parties are to be returned, and any benefits derived therefrom (e.g. interest) returned. Should you not be able to return or release to us the benefit and use received (e.g. benefits of use), or only partially or in an impaired condition, you shall be required to compensate us for any loss in value. This may lead to you nonetheless having to fulfil the contractual payment obligations for the period of time lapsed until revocation. You only need to compensate us for the value for the impairment of the item or for benefits derived from it if the benefit or impairment is attributable to handling the item in a way that goes beyond checking its properties and functioning. “Checking its properties and functioning” means testing and trying out the respective goods, such as is possible and usual at a retail outlet. Items that can be despatched as a parcel shall be returned at our risk. You will need to bear the regular costs of return if the goods supplied correspond to what you ordered and the price of the item to be returned does not exceed an amount of EUR 40.00, or if, in the case of a higher-priced item, you have not, as at the date of revocation, yet paid the consideration for the item or made a contractually agreed partial payment. Otherwise, the return shall be free of charge for you. Items which cannot be sent as a parcel will be collected at your residential address. Any obligations concerning reimbursement of payments must be fulfilled within 14 days. Said period shall begin to run for you as from despatch of either your revocation or the item, and for us from its receipt.

Special notes:
Your right of revocation in the case of a service shall lapse prematurely if the agreement has been entirely fulfilled by you and Smiletastic, at your express request, prior to your exercising your right of revocation.

Exclusion of revocation:
The right of revocation shall not exist in the case of mail order contracts for the delivery of goods which are made in accordance with customer specifications or are clearly tailored to individual requirements, or which, due to their nature, are not suitable to be returned. In addition, products that are not suitable for return due to reasons of hygiene or healthcare are excluded from the right of revocation once the seal of the packaging has been removed.

10. Liability

The Provider excludes claims for damages or for a complete withdrawal from the contract due to breach of contract, impossibility of performance, faults during the conclusion of the contract and tort (insofar as there is no intentional or wilful negligence). Liability for direct or indirect damages or consequential damages of any kind (for example, as a result of injuries and/or accidents associated with products sold on smiletastic.ie), resulting from the use, misuse or performance failure, are completely excluded. For those products for which operating instructions are provided, the Customer declares that he is aware of the of the operating and application information as well as of any risks or hazards associated with the product. The customer agrees to take all safety precautions and warnings into account. The Customer also understands that he can obtain important information about a specific product, prior to purchase on smiletastic.ie, and that he is aware of all possible risks and hazards associated with a product. Access to and use of smiletastic.ie is not guaranteed. If there are links that lead from smiletastic.ie to third party websites not operated by the Provider, the latter is not responsible for the content which is published on these websites. The Customer is clearly aware that the bleaching of his teeth is done at his own risk, that the end result is dependent on may factors and that he is granted no right to the bleaching effect. Furthermore, he is aware that there is a small risk that the following temporary symptoms may occur: pain while bleaching, bleeding gums, irritated, reddened, white or swollen gums. All these symptoms are only temporary. If sensitivity occurs very quickly during bleaching, this treatment is not suitable for your teeth and must be stopped. The Customer may call the Provider at any time, including contact by chat and e-mail, for further support, answers to questions or to discuss the colour selection.

11. Warranty

If there are no product-specific warranty conditions provided in the product description, there is no right to the performance of warranty beyond the legally applicable warranty. Defective products must be taken into account under section 8 of the Terms. The warranty applies to the bleaching trays manufactured by the Provider, to the extent that it is applicable, only with the exclusive use of the gel obtained from the Provider.

12. Promotional Coupons, Gift Vouchers, Bonus Points

Promotional coupons, gift vouchers and bonus points can be redeemed on smiletastic.ie. These are delivered exclusively by the Provider and may be subject to various conditions. There is also no right to a cash payment, a replacement or exchange due to loss or theft. In case of misuse, any promotional coupons, gift vouchers and bonus points will be declared invalid.

13. Data Protection and Data Security

The Privacy Statement under smiletastic.ie/privacy-statement applies.

14. Place of Jurisdiction and Applicable Law

The exclusive place of jurisdiction for all disputes with the Provider is Hong Kong, under application of Hong Kong law and under exclusion of the Vienna Convention (CISG).

15. Copyright

These Terms, as well as the image and text materials on smiletastic.ie, are protected by copyright and are the intellectual property of the Provider or of one of its contractual partners. The Provider has exclusive rights of use. A use of any kind, even if only partially or in modified form, without the express written consent of the Provider is prohibited. No rights are acquired by accessing, downloading, copying or by transfer from the online shop. Violations will be prosecuted.

16. Severability Clause

In the event of a partial invalidity of the contract or of these Terms, or if the contract or the Terms contain an unforeseen gap, the Customer agrees to respect the valid part of the Terms.

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