TERMS AND CONDITIONS

Last updated: 13 November 2020

 

Introduction

 

This website is owned and operated by Nü Smile Ltd who are providing their goods and services to you the User (the person making an order with us) subject to the following terms and conditions. By accessing or using the website or agreeing to purchase a product from the website, you approve that you have read, understood, and agree to be bound by these terms.

Contact Details

Nü Smile Ltd is a company incorporated in England and Wales with registered number 12688274 whose registered address is 80 Cardiff Rd, Barry, CF63 2NW, Vale of Glamorgan, Wales and it operates the website www.nusmileteeth.com

You can contact Nü Smile Ltd by email by completing the form on the ‘Contact’ section of our website.

Right to Change and Modify Terms

Nü Smile Ltd reserve the right to modify these terms from time to time at our sole discretion without giving prior notice. Therefore, it is up to the user of the website to take responsibility to return to this page to review changes that have been made and it is advisable to review these pages periodically. Changes made to the Terms take effect from the time of posting to the website. Continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. Before making any purchases, you are advised to review this section. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Price and Payment

When purchasing an item from us, you understand and enter into a legally binding contract when you commit to buy an item and you complete the check-out payment process, it is your responsibility to read the full item listing before making a commitment to buy it. The prices we charge for using our products (including VAT) are listed on the website however, we reserve the right to change the prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Refunds are not provided for products that are mistakenly purchased and you must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Buy Now Pay Later Interest Free Payment Providers

There is an option to purchase our products interest free buy now pay later schemes using Clearpay. You are bound by Clearpay’s terms and conditions if this is your preferred method of payment. For further information refer to Clearpay payment providers Terms of Service

Indemnification

You agree to indemnify and hold Nü Smile Ltd  harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Product Availability

Nü Smile Ltd will endeavour but cannot guarantee that the products and quantities are always available and do not make any form of warrantee with reference to availability of the products. Nü Smile Ltd will not be liable for products which are unavailable at the time of checkout. Nü Smile Ltd will contact the customer if this situation occurs and provide necessary advice. 

Right to Refuse or Cancel

Nü Smile Ltd may refuse or temporarily terminate or suspend orders without notice and liability for any reason, including website malfunction, technical difficulty, incorrect billing or carriage information, incorrect pricing or if in our sole determination you violate any provision of these Terms or any applicable law or regulations. Customers will be notified and refunded if payments have already been received. You may discontinue use and request to cancel your account at any time.

Retention of Right to Change Offering


We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Promotional Emails and Content

You agree to receive from time to time promotional messages from us by email or any other contact form you may provide us with (including your phone number for text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Product Use Terms

The products must only be used for its intended purpose and in accordance with the instructions.

Nü Smile Ltd is an on-line store for oral products only and not an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific concerns about any medical matters, you should consult your doctor or other professional healthcare provider prior to purchasing or using our products. If you think you may be suffering from any medical condition, you should seek immediate medical attention.

Nü Smile Ltd do not represent ourselves as professional healthcare providers / doctors and are unable to offer any advice on medical questions and the information provided on our website is provided without any representations or warranties, express or implied.

Teeth whitening products are only for use on natural teeth and will not whiten artificial teeth such as fillings, crowns, caps, veneers or bridges.

Carriage, Delivery and Costs

Nü Smile Ltd are not responsible for lost or stolen parcels delivered to the wrong or inaccurate address. Contact the transport company if lost, stolen or damaged packaging for a resolution. We are unable to provide you with another product or refund.

Nü Smile Ltd will not accept liability for delays in delivery caused by third parties.

It is your responsibility to ensure the correct details are submitted at checkout, Nü Smile Ltd are not held responsible for any inaccuracies once the order is processed and are unable to provide a refund.

All delivery costs are displayed at checkout before placing your order and all costs are in British pound sterling.

Products will be dispatched within 3 working days from time of order. Dispatch time frames are from the date of dispatch and not the date that the order was made.

UK mainland First Class delivery will be sent via Royal Mail who aim to deliver the next working day or within 2-3 working days. Delivery costs vary dependant on quantity of products ordered, weight and package size.

There are certain postcode exceptions that Royal Mail cannot guarantee deliver the next working day.

Returns and Refunds

For hygiene reasons and due to the nature of the products, Nü Smile Ltd will only accept returns for defective equipment.

Contact Nü Smile Ltd within 7 days of receipt of the product and describe the problem supported with a video and photographs indicating the defect. Also provide your name, contact number, email and order number. by completing the form on the Contact section of our website. If we are satisfied that the product is defective, we will determine the best course of action i.e. replacement or refund.

Nü Smile Ltd will only offer refunds/replacements for defective equipment and may request that the item is returned.

If you choose to return the defective item without authorisation from Nü Smile Ltd, it will be your responsibility to pay the carriage costs.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Nü Smile Ltd excepts no liability for any indirect, punitive, incidental, special, consequential or exemplary damages including without limitation: Any business losses, such as loss of profits, use, income, revenue, anticipated savings, business, contracts, goodwill, commercial opportunities, loss or corruption of any data, database or software, any special indirect or consequential loss or damage, personal injury or property damage arising out of or relating to the use of, or inability to use, the service.

Intellectual Property and Acceptable Use

All content included on the website, unless uploaded by Users, is the property of Nü Smile Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by Users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You may, for your own personal, non-commercial use only retrieve, display and view the content on a computer screen.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Nü Smile Ltd.

Prohibited Use

You may not use the website for any of the following purposes:

  • in anyway which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website;​

  • in anyway which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

  • making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

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