Terms & Conditions
TERMS & CONDITIONS
ZSmile website included within the ZSmile London Ltd company.
Information about us :
ZSmile London Ltd is registered in England registered office:
Terms of website use:
Accessing the ZSmile Website
Access to the ZSmile Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the ZSmile Website without notice. We will not be liable if for any reason a ZSmile Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of a ZSmile Website, or all of the ZAesthetic London Websites, to users who have registered with us.
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, and you must not disclose it to any third party. We have the right to disable any user identification code password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of us.
Intellectual property rights:
We are the owner or the licensee of all intellectual property rights used in the ZSmile Website, and in the material published on it. Those works are protected by, inter alia, copyright laws and treaties around the world. All such rights are reserved.
You may, for non-commercial use only, print off one copy, and may download extracts, of any page(s) from the ZSmile Website for your personal reference and you may draw the attention of others within your organisation to material posted on the ZSmile Website.
Without prejudice to the foregoing, 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 material on the ZSmile Website must always be acknowledged.
You must not use any part of the materials on the ZSmile Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted:
Commentary and other materials posted on a ZSmile Website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the ZSmile Website or by anyone who may be informed of any of its contents.
We aim to update the ZSmile Website regularly, and may change the content at any time. If the need arises, we may suspend access to a ZSmile Website, or close it indefinitely. Any of the material on the ZSmile Website may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on the ZSmile Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the ZSmile Websites or in connection with the use, inability to use, or results of the use of any ZSmile Website, any websites linked to the ZSmile Website and any materials posted on them, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to the ZSmile Website:
Viruses, Hacking and Other Offences:
You must not misuse the ZSmile Website 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 the ZSmile Website , the server on which the ZSmile Website are stored or any server, computer or database connected to the ZSmile Website . You must not attack the ZSmile Website 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the ZSmile Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the ZSmile Website or to your downloading of any material posted on a ZSmile Website, or on any website linked to it.
Linking to the ZSmile Website:
You may link to the home page of any ZSmile Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you.
No ZSmile Website can be framed on any other site, nor may you create a link to any part of a ZSmile Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the ZSmile Website other than that set out above, please contact us.
Links from the ZSmile Website:
Where a ZSmile Website 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 accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and Applicable Law:
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to any ZSmile Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
TERMS OF SUPPLY:
Transactions concluded through the ZSmile Website:
These terms of supply (together with the documents referred to on it) tell you the terms of supply on which we supply any of the products listed on a ZSmile Website.
Please read these terms of supply carefully and make sure that you understand them, before ordering any products from a ZSmile Website. You should understand that by ordering any of our products, you agree to be bound by these terms of supply.
You should print a copy of these terms of supply for future reference.
Please tick the box on the page where you purchase products if you accept them. Please understand that if you refuse to accept these terms of supply, you will not be able to order any products from a ZSmile Website.
The disclaimer on the ZSmile Website regarding the products sold on ZSmile Website must be agreed to before purchased of any products .
IMPORTANTLY no product on the ZSmile website should be used without a routine dental examination prior to starting teeth whitening. We are NOT responsible for any dental problems that may arise during or after teeth whitening.
Some restrictions are placed on the extent to which we accept orders from specific countries. If we are unable to ship to your country, it will either be stated in our terms of supply or you will be informed at the checkout.
By placing an order through a ZSmile Website, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
How the contract is formed between you and us:
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
All advertisements and communications made by us on a ZSmile Website are “invitations to treat”, not offers. This means that if products shown on the site are not available or are incorrectly priced or otherwise incorrectly described, we are not obliged to sell you those products unless they have been confirmed in a Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
We may provide links on ZSmile Website to the websites of other companies.
We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller. Please refer to Price and Payment regarding our payment processing.
If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
Availability and Delivery:
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
We ship all standard UK orders via Royal Mail or DPD:
Items will be shipped as soon as possible, and should arrive within the following timescales:
1. UK Mainland: 1-3 working days, excluding weekends and Bank Holidays.
Estimated delivery times are a guide only and commence from the date of the Dispatch Confirmation.
If no one is available to sign the parcel may be left with a neighbour or instructions will be left on how to arrange redelivery or collection.
Risk and Title:
The products will be your responsibility from the time of delivery.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
If you have not received your products within 10 days from the Dispatch Confirmation, you must notify us immediately by email quoting your order number. If you fail to inform us of non-delivery within this time we will not refund or replace the products.
Price and Payment:
The price of the products and our delivery charges will be as quoted on the relevant ZSmile Website from time to time, except in cases of obvious error.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
The ZSmile Website contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on a ZSmile Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price.
Payment for all products must be by credit or debit card. We accept payment with most major credit cards.
We do not store credit card details.
Any losses incurred or sustained by customers who transmit information by means or e-mail or other internet link shall be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by us. When using a public computer, you must sign out when you have finished shopping.
Cancellations / Returns:
Consumers have a statutory right to cancel for any reason and receive a full refund. You will receive a full refund of the price paid for the products in accordance with our Refunds Policy. Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed) and ends fourteen days after receipt of the products by you. You must return the product to us unopened in order to receive the refund, unless it is being returned due to a fault. This does not affect your statutory rights.
To cancel a Contract, you must inform us in writing. If the products have been delivered to you, you must also return the products to us as soon as reasonably practicable. In the UK we will cover the cost of returns (provided the product is unopened, unless it is being returned due to a fault). International returns are at your cost.
Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
Our Refunds Policy:
If for any reason you are dissatisfied with any product, simply follow the directions below to return the product fourteen days after receipt of the products by you, and we will promptly process your request and refund your money, unless a product is bring returned due to being faulty. Please ensure the product is in all its original packaging and has not been used.
Please contact our customer service team before returning any item and we will provide details of where to send it to.
We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase. Refunds will be processed without undue delay.
Competitions and Prize Draws:
From time to time we may run competitions and prize draws (a “Promotion”). Each Promotion will have its own specific terms which will be published on the relevant ZSmile Website. The following general terms will apply:
1. There is no cash alternative to the Promotion prize.
2. All entrants must be over the age of 18.
3. Our decision is final and no correspondence will be entered into.
4. Details of the name and county of the Promotion prize winner will be provided upon written request to anyone who writes within one month of the closing date of the competition.
5. No responsibility is accepted for the provision of incorrect information or entries that are not received by us for any reason.
6. Promotions are not open to anyone associated with the ZSmile Website
7. The promoter of any Promotions shall be ZSmile unless otherwise stated.
Promotional Codes and Voucher Codes:
From time to time we may issue promotional discount codes / voucher codes (a “Code”). Each Discount Code will have its own specific terms which will be published on the relevant Shaneel Group Website. The following general terms will also apply:
Codes cannot be used in conjunction with any other discount, promotion or on sale items;
Codes cannot be used to purchase gift vouchers;
Codes are strictly personal and non-transferable;
Codes are only valid for use on the relevant ZSmile Website and not in any other stores or websites;
We reserve the right to withdraw any Code from use at any time without prior notification and at our sole discretion;
There is no cash alternative for the Code;
If cancelling an order placed using a Code, the value of the Code will not be refunded;
Codes must be entered when you checkout and cannot be used at a later time if you fail to do so.
FREE GIFTS WITH PURCHASE:
From time to time, we may run special promotions where we offer free gifts with purchases on certain products, or over certain order values. There may be a selection of gifts on offer, and customers may be required to add their choice of free gift to their basket on checkout. The following general terms will also apply:
Gifts cannot be added to orders retrospectively (i.e. if you forget to add your free gift, we will not be able to add this for you after your order has been placed)
Gift choices cannot be amended after an order has been placed.
All free gifts are subject to stock availability.
We may offer an alternative if the one selected is not available.
Free gift offers may be withdrawn at any time and without further notice.
Gift images displayed on the website are for illustration purposes only.
There is no cash alternative to free gifts.
If we fail to comply with these terms of supply, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms of supply or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
We only supply the product for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
defective products under the Consumer Protection Act 1987 and
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you order products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using a , you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices and Communications:
All notices given by you to us must be given to ZSmile unless we specify otherwise, at:
ZSmile London Ltd
2 Maple Court Davenport Street
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations:
We may transfer our rights and obligations under these terms of supply to another organisation, but that will not affect your rights or our obligations under this Contract.
You may only transfer your rights and obligations under this Contract if we agree to this beforehand in writing.
Events Outside our Control:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following types of events: industrial action; riot, terrorist attack or threat of terrorist attack; natural disasters such as fires, floods or earthquakes; impossibility of the use of public or private telecommunications networks.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
No waiver by us of any (a) default, or (b) right or remedy under the Contract or any of these terms of supply, will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Each provision of these terms of supply shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Our Right to Vary These Terms of Supply:
We have the right to revise and amend these terms of supply from time to time. You will be subject to the policies and terms of supply in force at the time that you order products from us.
Law and Jurisdiction:
Contracts for the purchase of products through a ZSmile Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England .
Third Party Rights:
A person who is not party to these terms of supply or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999
Thank you for your attention.
ZSmile London Ltd