Terms and Conditions
These are the terms and conditions on which we supply products to you (terms). They set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law.
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.
1. WHO WE ARE AND HOW TO CONTACT US
“We”, “Us” or “Our” means Smile Lab Solutions Limited (reg. number 12329900) trading as ‘instasmile’. Our principal place of business in the United Kingdom is located at Unity House, Westwood Park Drive, Wigan, Lancashire, WN3 4HE
“You” or “Your” means the person using our site to buy Products from us.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when placing your Order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
“Product” refers to any of the following; Impression Kit, The Clip on Veneers, Warranties, Customer Service and Express Production.
2. OUR TERMS OF SALE
instamile products are solely intended to be removable cosmetic accessories. Each product is custom made and bespoke to an individual's unique dental profile at the time of an impression and as such each product may vary in size, shape and structure from those advertised on the website including re-orders.
3. OUR PROMISE TO YOU
We will ensure that each product manufactured fits securely in the mouth and provides a cosmetic enhancement to your natural teeth on the proviso that we receive an accurate impression from you. Should this not be possible we will inform you at our earliest convenience.
4. YOUR PROMISE TO US
4.1 You guarantee to provide an accurate impression of your teeth and to provide images of your natural teeth so we can determine your suitability for the product.
4.2 Should you wish to use a previous impression that we have on file; you accept full responsibility for the use of this impression and proceed on the basis that there have been no changes to your dental profile that could affect the fit of the product. We cannot be held liable for any fit issues should you choose to use an existing impression. You must notify us of any changes to your profile.
4.3 If a product is deemed defective on receipt and you have provided the necessary evidence then you must allow us to remake the product for you.
5. LIMIT OF LIABILITY
5.1 The Company has no dental professionals and does not carry out the practice of dentistry in any way. The Company neither offers professional advice nor provides any treatment or other dental or medical service. If you have any underlying health issues or allergies that may affect the use of the product(s) we always recommend seeking the advice of a medical professional before placing your order. If you have any queries or concerns regarding the suitability of any of our products please contact us before placing your order. Use of our products is at your own risk.
5.2 You accept that unless we have been negligent, we will not be held liable for any loss, damages or injury associated with applying for, accepting, or using the Products. We will not be responsible if you develop any allergies or adverse reactions as a result of using the Products.
5.3 We make no other warranties other than as expressly stated in these terms and reject any and all other warranties of any nature including but not limited to fitness for purpose etc. Should you provide false information during the order process we cannot be held liable for any arising fit for purpose issues.
5.4 In the absence of any negligence or other breach of duty by us, our liability to you will be expressly limited to refunding you the price paid for the products and any and all claims for consequential, indirect and or punitive damages are strictly waived.
6. USE OF OUR PRODUCTS
6.1 Eating with the Product
As long as your natural dental profile permits; you are able to eat softer foods with the product in place.*
*Please note this is based on a normal dental profile with no missing teeth and no bite issues.
Should your dental profile not permit it, we cannot be held liable for any fit issues nor breakage to the product.
6.2 General Wear
As long as your natural dental profile permits; you are able to wear the veneers as often as you like. We recommend that you take your product out regularly to clean and maintain.
Please be advised that excessive use could lead to breakages.
You should take your instasmile out before going to sleep.
6.3 Dental Adhesives
For some customers it may be necessary to add a dental adhesive to the product for extra retention. The products are compatible with all leading brands of dental adhesives.
6.4 Side effects
There should be no side effects from using the products unless you have underlying health issues. If you experience any side effects, you should cease use of the Products immediately and contact us. If you have any allergies or known chemical sensitivity, you should inform us before placing your order.
6.5 Age restriction
If you are under the age of 18 you may not buy Veneers from us unless consent is given by a parent or guardian.
7. OUR CONTRACT WITH YOU
Below, we set out how a legally binding contract between us and you is made. The governing jurisdiction resides in the United Kingdom.
After placing an order on our website you will receive an electronic order confirmation from us. At this point your order has been accepted and a legally binding contract has been formed between you and us.
8. OUR RIGHTS TO END OUR CONTRACT WITH YOU
8.1 We may terminate the contract without recourse if you are in breach if at any time:
8.01 You do not make any payment to us or a third party finance provider when it is due and you continue to not make payment within 7 days of us or the payment provider reminding you that such payment is due and your account enters into default;
8.02 You do not, within 90 days from order, provide an accurate impression that our technicians can work with to manufacture a bespoke product.
8.03 It becomes apparent that you have provided us with dishonest or inaccurate information or images during the order process to affect your suitability for the product;
8.04 You move address, change the delivery address or fail to accept delivery of the products without letting us know and we are unable to deliver the Products to you;
8.5 You make or publish any fraudulent, untrue, defamatory, threatening, abusive, offensive, obscene or otherwise inappropriate statements or allegations about us, our officers or our employees, online (including on social media)
8.06 Your Order with us was placed over 12 months ago and you have not been in contact with us for a period of 6 months or more.
8.07 You lodge a chargeback with your payment provider.
8.08 You return physical impressions into us without written authorisation from us to do so after a visual impression check.
8.09 Your dental profile changes from the time of order thus affecting a. Your suitability for the product and / or b. Impressions on file.
8.2 If we agree not to terminate the agreement (in part or in full) and are able to reach a compromise with you, we reserve the right to charge an administration fee at our discretion and waiver any warranties associated with the product.
8.3 If we are unable to manufacture a fitting product due to an inaccurate impression(s), we reserve the right to charge an administration fee at our discretion and waive any warranties associated with the product.
9. YOUR RIGHTS TO END THE CONTRACT WITH US
9.1 You may be entitled to cancel this contract within 14 days of receiving the Self-Impression Kit (cooling off period), provided it has not been opened nor used and returned to us at your cost using a tracked delivery service.
9.2 To meet the cancellation deadline, you must let us know that you wish to exercise your right to cancel before the 14-day cancellation period expires by contacting us. Our details are set out here.
9.3 We will charge a $45 restocking fee to cover our costs which will be deducted from any refund. If your return is not received within 14 days of the cancellation, or they are not in a resellable condition, an administration charge of $229 will apply.
9.4 You are not permitted to use the returns label if you have opted to cancel your order. If you use the returns label after cancellation then we will apply a charge of $50. Likewise if you refuse delivery from us we also reserve the right to apply a charge of $50.
9.5 We will make the reimbursement to the original payment method only as you used for the initial transaction, unless we have expressly agreed otherwise.
9.6 As the product is a custom made item it is non refundable after the cooling off period as per these terms and conditions and The Australian Consumer Law (ACL).
10. YOUR RIGHT TO MAKE CHANGES TO YOUR ORDER
10.1 If you wish to make a change to your order, please contact us as soon as possible, as once we have started manufacturing your Veneers, no changes can be made.
10.2 We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the delivery date, or anything else which would be necessary as a result of your requested change. We will ask you to confirm whether you wish to go ahead with the change.
11. OUR RIGHT TO MAKE CHANGES TO YOUR ORDER
11.1 We may change any of the Products listed on our website without notice:
- to reflect changes in relevant laws and regulatory requirements;
- to reflect changes in technology; and
- implement technical adjustments and improvements, for example to address a fit issue or cosmetic concern.
11.2 Any changes we make to our Products should not materially affect your use of the Products.
12. PRICING
12.1 The price of the Veneers:
- is in AUD ($);
- includes our delivery costs;
- includes VAT. If VAT is applicable, such shall be charged and reflected on your order, together with the purchase price of the Veneers
12.2 The price of the Veneers will be the price indicated on our website when you place your Order. We take all reasonable care to ensure that the price of the Veneers advised to you is correct. However please see the following for what happens if we discover an error in the price of the Veneers you have chosen.
12.3 What happens if we get the price wrong?
It is always possible that, despite our best efforts, some of our Veneers we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Veneer'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 Veneer'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 miss-pricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
13. DELIVERY
13.1 We use a tracked courier service to deliver our Products to you. We will ship to the address provided by you at the time of order. All delivery information will be communicated to you via email to your designated email address.
13.2 We dispatch the self impression system within 3 business days of receiving your order.
13.3 Standard manufacturing time of the final product is within 15 days from the date we have received an accurate impression from you.
13.4 If you reside outside of AU we reserve the right to charge you an additional shipping fee which will be shown in the checkout. This is non-refundable if the order is cancelled.
13.5 We are not responsible for delays in providing the Products to you for reasons outside our control. However, if something happens which means that there will be a delay in delivering the Products to you, we will endeavour to contact you as soon as possible and will take such reasonable steps to minimise the delay.
13.6 Delivery of the Products will take place when we deliver them to the address that you gave to us. You are responsible for the Products when delivery has taken place. In other words, any risk passes to you when you take possession of the Products (which includes if the Products are left on your property, such as an outbuilding or porch or left with a neighbour or local address within 1 mile).
13.7 Unfortunately, we do not deliver to the following territories: Belarus, Burma/Myanmar, Cuba, Democratic Republic of Congo, Eritrea, Former Federal Republic of Yugoslavia & Serbia, International Criminal Tribunal for The Former Yugoslavia, Iran, Iraq, Ivory Coast, Lebanon and Syria, Liberia, North Korea (Democratic People's Republic of Korea), Republic of Guinea, Russia, Somalia, Sudan, Ukraine, Zimbabwe or the Balkans. Please note that we do have a number of international websites which can be accessed using the links in the tab at the top of our website.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under your contract with us. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of these terms illegal, the rest will continue in force. Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing our rights under our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you if you have broken this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we still provide the Products, we can still require you to make the payment at a later date.
14.6 These terms are subject to change from time to time without notice as to any new customers and/or new orders placed by existing customers.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Please note that you only own the Products for your personal use. We do not convey to you in any manner the technology, know-how, processes and procedures, formulae, patents, trademarks, copyrights, and/or any other intellectual property associated with the Products. You agree not to reverse-engineer or otherwise gain or attempt to gain access to our intellectual property.
15.2 If you do so and we suffer a loss as result, we may take legal action against you in respect of our losses, damages, costs (including legal fees) and expenses incurred by us as a result of or in connection with your misuse of our intellectual property rights.
16. FORCE MAJEURE
We shall not be liable nor responsible to You, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.
Links to our Policies
Please see below the links to all company polices that supplement the Terms and Conditions that you accept when you place an order with us. Many Thanks instasmile