General terms and conditions of business of Smile Me Up GmbH for use against private individuals
We consider our distributors as partners rather than distribution channels through which we managed a very profitable win-win situation for Smile Me Up
Smile Me Up GmbH, based in Düsseldorf, Arnheimerstr. 23 (hereinafter referred to as “Smile Me Up GmbH”), represented by Dr. Walid Fahmy, produces and distributes cosmetic aligners and veneers. The following provisions shall exclusively apply to all offers, deliveries and services of Smile Me Up GmbH to natural and legal persons who are consumers within the meaning of §13 BGB (hereinafter referred to as “Customer”).
A contract shall be concluded with Smile Me Up GmbH, Arnheimerstr. 23,40489 Düsseldorf.
The presentation of individual products in our business premises, our Internet presence, our online shop or in brochures or catalogs does not represent a legally binding offer. Rather, this is merely a non-binding presentation of the products. The contract includes the ordering of the impression set, as well as the production and delivery of the product(s) on the other hand. The order confirmation depends on the communication medium used as follows: Online shop When ordering through our online shop, the toothed racks can be put into the shopping cart without obligation. All inputs can be corrected – even after the toothed rails have been placed into the shopping basket – before sending a binding order. For this purpose, the correction aids displayed and explained in the course of the ordering process are available to you. You can place a binding offer for the order of the toothed rails contained in your shopping cart by clicking on the button labeled “Buy Now”. The contract is concluded by our acceptance of your offer. Smile Me Up`s declaration of acceptance is made by sending an e-mail confirming your order to the e-mail address you provide. If you have opted for the “PayPal” payment type, the contract is already in place at the time of your confirmation of payment instructions to PayPal. We store the contract text and send you the order data and our terms and conditions by e-mail. You can also view and download the terms and conditions on our website at any time. Order by telephone In the case of a telephone contact, neither the delivery nor the acceptance of your order constitutes a legally binding offer. A contract will not be closed by telephone. We will send you an order confirmation form via the desired products to your e-mail address or, if you wish, expressly to your postal address. With this order form, we issue a binding offer for the order to which we are bound for a period of 14 days from the date of dispatch. Acceptance of this offer takes place by timely receipt of the order form signed by you in our house. Personal order In the case of a personal order in our premises, we issue a binding offer by submitting an order form that you accept by signing. The impression kit The impression set will be sent to you after the order confirmation to the address you specify. In the impression set you will find impression material for a total of four imprints, four impression spoons, a shade guide for determining the color of the product (Snap Up only), disposable gloves, a cheek holder, the instructions “How to make impressions” and the order confirmation form of your order. Alternatively, we offer you the possibility to take the imprints at Smile Me Up GmbH or its cooperation partners. After returning the impression set to us, we will create the customized product according to the order confirmation form.
When using our online shop, personal data and sensitive information will be collected and stored by you when you have successfully completed the ordering process. In addition, sensitive information about you can be stored during your visit to our online shop, including, for example, health information about your teeth; including images of the respective teeth. We inform you of the intentions when personal data or sensitive information is collected, and we only use data necessary to meet the agreed service performance (production of our products) and purposes. The personal data collected or provided by you when you use our site may be used as follows: • Providing information about our products, services, news and events • Direct telephone contact to optimize the order process • Analyze the use of our products Services and products, developing new services and products, and adapting our products, services and otherwise provided information. The comprehensive data protection regulations of our on-line shop can be viewed and downloaded at any time on our website.
The possible risks associated with the use of sprockets are not different from those of other cosmetic periodontal products. The use of Smile Me Up products is recommended only for periodontally and dental stable customers. The use of this products can have some of the risks listed below. However, many of the aforementioned risks also exist without any use of the toothed rails. Therefore, Smile Me Up would like to clarify the following risks, as far as this is necessary in individual cases: A certain sensitivity of the teeth is to be expected after the insertion of the cosmetic dental product. A slight pressure sensation can result. In addition, irritation can occur on the gums, cheeks and lips. • Caries, periodontal diseases or gum infections on the teeth can occur when the customer takes sugary foods and does not thoroughly clean the teeth or lacks adequate oral hygiene. • The toothed rails can temporarily affect the speaking ability. • The use of the equipment may temporarily result in increased salivary flow or mouth dryness. Certain medications can enhance this effect. • The health of bones and gums that support the teeth can be compromised. • The product can break by improper pressure or bite. • The product or their parts can be inadvertently swallowed or inhaled. This risk is increased if the toothed rails are shortened or modified by the customer. • In rare cases, problems with the temporomandibular joint can also occur which can cause joint pain, headache or ear problems. • Allergic reactions may occur.
The prices stated in the price lists of Smile Me Up or other communications in the Online shop non-binding. Relevant are exclusively in the order acknowledgment of Smile Me Up mentioned prices, if applicable, plus the applicable statutory value added tax and packaging, postage and freight costs. Additional deliveries and services will be charged separately. With regard to packaging, postage and freight costs, Smile Me Up is entitled to choose the best way of delivery for the customer.
The following options are available for payment of your order. We do not charge surcharges for any of the following options. Bank transfer (prepayment) You pay by transferring the total amount to the account of Smile Me Up GmbH. In the case of a payment in advance, your order will be processed immediately if the payment has been received by us. When placing the order, make sure to specify the purchase order number as the intended use and always transfer it separately for different orders. Depending on the credit institution, it may take 2-4 business days for the payment to arrive. The ordered items remain reserved until payment is received (maximum 7 days). If you return the impression set unused, the corresponding value of the goods will be credited back to the bank account from which you have passed. Our bank account for SEPA Credit Smile Me Up GmbH IBAN: DE86 3004 0000 0434 1376 00 BIC: COBADEDDXXX Commerzbank Düsseldorf The account details are provided after selecting this payment option. The debiting of the amount and any fees that may be incurred depend on the terms of the executing bank. PayPal The payment is made via the online service provider PayPal. At the end of the order process, you will be forwarded directly to PayPal. If you are a PayPal customer, you can log in there with your user data and make the payment. Are you new to Paypal? Then you can order as a guest or open a PayPal account and then confirm the payment. As a rule, the payment is received within a few minutes and your order will be processed immediately. Further information is available during the ordering process. If you return the impression set unused, the corresponding value will be returned to the Paypal account from which you made the payment. Cash payment By prior arrangement there is also the possibility to pay the amount in cash, especially in the case of personal orders in our premises. Credit card You can pay with us comfortably and securely with your credit card. We accept Mastercard and Visa credit cards. The credit card will be charged as soon as the ordering process has been completed. If you return the impression set unused, the corresponding goods value is credited back to the originally charged credit card. The credit card data are encrypted by SSL. Due to this high security standard, a purchase at Smile Me Up is secure by credit card. Additional security when paying by credit card: Verified by VISA and MasterCard SecureCode enable the particularly secure processing of credit card transactions on the Internet via special encryption methods. You do not need any additional software. Both registered and unregistered customers are automatically forwarded to the bank via payment processing. To complete your order successfully, please follow the steps indicated there. You will also find the terms and conditions of the respective credit card provider in your documents or at https://www.mastercard.de or https://www.visa.de.
As a consumer within the meaning of § 13 BGB (German Civil Code), you are entitled to a right of withdrawal in the event of a conclusion of the contract with the exclusive use of telecommunication means (distance agreement) in accordance with §§ 355, 356 BGB. You may revoke a contract in accordance with the following provisions: Cancellation You have the right to revoke the contract within fourteen days without giving reasons. The revocation period is 30 days. However, if you have already used the impression kit, this service is not returnable. In case you have ordered a Clear Up, the service costs 150€, for Snap Up 50€. To exercise your right of revocation, you must inform us, Smile Me Up GmbH Arnheimerstr. 23 40489 Dusseldorf, Germany Email: email@example.com by means of a clear statement (eg a letter or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. Consequences of revocation If you revoke the contract, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of the contract has been received by us. For the repayment, we use the same payment you used in the original transaction, unless you explicitly agreed with another type of repayment; in no case will you be charged for these repayment fees. We may refuse the repayment until we have returned the impression set or until you have demonstrated that you have sent the impression set back unsealed, whichever is earlier. You have to return the impression set to us immediately or in any case at the latest within 14 days from the date on which you inform us of the cancellation of the contract. The deadline is respected when you send the goods before the deadline of 14 days. They bear the direct costs (if no use of the returned return certificate is made) of the return of the goods. They must pay for a possible loss of value of the impression set if this loss of value is attributable to a handling which is not necessary for checking the quality, characteristics and functioning of the goods, eg use of the impression material and impression trays. The costs are € 50 (Snap Up)/150€ (Clear Up). Exclusion or expiry of the right of revocation According to Article 312g (2) of the German Civil Code (BGB), a right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and whose manufacture is subject to an individual selection or provision by the consumer or which are clearly tailored to the personal needs of the consumer. Therefore, a revocation is only valid for the unused impression set but not for the individually manufactured toothed rails. In addition, there is no right of revocation or extinguishes prematurely, in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery. Model withdrawal form If you want to cancel the contract, please complete this form and send it to: Smile Me Up GmbH , Arnheimerstr. 23 40489 Dusseldorf, Germany E-mail: firstname.lastname@example.org hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods: Ordered on (*) (name / consumer (s) / (in): Address of the consumer (s) / (in) (only in the case of a communication on paper) Date (*) Delete as appropriate. End of revocation
According to experience, a correction or adaptation need may occur in special products (custom-made toothed rails). Thus, it is conceivable that the toothed rails do not fit immediately in some places, but appear too large or too small, too narrow or too wide. Such phenomena are not always completely excluded in the case of individual custom-made products. A certain adaptation and post-processing requirement is normal and does not represent a deficiency of the toothed rails. We therefore offer you the opportunity to try out each individually designed toothed rack first and to carry out a maximum of two subsequent improvements within the first three months as far as necessary, and to return them to us, indicating your change requests. To do this, please use the download form on our onlineshop. The customer bears the shipping costs incurred. We would like to point out that you always ship the goods in an air-cushioned envelope or package. This is also assured by a transport insurance company at the supplier who will instruct you. We will coordinate the concrete correction requirements in a personal consultation and make the desired adjustments to your tooth guides. We carry out two adaptations, which are commissioned within three months after receipt of the toothed racks, free of charge for you. In this case, you only pay the costs of sending the toothed racks to us. Decisive for the timely commissioning is the access of your change requests in addition to the affected toothed rack in our home.
The impression set is usually sent within 10 working days after receipt of your payment, if no other deadlines have been communicated to you before or at the time of conclusion of the contract. With the impression set you receive a return receipt and an order confirmation form via your custom-made toothed racks, which also includes the data protection consent declaration. After the impressions you have made with the impression set, as well as the order confirmation form and the declaration of consent are completed and signed, we will manufacture your individual products and send them to you within 14 working days if we do not provide you with separate delivery dates as well. Our deliveries will be free of charge for you (only within Germany). A self-collection of the goods is only possible by prior arrangement. Partial delivery We are entitled to partial deliveries as long as they are reasonable for you.
The transfer of the consignment to the person carrying out the transport or the undertaking carrying out the transport shall pass to the customer with the risk of accidental loss and accidental deterioration. If the shipment is delayed at the customer’s request, the risk of accidental loss and accidental deterioration will pass to the customer with the notification of readiness for shipment by Smile Me Up.
The customer has to inspect received goods immediately after receipt, as far as this is possible after regular business transactions, and, if a defect shows, to make Smile Me Up immediately, no later than five working days after receipt. If the customer omits the notification, the goods shall be deemed to be approved, unless the defect is a defect that was not apparent during the inspection. If such a defect appears later, the notification must be made immediately after the discovery; otherwise, the goods shall also be deemed to have been approved in respect of this defect. § 377 HGB shall apply. The timely sending of the advertisement is sufficient to preserve the rights of the customer.
Smile Me Up shall be liable in cases of intent or gross negligence in accordance with statutory provisions. Smile Me Up is only liable under the Product Liability Act, because of injury to life, body or health or due to the culpable violation of essential contractual obligations, eg in the case of malicious concealment of a defect or guarantee promise, as far as these have been agreed. However, the claim for damages for the infringement of essential contractual obligations is limited to the type of foreseeable, foreseeable damage, which must typically be expected. The liability of Smile Me Up is also limited to the type of contract foreseeable damage, even in cases of gross negligence, if none of the exceptional cases listed in para. Claims for lost profit, saved expenses, damages claims of third parties as well as other indirect and consequential damage (damages) can not be demanded. A change in the burden of proof to the detriment of the client is not associated with the underlying regulations. To the extent that the liability of Smile Me Up is excluded or restricted, this also applies to Smile Me Up employees, employees, representatives and vicarious agents.
Unless otherwise stated below, the statutory right of deficiency shall apply. Limitation of limitation The limitation period for claims for damages due to defects, irrespective of the legal basis, is uniformly one year. This limitation period applies to all claims for damages against Smile Me Up, which are connected with the defect, irrespective of the legal basis of the claim. However, the one-year limitation period for claims for damages shall be subject to the following conditions: a. The limitation period does not apply in the case of intent or in the case of malicious concealment of a defect or to the extent that Smile Me Up has assumed a guarantee for the quality of the delivery item . Furthermore, the limitation period does not apply in case of injury to life, body or health; • in case of intentional or grossly negligent breach of duty; • in case of guarantee promise, if agreed; • in the case of: – culpable violation of essential contractual obligations, not in the delivery of a defective item; • as long as the scope of the Product Liability Act is in force. The one-year limitation period also applies to the reimbursement of futile expenses. The statute of limitations begins with all claims for damages with the delivery. Unless explicitly stated otherwise, the statutory provisions on the commencement of the statute of limitations, the expiry of the term, the suspension and the new beginning of time limits shall remain unaffected. The foregoing provisions of this clause shall apply mutatis mutandis to claims for damages which are not related to a defect, insofar as they apply to compensation claims. A change of the burden of proof to your disadvantage is not connected with the above regulations. Two improvements If, in the event of a defect, you claim damages instead of the performance and the toothed rails have to be repaired, a defect of the repair shall be assumed at the earliest after the unsuccessful second attempt. The legal cases of the dispensability of the deadline remain unaffected. Correction work according to clause 9, which is carried out without a defect, does not count as an adjustment within the meaning of the preceding paragraph.
The customer service of Smile Me Up can be reached at the usual opening hours, Monday to Friday between 9:00 am and 5:00 pm.
Online dispute resolution under Article 14 (1) of the ODR: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
In the event that individual provisions of these General Terms and Conditions of Business are or become unenforceable or impracticable, or if these General Terms and Conditions of Business contain unintentional gaps, the validity of the remaining provisions of these General Terms and Conditions shall remain unaffected. The statutory provisions shall apply in place of the invalid, unenforceable or missing provision.