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General terms & revocation

General terms & revocation

GENERAL TERMS AND CONDITIONS

General Terms and Conditions (Smile Me Up GmbH)

General trading conditions of the Smile Me Up GmbH for the use opposite private people (consumer business).

 

§1 Validity of the conditions

The Smile Me Up GmbH with seat in Düsseldorf, Lilienthalstr. 66, 40474 Düsseldorf, HRB number 79803, sales tax ID DE311238209 (in the following: "Smile Me Up"), represented by the managing director Dr. Walid Fahmy, sells tooth rails under the line "CLEAR UP" (in the following: "tooth rails"). The following regulations apply exclusively and thus to all offers, supplies and services of Smile Me Up opposite natural and legal persons, the consumer iSd. § 13 BGB are.

 

§2 contracting parties

A contract comes off with the Smile Me Up GmbH, Lilienthalstr. 66, 40474 Duesseldorf.

§3 conclusion of a contract and explanation of the order process of Smile Me Up and its products and services

The German language is available for the conclusion of the contract. The presentation of individual tooth rails in our business premises, our Internet presence, our online shop or in brochures or catalogues does not constitute a legally binding offer. Rather, it is merely a non-binding representation of the toothed rails. The conclusion of the contract includes the ordering of the impression set on the one hand and the delivery of the toothed splint(s) on the other. The order confirmation is made as follows, depending on the means of communication used:

  • online shop

When ordering via our online shop, the toothed tracks can initially be placed in the shopping basket without obligation. All entries can be corrected at any time - even after the tracks have been placed in the shopping cart - before sending a binding order. In particular, the correction aids displayed and explained in the course of the order process are available to you for this purpose. You make a binding offer to order the tooth rails contained in your shopping basket by clicking on the button with the designation "buy now". The contract is concluded through our acceptance of your offer. The acceptance explanation of Smile Me Up takes place by dispatch of a E-Mail over the confirmation of your order to the E-Mail address indicated by you. If you have decided for the payment method "PayPal", the contract already comes off at the time of your confirmation of the payment instruction to PayPal. We save the contract text and send you the order data by e-mail. You can view and download the general terms and conditions on our website at any time.

  • Telephone order

With a telephone contact neither the delivery, nor the admission of your order represents a legally binding offer. A contract is not concluded by telephone. We will send you an order confirmation form for the desired products to your e-mail address or, if you expressly wish, to your postal address. With this order form we submit a binding offer for the order, to which we are bound for a period of 14 days from dispatch. The 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 at our premises, we make a binding offer by submitting an order form which you accept by signing.

The printing set

The impression set will be sent to the address you specify after confirmation of your order. In the impression set you will find impression material for a total of four impressions, four impression trays, disposable gloves, instructions "How to make impressions at home", the order confirmation form of your order as well as a return form (only in Germany) to return the impressions to Smile Me Up.

The 3D simulation

The 3D simulation is a proposal for the correction of the tooth malposition with the tooth rails / aligners of the Smile Me Up GmbH incl. a before and after simulation, created on the basis of the tooth impression and individually adapted to the customer.

The before and after simulation is a 3D visualization of the upper and lower jaw of the customer created on the basis of a digitized dental impression - consisting of images of the dentition of the user at the time of the dental impression and after the end of the use of the named tooth rails / aligners.

This 3D simulation serves purely for orientation of the result and is not bound to the final result. Actual results may differ from the 3D simulation.

§4 Data protection

With use of the Onlineshops of Smile Me Up personal data and sensitive information are seized and stored by you, if you successfully locked the order procedure. Besides sensitive information can be stored with your attendance on our Onlineshop over you, under it e.g. health information to your teeth - including pictures of the respective teeth.

We will inform you of the intentions when personal data or sensitive information is collected and we will only use data that is necessary to fulfill the agreed performance 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 optimise the ordering process and clarify open questions
  • Analyze the use of our services and products, develop new services and products, and customize our products, services, and other information provided.

The comprehensive privacy policy of our online shop can be viewed and downloaded at any time on our website.

§5 Explanations Aligner

  • CLEAR UP is a tooth correction product.
  • CLEAR UP does not replace a regular dental examination.
  • In case of difficult dental problems we refer you to your dentist for treatment.
  • With CLEAR UP only the front teeth (canine to canine) are corrected - the back teeth and molars are excluded.
  • Customer-specific data is passed on to third parties, as each case is evaluated individually - all data is treated confidentially.

§6 Prices

With the prices indicated in the price lists of Smile Me Up or other messages in the Onlineshop of Smile Me Up it concerns noncommittal data. Decisive are exclusively in the confirmation of order of Smile Me Up mentioned prices if necessary plus the in each case valid legal value added tax and packing, postage and freight costs. Additional supplies and achievements are computed separately. Regarding the packing, postage and freight costs Smile Me Up is justified to select the way of the supply most favorable for the customer.

§7 payment

The following options are available to you for the payment of your order. We do not charge surcharges for any of the following options.

  • Bank transfer (prepayment):

You pay by transfer of the total amount on the account of Smile Me Up GmbH. The account details are provided to you after the order process. The debiting of the amount as well as if necessary resulting fees depend on the conditions of the executing bank.

  • PayPal:

The payment takes place over the on-line service provider PayPal. Precondition for the use of this payment method is a previous registration with the service provider, an authentication by your access data as well as the confirmation of the payment order to us. You will receive further information during the ordering process.

  • Credit card

Another possibility is payment by credit card (Visa and Master). You will find the terms and conditions of the respective credit card provider in your documents or, for example, at https://www.mastercard.de and https://www.visa.de.

  • Cash payment:

On request, it is also possible to pay the amount in cash, especially for personal orders in our business premises.

  • Optional financing:

It is possible to make the payment via financing by an external partner.A bank selected by the customer as well as a desired installment payment is selected. After completion of the contract with the bank and disbursement of the respective amount the customer pays the total amount to Smile Me Up GmbH or alternatively directly the Finanzierungsdienstleister to the Smile Me Up GmbH.

§8 Cancellations / Cancellations / Revocation Policy

As a consumer in the sense of § 13 BGB (German Civil Code) you are entitled to a right of revocation in the case of a contract conclusion under exclusive use of means of distance communication (distance contract) according to §§ 355, 356 BGB (German Civil Code). You may revoke a contract in accordance with the following provisions:

Cancellation Policy

You have the right to revoke the contract within fourteen days without giving reasons. The revocation period is fourteen days. It begins as soon as you or a third party named by you who is not a carrier has received or has received the goods (hereinafter also referred to as "printing set"). In order to exercise your right of revocation, you must inform us,

Smile Me Up GmbH
Lilienthalstr. 66

40474 Düsseldorf
Germany

Email: info@smilemeup.com

inform you by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Right of Withdrawal / Consequences of Withdrawal

If you revoke the Contract, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of the Contract for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a different method of delivery from the cheapest standard delivery offered by us).

We will use the same means of payment for the refund as you used for the original transaction, unless a different method of refund has been expressly agreed with you and in no event will you be charged for such refund.

We may refuse repayment until we have received the Impression Kit back or until you have provided evidence that you have returned the Impression Kit intact, whichever is the earlier. You must return or hand over the impression set to us immediately and in any case within 14 days of the day on which you notify us of the revocation of the contract at the latest.

This period shall be deemed to have been observed if you dispatch the goods before expiry of the 14-day period. You shall bear the direct costs (if no use is made of the enclosed return note) of returning the goods. You shall only be liable for any loss in value of the imprint set if such loss in value is attributable to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion or expiry of the right of revocation

There is no right of withdrawal for contracts for the delivery of goods which are prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Therefore a revocation is only legal for the unused impression set but not for the individually produced tooth tracks ("CLEAR UP"). Furthermore, a right of withdrawal does not exist or expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery. This includes the use of the imprint set. In this case we will charge you 50,- EUR for the use of the impression set.

Sample withdrawal form

If you want to cancel the contract, please fill out this form and send it to us:

Smile Me Up GmbH, Lilienthalstr. 66, 40474 Düsseldorf, Germany, E-Mail: info@smilemeup.com

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods(*)/the provision of the following service(*):

Ordered on (*)

Name of the consumer(s)/(in):

Address of the consumer(s)/(in):

Signature of consumer(s)/(in) (only for paper communication)

Date (*)

Delete as applicable.

End of the revocation instruction.

Voluntary 30-day money-back guarantee: We offer you a 30-day return guarantee beyond the statutory 14-day withdrawal period. Thanks to this return guarantee, you can withdraw from your contract within 30 days of receipt of the order and, for example, return the impression set as described above. This does not apply to our CLEAR UP as they are a custom made product as described above.

§9 Corrections to custom-made products

Experience has shown that there may be a need for correction or adjustment in the case of custom-made products (individually manufactured toothed splints). It is conceivable, for example, that the toothed tracks do not immediately fit exactly in some places, but appear too large or too small, too narrow or too wide.

Such phenomena cannot always be completely ruled out in custom-made products. We therefore offer you the opportunity to first try on each individually made splint and, if necessary, to have a maximum of two subsequent improvements made within the first three months and to return them to us stating your desired changes.

We would like to point out that you always send the goods in an air-cushioned envelope or parcel. This also ensures that you have transport insurance with the supplier you order.

If necessary, we will agree on the concrete need for correction in a personal meeting and make the desired adjustments to your toothed tracks. We will have two adjustments carried out free of charge for you within three months of receipt of the toothed tracks.

§10 Delivery

The reprint set will be dispatched within 15 working days of receipt of your payment at the latest if you have not been informed of any other deadlines prior to or at the conclusion of the contract. With the printing set you will receive a return slip (only in Germany) and an order confirmation form which also contains the declaration of consent under data protection law.

After we have received the impressions you have made with the impression set, completed and signed the order confirmation form and the declaration of consent, we will first produce the 3D simulaion.

After your confirmation of the 3D simulation, the individual tooth splints ("CLEAR UP") will then be produced and sent to you within 25 working days, unless we have previously informed you of separate delivery dates. In Germany, however, a personal appointment(s) with a dentist or orthodontist is (are) necessary before delivery. In general the attending physician determines the number and the intervals of the visits and not Smile Me Up.

Our deliveries take place for you free of shipping costs (only within Germany). A self-collection of the commodity is possible only after previous arrangement.

§11 Warranty and claims for material defects

Unless otherwise stated below, the statutory liability for defects shall apply.

§12 Customer service

Smile Me Up's customer service can be reached during the usual opening hours, Monday to Friday between 9:00 and 17:00 at the following numbers: +49 211 43632173 & +49 1525 8197119

§13 Online dispute resolution

Online settlement of disputes pursuant to Art. 14 para. 1 ODR-VO:

The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.

§14 Severability clause

Clause In the event that individual provisions of these General Terms and Conditions are or become invalid or unenforceable in whole or in part, or in the event that these General Terms and Conditions contain unintended loopholes, the validity of the remaining provisions of these General Terms and Conditions shall not be affected thereby. The invalid, unenforceable or missing provision shall be replaced by the statutory provisions.

Status: 2019/03