BRIGHT SMILE TERMS AND CONDITIONS

1. SCOPE
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply any of the products (“Products”) listed on our web site [ http://www.brightsmile.ie] (our site) to you. You should understand that:
a) These terms and conditions apply to all contracts entered into with us whether entered into via our site or otherwise and;
b) All sales are subject to these terms and conditions and any additional or different terms proposed by you are hereby objected to and shall be of no effect, unless accepted in writing by us, and;
c) That by ordering any of our Products, you agree to be bound by these terms and conditions and;
d) We may change these terms and conditions from time to time so you should read them before you purchase even if you have purchased from our site on a previous occasion. These terms and conditions were last updated on [17.08.2006]

2. INTERPRETATION
In these terms and conditions:
“Supplier” means, “Bright Smile” registered in Ireland no. [306529], whose registered office is at 89 Clonard Village,Wexford,Co.Wexford,Ireland . The term also includes “We”, “Us” or “Our”
“Customer” means the person whose order for Products is accepted by the Supplier and the term includes “You” or “Your”.
“Products” means the Products ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier.

3. YOUR STATUS
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts, and;
b) You are at least 18 years old and;
c) None of the factors set out in Clause 8 below apply to you.
4. FORMATION OF A CONTRACT BETWEEN US
4.1. After placing an order with us you will receive an e-mail from us acknowledging that we have received your order. 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 our acceptance of your order by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between you and us will only be formed when we send you the Dispatch Confirmation.
4.2. Each contract will relate only those Products whose dispatch we have confirmed in the applicable Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.

5. DELIVERY
5.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, or, if no delivery date is specified, then within 2 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances preventing or delaying delivery.
5.2. We will use all reasonable efforts to meet any stated delivery date but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from our failure to do so, howsoever caused.
5.3. Delivery shall be at your address as stated on the purchase order, unless otherwise agreed and unless otherwise expressly agreed, we may make delivery in one or more instalments. Eire residents need to have someone available at the delivery address given to us for An Post to be able to deliver your order. Should An Post be unable to deliver because no-one was available, and you do not collect the order from your local post office notified by them, the order will be returned to us. We reserve the right to charge an additional 10.00 euro to cover further administrative and postal charges to re-send your order.

6. TITLE & RISK
6.1. Title (ownership) to the Products ordered by you only passes to you when payment is made for them in full, including all sums due in respect of delivery or insurance charges.
6.2. As and from shipment, you are responsible for any loss, damage or deterioration in the Products from whatever cause, unless otherwise agreed in writing by us.

7. PRICES & PAYMENT
7.1. The price of any Product s will be as quoted on our site, except in cases of obvious error. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch process so that where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.2. We are under no obligation to provide Product(s) to you at an incorrect (lower) price even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mis-pricing.
7.3. Unless expressly quoted as including VAT, all prices are exclusive of value added tax or any other government taxes or duties which, if applicable, shall be paid by the Customer.
7.4. Prices are exclusive of any delivery, carriage, packaging and insurance costs which are quoted separately and which will be arranged by us but paid by you in addition to the price of the Products.
7.5. All prices are payable in the currency quoted.
7.6. All prices quoted are subject to change or withdrawal from time to time without notice, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.7. Paypal: payment for all Products must be made in full prior the Products being dispatched.
Cheque, bank draft or postal order: for Bright Smile full system payment must be submitted together with impressions of your teeth and sent back to us in the prepaid envelope provided.
For Bright Smile refill payment must be posted upon completion of your order to:Bright Smile, 89 Clonard Village,Wexford,Co.Wexford.
All Cheques, drafts or postal orders must be made payable to: Bright Smile.

7.8. You will be responsible for complying with any legislation or regulations governing the importation of Products into the country of destination and for the payment of any duties or taxes associated with such importation. We suggest you contact your local customs office for further information before placing an order with us.

8. PRODUCT CHARACTERISTICS & PRODUCT USE
8.1. Tooth whitening uses a safe chemical which may cause some mild sensitivity after initial use which generally disappears after four to five days. Tooth whitening will only lighten healthy enamel and dentine – dental decay and artificial components such as fillings, veneers, crowns, bridges, or denture teeth will not be affected by the bleaching process.
8.2. Taking an impression carries a risk of dislodging defective crowns, bridgework, veneers and fillings. Periodontal gum disease may have already loosened your teeth and cause swollen gums and spontaneous bleeding, which may produce an inaccurate impression. You may wish to have a dentist check that none of the above applies to your teeth before you use any of our Products, as we will not be liable for any therapeutic, restorative or reparative dentistry following use of any of our Product.
8.3. Tooth whitening should not be used if you are pregnant or breast feeding.
8.4. By ordering Products from us you confirm that none of these factors apply to you.
8.5. Bleaching trays are custom made devices for the specific use by the Customer and conform to the relevant essential requirement set out in Annex I of the Medical Device Directive (93/42EEC). To comply with applicable EU laws and Directives, we provide carbamide peroxide gel primarily as an anti microbial agent. Tooth whitening is a secondary feature and the two properties cannot be separated.
8.6. Long term continued use of tetracycline, or food and drink containing high levels of dark colorants may affect the final degree of tooth whitening or the time taken to achieve it.

9. QUERIES & COMPLAINTS
9.1. Notification of queries and/or complaints must be notified to us in writing within [fourteen (14)] days of receipt of the Products.
9.2. Where a complaint has been made in accordance with the provisions of this clause and we agree that the Products are faulty due to defective workmanship, we shall at our option either:
9.2.1 Repair the Products;
9.2.2 Deliver replacement Products when the defective Products have been returned,
9.2.3 Refund the purchase price, or;
9.2.4 Cancel the Contract forthwith.
9.3. In agreeing to take such action, we shall specify whether the cost of such action shall be borne by us or by you or partly by us and partly by you.

10. WARRANTIES & LIABILITY
10.1. We warrant that any Product purchased from us through our site is of merchantable quality and will comply with specifications in accompanying documentation, and/or will conform with the specification for them published by us or their manufacturer and will be free from defects in design, materials and workmanship.
10.2. We will only accept liability for defects which appear under the conditions of operation or application of the Products provided for in the accompanying documentation and/or under the proper use of the goods.
10.3. Subject to Clause 10.1 , if we are in breach of the warranties given under these terms and conditions, our liability shall be limited to:
(i) replacement of the Product concerned; or
(ii) at our option, reimbursement of the purchase price.
10.4. We shall have no further liability to you other than as described in Clause 10.3, whether under these conditions of sale or on any other basis including liability in tort as a result of the sale of the Products.
10.5. Subject to Clause 10.2, we shall not under any circumstances be liable to you by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions of sale, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damages.
10.6. Nothing in this these conditions of sale shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer
10.7. Neither you nor us shall be liable or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of the obligations in relation to the Products, if the delay or failure was due to any cause beyond their reasonable control, including, but not limited to any Act of God, explosion, fire, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority, war, civil commotion, insurrection, international sanctions or boycotts, import or export regulations or embargoes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery, labour disputes of whatever nature whether involving employees of the Supplier or your employees or of any third party.

11. GENERAL
11.1. Notices – All notices given by you to us must be given to Bright Smile at 89 Clonard Village,Wexford,Co.Wexford,Ireland. We may give you notice 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 web site, 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving 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.
11.2. Waiver – if we fail at any time during the term of a Contract to insist upon strict performance of any of your obligations under the Contract or any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2.1 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.2.2 No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms & Conditions.
11.3. Severability – If any of these Terms & Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, Conditions or provisions which will continue to be valid to the fullest extent permitted by law.

12. DISPUTES
12.1. Any dispute arising our of or under or in connection with these Terms & Conditions or the sale of Products shall be referred to and settled exclusively by final and binding arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce, by a single arbitrator appointed by agreement or (in default) nominated on the application of either party, by the President for the time being of the Incorporated Law Society of Ireland.
13. GOVERNING LAW
13.1. These Terms & Conditions and any contract made under them shall be governed by Irish law.

PRIVACY POLICY
We are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalized shopping experience. We will only use the information that we collect about you lawfully in accordance with the Data Protection laws for the time being in force in Ireland.

We will not sell, share or rent this information to third parties except as disclosed in this statement. During the registration or ordering process we collect some or all of the following information:

- Your name and address
- Your contact telephone numbers (to enable us to contact you in the event of a query);
- Your e-mail address;
- Confirmation you are over 18 years of age (to ensure that inappropriate Products are not shipped to minors).

We will confirm your personal details on our acknowledgement of your order. You may check, amend or remove your personal details by e-mailing us at info@brightsmile.ie
By using www.brightsmile.ie web site you signify acceptance of this privacy statement. Bright Smile reserves the right to modify this policy at any time.

If you have any queries regarding this policy you can contact our customer service team at info@brightsmile.ie.