ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the terms below with a capital letter throughout, are defined as follows.

1. SmileWhite: the user of these general terms and conditions, established at Torenlaan 9, 1261GA in Blaricum, registered with the Trade Register under Chamber of Commerce number 77934393.

2. Consumer: any natural person, not acting in the course of a profession or business, with whom SmileWhite has concluded or intends to conclude an Agreement.

3. Agreement: any agreement concluded between SmileWhite and the Consumer through the order process on the Website, pursuant to which SmileWhite undertakes to deliver Products to the Consumer against payment.

4. Subscription: an Agreement for the regular delivery of Products.

5. Website: www.yoursmilewhite.com.

6. Products: all goods to be delivered by SmileWhite to the Consumer under the Agreement, including, but not limited to, SmileWhite bleaching sets, bleaching toothpaste and refill gels.

7. Written or In Writing: in addition to traditional written communication, communication by e-mail or any other means of communication that can be qualified as equivalent in view of the state of the art and the prevailing views in society.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to all offers made by SmileWhite as published on the Website, as well as to any Agreement.

2. The provisions of these general terms and conditions can only be deviated from explicitly and In Writing. If and insofar as the provisions expressly agreed by the parties In Writing deviate from the provisions of these general terms and conditions, the provisions expressly agreed by the parties In Writing shall apply.

3. Annulment or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such a case, the parties are obliged to consult with each other in order to reach a replacement arrangement with regard to the clause in question. The replacement clause shall be as much as possible in keeping with the purpose and purport of the original provision.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT

1. All offers made by SmileWhite are without obligation and are subject to sufficient availability of the Products offered.

2. The Consumer cannot derive any rights from an offer made by SmileWhite that contains a manifest error or mistake.

3. Without prejudice to the provisions of paragraph 1, the Agreement is concluded from the moment that SmileWhite’s offer has been accepted in the manner designated by SmileWhite and the Consumer has complied with all the conditions explicitly stated in the offer. Subsequently, without prejudice to the provisions of paragraph 1, the order is confirmed to the Consumer by e-mail as soon as possible.

ARTICLE 4. | RIGHT OF DISSOLUTION

1. Subject to the other provisions of this article and in particular the provisions of paragraph 3, the Consumer may dissolve the Contract in whole or in part without stating reasons up to 14 days after receipt of the Products by him or on his behalf. The right of dissolution may not be invoked in respect of individual Products that are offered together at a certain price, such as a SmileWhite Bleaching Set, which is made up of both a bleaching gel and a bleaching kit. In this example the right of dissolution can only be invoked with regard to the entire SmileWhite Bleaching Set.

2. If the Agreement is related to a Subscription, the Consumer shall only have this right up to 14 days after receipt of the first delivery.

3. The Consumer has no right of dissolution upon delivery of SmileWhite Bleaching Kits, bleaching gels, bleaching toothpaste and any other Products of which the seal or immediate packaging has been broken after delivery and which are not suitable for return because of health protection and/or hygiene reasons.

4. The Consumer who makes use of the right of dissolution may dissolve the Contract by submitting a request to this effect to SmileWhite by e-mail or by using the model revocation form offered by SmileWhite. As soon as possible after SmileWhite has been informed of the Consumer’s intention to dissolve the contract, and if the conditions of this article have been met, SmileWhite will confirm the dissolution of the contract by e-mail.

5. The Products to be returned and their packaging must be handled with care during the 14-day cooling-off period. Without prejudice to the provisions of paragraph 3, the Consumer may only handle and inspect these Products to the extent necessary to assess the nature and characteristics of the Products. The basic principle with respect to this is that the Products may only be handled and inspected as would be permitted in a physical store.

6. If the Consumer makes use of the right of dissolution, he shall return the Products to SmileWhite undamaged, with all delivered accessories and in their original condition and packaging.

7. The Consumer shall be liable for any reduction in value of the Products resulting from handling the Products in a manner beyond the provisions permitted under paragraph 7. SmileWhite is entitled to charge the Consumer for such reduction in value, whether or not by offsetting this reduction in value with the payment already received from the Consumer.

8. The Products in question must be returned within 14 days after the Consumer has invoked the right of dissolution in accordance with paragraph 4.

9. If the Consumer makes use of the right of dissolution, the costs of returning the products will be at his expense.
10. SmileWhite will refund to the Consumer the payment received from the Consumer minus any reduction in value as soon as possible, yet no later than 14 days after the dissolution, provided that the Products have been received back by SmileWhite, or the Consumer has demonstrated that the Products have actually been returned. If the right of dissolution is applied to only part of the order, any delivery costs paid by the Consumer in the first instance do not qualify for a refund.

ARTICLE 5. | DELIVERY OF THE PRODUCTS, CONFORMITY; DELIVERY TERMS

1. The ordered Products shall be delivered at the delivery address specified by the Consumer.

2. SmileWhite guarantees that the Products comply with the Agreement and consequently possess the properties required for normal use (conformity).

3. SmileWhite reserves the right to deliver orders in parts. In that case, the Consumer’s period of reflection, if any, in connection with the right of dissolution as referred to in the previous article, will only commence from the moment that the last part delivery from the order has been received by or on behalf of the Consumer.

4. The risk of loss of and damage to the Products shall pass to the Consumer from the moment the Products are received by him or on his behalf.

5. SmileWhite shall make every effort to meet the delivery deadlines agreed between the parties. However, all delivery periods mentioned by SmileWhite are only to be regarded as indicative time-limits, which are not deadlines. In the event of a (anticipated) delivery delay, SmileWhite will make every effort to notify the Consumer as soon as possible by e-mail. SmileWhite’s default does not take effect until after the Consumer has submitted to SmileWhite a written notice of default, in which notice of default a reasonable period is stated within which SmileWhite will still be given the opportunity to fulfil its obligation to deliver while fulfilment is still outstanding after the expiry of the latter period.

6. If the agreed delivery term is exceeded, the Consumer shall not be entitled to refuse acceptance of the Products to be delivered and fulfilment of the other obligations under the Agreement.

7. In the event that SmileWhite incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will additionally be borne by the Consumer.

ARTICLE 6. | 30-DAY MONEY-BACK GUARANTEE

1. With regard to SmileWhite Bleaching Sets, the Consumer is entitled to a “30-day money-back guarantee”. SmileWhite guarantees that teeth become at least two shades lighter when the SmileWhite Bleaching Set has been used six days in a row. If this is not the case with the Consumer, the Consumer will receive the purchase price back, provided that:
– the SmileWhite Bleaching Set has effectively been used for at least six consecutive days, strictly in accordance with the instructions for use supplied;
– the SmileWhite Bleaching Set is the first SmileWhite Bleaching Set used by consumer;
– the Consumer, in view of all the circumstances of the case, could reasonably have assumed that the use of SmileWhite Bleaching Set would lead to the promised lighter shades. For example, the bleaching product does not work for teeth subject to decay, nor with regard to bridgework, crowns or fillings;
– the Consumer has not previously made use of the Money-Back Guarantee;
– A photo was taken of the teeth shortly before the first use of the SmileWhite Bleaching Set;
– a photo was taken of the teeth after using the SmileWhite Bleaching Set for six consecutive days;
– the appeal to the no-good-money-back guarantee is submitted to SmileWhite by e-mail (info@yoursmilewhite.com) within 30 days after the date of receipt of the SmileWhite Bleaching Set by the Consumer, accompanied by the photographs referred to above, which are clearly marked with the date and time on which these photographs were taken.

2. The Consumer’s reliance on the “30-day money-back guarantee” will be processed by SmileWhite within three working days of receipt. If the conditions referred to in the previous paragraph are met, the Consumer will be refunded the purchase price of the SmileWhite Bleaching Set. The SmileWhite Bleaching Set will not be taken back by SmileWhite, subject to the case when the order contains more than one SmileWhite Bleaching Set, the excess is to be returned to SmileWhite at the Consumer’s own expense, undamaged and in its original condition and packaging, within 14 days after the Consumer has invoked the non-refundable money-back guarantee.

3. The purchase price of SmileWhite Bleaching Set in respect of which the non-refundable money-back guarantee has been invoked by the Consumer will be refunded to the Consumer within 14 days of SmileWhite’s approval of the Consumer’s request, on the understanding that SmileWhite reserves the right not to proceed with the refund until after, in any case, the multiple SmileWhite Bleaching Sets referred to in the previous paragraph have been received back by SmileWhite in their original condition and packaging. If the returned SmileWhite Bleaching Sets as referred to herein are not returned in the required condition, SmileWhite is entitled to offset the amount to be refunded to the Consumer against the reduction in value of the returned SmileWhite Bleaching Sets, which may result in a claim by the Consumer that is nil, or a claim by SmileWhite against the Consumer.

4. The provisions of this Article are without prejudice to the provisions of Article 4.

ARTICLE 7. | SUBSCRIPTIONS

1. Subscriptions provide for the monthly delivery of the agreed Products.

2. Each Subscription is entered into for an indefinite period of time and ends by giving one month’s notice by e-mail.

3. If the Subscription is not terminated in a timely manner, the Subscription will end immediately after the next delivery.

ARTICLE 8. | FORCE MAJEURE

1. SmileWhite is not obliged to fulfil any obligation under the Contract if and as long as it is impeded to do so by a circumstance that cannot be attributed to it by law, a legal act or generally accepted views.

2. If the force-majeure situation makes compliance with the Agreement permanently impossible, the parties are entitled to dissolve the Agreement with immediate effect.

3. If SmileWhite has already fulfilled part of its obligations when the situation of force majeure arises, or is only able to fulfil part of its obligations, it is entitled to invoice the part of the Agreement already performed or the executable part of the Agreement separately as if it were an independent Agreement.

4. Damage resulting from force majeure shall, without prejudice to the application of the previous paragraph, not in any case qualify for compensation.

ARTICLE 9. | PRICES AND PAYMENTS

1. Before the conclusion of the Agreement, the total price, including VAT and any delivery costs, will be stated.

2. SmileWhite reserves the right to change the prices of the Products it offers in a subscription during the term of the Subscription, whereby SmileWhite will notify the Consumer no later than two months in advance so that the Consumer still has the option of terminating the Subscription in a regular manner.

3. Payment must be made by one of the payment methods designated by SmileWhite. In the case of a Subscription, the amount due is automatically collected from the Consumer’s bank account for each subsequent delivery. The Consumer will provide an authorisation for this with the first payment.

4. SmileWhite is entitled to provide the invoices to be issued to the Consumer exclusively by e-mail.

5. In the case of advance payment, SmileWhite is not obliged to perform the Agreement until payment by the Consumer of the amount due to SmileWhite under the Agreement.

6. If payment is not made on time, the Consumer’s failure to pay shall be considered a default by operation of law. From the day that the Consumer’s default commences, the Consumer will be due statutory interest on the outstanding amount.

7. All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts due by the Consumer, shall be borne by the Consumer in accordance with the Collection Costs Act.

ARTICLE 10. | LIABILITY AND INDEMNITY

1. The Consumer bears damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Consumer bears damage caused by a shortcoming in the fulfilment of the Consumer’s obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to SmileWhite.

2. The Products must be used in strict compliance with the instructions for use. It is the Consumer’s own responsibility to check, before placing the order, whether they are suitable for use by the person concerned. SmileWhite provides information on this subject on the Website under ‘FAQ’. In case of doubt about the suitability of the Product for the person for whom it is intended, it is the responsibility of that person to consult a (dental) doctor. Bleaching gels are not always suitable for use during pregnancy, in case of bad teeth (rotting teeth, exposed roots, gum inflammation, worn tooth enamel, etc.), when using braces, in case of recently performed jaw surgery and when the person concerned is allergic to one of the ingredients of the bleaching gel. SmileWhite shall not in any event be liable for any damage resulting from the use of the Products without observing the provisions of the preceding paragraph.

3. SmileWhite’s liability is limited to a maximum of the invoice value of the Contract, or at least that part of the Contract, which relates to SmileWhite’s liability, on the proviso that this limitation does not extend beyond what is permitted under Book 7, Section 24 paragraph 2 of the Dutch Civil Code.

4. The Consumer indemnifies SmileWhite against any claims from third parties who suffer damage in connection with the execution of the Agreement and the cause of which can be attributed to parties other than SmileWhite.

ARTICLE 11. | COMPLAINTS POLICY

1. Complaints relating to the performance of the Agreement must be submitted to SmileWhite in writing, in full and clearly described, by e-mail or otherwise, within a reasonable time after the Consumer has discovered the defects.

2. Complaints submitted to SmileWhite shall be answered within fourteen days of receipt. If a complaint or question requires a longer processing time, a response will be provided within the period of fourteen days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.

3. If a complaint cannot be resolved by mutual agreement between the parties, the Consumer may submit the dispute to the Conciliation Board via the ODR platform (ec.europa.eu/consumers/odr/).

ARTICLE 12. | INTELLECTUAL PROPERTY

1. SmileWhite reserves all intellectual and industrial property rights in respect of the Products and their composition, as well as the brand names they carry and the texts, visual materials and other content of any nature whatsoever displayed on the Website. The Consumer is prohibited from duplicating these goods or causing them to be duplicated, reproducing them (or causing them to be duplicated), reproducing them (or causing them to be duplicated) or publishing them or distributing them or using them in any other way than the use pursuant to the nature or purport of the Agreement or the normal use of the Website.

2. A breach of the provisions of the previous paragraph attributable to the Consumer entitles SmileWhite to demand immediate rectification of the breach, as well as damages to be determined according to the nature and extent of the breach.

ARTICLE 13. | FINAL PROVISIONS

1. The title to all the Products delivered by SmileWhite remain vested in SmileWhite until the Consumer has properly fulfilled all his payment obligations under the Agreement.

2. Any Agreement and all legal relationships between the parties arising therefrom shall be governed exclusively by Dutch law.

3. The parties will not appeal to the court until they have made the best possible efforts to settle the dispute by mutual agreement.