TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS
This page (and any documents which it refers to) states the Terms and Conditions (the “Terms”) under which you (“You/Your”) may use the 3D Mouthguard website located at www.3dmouthguard.nl (the “website”). Please read this page carefully. By accessing and using the website, you accept and agree to be bound by these Terms. If you do not accept any of the Terms stated here, You must not use the website.
The website is operated by 3D Mouthguard B.V., a company registered in the Netherland (Chamber of Commerce number 68405847) with its registered address at Hofmeierstraat 20, 5663 CK Eindhoven. Our VAT registration number is NL857426400B01. All references to “We/Our/Us” refer to 3D Mouthguard B.V..
From time to time we may modify or revise these Terms (for example to reflect changes in technology, our business model, our system’s capabilities or relevant laws and regulatory requirements). We recommend that you should therefore visit this Terms & Conditions page www.3dmouthguard.nl/AlgemeneVoorwaarden periodically to review the Terms. In the event of substantive changes to the Terms, You may be notified by a notice on the website.
Your use of the website constitutes your agreement to the terms.
1. ACCESSING THE WEBSITE
The website is not directed at any person in any country where for any reason the publication or availability of the website is prohibited and 3D Mouthguard does not represent that either the website or its content are appropriate for use or are permitted by the laws of all countries.
Access to the website is provided on a temporary basis, 3D Mouthguard reserves the right at any time to modify or discontinue, temporarily or permanently, the website, any part of the website and/or any and all features and sections of the website, without notice. However, where possible we will endeavour to inform registered users via a notice on the website or email; 3D Mouthguard shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After making a 3D scan of your teeth, you can directly place a verbal order or order your mouthguard on a different time by mail. After placing an order, you are making an offer to us to purchase the product(s) you have selected on these Terms. You immediately accept your order (without a written order confirmation) and the goods are charged and a contract is created between you and us.
We keep all contracts created and recommend that you file them as well, as the documents cannot be accessed later.
3. PRICE, OFFERS AND PAYMENT
The price of our product(s) will be as quoted on the flyer of the scan event on your club/gym or as seen on our website from time to time, except in the case of obvious errors. The price includes value added tax (VAT) and excludes delivery charges.
We reserve the right to change our prices, from time to time. However, changes will not affect orders which we have accepted.
4. GUARANTEE POLICY
All our orders are customized for you and is a personalized product this can only be cancelled within 24 hours after placing your ‘verbal’ order. This is because we start the production process for personalized products after receiving the order.
Personalized products cannot be returned. We give you a 30-days satisfaction guarantee. You may request a refund or replacement product within 30 days of the date of purchase. It’s needed that you sent several pictures and/or a movie of the issue you have with our Product to email@example.com or to the sales representative of 3D Mouthguard in your Country.
The contents of the website, such as text, graphics, images, and other material, as well as the underlying html source code of the website (“Material”) are owned or controlled by 3D Mouthguard or by third parties that have licensed their material to 3D Mouthguard. Unauthorized use of the material may violate such laws.
You may download extracts of the material for your own personal use. You must retain all copyright and other proprietary notices contained in the original material on any copy you make. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. You hereby acknowledge that you do not acquire any ownership rights by viewing or downloading the material.
Except as otherwise expressly permitted under these Terms or applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of the material will be permitted without the express permission of 3D Mouthguard.
6. RELIANCE ON INFORMATION
The information and material on the website are not intended to amount to advice on which you can rely. Although we make every effort to avoid errors on the website, the material may contain inaccuracies or typographical errors. We do not promise that the website and/or the material will be uninterrupted or error free or that any defects will be corrected. We will not be liable for any loss or any damage arising out of or in connection with access or use of the website and/or the material except that nothing in these Terms excludes or limits any liability for losses which may not be lawfully excluded or limited by applicable law.
7. OUR LIABILITY
We promise to you that any product purchased is of satisfactory quality for the purpose for which the product was supplied.
Our liability for losses you suffer as a result of us breaking these Terms shall be limited to the purchase price of the products you purchased and any losses that are a foreseeable consequence of our breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage or losses which are not foreseeable by You and us (such as loss of profits or business).
Nothing in the Terms is intended to exclude or limit in any way Our liability for fraud or fraudulent misrepresentation, death or personal injury caused by Our negligence or deliberate breaches of the Terms by us that would entitle you to terminate the contract between Us.
8. LINKS TO OTHER SITES
The website contains hyperlinks to websites owned and operated by third parties. We do not accept any responsibility for the content of third party websites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which the website is linked.
9. YOUR INFORMATION
10. CONTACT US
If You have any questions, comments or complaints regarding these Terms, the website, Our products or services, please contact us at firstname.lastname@example.org, or by post at 3D Mouthguard B.V., Brainport Industrie Campus 1, 5657 BX Eindhoven, The Netherlands
The website is based in the Netherlands. These Terms and any dispute or claim arising out of or in connection with them are governed by the law of the Netherlands and to the exclusive jurisdiction of the courts of the Netherlands.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any Term shall be deemed a further or continuing waiver of such Term or any other Term. These Terms and any document expressly referred to in them constitute the entire agreement between you and us with respect to the use of website and the supply of our products. Any changes to these Terms must be made in writing, signed by an authorized representative of 3D Mouthguard B.V..
These Terms are not assignable or transferable by you without our prior written consent. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any Term save in the event of fraud or fraudulent misrepresentation.
The section headings are used for convenience only and shall not be given any legal importance.