1.
Definitions and Interpretation
"Buyer” means the person whose order for the Goods
is accepted by the Company;
“Company" means White at Home Limited registered
in England and Wales under CRN 05998585;
"Completion Date" means the date at which the Company
has performed all obligations in accordance with the Contract and the Conditions;
“Conditions” means the terms and conditions set
out in this document and (unless the context otherwise requires) includes any
special terms as agreed in writing between the Company and the Buyer;
"Contract" means the agreement for the supply of the
Goods made between the Company and the Buyer pursuant to clause 2.1;
“Delivery” means, for each part of the Goods, the
date which that part of the Goods was delivered to the Buyer under the Contract;
“Gel Pack” means the package containing the carbamide
peroxide gel to be delivered pursuant to clause 10.
"Goods" means the goods to be supplied under the Contract,
namely the Home Impression Kit and the Gel Pack;
“Home Impression Kit” means the package containing the kit
to be used by the Buyer for creating an impression of the Buyer’s
teeth to allow the Company to manufacture the custom made gel application
trays and to be delivered pursuant to clause 10. The gel application
trays conform to requirements set out in Annex 1 of the Medical Device
Directive (93/42EEC);
“Order” means the order for goods placed by the
Buyer at the Price via the Website;
“Order Form” means the form filled in by the Buyer
on the Website to enable submission of the Order;
“Person” includes firms companies and corporations
and any combination of these;
"Price" means the price to be paid by the Buyer for
the Goods ordered under the Contract. The prices payable by the Buyer are as
set out in the Website at [insert link to web page] and confirmed on the
Order Form;
"Services" means the services (if any) to be supplied
under the contract including the manufacturing of the custom made gel application
trays;
“Website” means www.whiteathome.com
The headings in these Conditions are for ease of reference only and
shall not be taken into account in their interpretation.
2. The Order
2.1 By submitting an Order the Buyer understands that the carbamide
peroxide gel is supplied by the Company primarily as an antimicrobial
agent and that tooth whitening is a secondary effect.
2.2 By submitting an Order the Buyer understands that tooth whitening
will only lighten natural healthy teeth and will not have a whitening
effect on crowns, bridges, veneers, fillings, dentures or decayed teeth.
2.3 The Buyer understands that the process of taking a dental impression
carries a risk of dislodging defective crowns, bridgework, veneers,
fillings and fixed orthodontic appliances and loose natural teeth.
Periodontal gum disease may have loosened teeth, caused swollen gums
and spontaneous bleeding. The Company recommends that the Buyer checks
with a dentist that none of these conditions apply as the Company shall
not be liable for any therapeutic, restorative or reparative dentistry
following use of the Goods.
2.4 The Buyer further understands that tooth whitening should not be
undertaken when pregnant or by women who are breastfeeding.
2.5 By submitting an Order the Buyer confirms that he/she is not allergic
to any of the following ingredients [LIST INGREDIENTS] and shall have
no action against the Company following an allergic reaction to any
of the ingredients on using the Goods.
3. The Contract
3.1 The Company must receive payment of the whole
of the Price for the goods under order before the Order can be accepted.
Once payment has been received by the Company it will confirm that
the Order has been accepted by sending an email to the Buyer at the
email address provided in the Buyer’s Order Form. The Company’s acceptance
of the Buyer’s Order brings into existence a legally binding
contract between the Buyer and the Company.
3.2 The Company reserves the right to reject any Order.
4. The Sale
4.1 Subject to clause 2.1 the Company shall sell and the Buyer shall
purchase the Goods in accordance with any order accepted by the Company
subject to these Conditions which shall govern the Contract to the
exclusion of all other terms and conditions.
4.2 The Company’s employees and agents are
not authorised to make representations about the Goods unless confirmed
in writing by the Company. In entering into the Contract the Buyer
acknowledges that he/she is not relying on any such representations
which are not so confirmed.
4.3 The Company reserves the right to correct any typographical, clerical
or other error or omission in any sales literature, quotation, price
list, acceptance of offer or any other document or information issued
by the Company without any liability on the part of the Company.
5. The Price
5.1 The Company reserves the right to increase the Price by giving
notice to the Buyer at least 14 days before delivery to reflect any
increase in costs due to any of the following:
5.1.1 any factor beyond the control of the Company including (without
limitation) a significant increase in the costs of labour, materials
or other costs of manufacture; any foreign exchange fluctuation; currency
regulation);
5.1.2 any change in delivery dates, quantities or specifications of
the Goods requested by the Buyer;
5.1.3 any delay caused by any instructions of the Buyer; or
5.2 The Price unless otherwise stated shall be inclusive of VAT.
6. Cancellation
by the Buyer
6.1 The Buyer may cancel the Contract at any time up to the end of
the seventh working day from the date the Buyer receives the Goods.
The Buyer does not need to give any reason for cancelling the Contract
nor will the Buyer have to pay any penalty.
6.2 The Buyer cannot cancel the Contract if the Goods have been removed
from the sealed package in which the Goods were delivered.
6.3 To cancel the Contract the Buyer must notify the Company in writing.
6.4 If the Buyer has received the goods before cancelling the Contract
then unless, under clause 6.2, the Buyer does not have a right to cancel
then the Buyer must send the Goods back to the Contact Address at the
Buyer’s own cost and risk. If the Buyer cancels the Contract
but the Company has already processed the Goods for delivery then the
Buyer must not unpack the Goods when they are received by the Buyer
and the Buyer must send the Goods back to the Contact Address at the
Buyer’s own cost and risk as soon as possible.
6.5 Once the Buyer has notified the Company that the Buyer is cancelling
the contract, any sum debited to the Company from the Buyer’s
credit card will be re-credited to the Buyer’s account as soon
as possible and in any event within 30 days of the Order PROVIDED THAT
the goods in question are returned by the Buyer and received by the
Company in the condition they were in when delivered to the Buyer.
If the Buyer does not return the Goods delivered to the Buyer or does
not pay the costs of delivery, the Company shall be entitled to deduct
the direct costs of recovering the goods from the amount to be re-credited
to the Buyer.
7. Cancellation
by the Company
7.1 The Company reserves the right to cancel the Contract if:
7.1.1 the Company has insufficient stock to deliver the Goods ordered
by the Buyer;
7.1.2 the Company does not deliver to the Buyer’s area; or
7.1.3 one or more of the Goods ordered by the Buyer was listed at an
incorrect price due to a typographical error or an error in the pricing
information received by the Company from its suppliers.
7.2 If the Company does cancel the Contract it will notify the Buyer
by e-mail and will re-credit to the Buyer’s account any sum deducted
by the Company from the Buyer’s credit card as soon as possible
but in any event within 30 days of the Order. The Company will not
be obliged to offer any additional compensation for disappointment
suffered.
8. Variation of
the Contract
8.1 The Company reserves the right to vary the Contract to change the
specification of the Goods:
8.1.1 so as to conform with any statutory or EU requirements where
the change will not materially affect the quality or performance of
the Goods; or
8.1.2 to reflect minor variations made to the Goods by any of the Company’s
suppliers or manufacturers.
8.2 Any variations to the Contract requested by the Buyer must be agreed
in writing between the Company and the Buyer. Any variation will take
effect as a cancellation of a part of the Contract and a request for
new Goods, as appropriate.
8.3 Where new Goods are requested a new Contract must be entered into
for these Goods. At the absolute discretion of the Company, this may
require additional sums becoming payable by the Buyer to the Company.
Such additional sums under the new Contract must be paid in full prior
to delivery of the new Goods by the Company and are not subject to
clause 5.
9. Specifications
9.1 Where the Buyer submits an order to the Company the Buyer shall
be responsible to the Company for ensuring the accuracy of the terms
of the order (including all specifications) and for giving the Company
all necessary information within a sufficient time to enable the
Company to perform the Contract in accordance with its terms.
10. Delivery of
Goods to the Buyer
10.1 The Company will deliver the Goods ordered by the Buyer to the
address provided on the Order Form.
10.2 It shall be the Buyer’s responsibility to ensure that Delivery
can take place. If the Goods are returned to the Company then the Company
reserves the right to charge an additional £10.00 over and above
the Price to cover administrative and additional postage costs.
10.3 The charge for Delivery shall be clearly indicated on the Order
Form and shall be paid by the Buyer to the Company in addition to the
Price.
10.4 Delivery of the Home Impression Kit will be made by first class
post and will be sent within two days of the Order being accepted by
the Company unless the Buyer pays by cheque in which case the
Buyer should allow a further seven days for Delivery.
10.5 Buyers outside the United Kingdom should allow 14 days from the
date of the Contract for the Home Impression Kit to be delivered.
10.6 The Gel Pack and the custom made gel application trays will normally
be sent to the Buyer by recorded delivery within 5 days of the Company
receiving the Buyer’s accurate impressions.
10.7 You will become the owner of the goods you have ordered when they
have been delivered to you. Once goods have been delivered to you they
will be held at your own risk and we will not be liable for their loss
or destruction.
11. Liability
11.1 If the Goods delivered are not as ordered or are damaged or defective
or the delivery is of an incorrect quantity, the Company shall have
no liability to the Buyer unless the Buyer notifies the Company in
writing at the Contact Address of the problem within 7 working days
of the delivery of the Goods in question.
11.2 If the Buyer does not receive the Goods within 14 days of the
date of the Contract, the Company shall have no liability to the Buyer
unless the Buyer notifies the Company in writing at the Contact Address
of the problem within 28 days of the Contract.
11.3 If the Buyer notifies a problem to the Company under this condition,
the Company’s only obligation will be, at the Buyer’s option:
11.3.1 to make good any shortage or non-delivery;
11.3.2 to replace or repair any Goods that are damaged or defective;
or
11.3.3 to refund to the Buyer the amount paid by the Buyer for the
goods in question in whatever way the Company chooses.
11.4 Save as precluded by law, the Company will not be liable to the
Buyer for any indirect or consequential loss, damage or expenses (including
loss of profits, business or goodwill) howsoever arising out of any
problem the Buyer notifies to the Company under this condition and
the Company shall have no liability to pay any money to the Buyer by
way of compensation other than to refund to the Buyer the amount paid
by the Buyer for the Goods in question under clause 10.3.3 above.
11.5 The Buyer must observe and comply with all applicable regulations
and legislation, including obtaining all necessary customs, import
or other permits to purchase goods from our site. The importation or
exportation of certain of the Company’s goods to you may be prohibited
by certain national laws. The Company makes no representation and accepts
no liability in respect of the export or import of the goods purchased
by the Buyer.
11.6 Notwithstanding the foregoing, nothing in these terms and conditions
is intended to limit any rights the Buyer might have as a consumer
under applicable local law or other statutory rights that may not be
excluded nor in any way to exclude or limit the Company’s liability
to the Buyer for any death or personal injury resulting from the Company’s
negligence.
12. Performance
of the Contract
12.1 Delivery shall be carried out by and at the risk of the Buyer
and in accordance with the timescales provided for in the Contract.
12.2 The Company shall not be liable to the Buyer or be deemed to be
in breach of the Contract by reason of delay in performing or failure
to perform any of the Company’s obligations under the Contract
if that delay or failure was due to any circumstance beyond the Company’s
reasonable control, including (but not limited to) Act of God, industrial
action or difficulties in obtaining raw materials or labour.
13. Risk
13.1 The risk of loss or damage to the goods shall pass to the Buyer
upon delivery to the Buyer, or if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Company has tendered delivery
of the Goods.
14. Retention of
Title and Lien
14.1 Until full payment has been made by the Buyer to the Company for
all Goods supplied and all Services rendered by the Company whether
under the Contract or any prior contract the ownership of the Goods
shall remain with the Company.
14.2 The Company shall have a general lien on all Goods in the Buyer’s
possession (although such Goods or some of them may have been paid
for) in respect of all unpaid debts due from the Buyer under the Contract
or any other contract and shall have the right after the expiration
of 28 days written notice to the Buyer to dispose of such Goods as
the Company thinks fit and apply the proceeds towards such debts.
15. Restriction
of Liability
15.1 Except in the case or fraudulent misrepresentation by the Company,
or in respect of death or personal injury caused by the Company’s
negligence, the Company accepts no liability for loss or injury of
any kind whether in respect of the Goods or Services except to the
extent as provided by statute.
15.2 In respect of the Goods: THESE TERMS AND CONDITIONS DO NOT AFFECT
YOUR STATUTORY RIGHTS AS A CONSUMER.
16. Termination
16.1 Without prejudice to any other remedy which it may have, the Company
shall have the right to terminate the contract if:
16.1.1 the Buyer breaches the contract and fails to remedy the breach
within the reasonable time provided by a written notice to remedy the
breach; or
16.1.2 the Buyer becomes insolvent, ceases to trade, compounds with
its creditors, has a Receiver appointed or is prevented by any force
majeure from performing the contract.
17. Prevailing Terms
and Conditions
17.1 These terms and conditions will be applicable to the Contract
and in the case of a conflict with the terms of business of the Buyer
these terms and conditions shall prevail.
18. No Assignment
18.1 Neither party may assign the performance of the Contract without
the prior written consent of the other party.
19. Jurisdiction
19.1 The English courts shall have exclusive jurisdiction to determine
any dispute arising under the Contract and these Conditions shall
be construed in accordance with English Law.
20. Severance and
Waiver
20.1 If any provision of these Conditions is deemed by any competent
authority to be invalid or unenforceable in whole or in part the validity
of the remainder of the provision in question and the rest of the Conditions
shall not be affected.
20.2 No waiver by the Company of any breach of the Contract by the
Buyer shall be considered as a waiver of any subsequent breach of the
same or any other provision.
21 Entire agreement
21.1 These terms and conditions, together with the current Website prices,
delivery details, contact details and privacy policy, set out the
whole of the agreement relating to the supply of the Goods to the
Buyer by the Company. Nothing said by any sales person on the Company’s
behalf should be understood as a variation of these terms and conditions
or as an authorised representation about the nature or quality of
any goods offered for sale by the Company. Save for fraud or fraudulent
misrepresentation, the Company shall have no liability for any such
representation being untrue or misleading.
White at Home Limited, Cherry
Tree House, Main Street, Ulleskelf, Tadcaster, North Yorkshire LS24
9DU
FREEPHONE 0800 432 0729 |
