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Terms of Service

General Terms and Conditions (GTC)

(The following General Terms and Conditions of Business also contain legal information on your rights under the regulations on contracts for distance selling and electronic commerce).

1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery and availability of goods
6. payment modalities
7. retention of title
8. warranty of quality and guarantee
9. liability
10. storage of the contract text
11. money-back guarantee & warranty declaration
12. data protection
13. platform for online dispute resolution, participation in the dispute resolution procedure
14. place of performance, place of jurisdiction, applicable law and contract language

1. scope of application
1.1 The following General Terms and Conditions (GTC) apply to purchase contracts between Limitless eCom GmbH, Warthestraße 21 in 14513 Teltow (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") via the Diamond Smile Shop (http://diamondsmileteeth.uk), regardless of whether the Customer orders the goods as a consumer or as an entrepreneur.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 10:00 a.m. to 5:00 p.m. by e-mail at support@diamondsmileteeth.com.
1.3 A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of Section 14 (1) of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity. These General Terms and Conditions shall also apply if the Seller carries out a delivery to the Customer without reservation in the knowledge of the Customer's conflicting or deviating terms and conditions. 2.

2. Offers and descriptions of services
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the Seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise noted with the products.

3. Ordering process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the "Add to cart" button. The customer can then proceed to the conclusion of the order process within the shopping basket by clicking on the "Proceed to checkout" button. 
3.2 By clicking the "Order now" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. Necessary details are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller confirms the dispatch of the goods to the customer by means of a separate e-mail or by dispatching the goods.
3.4 If delivery of the ordered goods is not possible, for example because the goods in question are not in stock, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. The seller shall inform the customer of this immediately and reimburse any consideration already received without delay.
3.5 The contract shall be concluded in English.

4. Prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process. Possible customs duties or local taxes must be borne by the customer.
4.3 The goods are shipped by post. The shipping risk is borne by the seller if the customer is a consumer. If the customer orders the goods as an entrepreneur and unless expressly agreed otherwise, delivery shall be "ex works" (EXW according to Incoterms¬ģ 2010), i.e. the risk of accidental loss or accidental deterioration of the goods shall pass to the customer as soon as the goods have been handed over to the person carrying out the transport.
4.4 In the event of a revocation, the customer shall bear the direct costs of the return shipment.
4.5 Returns must be sent to the following address:

Limitless eCom GmbH
Warthestrasse 21
14513 Teltow

5. Delivery and availability of goods
5.1 The delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is indicated for the respective goods in our online shop, .
5.2 If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. A contract shall not be concluded in this case.
5.3 If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this without delay in the order confirmation. The Seller may propose to the customer the delivery of a comparable product.
5.4 The following delivery restrictions apply: The Seller only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: England. The customer will be informed of any other delivery restrictions before the order is completed as part of the ordering process.
5.5 If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.6 The seller is entitled to make partial deliveries, insofar as this is reasonable for the customer, whereby the additional shipping costs incurred shall be borne by the seller.
5.7 The goods will be delivered to the delivery address specified by the customer.

5.8 If the delivery of the goods to the delivery address specified by the customer fails despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay, whereby the seller may deduct any damages suffered.

6. Payment modalities
6.1 Unless otherwise agreed, payment of the purchase price shall be due immediately upon conclusion of the contract.
6.2 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process.
6.2.1.Payment in advance: In the case of payment in advance, the customer transfers the invoice amount to the Seller's account stated in the order confirmation. As soon as the invoice amount has been credited to the Seller's account, the goods will be dispatched to the Customer.
6.2.2 Payment by Paypal: The customer pays the invoice amount via the online provider PayPal. The customer must be registered with PayPal or register, legitimise himself with his access data and confirm the payment instruction to the seller. The seller pays the PayPal fees. As soon as the invoice amount has been credited to the seller's account, the goods will be dispatched to the customer.
6.2.3 Payment by credit card: When paying by credit card (VISA, Mastercard), the customer transmits his credit card data to the seller. After receipt of the credit card data, the goods will be dispatched to the customer.
6.2.4 Payment by Sofort√ľberweisung: When using the payment method Sofort√ľberweisung, the customer transfers the invoice amount to the seller immediately after the order process. As soon as the seller has received a payment confirmation from the customer's account-holding bank, the goods will be dispatched to the customer.
6.3 The customer can change the payment method stored in his user account at any time.
6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Seller interest on arrears for the year at a rate of 5 percentage points above the base rate. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the vendor.
6.4 The customer may only offset such claims that are undisputed or have been legally established. This restriction of the right of set-off does not apply if the monetary claim set off arises from a claim for which the customer could or could have withheld payment.

7. Retention of title
The Seller retains title to the goods delivered until full payment of the purchase price (including VAT and shipping costs) for the goods in question.

8. Warranty for material defects and guarantee
8.1 The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period begins with the delivery of the goods. For entrepreneurs, the warranty period for goods delivered by the seller is 12 months.
8.2 An additional warranty shall only exist for the goods delivered by the Seller if this was expressly stated in the order confirmation for the respective item.

9. Liability
9.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
9.2 In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, body or health.
9.3 The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
9.4 The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

10. Storage of the text of the contract
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order process.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms.

11. Money-back guarantee
11.1 With the correct use of the Premium Teeth Whitening Kit, your teeth can whiten by at least 2 shades. If you have carried out all applications correctly and are not satisfied with your results, we will refund your money on request if the following conditions :
a) Before your first application, take a clear photo of your teeth using the shade / colour chart and mark your shade.
b) Use the product exactly as described in the instructions.
c) After the first and each subsequent application, take a clear photo of your teeth with the shade / colour chart and mark your shade.
d) Apply the set according to the instructions at least 6 times in 7 days.
e) Take a final clear photo of your teeth with the shade / colour chart and mark your shade.
f) Send your photos to: support@diamondsmileteeth.com for verification.
11.2 You can find the shade chart at the following link: https://cdn.shopify.com/s/files/1/2709/7564/files/Farbtabelle.jpg?v=1605206316
11.3 Make sure your before and after photos are taken in similar lighting conditions to check accurate results. Before and after photos must also include valid date and time stamps (which is clearly dated by the recording medium), as well as a clear photo of your teeth with the shade / colour chart and your marked shades. Otherwise, a refund claim under the money-back guarantee is excluded. Reworked photos, dates and times will not be accepted.
11.4 The Money Back Guarantee can only be claimed within 14 days of purchase.
11.5. after approval by the seller, send the goods after prior consultation with our e-mail support to:

Limitless eCom GmbH
Warthestrasse 21
14513 Teltow

We will refund the purchase price after receipt of the goods in accordance with the money-back guarantee.
11.6 In the event of the money-back guarantee coming into effect, the buyer shall bear the costs of the return shipment. The costs of the return shipment to the customer will not be reimbursed to the customer if the money-back guarantee is used.

12. Data protection
12.1 The Seller shall use the personal data provided by the Customer (such as name, address, e-mail address, telephone number, account number and sort code) in accordance with the provisions of data protection law.
12.2 All personal data shall be treated confidentially as a matter of principle. The personal data necessary for the transaction will be stored by the Seller and used for the processing of orders, administration of the customer relationship, delivery of goods, processing of payments and prevention of bad debts and, if necessary, passed on to service partners used by the Seller for the processing of the contract (such as forwarding companies or credit institutions). Furthermore, data may be used for own advertising and marketing purposes, e.g. for sending written advertising information. The seller may use the customer's e-mail address to send promotional offers if the customer has not objected to this. If the customer's consent is required for this, the seller shall obtain this consent in advance. Advertising by telephone will also only be carried out with the customer's express consent.
12.3 The customer can withdraw from the contract at any time by notifying:
Limitless eCom GmbH
Warthestrasse 21
14513 Teltow
Telephone:+(49) 179 5174971
WhatsApp:+(49) 179 5174971
Fax: dennis.thoms.5@epost.de
E-mail: support@diamondsmileteeth.com
You may object to the use and processing of your data for our own advertising and marketing purposes and, if applicable, object to any consent given for the use of your data.
12.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy at https://www.diamondsmileteeth.uk/pages/privacy-notice

13. online dispute resolution platform, participation in the dispute resolution procedure
13.1 Under current law, the seller is obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution Platform can be found here: http://ec.europa.eu/odr
13.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and has therefore decided against voluntary participation.

14. Place of performance, place of jurisdiction, applicable law and contractual language
14.1 Contracts between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer, as a consumer, has his habitual residence, shall remain unaffected.
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the registered office of the seller.