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Terms of Service

General Terms and Conditions with Customer Information
(The following GTCs also contain legal information on your rights according to the regulations on contracts in 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. Transfer of risk
7. Payment modalities
8. Retention of title
9. Warranty and guarantee
10. Liability
11. Storage of the contract text
12. Money-Back-Guarantee & Guarantee
13. Data protection
14. platform for online dispute resolution, participation in the dispute resolution procedure
15. 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 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.uk.
1.3 A consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes which can
predominantly be attributed
neither to his commercial nor to his independent professional activity. Entrepreneur in the sense of § 14 para. 1 BGB is a natural or legal person or a partnership with legal capacity, which acts at the time of conclusion of the contract in the exercise of its commercial or independent professional activity.
1.4 Deviating terms and conditions of the customer shall not be recognized 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.
1.5 Additional or deviating agreements to these GTC, which are made between the Seller and the Customer for the execution of a contract, must be set down in writing. This also applies to the cancellation of this written form requirement.
1.6 Any rights to which the Seller is entitled in accordance with statutory provisions over and above these GTC shall remain unaffected.

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 websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Errors and omissions excepted.

3. Ordering process and conclusion of contract
3.1 The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart by clicking the button "add to cart". Subsequently, the customer can proceed to the conclusion of the order process within the shopping cart by clicking on the button "Proceed to checkout". 
3.2 By clicking the "Order now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is 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 represent 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 a delivery of the ordered goods is not possible, for example because the respective goods are not in stock, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded. The seller will immediately inform the customer about this and immediately refund any consideration already received.

4. Prices and Shipping Costs
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory sales tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
4.3 The customer bears the costs of the return.
4.4 Returns are to be sent to the following address:

Limitless eCom GmbHWarthestraße
2114513
Teltow, Germany

5. Delivery and availability of goods
5.1 If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2 The seller is entitled to partial deliveries, as far as this is reasonable for the customer.
5.3 The goods will be delivered to the delivery address specified by the customer. Unless otherwise agreed, the goods are usually shipped to the customer within 1 to 3 working days after conclusion of the contract and receipt of payment. This does not constitute a binding delivery period.
5.4 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 immediately, whereby the seller may deduct any damage suffered.
5.5 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller shall inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered and the hindrance lasts longer than 2 months, both parties are entitled to withdraw from the contract. Further rights remain unaffected.
5.6 Customers will be informed
about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Transfer of risk
6.1 If the customer orders the goods as a consumer, the risk of accidental loss and accidental deterioration shall pass to the customer upon handover of the sold item. It is equal to the handover if the customer is in default of acceptance.
6.2 Insofar as the customer orders the goods as an entrepreneur and insofar as nothing to the contrary has been expressly agreed, delivery shall be "ex works" (EXW in accordance with Incoterms® 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.

7. Payment modalities
7.1 Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. Payment shall be deemed to have been made when the Seller can dispose of the amount.
7.2 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process.
7.3 As a rule, the following payment methods are available to the Customer:
7.3.1 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.
7.3.2 Payment by Paypal: The customer pays the invoice amount via the online provider PayPal. The customer must be registered with PayPal or register, legitimize with his access data and confirm the payment instruction to the seller. The fees of PayPal are paid by the seller. As soon as the invoice amount has been credited to the seller's account, the goods will be shipped to the customer.
7.3.3 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 shipped to the customer.
7.3.5 Payment by Sofortüberweisung: When using the payment method Sofortüberweisung, 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 bank, the goods will be shipped to the customer.
7.4 The Customer shall only have a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

8. Retention of title
The seller reserves the proprietary rights of the delivered goods until the complete payment of the purchase price (including sales tax and shipping costs) for the respective goods.

9. Warranty and guarantee
9.1 The warranty is determined by the statutory provisions.
9.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given.
9.3 If the customer orders the goods as a consumer, the limitation period is two years, otherwise one year. The limitation period begins with the delivery of the goods. It also applies to claims in tort based on a defect in the goods.

10. Liability
10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. storage of the contract text
11.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives 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. If the customer has registered in the online shop of the seller, he can view the orders placed in his profile area. In addition, the seller stores the text of the contract, but does not make it accessible on the Internet.

12 Guarantee & Money-Back-Guarante
If you have carried out all applications correctly and are not satisfied with your results, we will refund your money.
The money back guarantee is available within 14 days of purchase. We guarantee that when you use the product, your teeth can whiten by at least 2 shades.

To qualify for our money back guarantee, you must follow these steps:
a) Before your first application, take a clear photo of your teeth with the shade/color chart & mark your shade.
b) Use the product exactly as described in the instructions.
c) Take a clear photo of your teeth with the shade / colour chart after your first (and every subsequent) application & mark your shade.
d) Apply the kit according to the instructions at least 6 times in 7 days.
e) Take a final clear photo of your teeth with the shade / color chart & mark your shade.
f) Send your photos for review to: support@diamondsmileteeth.uk

Color chart can be found at the following link: https://cdn.shopify.com/s/files/1/2709/7564/files/Farbtabelle.jpg?v=1605206316

After approval, your money can be refunded according to the money back guarantee.
You have a maximum of 14 days from the date of purchase to claim the money back guarantee. Any attempted claim that does not meet the above criteria (a-f*) will not be eligible for refund.
In the event of a Money Back Guarantee claim, the buyer will be responsible for insured return shipping and any shipping charges incurred by the seller.

* Please make sure your before and after photos are taken in similar lighting conditions to verify accurate results. Before and after photos must also include valid date and time stamps (which was clearly dated by the recording medium), as well as a clear photo of your teeth with the shade / color chart & mark your shade. Failure to do so will result in no money back guarantee. (Not valid post-processed photo, date and time).

Send accordingly after prior consultation with our e-mail support the goods to:
Limitless eCom GmbH

Warthestraße 21, 14513 Teltow


13. Data protection
13.1 The Seller uses the personal data provided by the Customer (such as name, address, e-mail address, telephone number, account number and bank code) in accordance with the provisions of data protection law.
13.2 All personal data shall be treated confidentially as a matter of principle. The personal data necessary for the business transaction will be stored by the Seller and used for the processing of orders, management 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 contract processing (such as shipping 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 will obtain it in advance. Advertising by telephone shall also only be carried out with the express consent of the Customer.
13.3 The customer can withdraw his consent 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.uk

to object to the use and processing of his data for our own advertising and marketing purposes and, if applicable, to object to any consent given for the use of your data.
13.4 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.

14. Online dispute resolution platform, participation in the dispute resolution procedure
14.1 Under applicable 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

14.2. The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and has therefore decided against voluntary participation.

15. Place of performance, place of jurisdiction, applicable law and contractual language
15.1 Place of performance is Potsdam / Brandenburg.
15.2 The exclusive place of jurisdiction for all claims against entrepreneurs arising from the business relationship is the registered office of the Seller. The Seller shall also be entitled to bring an action at the registered office of the ordering entrepreneur as well as at any other admissible place of jurisdiction.
15.3 The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer orders the goods as a consumer and at the time of the order has his habitual residence in a country other than Germany, the application of mandatory legal provisions of that country remains unaffected by the choice of law.

16. Influencer Marketing and Cooperations
All persons (hereinafter: Influencers) who enter into a cooperation or a telephonic, digital and/or written contract and/or agreement with DiamondSmile are independently obligated to declare their income to the tax office. They independently assume all tax obligations and will not be managed by DiamondSmile as employees or similar. The Influencers, if they promote DiamondSmile, have to adhere to the valid jurisdiction and labeling of advertising. The Influencers will receive a discount code from DiamondSmile in order to purchase the DiamondSmile product at a reasonable price. By redeeming this discount code, the Influencers agree to take at least two pictures (of themselves and the product) and to send them to DiamondSmile and make them available. If an Influencer fails to do so, they will be charged the full cost of the product (excluding the discount promotion). The Influencer must independently transfer the outstanding balance to DiamondSmile's business account. All pictures sent by the Influencer to DiamondSmile become co-owned by DiamondSmile, provided that products of the company are shown. Furthermore, by sending material (pictures and videos) DiamondSmile receives the permanent right of use over the material and may use it for advertising without being asked. DiamondSmile awards its Influencers with a voucher code, whereby they receive a commission if a sale is concluded through this code. Thus, the Influencer is paid for advertising. That this advertising is paid must be stated in the: Contributions, post, stories and similar of the Influencer be made recognizable. If the Influencer fails to identify advertising, the Influencer is liable and not the company. The Influencer is prohibited from any kind of surreptitious advertising in connection with the company DiamondSmile. Influencers who enter into the cooperation with DiamondSmile are not bound to any fixed contractual quantitative key figures. To what extent you advertise and try to generate a sale through your coupon code is up to you. The fixed commission of the Influencer will be transferred to an account of your choice at the end of each month. During the cooperation with DiamondSmile (DiamondSmileTeeth), an Influencer is not allowed to cooperate with another supplier of tooth whitening products without prior agreement with DiamondSmileTeeth. If the Influencer independently and without agreement enters into a further cooperation in this direction, the cooperation with DiamondSmileTeeth expires immediately and the Influencer has to pay all discounted products retroactively at full price.

By participating in our Influencer Program, the participating person commits to a cooperation with DiamondSmileTeeth (Limitless eCom GmbH). The agreed upon conditions of the cooperation are obligatory and must be fulfilled. The conditions of the cooperation must begin no later than three (3) weeks after the order. Should the cooperation not be carried out according to the conditions or not be carried out at all, DiamondSmileTeeth (Limitless eCom GmbH) reserves the right to invoice the participating person for the full amount of the products.

Severability clause:
"Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract remains unaffected."

"The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete."
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

Author and responsible for the content (according to § 5 TMG / § 55 II RStV) as well as presentation of this website/domain is exclusively the company Limitless eCom GmbH:

Information according to § 5 TMG 

Limitless eCom GmbH, Warthestraße 21, 14513, Teltow

Register court: Potsdam

Register sheet: HRB 35582

Tax number: 27/200/41798

Sales tax identification number: DE341434749

Represented by:
Dennis Thoms


Contact:
Phone: +(49) 179 5174971

WhatsApp: +(49) 179 5174971

E-mail:support@diamondsmileteeth.uk

Telefax: dennis.thoms5@epost.de
Responsible for the content:
Dennis Thoms
Address as above.

Content of the websiteThe
author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to damages of material or idealistic kind, which were caused by the use or disuse of the presented information and/or by the use of incorrect and incomplete information, are in principle impossible, if on the part of the author no as can be prove deliberate or roughly negligent being to blame for is present. The author expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of
parts of the pages or the entire website without prior notice.

Picture creditsThe
pictures used on this website/domain are from:
-purchased Shutterstock.com-
were photographed by (Limitless eCom GmbH) themselves-
provided by the contractor or- provided by
the client.

Information on online dispute resolution:
The European Commission provides a platform for online dispute resolution (OS)
:https://ec.europa.eu/consumers/odrUnsere email address can be found above in the imprint.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(1) Under current law, Limitless eCom GmbH 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.

(2) Limitless eCom GmbH is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and has therefore decided against voluntary participation.

WarningIn
case of domain disputes or competition law or other problems, we ask you to contact us in advance to avoid unnecessary litigation and costs. The cost of a legal warning without prior contact will be rejected as unfounded in the sense of the duty to mitigate damages.
E-mail: support@diamondsmileteeth.uk

Telefon: +(49) 179 5174971

WhatsApp: +(49) 179 5174971

Disclaimer
Liability for contentsAs a
service provider, we are responsible for our own contents on these pages in accordance with § 7 Para.1 TMG (German Telemedia Act) under the general laws. According to §§ 8 to 10 TMG we are not obligated to monitor transmitted or stored information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this respect is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

Liability for linksOur
offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.

CopyrightThe
contents and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.

The imprint also applies to the following pages :

https://twitter.com/LenaWag22855925
https://www.instagram.com/diamondsmileteeth/
https://www.tumblr.com/blog/lenawagnerblog
https://www.pinterest.de/diamondsmileteeth/
https://www.facebook.com/forabriliantsmile/