THERAPIE SMILE ONLINE TERMS AND CONDITIONS (THE “TERMS”)

Welcome to Therapie Smile, a clear removable cosmetic dental brace and alignment treatment (“Therapie Smile”) provided by Valterous Limited, which is a company incorporated in the Republic of Ireland (Registered number 477480) with its registered office at 60a South William St, Dublin 2, Ireland. (“Therapie”, “we” “our” or “us”).

1. These terms
2. Information about how to contact us
3. Therapie Smile
4. Our Products and Services
5. Product Warranty.
6. Other conditions
7. Our contract with you
8. Providing the products
9. Your rights to end the contract
10. Returns and Refunds
11. Our rights to end the contract
12. Price and payment
13. Limitation of Liability
14. Personal information
15. Informed Consent and Agreement
16. Other important terms

1. These terms

   1. What these terms cover. As with any shopping experience, there are terms and conditions that apply to online transactions via the Therapie website. If you purchase our Therapie Smile, including our clear removable dental aligner (“Clear Braces”), treatment plan and related treatment services via the Therapie website, these Terms apply to the sales contract between you and Therapie. The Privacy Policy and our Website Terms of Use also apply to these Terms. You need to be at least 18 years old to place orders on the Therapie website.
   2. These Terms are the terms and conditions on which we supply Therapie Smile to you, whether these are goods, services or digital content. We reserve the right, at our discretion to amend these Terms at any time. We invite you to check back periodically to see if any changes have been made.
   3. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Information about how to contact us

   1. How to contact us. You can contact us by telephoning our customer service team at 1890 650 750 / 0800 012 1565 or by writing to us at smile@therapieclinic.com.
   2. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   3. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Therapie Smile

   1. Our Therapie Smile package means (i) the health-screening questionnaire (“Health Screening Questionnaire“) (ii) the optional pre-screening consultation (“Pre-Screening Consultation“) to determine whether you are a suitable candidate for Clear Braces; (iii) the provision of any impression kits to allow you to take impressions of your teeth (“Impression Kit“) in the comfort of your own home (with or without a Pre-Screening Consultation), (iv) the creation of a personalised 3-Dimensional scan to create the Clear Braces for you (“Scans“) whether in clinic at one of our chose locations or based on the impressions you returned to our casting lab partner; (v) Once you have returned the Impression Kit or received a Scan, the creation of a personalised predictive 3-Dimensional treatment plan (“Treatment Plan“) based on the pre-screening information you have provided; (vi) the manufacture of your personalised Clear Braces; (vii) the treatment, guidance and support regarding your use of the Clear Braces in accordance with the Treatment Plan only if requested and required (“Therapie Smile Services“) from your Therapie Smile Consultant; and (viii) provision of a dental retainer (the “Retainer“) once the Therapie Smile Services are complete. We may provide supplementary services such as an impression checking service called “First Impression Check” or other post treatment services, such a refinement packages, additional retainers and supplementary teeth whitening products to maintain your new smile. Additional fees may apply for supplementary services. For the purpose of these Terms, the Impression Kit, Clear Braces, Retainer and all component parts are referred to as “Products“).

4. Our Products and Services

   1. Clear Braces and aligners are not the right choice for everyone. There are different types of orthodontic treatments available. The best way to know if you could benefit from Clear Braces or from alternative treatment to straighten your teeth, is to consult in a face to face consultation with your own orthodontist or dentist, who can inform you which treatment would best suit your own needs. Before you proceed with Therapie Smile, we strongly recommend, and you are responsible for, visiting a dentist or orthodontist for a comprehensive dental examination to identify and assess any specific problems you have and understand your treatment options to correct any dental alignment issues personal to you. You are responsible for seeking your own professional orthodontic and dental advice.
   2. You will have three separate options to purchase Clear Braces: Option 1; Option 2; Option 3 (collectively, the “Options“). These Terms apply to the Options.
   3. Option 1 – Online Pre-Screening Consultation and Impression Kit
      1. Completing and submitting the Health Screen Questionnaire means you agree to participate in the Pre-Screening Consultation virtually, online or via our app or over the telephone. Your Health Screening Questionnaire will form the basis of your Pre-Screening Consultation with our Therapie Smile Consultant. You will not receive a comprehensive orthodontic or dental examination. Your Therapie Smile Consultant will:
         1. assess whether you are eligible for treatment or likely to be successful, prior to any treatment being carried out. If not, your Therapie Smile Consultant will inform you as to the reasons why; and
         2. discuss the benefits, limitations and risks associated with treatment. If you have any questions you should raise them with your Therapie Smile Consultant so you can make an informed decision about whether Clear Braces are right for you.
      2. Following the Pre-Screening Consultation, you have the option to purchase an Impression Kit to take a mould of your teeth at home. If you wish to proceed, we will arrange for the Impression Kit to be sent to you. You must comply with any instructions which accompany the Impression Kits. Once you have made your impressions using the Impression Kit (your “Impressions“), you must return them in the pre-paid envelope.
      3. Your personalised Treatment Plan, including an estimation of how long you will need to wear the Clear Braces for, details of the treatment required and projected results, will then be prepared based on your Impressions, together with the information you provided in the Health Screening Questionnaire and Pre-Screening Consultation. We will get in touch when it is ready. Once you have had the chance to review the Treatment Plan, you can decide whether to purchase your Clear Braces.
   4. Option 2 – Impression Kit only
      1. You may decide to purchase an Impression Kit without attending a Pre-Screening Consultation. We will send you an Impression Kit to take a mould of your teeth at home and you will be asked to complete the Health Screening Questionnaire. Completing and submitting the Health Screen Questionnaire means you agree to purchase the Impression Kit without the Pre-Screening Consultation.
      2. You must comply with any instructions which accompany the Impression Kits. If you need any assistance, we can provide with our First Impression Check service. Once suitable Impressions are created, you must then return your Impressions in the pre-paid self-addressed envelope provided.
      3. If you decide to purchase an Impression Kit without attending any Pre-Screening Consultation, we recommend you visit your own dental professional for a dental examination to identify, assess and understand whether Clear Braces will work best for your own needs. You are also responsible for reading any information provided regarding the treatment and raising any questions or concerns with us promptly and before you open and use the Impression Kit.
      4. Your Impressions, together with the information you provided in the Health Screening Questionnaire will be used to create your personalised Treatment Plan, including an estimation of how long you will need to wear the Clear Braces for, details of the treatment required and projected results. Once you have had the chance to review the Treatment Plan, you can decide whether to purchase your Clear Braces
   5. Option 3 – Scan Appointment
      1. After completing the Health Screen Questionnaire, if you elect to attend an in-clinic Scan appointment at chose Therapie Smile clinics, you will not receive a comprehensive orthodontic or dental examination. Instead, a Therapie Smile Consultant will:
         1. discuss your Health Screening Questionnaire,
         2. assess whether you are eligible for treatment or likely to be successful, prior to any treatment being carried out. If not, your Therapie Smile Consultant will inform you as to the reasons why; and
         3. discuss the benefits, limitations and risks associated with treatment. If you have any questions you should raise them with your Therapie Smile Consultant so you can make an informed decision if Clear Braces is the right choice for you.
      2. The Therapie Smile Consultant or Therapie employee will then create a Scan of your teeth on site.
      3. In the event a Therapie employee conducts any aspect of your Scan appointment, you can always ask the Therapie Smile employee to arrange for a Therapie Smile Consultant to get in touch with you to discuss any particular queries or concerns you may have. You must let us know at the Scan appointment and we can arrange a follow up consultation, if required.
      4. Thereafter your Scans, together with the information you provided in your Health Screening Questionnaire and appointment, will be used to create your personalised Treatment Plan, including an estimation of how long you will need to wear the Clear Braces for, details of the treatment required and projected results. Once you have had the chance to review the Treatment Plan, you can decide whether to purchase your Clear Braces.
      5. Currently, Scans are only available at chose locations. Please contact us at smile@therapieclinic.com to find out if we are in a location near you.
   6. Health Screening Questionnaire. You will be asked to complete a Health Screening Questionnaire prior to purchasing any Clear Braces. The Health Screening Questionnaire allows your Therapie Smile Consultant to assess your eligibility for Therapie Smile treatment, suitability for Clear Braces and the basis of your personalised prescription for the Clear Braces. You will not receive any comprehensive orthodontic or dental examination.
   7. Submitting your Health Screening Questionnaire means that you have read and agreed to our Privacy Policy and understand that your personal information may be shared with third party providers, including your Therapie Smile Consultant, other consulting medical professionals, casting laboratories, and aligner manufacturers.
   8. Therapie Smile Consultants
      1. The Therapie Smile Consultant is an independent consultant medical professional who is suitably trained and qualified and has attained the necessary competence to assess your case and suitability, and provide you with advice and guidance.
      2. You will not receive comprehensive orthodontic or dental examinations or treatment. The Therapie Smile Consultant will assess whether treatment is suitable for you, or likely to be successful, based on the information you provide. If not suitable, your Therapie Smile Consultant will inform you as to the reasons why. Your Therapie Smile Consultant will also discuss the benefits, limitations and risks associated with treatment, together with any questions you may have, so you can make an informed decision about whether Clear Braces are right for you.
      3. In the event a suitably qualified Therapie Smile employee assists in any aspect of your treatment (for example at a Scan appointment), the Therapie Smile Consultant will remain responsible for prescribing and signing off your Treatment Plan.
      4. If during the course of your treatment, you have any problems with your Clear Braces or side effects, you must inform us so we can put you in touch with the Therapie Smile Consultant who prescribed your treatment to discuss any adjustment to your treatment plan and / or additional treatment required. If you have any questions you are responsible for asking us.
   9. Consultations and Appointments
      1. Consultations and appointments will take place at the available date and time chose to you. This an opportunity to discuss the Therapie Smile Products, questions you may have regarding the treatment and / or any concerns you have with the Therapie Smile Consultant.
      2. In order to secure your Pre-Screening Consultation, or Scan appointment, you are required to pay a fully refundable deposit. Your Credit card or Debit card may be pre-authorised, and amount of the deposit blocked. Failure to cancel or rearrange at least 48 hours before your appointment will result in the deposit being redeemed.
   10. Impressions. We instruct the manufacturer of your Clear Braces according to the measurements you have given us, so you are responsible for using the Impression Kits correctly.
       1. Before returning the Impressions, if you need any assistance with creating your Impressions, we can provide you with First Impression Check services to assist you with creating suitable Impressions. If this is of interest to you, please get in touch at smile@therapieclinic.com and we will discuss how we can help and any costs for this service.
       2. Once you have created your Impressions, you must return them to us in the enclosed prepaid self-addressed envelope provided.
       3. Your Impressions are sent to our lab partners to create a Scan. Our lab partners will check the Impressions before the Scan is created. If our lab partners consider the Impressions are not of the required quality, you may be asked to take the Impressions again. If you need to remake your Impressions to produce the standard required, an additional Impression Kit will need to be purchased, for an additional fee.
       4. If you are asked to remake your Impressions, we can provide our First Impression Check services to assist you with creating suitable Impressions with the Impression Kit before returning the Impressions to our lab partners. If this is of interest to you, please get in touch and we will discuss any additional costs for this service.
       5. Once suitable Impressions are received from you, our lab partners will use this to create the Scans necessary to manufacture Clear Braces. This may require us to send your Impressions and personal information to chose third-party casting laboratory to produce Scans.
   11. Treatment Plan We will use the Impressions and Scans together with the information you provided in the Health Screening Questionnaire, and Pre-Screening Consultation (if attended) to create your personalised Treatment Plan.
       1. The Treatment Plan is a predictive model showing the possible final positioning of your teeth, based on your Pre-Screening Consultation, your Impressions, and the Scans. The Treatment Plan will provide instructions on how to wear a series of customised Clear Braces to gradually move your teeth into better position and get the most effective results. Everybody is unique and as with most medical treatment the results may vary from person to person and cannot be guaranteed.
       2. As your treatment progresses, you will need to replace your braces every two weeks or so. These timescales will be tailored to you in the Treatment Plan. Your teeth may move more slower or quicker than anticipated.
       3. We will send you a copy of your Treatment Plan when it is ready and will make the digital content immediately. By submitting your Order, you agree you will have immediate access to the digital content.
       4. A member of our Therapie Smile team will be in touch to talk you through the Treatment Plan and payment options available. Exact prices of your Clear Braces treatment will be confirmed during the order process. Once you have had the chance to review the Treatment Plan, please contact us no later than 30 days after you receive it, to let us know if you would like to purchase your Clear Braces.
       5. You can contact us to discuss any queries in relation to the treatment prescribed in the Treatment Plan, within in 30 days of receiving it. You are responsible for contacting us regards any queries or concerns you have regarding the treatment. You can book your consultation with a Therapie Smile Consultant online or over the telephone.
       6. The Treatment Plan is only valid for 30 days from the date you received the Treatment Plan, as further movement of your teeth may occur which impact the fit of Clear Braces and the results achieved. This could result in additional Products being required at further cost to you.
   12. Clear Braces
       1. If you purchase the Clear Braces and Therapie Smile Services, Therapie will instruct a third party manufacturer to manufacture the Clear Braces, customised to you personally, from your Impressions and Scans, (subject to our lab partners confirming the Impressions and Scans are suitable to produce Clear Braces to our standards), and your Therapie Smile Consultant’s prescription.
       2. Once the Clear Braces are shipped and delivered to you, we recommend that you commence your treatment as soon as possible. You must begin to use your Clear Braces within 14 days of the date you received them. It is your responsibility to use the Clear Braces. If you do not commence use of the Clear Braces within this 14 day period, there is a possibility that the Clear Braces will not fit correctly due to further movement of your teeth and may impact the results you achieve. After this 14-day period has expired, we will not accept any responsibly for any issues with the fit of the Clear Braces. If additional Clear Braces are necessary as a result of your failure to use the original set within this 14-day period, we will charge you for the additional costs to manufacture any altered, amended or replacement Clear Braces.
   13. Therapie Smile Services. Your Therapie Smile Consultant is an independent consultant medical professional responsible for delivering and managing your care. You will not receive comprehensive orthodontic or dental treatment. The Therapie Smile Consultant will provide your treatment based on the information you provide to them and address any questions you raise about the treatment to help you make an informed decision about whether Clear Braces and your treatment is right for you.
   14. It is very important that you strictly adhere to the steps and guidance in the Treatment Plan (including the recommended timings and schedule for wearing your Clear Braces and attendance at follow up appointments if required) in order to achieve optimum results. Clear Braces must be worn for a minimum of 22 hours per day or in accordance with the timescales and directions given in the Treatment Plan. Clear Braces should only be removed to eat, drink, or brush your teeth.
       1. Your Therapie Smile Consultant will provide you with information and guidance, as outlined in the Treatment Plan, as to when it is time to proceed to your next set of Clear Braces.
       2. Your Treatment Plan explains how you should use your Clear Braces. Your Therapie Smile Consultant will not contact you unless you get in touch to inform us of any concerns you have. It is your responsibility to contact your Therapie Smile Consultant regarding your expectations, difficulties, results, or any other aspects of your treatment through smile@therapieclinic.com.
       3. Provided you have contacted us to let us know any concerns or difficulties, your Therapie Smile Consultant will discuss any changes to the treatment schedule, or if any additional treatment is required. After you have let us know there is a problem, you must attend any consultations with a Therapie Smile Consultant, if required. Please note additional costs may apply to attend follow up appointments, but we will discuss any further cost implications with you if this situation arises.
   15. Adjustments. If, during your treatment, you have any problems with your Clear Braces, discomfort or you feel that you are not achieving your anticipated results, please contact your Therapie Smile Consultant to discuss your concerns as soon as possible so your progress can be re-evaluated through smile@therapieclinic.com. If you contact us, we will put in touch with the Therapie Smile Consultant will discuss further treatment options with you. We may be able to offer you additional treatment to further enhance your results. If you fail to promptly notify us, further treatment may become necessary and could mean increased costs for any additional treatment. The total cost will depend on how long or complex any additional treatment is. We will discuss any additional costs with you, which will be separate from and addition to the price paid for your original treatment.
   16. Results will vary. Therapie Smile is a treatment designed to straighten the “social 6” or your front six teeth. Every person is different. A number of factors can affect your response to treatment. Clear Brace treatment is unpredictable. The Treatment Plan only provides predictive positioning, which is an estimated result based on your Pre-Screening Consultation, Impressions and Scans. Actual results achieved may differ from the predicted results detailed in the Treatment Plan. We do not guarantee a successful treatment outcome and further treatment may be required. Individual results will vary.
   17. Post treatment and after care.
       1. Completing your treatment. Before you complete the last step in our Treatment you must contact Therapie Smile Consultant if you have any concerns regarding your progress and anticipated results through smile@therapieclinic.com. Otherwise, if you move onto the last step, reaching the end the treatment and timescales outlined in your Treatment Plan, your Therapie Smile account with us is automatically closed.
       2. Aftercare. In order to maintain your results, you must continue to wear a Retainer indefinitely once your Treatment Plan and any related Therapie Smile Services have finished. By wearing our Retainer, you acknowledge you have successfully completed the Clear Brace in accordance with the Treatment Plan.
       3. If you contact us more than 30 days after you finish your treatment , you may need to purchase a new Therapie Smile treatment package depending on the nature of any deterioration in your dental alignment and / or pay an administration fee cover our costs to reactivate your account. Unfortunately, after 4 months your file cannot be reactivated and, to benefit from any additional treatments, you will need to purchase a new treatment
       4. Additional retainers, Teeth-Whitening kits, other services can be purchased at any time at the prevailing price at the time.
   18. Prices may vary. Please refer to the price list on our website or contact us on 1890 650 750 / 0800 12 1565 or smile@therapieclinic.com where a member of our team can confirm any prices that apply to the Products

5. Product Warranty

   1. Therapie warrants that Clear Braces and the Impression Kits:
      1. are free from defects in material and workmanship; and
      2. will, on delivery, conform with its description and be of merchantable quality.
   2. If we are making the Product to measurements, you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to take Impressions by using our First Impression Check service or contacting us.
   3. Neither Therapie, nor any employees, agents, representatives, suppliers, contractors, sub-contractors, consultants, successors or assigns, has, can, or will make any guarantees as to the success of your Therapie Smile treatment or give any assurances of any kind concerning any particular result of your treatment.

6. To the fullest extent permitted by law, all other conditions, and warranties, whether express or implied are excluded.

7. Our contract with you

   1. If you sign up to receive the free online Pre Screening Consultation, or purchase an Impression Kit, Scan or the Clear Braces (the “Order”), by clicking the purchase or book now button, or if you call to arrange and book an appointment, you acknowledge your agreement to these Terms, and you are agreeing to be bound by its terms, with full knowledge of its significance, restrictions, limitations and effect, for the subsequent provision of the Treatment Plan, purchase of Clear Braces and supply of the Therapie Smile Services. You can review your purchase before clicking on the book now or purchase. By proceeding with your Order, you warrant and represent that you have read and fully understand these Terms.
   2. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
      1. Please note: for all our consultations or Scan appointments including those that are free of charge, we take a fully refundable deposit. Should you need to cancel or reschedule we kindly ask that you call us 48 hours before your appointment. Failure to give the full notice will result in the deposit being taken by us. For details regarding the deposit required, please contact us at smile@therapieclinic.com.
      2. Once your payment has been received, or in case of the Impression Kit, the payment information has been received and processed to verify validity of your payment information, we will send confirmation of your order
      3. After we send the Treatment Plan to you, you have 30 days to arrange a consultation with Therapie Smile to discuss the Treatment Plan in more detail. If you do not want a consultation, you can purchase your Clear Braces by emailing us on smile@therapieclinic.com to confirm.
      4. The contract for your Clear Braces and Therapie Smile Services is concluded when you receive our confirmation email that your order is accepted, or when we instruct the production of your Clear Braces, if this happens first, not when you submit your payment information. Once we accept your order, it is non-refundable.
      5. Manufacturing of your Clear Braces will not commence until we have either received payment in full or approval of any finance plan (with fulfilled monies received).
   3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product.
   4. We only sell to the UK and ROI. Our website is solely for the promotion of our Products in the UK and Republic of Ireland (ROI). Unfortunately, we do not accept orders from addresses outside the UK and ROI.

8. Providing the products

   1. Delivery costs. The cost of delivery will be confirmed during the order process and / or as displayed on our website at the time of purchase.
   2. When we will provide the products. During the order process we will let you know when we will provide the Products or related services to you. We will include details of delivery times, tracking codes (if any) and let you know when we aim to ship your Product once you have placed your order.
      1. Whilst we will endeavour to get your order to you as quickly as possible it could take up to 14 working days for the Impression Kits to be shipped.
      2. We will provide the Treatment Plan within 21 working days of us receiving suitable Impressions from you and make it available for download when we provide it to you.
      3. Once you have purchased the Clear Braces, we will supply Therapie Smile Services and related services (including any digital content) to you until either the services are completed in accordance with the Treatment Plan, or if the contract is ended by you or us.
      4. As the Clear Braces are being specifically made for you, it normally takes 21 working days for the Clear Braces to be shipped and delivered to you. Please only call our support line on 1890 650 750 / 0800 12 1565 if you have not received your product within those timescales and you are concerned.
      5. If you choose a Finance Plan, your Clear Braces, delivery date may be later due to the time required to process your financing application. When your application is approved, you should receive an email with the updated delivery date(s). If you are concerned about your Order, please call our support line on 1890 650 750 / 0800 12 1565.
   3. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products or related services you have paid for but not received.
   4. If you are not at home when the product is delivered. If there are any issues with delivery, please contact us to resolve the matter. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
   5. When you become responsible for the goods. Any Products will be your responsibility from the time we deliver that Product to the address you gave us.
   6. When you own goods. You own a Product once we have received payment in full and it is dispatched to you.
   7. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your personal information, your dental history the Health Screening Questionnaire information and payment method. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

9. Your rights to end the contract

   1. Ending your contract with us. You have the right to cancel your order, return a Product or cancel a service contract for any reason, within your statutory rights. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. Please contact on 1890 650 750 / 0800 12 1565 or email us at smile@therapieclinic.com if you wish to end your contract.
   2. If you have changed your mind about the product. Whichever Option you select, you can decide whether or not you want to purchase the Clear Braces up to 30 days after you receive your Treatment Plan. Otherwise, subject to clause 9.2 and 9.3 below, you do not have a right to change your mind in respect of services once these have been completed; (for example any consultation or appointment you have attended, or content you have downloaded), products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (for example the Impression Kit or Clear Braces); or products customised and created to match your specific needs, which cannot be resold once produced. Accordingly, where the Therapie Smile Products, Treatment Plan and Therapie Smile Services are made to your specifications and have been clearly personalised, they cannot be returned and are exempt from any cancellation period available under consumer protection laws.
   3. Faulty or misdescribed products. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back). If you have received a Product that is faulty and wish to receive a new item, please immediately call our team on 1890 650 750 / 0800 12 1565 and this will be processed for you.
   4. Ending your contract even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. We will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
   5. Returning items when you end your contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you are obliged to retain possession of the goods and take reasonable care of them and you must return them to us. You must post them back to us in accordance with our returns policy set out in clause 10.5. and you will have to pay the costs of return of any Products.

10. Returns and Refunds

    1. Clear Braces and Retainers: Therapie Smile enforce a strict no refund / no returns policy for purchased Clear Braces, Retainers, and related treatments.
       Due to the bespoke and personal nature of the product being a customised medical device designed specifically to match a patient’s specific needs, once placed in production we do not accept returns nor offer refunds on any Clear Brace product, Treatment Plan, or related services.
       The only exception to this is
       • 1. Our Smile dental team determine goods are faulty or not as described and where a positive replacement / solution cannot be provided. The decision to opt out, or no longer continue with treatment without accepting our resolution process will not be considered. Therapie Smile cannot be held accountable or liable where a customer has left the country of treatment origin after purchase and can no longer attend a clinic for corrective treatment, in this instance a Home Impression Kit purchase may be required to proceed with corrective treatment.
       • 2. Our Smile dental team determine services have not been conducted with   reasonable skill and care.

       The opinion of any external entities, Dentists, Orthodontist will not be considered or be applicable to return or refund claims.

       This does not affect your statutory rights.
    2. Impression Kit: You can return your Impression Kit to us up to but not after 14 days of receipt of your order, provided that the Impression Kit is sealed, unused, and in its original packaging. You will have to pay the costs of return.
       1. For legal reasons cosmetic products can only be returned if all safety / hygiene seals are intact and packaging are unbroken. Please note returned items must be returned to us within this 14-day period.
       2. Once we have received the returned Impression Kit, we will consider the condition of the goods being returned before authorising refunds. We will give you a full refund or replacement Impression Kit subject to any deductions outlined in 9.2.3. Generally, refunds may take 10 working days to process. To combat fraudulent refunds are only made to the Credit card or payment method used to purchase the items.
       3. We may make the following deductions from refund:
          1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
          2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
    3. Consultations and Appointments: We require 48 hours’ notice to reschedule or cancel all consultations and appointments. You can contact us on 1890 650 750 / 0800 12 1565 or smile@therapieclinic.com during business hours and re-schedule or cancel the appointment. If less than 48 hour’s notices are given, the appointment is missed or if you are more than 15 minutes late for a scan or 10 minutes late for a consultation, we will regrettably have to charge you either (a) the cost for a missed consultation or (b) in respect of a Scan appointment, the price of the Scan.
    4. Treatment Plan (and other digital content). We will deliver the digital content to you immediately, and once you have agreed to this bespoke plan when ordering, you will not have a right to change your mind at this stage and return.
    5. Where to send your returns. To find out how to return items and where to send them, please call 1890 650 750 / 0800 12 1565 or email us at smile@therapieclinic.com.
       1. Please return your purchase in the original unopened packaging. You must also include:
          1. date you ordered or received the Products
          2. your name
          3. your address and contact telephone number
          4. the email address you used when you originally purchased the Products.
       2. When returning goods by post we strongly recommend that you obtain proof of postage, take out adequate insurance to cover the value of the goods that you are returning and stipulate that the courier asks for a signature on delivery. This will allow you to track the returned goods and get compensation should your chosen courier loose them.
       3. We cannot make refunds for goods that we have not received back. No refund will be issued, and we will not be held responsible if the returned item is damaged or lost. We will also not be responsible or issue a refund if you do not address the returned package correctly, or do not include your order number or information needed to identify your return.
       4. You are responsible for paying the cost of the return. We will only refund the cost of the return if the Products are faulty or not as described.
    6. How we will refund you. Once we have received your returned item and it has been processed, you will receive an email to let you know if you are entitled to refund.
       1. If you are exercising your right to change your mind in respect of the Impression Kits or, we may make the following deductions from refund:
          1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
          2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
       2. If you are entitled to a refund, we will refund you the price you paid for the Product(s) or services by the method you used for payment. You are responsible for informing us of any changes to your original account details.
       3. We reserve the right to reduce any refund by the amount equivalent to the reduction in value of the goods caused by your mishandling of the goods, or amount for services provided prior to, up to the time when you told us you had changed your mind.
    7. When your refund will be made. We will make any refunds due to you as soon as possible. Approved refunds will be automatically refunded into the account the original payment came from. This can take between 10 working days of the return being processed, depending on your financial institution, or between 28 – 30 business days to be applied where a third-party finance provided is involved.

11. Our rights to end the contract

    1. We may end the contract if you do not comply with your obligations. We may end the contract for a Product at any time by writing to you if: you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us. If you do not make any instalment payment to us by the due date, we may ask you to make the remaining payments in full on demand.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12. Price and payment

    1. Where to find the price for the product. The price of the Product and any treatment packages (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you order.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Mastercard and Paypal) We do not accept American Express as a form of a payment.
       1. Credit and Debit cards are processed immediately, and the price automatically deducted from your account. All Credit and Debit card payments may be subject to validation checks and authorisation by the card issuer.
       2. If you place an order with PayPal you will be redirected to the PayPal website, where you will need to login with your PayPal username and password.
       3. Finance plans is an affordable way to spread the cost and are available; UK customers with Omni Finance, ROI customers with Flexi-Fi. Other finance options may be available from time to time. Please contact us on smile@therapieclinic.com to discuss your payment options. Any payment terms presented to you in the process of using, signing up for, or purchasing any Products offered by us, are deemed part of this Agreement. Any finance plans offered by a third party are subject to credit checks and, if accepted, you will form a legal agreement with the finance provider.
    5. When you must pay depends on what Product you are buying:
       1. For any Impression Kits, you must pay for the products before we dispatch them. We will charge your Credit or Debit card at the point of payment
       2. For any Clear Braces, you must pay for the products upfront and in full (or if you have been accepted for a finance payment plan) before we manufacture and dispatch them. You will invoiced in accordance with the finance payment plan you have entered with the finance provider. You must pay each invoice within the agreed timescales the date of the invoice. This will depend on the payment plan you have entered into with the finance provider.
       3. For Consultations, you must make an advance deposit payment before we start providing them to you. We will request payment for the balance of the price of the services (if applicable) when we have completed them.
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Limitation of Liability

    1. Therapie accepts no liability for:
       1. any defects that are caused by neglect, misuse, or mistreatment of its Products by you, the Therapie Smile Consultant, or any third party.
       2. any defects that are caused by the tampering, adjustment, or misuse of it’s the Products by you.
       3. any defects that are caused by failure to follow directions including (but not limited to) wearing Clear Braces out of sequence, not wearing the Clear Braces for the entire duration as specified Treatment Plan schedule, or wearing aligners for less than 22 hours per day;
       4. any Products being used in combination with other third party products.
       5. failure by you to disclose or provide us with all relevant medical details prior to treatment or manufacture of the Clear Braces; and / or
       6. failure by you to comply with all instructions and / or recommendations give to you, or on behalf of Therapie, regarding the use of the Clear Braces and treatment.
    2. We only supply the Therapie Smile Products for domestic and private use.
    3. The information contained on the Therapie website, including information relating to dental, medical and health conditions, products and treatments, is not intended to be used in place of you visiting, calling, consulting or seeking the advice of a medical or dental professional or any information contained on or in any product packaging or labels.
    4. The Therapie Smile Consultant is an independent medical professional who operates a consultancy service from Therapie Smile clinics. Responsibility lies with the independent consultant who performed your treatment review, for any adverse reaction or unwanted side effect resulting from treatment.
    5. Therapie does not practice dentistry or give medical advice. Therapie instructs a third-party manufacturer under a separate manufacturing agreement to manufacture medical devices based on instructions from the prescribing Therapie Smile Consultant. Therapie will also provide an administrative role, liaising with you in relation to your consultations, appointments, and collection of your payments for any purchases and treatment received.
    6. Neither Therapie, nor any employees, agents, representatives, suppliers, contractors, sub-contractors, consultants, successors or assigns, is responsible for your medical or dental health and hereby excludes all liability from any and all claims and causes of action that you or your representatives now have or may have in the future for any loss, damage, personal injury or death arising from, relating to or in connection with the Treatment Plan, Therapie Smile Services and use of the Products. Nothing in these Terms shall limit or exclude Therapie’s liability for any death or personal injury resulting from any negligence or liability that cannot be excluded under applicable law.

14. Personal information

    How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. In order to manufacture your customised Clear Braces for your cosmetic Treatment Plan, we may need to share information relating to you, your Impressions, photographs of your teeth and progress, and medical records with third parties, such as a Therapie Smile Consultant, other consulting medical professionals, laboratories, brace manufacturers and payment providers, some or all of whom may be located in the European Union. This is for the purpose of treatment, payment, and delivering the services to you.

    1. The Therapie Smile Consultant and/or Therapie may use your medical records for research and educational purposes, but only to the extent that your information will be treated securely in line with our Privacy Policy.
    2. In addition, from time to time, we may seek your prior written permission to use your photographs, testimonials, or other materials for inclusion in our marketing or educational materials. To the extent that this material contains information about your dental and / or medical diagnosis, treatment, or other personal information, it would be regarded as sensitive data, which by law requires your explicit consent to allow us to process it. We will only process this sensitive data with your consent and as set out in our Privacy Policy.

15. Informed Consent and Agreement

    The information provided in the Consent Form details the nature of the Therapie Smile treatment and outlines the risks and benefits of that treatment. You are required to sign the Consent Form prior to receiving any Therapie Smile services. Your completed Consent Form will be incorporated into these Terms by reference. You will have the opportunity to discuss the consent form, its contents, and any questions you have with a Therapie Smile Consultant.

16. Other important terms

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not contact you, but we continue to provide the Products, we can still require you to make the payment at a later date.
    5. Which laws apply to this contract and where you may bring legal proceedings:
       1. For UK customers. These Terms are governed by English law and you can bring legal proceedings in respect of the products in English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the English or the Northern Irish courts.
       2. For ROI customers. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in Irish courts.