These General and Essential Terms and Conditions govern the terms of any contract of sale entered into or to be entered into between the Manufacturer and the Customer for the purchase of the Product.
Key terms used in this contract and on the Manufacturer’s website:
Manufacturer: Smilezor Ltd. (1133 Budapest, 10 Véső Street, 1st floor, door 7) together with the other details set out in the website’s legal notice).
The manufacturer of the Product, who holds the professional, regulatory and operational licences and meets the conditions required for the manufacture of the Product, and who holds liability insurance in connection with the conduct of their business.
Manufacturer's service: Carrying out the tasks necessary for the manufacture of the Product, the handover of the Product, communication between the parties, and the fulfilment of warranty obligations, based on the information, data and items (e.g. dental impressions) provided by the Customer and/or the dentist. The Manufacturer’s services are not free of charge!
3D design: A 3D plan is a visual plan that illustrates the possible interim and final tooth positions from a dental prosthetics perspective.
Treatment Plan: The treatment plan is a version of the 3D plan that has been approved by the treating dentist and accepted by the Client. However, the tooth position shown on the 3D plan may change due to a wide range of factors and circumstances! The Customer accepts and acknowledges the possibility of such variations. The Customer acknowledges and accepts that the Manufacturer is unable to guarantee the outcome of the treatment.
Client: The Customer is the person named on the Order Form (Declaration).
Order:The Order Form (Declaration) is a declaration made by the Customer on paper or, if the Manufacturer provides this option, electronically, by which the Customer expresses their intention to purchase the Product, acknowledges the medical information, accepts the Total Purchase Price and undertakes to pay it. A Declaration made by the customer in connection with the use of the Alignment and Retention treatment shall also be deemed to be an Order Form.
Client contribution: Client cooperation refers to all forms of communication, information exchange and tasks, the performance (fulfilment) of which is necessary for the preliminary assessment of the Product’s usability, the Regarding your statement made within 30 days concerning the 3D treatment plan, is necessary for the approval of the design, the manufacture of the Product, its handover, its testing whilst in use, the verification of its use in accordance with its intended purpose, and, where applicable, the fulfilment of warranty obligations. Any delay in or failure to fulfil the customer’s obligations may result in further charges, suspension of service, or termination of the contract!
Product: An item manufactured by the Manufacturer to the Customer’s specific measurements, specifically for the Customer, designed to be worn in the mouth. The term „splint” is also used in everyday language to describe the Product. The definition of the Product also includes any Product other than a splint that is required for the Retainer treatment.
Customised Product Package: A Customised Product Package refers to the specific contractual and sales terms and conditions applied by the Manufacturer and accepted by the Customer. In the case of the sale of a Customised Product Package, prior to the conclusion of the contract, the Manufacturer may exclude the application of the provisions of these General Terms and Conditions in whole or in part, or may deviate from them.
„Our clinics”: The term „Our Practices” refers to doctors who are affiliated with the Manufacturer but who are authorised to carry out independent medical activities and provide services, and who are obliged to assume independent responsibility, as well as their associates, regardless of the organisational form under which they carry out their activities.
The Manufacturer accepts no liability to the Customer in respect of medical practice, does not carry out any medical practice, does not take a position on medical matters, and does not provide medical advice or information. The doctor is not a subcontractor of the manufacturer.
By stating ‘on the recommendation of a doctor’, the Manufacturer indicates that the recommended doctor has knowledge and experience regarding the use of the Product.
Health status: ‘Health status’ refers to the Customer’s overall dental and other physical, psychological and mental condition at a given point in time. The Manufacturer shall carry out examinations relating to the Customer’s state of health solely for dental technical purposes, for the purposes of manufacturing the Product and fulfilling the contract, based on data, information and materials (e.g. photographs, X-rays, samples, medical opinions). Health status also includes any changes in condition that may occur whilst the Product is being worn, irrespective of the Product itself.
Dental arch: In everyday language, it refers to the lower and/or upper set of teeth.
Recommendation: The provision by the Manufacturer of information which, if taken into account, may enable the Customer to avoid or mitigate a risk, or possibly gain an advantage.
Purchase price: The Purchase Price means the amount, expressed in forints or another currency, which the Customer accepts and undertakes to pay for the Manufacturer’s Products and services by signing the Order Form – or, in the case of Adjustment and/or Retention treatment, by means of a Declaration (or, exceptionally, by conduct implying acceptance of the continuation of the service) – and undertakes to pay. These General Terms and Conditions contain separate provisions regarding the payment of the Purchase Price.
Any charges and costs which the Manufacturer excludes from the purchase price are not included in the purchase price (e.g. delivery charges).
Payment in instalments: This refers to the payment of the Total Purchase Price in instalments. The total amount of the instalments – excluding ancillary costs and fees – must equal the Total Purchase Price.
Medical fees and costs: The Customer shall pay the medical fees and costs separately, in accordance with the attending doctor’s fee schedule; these are not included in the purchase price of the Product!
Obligation to enter into a contract: The parties are under no obligation to enter into a contract.
Warranty: Based on the details provided by the Customer (e.g. data, information, items), the Manufacturer shall be liable for the customised dimensions of the Product, the quality of the materials used, and the quantity of rails contracted for and paid for – or for any other Product – shall be assumed by the Customer. The Manufacturer’s warranty obligation arises after the purchase of the product (payment of the purchase price). The terms and conditions of the warranty are set out separately in the relevant sections of the General Terms and Conditions!
Risk: Risk is the likelihood of one or more possible, unintended consequences. Please ask your dentist for personalised advice regarding the potential risks of orthodontic treatment.
II./ Types of treatment, definitions
Basic treatment (per arch): In relation to the Manufacturer, ‘basic treatment’ refers to the quantity of the Product (splint) manufactured, delivered and paid for by the Customer in accordance with the 3D treatment plan approved by the Doctor and accepted by the Customer.
Orthodontic treatment (per dental arch): In relation to the Manufacturer, ‘rectification’ is to be understood as:
Orthodontic Treatment I./ Basic treatment was completed without any failure on the part of the client further adjustments to the alignment of the teeth, should the Customer so require. The Manufacturer shall fulfil this requirement, free of charge, by producing one adjustment splint per tooth upon completion of the basic treatment.
Corrective Treatment II./ During the basic treatment or during Adjustment Treatment I, the In the client’s sphere of interest (e.g. default) necessary for further adjustment of the dental alignment resulting from the aforementioned cause subject to a charge Provision of goods and/or services.
Such a treatment also includes cases where the Customer requests further modifications after the completion of Adjustment I. The provision of such a Product and/or service shall likewise subject to a charge.
Corrective Treatment III./ The provision of a free Product and/or service where the interim dental restoration deviates from the treatment plan for reasons unrelated to the Customer’s conduct or negligence.
Retention treatment (per arch): The foundation – and, where necessary, the measures required to maintain the tooth position achieved upon completion of the orthodontic treatment(s) subject to a charge Provision of goods and/or services.
Important warning: Maintenance treatment is not part of the basic treatment or the corrective treatment(s) (product service)!
Medical supervision during treatment(s)
Important warning! In order to ensure the product is used for its intended purpose during the course of the treatment(s) and to maintain the validity of any warranty claims, the Customer must attend a mandatory medical check-up every 6–8 weeks (interim mandatory medical check-up) and must also attend a mandatory medical check-up upon completion of the treatment(s). Depending on the individual case, the doctor may prescribe more frequent check-ups! Failure to attend these check-ups constitutes a serious breach of the client’s contract.
Interruption or discontinuation of treatment: Any treatment the contract shall be terminated without any consequences for the Doctor or the Manufacturer if the Customer so decides, or if the Customer commits a serious breach of contract (e.g. in particular, but not limited to, failing to attend medical check-ups, fails to comply – even on a per-arch basis – with the rules regarding daily wear time or other prescribed rules, etc.) and/or the Doctor may terminate the treatment for other medical reasons. The interruption or termination of treatment may result in the Client not achieving the expected alignment of their teeth, and the teeth may revert to their original position.
Without any legal consequences, the treatment may also be suspended (and thus interrupted) if the Customer fails to fulfil their contractual payment obligations when due, and the Manufacturer consequently suspends – either temporarily or permanently – the fulfilment of its delivery obligations.
The Customer is aware of and accepts the consequence that, in the event of the treatment being suspended or terminated, the Manufacturer’s obligations, liability and warranty commitments shall cease; the Customer shall not be entitled to a refund, and expressly waives any right to enforce such a claim!
The Manufacturer accepts no liability, either direct or indirect, for the occurrence of circumstances beyond its control.
Completion of treatment: The attending doctor shall determine when medical treatment has been concluded; this shall be documented by a joint statement from the doctor and the Client. In the absence of a statement from the Client, the Doctor may also determine the conclusion of treatment by means of a unilateral statement. Following the conclusion of the basic treatment, a new course of treatment (e.g. corrective or maintenance) begins or may begin!
Completion of the manufacturer’s product delivery In any type of treatment (basic treatment, corrective treatment, maintenance treatment), the delivery of the product is deemed complete upon handover of the last numbered splint paid for by the Customer, or the last maintenance product paid for. Product delivery may also be deemed complete if the Manufacturer terminates or withdraws from the contract, the Customer fails to fulfil their payment obligations, or the treatment is interrupted or terminated.
III. Preparations for the conclusion of a contract; the conclusion of a contract
Disclaimer: The content published on the Manufacturer’s website – with the exception of the General Terms and Conditions, unless the Parties expressly deviate from them by written declaration – shall not be deemed to be exhaustive, nor shall it constitute any mandatory or implied elements of the contract. This provision does not preclude the content of public communications, or certain elements thereof, from being included in the Order Form and/or these General and Essential Terms and Conditions. Only the combined content of the Order Form (Declaration) and these General and Essential Terms and Conditions shall constitute a contractual offer.
Order form: By signing the Order Form (Declaration), the Customer declares that they have familiarised themselves with the Manufacturer’s General and Essential Terms and Conditions prior to signing the Order Form (Declaration), and that they wish to enter into the contract on the basis of medical advice, with due care, free from undue influence and of their own free will, and that they have the necessary financial means to pay the Purchase Price of the Product.
Before signing the Order Form:
1./ Before signing the Order Form, the Customer finds out, they can find out about the product and the terms and conditions on the Manufacturer’s website; then, if they decide they wish to purchase the Product, they contact the Manufacturer or a dentist recommended on the Manufacturer’s website.
2./ During the preliminary dental examination Worksheet is recorded, depending on the type of processing, for the purposes of testing and the manufacture of the Product A panoramic X-ray is required; the cost of this shall be borne by the Client. The Client arranges for an X-ray to be taken. Depending on the type of treatment, photographs are taken of the Client’s teeth, the dentist takes a dental impression, and the Manufacturer prepares the 3D dental design, which is then approved by the dentist. When the Customer receives the 3D plan electronically, With regard to the 3D plan, must you state whether you accept the plan within a reasonable timeframe, but no later than 30 days?
3./ During the preparatory phase, prior to the start of the main treatment, the Customer shall attend a preliminary consultation with a dentist familiar with the use of the special orthodontic appliance manufactured by the Manufacturer, during which they may ask questions and receive information on the use of the Product, any possible contraindications and side effects. In any dental or medical matter, the dentist’s opinion – or, in the case of any prior medical findings or opinions, the opinion of the doctor who issued them – shall prevail; the Manufacturer is not authorised to express an opinion or take a position on such matters. The Manufacturer is not obliged to manufacture the Product in the event of a negative medical opinion.
Signing the Order Form
4./ If, on the basis of preliminary tests, the Customer deems the Product suitable for use and decides to proceed with the purchase, the Customer shall sign the Order Form.
If the Customer were to sign the Order Form during the preliminary medical examination but before the dental technical assessment, and the use of the Product is nevertheless not recommended for them from a dental technical perspective, the Customer shall not be liable for any further payment obligations apart from the reimbursement of the costs of taking the dental impression, and the contract between the Parties shall be terminated.
5./ A The Customer – or, in the case of a minor, the Customer’s legal representative, with the latter’s approval – shall sign at least 3 (three) original copies of the Order Form, completed with their details, one (1) of which shall be retained by them. The Order Form is accompanied by basic medical information relating to the treatment!
6./
6.1./ The Product Sale and Purchase Agreement relating to the management of the fund is concluded between the Manufacturer and the Customer upon the Customer’s signature on the Order Form and payment of the Full Purchase Price (or, in the case of payment by instalments, payment of the first instalment), together with the provisions set out in these General and Essential Terms and Conditions.
6.2./ The contract for the sale and purchase of the Product relating to the Alignment Treatment and/or the Maintenance Treatment may be concluded by means of a written declaration by the Customer upon completion of the treatment, or, in the absence of such a declaration, by the Customer’s conduct indicating their intention (by continuing the treatment), in accordance with the Manufacturer’s current prices, payment terms and current medical fees the combined content set out in these General and Essential Terms and Conditions.
7./ Collection of goods: The Manufacturer or the Doctor shall notify the Customer directly of the place and time of collection of the Product. The Customer shall collect the first splint from the Doctor. If the full quantity of splints is not delivered in one go, subsequent deliveries will be made on a cash-on-delivery basis to the address specified by the Customer.
8./ Upon payment in full of the total purchase price of the Product, the Customer, the Product (the total quantity of splints per arch and/or other Retention Products) Upon delivery, the Manufacturer fulfilled the terms of the contract of sale.
These General and Essential Terms and Conditions contain specific provisions regarding warranty claims and other obligations of the manufacturer and the customer.
9../ The Manufacturer provides either a bespoke or a publicly available User Guide for the use of the Product.
IV./ Steps to be taken upon completion of the basic treatment. Corrective treatment. Maintenance treatment.
1./ Corrective treatment(s)
The Client may request Adjustment Treatment by means of a separate Declaration or by conduct indicating such a request (continuation of treatment).
Adjustment treatment subject to a charge (e.g. Orthodontic Treatment II) typically takes place if, due to the Client’s fault, a course of treatment is prolonged to such an extent that new planning and the manufacture of a new Product are required, and/or if, upon completion of a course of treatment, the Client is not satisfied with the resulting alignment of the teeth.
The Adjustment treatment is not part of the basic treatment; the Customer must pay a fee for the Adjustment Product and service, which fee includes the design fees and costs, as well as the price of the new Product (splint), and the amounts payable for the associated services, which must be paid to the Manufacturer no later than upon receipt of the Product or at the same time as the service is provided, in accordance with the Manufacturer’s current price list, and to the Doctor at the same time as the medical services are provided, in accordance with the medical fee schedule.
The Rectification Procedure shall, in all other respects, be deemed a new contract between the Manufacturer and the Customer, and shall be governed by the provisions of these General Terms and Conditions.
2./ Maintenance treatment
Should the Client, upon completion of the basic or adjustment treatment(s), request retention treatment by means of a separate declaration or conduct implying such a request, this shall entail the manufacture of a new retention device (a splint or wire retainer, or both). Until the retainer Product is manufactured and handed over, the Customer is obliged to wear the final splint continuously, as without it, their bite may change to such an extent that the manufactured retainer Product may become unsuitable for use. In the event of failure to wear the final splint continuously – which a specialist is highly likely to be able to trace back to a change in tooth alignment – the Manufacturer shall not provide a guarantee for the retainer Product.
The Customer must pay a fee for the Retainer Product and service, which fee includes the design fees and costs, as well as the price of the Product (rail, wire retainer, or both), and the amounts payable for the associated services, which must be paid to the Manufacturer no later than upon receipt of the Product or at the same time as the service is provided, in accordance with the Manufacturer’s current price list, and to the Doctor at the same time as the medical services are provided, in accordance with the medical fee schedule.
For Retainer treatment, the Manufacturer shall produce one Retainer Product per dental arch, i.e. one piece, for the Customer, subject to a separate charge. The duration of wear of the Retainer (a splint, a wire retainer, or both) varies from person to person. If the Retainer wears out (e.g. breakage) necessitates the manufacture of a new Retainer; the Customer must pay the price of this and the fees for the associated services again
Maintenance Services shall, in all other respects, be deemed to constitute a new contract between the Manufacturer and the Customer, and shall be governed by the provisions of these General Terms and Conditions.
V./ The total purchase price (purchase price), payment thereof, guarantee of payment, and late payment.
1. The Total Purchase Price of the Product is determined by the Manufacturer and accepted by the Customer at their own discretion. The Customer confirms the amount of the Total Purchase Price and their undertaking to pay it by signing the Order Form (declaration); in the absence of such a signature, in the case of Adjustment and Retention management, this is confirmed by their conduct in continuing with the management., and all previous correspondence and discussions shall thereby become null and void.
1.1. Payment deadline: The Customer shall pay the full purchase price to the Manufacturer upon signing the Order Form (declaration) or, in the event of conduct indicating acceptance, at the same time as continuing to use the Product, but no later than upon taking delivery of the Product.
If, in the case of a lump-sum payment, the full purchase price of the Product is not paid in full prior to the handover of the Product, the Manufacturer shall be entitled, at its discretion, either to deliver only one rail per batch to the Customer and to grant an extended payment deadline subject to the payment of interest on arrears, or the Manufacturer may refuse to perform, withdraw from the contract or terminate it with immediate effect, and enforce its financial claims against the Customer.
In the event of failure to pay the purchase price (instalment), the Manufacturer may grant an additional payment period of up to 8 days. In the event of a total delay in payment of 15 days, the Manufacturer may withdraw from the contract or terminate it with immediate effect, and may enforce its financial claims against the Customer.
1.1.2./ Partial payment
If the Customer pays part of the Total Purchase Price to the Doctor and another part to the Manufacturer, this is not considered an instalment payment but a partial payment.
1.1.3./ Payment in instalments
Where the Manufacturer and the Customer so agree, the Customer may pay the Total Purchase Price in instalments. The Manufacturer shall only accept payment in more than two instalments in exceptional cases and on a case-by-case basis, and may make such payment by instalments subject to a payment guarantee. The amounts of the instalments and their due dates are set out in the instalment payment agreement (table).
Failure to pay the instalment due shall constitute a serious breach of the customer contract. In such cases, the Manufacturer may grant an extension of up to 8 days for payment. In the event of a total payment delay of 15 days, the Manufacturer may terminate the contract with immediate effect; the Customer shall forfeit their entitlement to delivery of the Product and to the warranty, and the entire outstanding Purchase Price shall become due in a single lump sum, and the Customer shall forfeit the warranty.
1.1.4./ Purchase price guarantee: The Manufacturer undertakes that, provided the Customer acts in accordance with the contract, it will not alter the Total Purchase Price of the Product for the duration of the basic management period, even in the event of changes in circumstances beyond its control.
1.1.5./ The purchase price guarantee also covers the costs incurred by the Manufacturer in fulfilling its warranty obligations in the event of a justified complaint arising from the Product’s intended use, excluding delivery costs.
1.1.6 The purchase price guarantee does not apply to payment by instalments, and the Manufacturer shall hand over (deliver) the rails in instalments following payment of the due instalment (cash on delivery). The Manufacturer declares that, in the event of a payment agreement involving instalments, interim price increases shall only be applied in the event of an increase in its costs (e.g. raw materials).
2./ Fulfilment of a payment obligation
The Customer shall make payments by bank transfer, in cash or by credit card. If paying by bank transfer, the Customer shall transfer the amount to the Manufacturer’s bank accounts held with Budapest Bank: 10103056-10924700-01005005 or 10103056-10924700-01005008 held with Budapest Bank; where necessary, any additional details (e.g. a code) should be included in the „remarks” field.
3./ Payment by the customer shall be deemed to have been made when the full amount due has been credited to the Manufacturer’s bank account by the Manufacturer’s bank, or, in the case of cash payment, when the Manufacturer (or its representative) has verifiably received the full amount due.
4./ Late payment In such cases, the rate of interest on arrears is the central bank base rate set by the Hungarian National Bank (MNB) plus 8 %. Late payment interest is calculated by multiplying the amount paid late (or in part) by the current base rate set by the MNB plus 8 %, dividing the result by 365 and multiplying the resulting figure by the number of days in arrears. A payment made by the Customer by the due date but in an insufficient amount shall be deemed an incomplete payment. In the case of payment by instalments, the incomplete and/or late payment of any instalment shall also be deemed a delay in payment. The amount of interest on arrears is not included in the purchase price. Failure to pay interest on arrears constitutes a breach of contract and may result in the Manufacturer’s withdrawal from or termination of the contract.
5./ Bank charges, fees, and any charges and costs incurred by other service providers and for other services (e.g. delivery) are not included in the purchase price.
6./ In the event of late or incomplete payment amounting to a total of 15 days, including any extension of the deadline, the Manufacturer may, without any separate notice and without any legal consequences, by sending a notice to the electronic contact address provided by the Customer, with immediate effect and may enforce its claims and recover damages arising from incomplete and/or late payment. The parties agree that the Customer’s email address shall serve as the address for service of notice.
7./ The Manufacturer may set off any overdue claim against the purchase price (or part thereof) already paid by the Customer; the Customer expressly consents to such set-off.
8./ The purchase price of the Product does not include
8.1./ The fees and costs of the Corrective Product (treatment) and the fees and costs of the Retention Product (treatment). The Customer must pay this amount separately, as the Manufacturer must manufacture the Product specifically for the Customer, taking into account its current condition.
8.2./ Any other costs and charges which the Manufacturer excludes from its liability, or, failing that, which are not included in the purchase price of the Product or in the warranty charges and costs.
8.3./ The purchase price does not include the following, and the Manufacturer accepts no guarantee in respect of the purchase price, no obligation to pay compensation, and no financial liability in respect of the performance, during or after the period of performance, use or warranty, for the fees and costs of medical (dental) or other healthcare services, other service providers and services, or procedures.
8.4./ The manufacture of any Product which is necessary due to a cause arising within the Customer’s sphere of interest, – e.g. due to the Customer’s negligent conduct and/or omission – and/or a change in their state of health or medical interventions. In such cases, the Manufacturer shall only manufacture a new Product upon separate payment and order.
9./ Product and/or Service provided free of charge: The Manufacturer provides information on Products and/or services provided free of charge in the General Terms and Conditions and/or on its website. Any Product or Service not covered by this information is subject to a charge. The Manufacturer reserves the right to change the terms of the free offer.
10./ Special offer: The promotion is the publicly advertised discount published on the Manufacturer’s website, with the content and time limits specified therein. The Manufacturer may unilaterally decide on matters relating to the Promotion (e.g. its start date, duration, the type and extent of the discount, and any deviations from these General Terms and Conditions).
VI. Cooperation between the Parties
1./ The Customer is obliged, for the purposes of determining the Product’s fitness for purpose, approving the 3D design, manufacturing the Product, ensuring the Product is used for its intended purpose, assessing any change in condition, and assessing or fulfilling warranty obligations, to carry out adjustment treatment, and to ensure that the Product remains in good condition, the Customer shall provide the Manufacturer with all necessary statements, facts, data and information at the appropriate time – or, in the absence of such a stipulation, within a reasonable time – and in an appropriate manner, to provide the Manufacturer with the items necessary to comply with these requirements (photographs, X-rays, medical reports, a flawless dental impression, the Product where applicable, etc.). The Customer shall be liable for any damages arising from any failure to fulfil, error, omission or delay in relation to these obligations.
2./ The Manufacturer provides a publicly accessible telephone and online customer service, to which the Customer may turn with any questions, requests or comments relating to the dental aspects of the Product until the treatment is completed.
3./ The Manufacturer maintains a public website on which it also publishes these General and Essential Terms and Conditions. The Manufacturer shall communicate with the Customer primarily in writing or by electronic means; in other cases, it shall do so in the manner and via the contact details specified on the public website.
4./ The Manufacturer shall receive the Customer’s well-founded comments, complaints and requests on working days between 8.00 am and 4.00 pm, and shall respond to them as soon as possible, also on working days.
5./ As the Manufacturer is neither a doctor nor authorised or obliged to respond to questions, complaints or comments relating to health matters, or to provide advice or assess ideas or suggestions, either verbally or in writing (electronically),, the provision of medical services does not fall within its remit, nor does it bear the costs thereof. The Manufacturer shall assist specifically in resolving issues relating to the Product (e.g. shortages), with the exception of medical interventions.
VII. Intended use; circumstances precluding or preventing use
1./ The Customer is obliged to use the Product for its intended purpose, which includes, in particular but not exclusively, adhering to the recommended daily duration of use, cleaning and storing the Product, complying with oral hygiene requirements, and using (or replacing) the Product’s accessories and components in the correct manner and at the appropriate time.
2./ The Customer acknowledges that the Customer’s age, their dental or general health, or any changes thereto, as well as any breach by the Customer of the requirements relating to the intended use.
3./ The Manufacturer shall not be liable for the existence of any cause (or causes) that precludes or prevents use, their occurrence, and for any direct or indirect consequences or damages arising therefrom, the Manufacturer excludes all liability, whether financial, of a financial nature, under warranty or otherwise.
By signing the Order Form, the Client expressly accepts this exclusion of liability in respect of any type of treatment. Should any cause (or causes) preventing or hindering use arise or persist, the treatment shall be suspended and/or may be suspended.
VIII. Product warranty
1./ The Manufacturer accepts no warranty, financial liability or other liability for any breach of contract by the Customer or the consequences thereof! The Manufacturer shall not be liable for any financial compensation or other liability arising from defects, shortages or delays relating to services provided by parties other than the Manufacturer or the use of products manufactured by third parties.
The Product warranty (replacement, exchange, redesign, remanufacture) to the loss, destruction or damage (breakage) of the Product or any of its accessories or components, or to the interruption or cessation of operations, or to the occurrence of any circumstances that prevent or render the use of the Product impossible!
2./ Handling of warranty claims:
2.1./ The Manufacturer provides an electronic and publicly accessible telephone customer service, to which the Customer may turn with any dental-related queries, requests or comments regarding the Product until the treatment is completed.
2.2./ The Manufacturer maintains a public website on which it also publishes these General and Essential Terms and Conditions.
2.3./ The Manufacturer shall maintain contact with the Customer primarily in writing or by electronic means; in other cases, it shall do so in the manner and via the contact details specified on its public website.
The Manufacturer shall receive the Customer’s well-founded comments, complaints and requests on working days between 8.00 am and 4.00 pm, and shall respond to them as soon as possible, also on working days.
2.4./ The Customer shall be obliged to notify the Manufacturer in writing without delay of any complaints regarding the quality or other issues relating to the Product and, where necessary, to provide documentation as requested by the Manufacturer (e.g. by returning the Product). Should it be necessary, at the Manufacturer’s request, the Customer shall be obliged to hand over the Product to the Manufacturer for inspection (and to arrange for its delivery at its own expense) to the Manufacturer’s current registered office or to a site designated by the Manufacturer.
2.5./ The Manufacturer is under no obligation to investigate complaints that have not been submitted in writing (or confirmed in writing) and/or claims that have not been documented, or to take any action on the basis thereof.
3./ Track replacement, repair, refund of purchase price
In the event of a well-founded (documented) written claim relating to the quality, sizing, replacement or exchange of the Product, the Manufacturer shall, in the first instance, be obliged to provide a replacement or substitute free of charge, provided that the defect, deficiency is not attributable to the Customer’s negligence or other conduct (e.g. loss, damage resulting in breakage).
In the event of a shortfall in the quantity of the Product supplied, the Customer must notify the Supplier of this without delay.
A refund of the purchase price (or part thereof) is only possible where required by law or by separate agreement between the Customer and the Manufacturer.
4./ Duration of the warranty
4.1./ The Manufacturer guarantees the Product for the duration of treatment, up to the end of the service life of the numbered rail in question. Should the last prefabricated rail – or indeed any intermediate rail – be unusable because the Customer has failed to meet the delivery deadline, has interrupted the treatment, or commits any other breach of contract, and/or any other cause arises that precludes or prevents use, the warranty (e.g. replacement, exchange, redesign, remanufacture, etc.) shall automatically lapse.
The Manufacturer hereby informs the Customer that wear and tear on the splint may be accelerated by the Customer’s involuntary behaviour (e.g. teeth grinding), which may damage the splint. The Manufacturer shall not be liable for such wear and tear.
4.2./ The warranty for the Product expires at the end of the intended service life of the individual splints. Among the Retention Products, the Manufacturer provides a warranty for the removable splint for a period of 1 (one) month from the date of delivery.
4.3./ In the event of any doubt, the Manufacturer is entitled to investigate any warranty claim(s). Should the Customer delay or obstruct the investigation of the claim, the warranty shall be void!
4.4./ The Product warranty does not apply to the assertion of any existing medical, legal, financial or other claims arising from the doctor-patient relationship and/or to the consequences thereof vis-à-vis the Manufacturer. The Manufacturer accepts no warranty or liability for any other dental procedures carried out before or during the fitting of the orthodontic appliance, nor for the materials or products used during such procedures, e.g. bonded bridges, crowns, nor for their quality, condition, changes in condition, or the consequences of such changes (e.g. their removal).
The warranty does not cover products manufactured or services provided by third parties, the use of dental services not recommended by the Manufacturer, medical examinations or procedures, travel, postage or delivery charges.
5./ The occurrence of effects which, according to general experience, may be inherent in orthodontic treatment shall not be regarded as a defect in the Product (e.g. pain, temporary changes in speech, a feeling of discomfort, aesthetic concerns regarding the use of the Product, changes in chewing habits, etc.). The occurrence of risks and side effects, and their consequences, do not constitute a product defect. The Customer may seek advice from a doctor regarding these matters, including in advance.
6./ It shall not be deemed a defect in the Product, nor shall it be covered by the warranty, if the Customer fails to commence the intended use of the Product immediately upon receipt, temporarily ceases to use it, or interrupts its use, thereby causing the period of use to be longer than expected and/or the expected tooth alignment resulting from the treatment does not occur.
6.1./ A change in the Customer’s state of health which prevents them from continuing to use the Product, or for which its use is not recommended, shall not be regarded as a defect in the Product.
7./ The warranty shall be void if the Customer fails to fulfil its obligation to cooperate with the Manufacturer.
8./ The Manufacturer’s warranty does not cover, and the Manufacturer shall be exempt from its warranty obligations in the following cases in particular, but not limited to:
- medical treatments, dental procedures and solutions (temporary fillings, crowns, bonding, etc.) carried out before and during the use of the Product, which are unrelated to the Product, and their consequences;
- in the event of the loss of a dental prosthesis;
- faults and damage resulting from misuse, accidents or the application of excessive force;
- defects and damage which can be shown to have arisen from the Customer’s failure to comply with the Manufacturer’s instructions;
- any deterioration in the Customer’s health, or any resulting fault in the installed material, caused by the Customer’s lifestyle, bad habits (e.g. teeth grinding, smoking) or illness;
- if the Customer fails to attend the prescribed check-up or treatment, does not wear the numbered aligner corresponding to their current tooth position, or does not take it with them to their medical check-up, if a comparison of the numbered aligners with the current alignment of the teeth does not confirm that they have been used as intended, the Customer or the Doctor shall discontinue the treatment.
- the Client’s complaint relates to a complication recognised by the dental profession as a possible consequence of orthodontic treatment (e.g. the need for root canal treatment following a filling or other treatment affecting a tooth);
gum recession, bone loss, root resorption, tooth sensitivity, temporary tooth mobility, and the occurrence of joint-related symptoms during or after use; - the Patient has not undergone the recommended treatment, the complaint is the result of an incomplete course of treatment, or the Patient is not following the dentist’s instructions;
- complaints arising as a result of the Client’s poor oral hygiene, smoking, alcohol consumption or the abuse of drugs or medication;
- in the event of a significant change in the Customer’s weight;
- metabolic disorders (with particular reference to disorders of bone metabolism), or in the event of other serious systemic diseases;
- in the event of inadequate care or maintenance of the gearboxes;
- the Customer receives dental treatment from a provider not authorised by the Manufacturer during the period of use, or during the adjustment or retention period following treatment, or receives dental laboratory work from another provider;
- if the customer reports a quality complaint within the deadline but does not allow the complaint to be investigated or rectified, fails to attend a follow-up examination or treatment, and does not make the Product available to the Service Provider.
Should the final aesthetic result, despite the treatment plan and the use of the Product, not meet the Customer’s expectations in accordance with the current state of medical science, it should also be borne in mind that each Customer’s physiological response to the use of the Product may vary and be unique.
IX. Amendment, expiry and termination of the contract:
1./ Amendment to the contract
The Manufacturer may unilaterally amend the General and Essential Terms and Conditions, the Order Form and any other declarations prior to the conclusion of the contract. The Parties may amend a contract that has already been concluded only in writing and by mutual agreement.
Any changes made by the Manufacturer to its list of recommended doctors (medical organisations) shall not be deemed to constitute an amendment to the sales contract that has been concluded.
2./ Termination of the contract
The contract shall terminate upon completion of the treatment(s), or if the treatment is interrupted or discontinued, and/or if either Party withdraws from the contract or the Manufacturer terminates it, or if any event occurs that precludes or prevents its intended use. A change of doctor during the course of treatment, not specified in the manufacturer’s recommendations, may result in the termination (cancellation) of the contract!
3./ Withdrawal
3.1./ Withdrawal by the Customer: The Customer is entitled to withdraw from the contract of sale without giving any reason within 5 calendar days of signing the Order, prior to taking delivery of the Product. The Customer must notify the Manufacturer of this in writing – by electronic means. If the Customer fails to notify the Manufacturer in writing of their withdrawal within 5 days and/or takes delivery of the Product during the withdrawal period, their right of withdrawal shall lapse.
In the event of a lawful cancellation, in addition to the costs of taking dental impressions being offset (deducted), the Customer shall be refunded the purchase price (or part thereof) paid by them. The costs of taking dental impressions are determined by the dentist in accordance with their own fee schedule.
3.2./ Withdrawal by the Manufacturer on dental technical grounds: The Customer consents to the Manufacturer accessing the available information and acknowledges that this information is necessary for the manufacture of the Product. Based on the information at its disposal (dental impression, panoramic X-ray, photographs, medical opinion, comments), the Manufacturer shall determine whether the Customer is suitable, from a dental technology perspective, for the use of the Product.
If, in the Manufacturer’s view, the use of the Product is not recommended for the Customer, the Manufacturer shall withdraw from the contract, and the Customer shall be refunded the portion of the purchase price already paid (or the full purchase price, if the full purchase price has been paid), less the costs of printing the proofs.
3.3./ These General Terms and Conditions set out other circumstances in which the right of withdrawal may be exercised.
4../ Termination:
4.1./ The Manufacturer may terminate the contract with immediate effect in the circumstances set out in these General Terms and Conditions, in particular, but not limited to, a breach of the Customer’s payment obligations.
4.2./ In the event of termination, the Manufacturer’s further services and undertakings shall cease; the Customer shall forfeit its warranty rights and waive the right to make any claim, on any legal grounds whatsoever, for any financial and/or materially significant damages. If the Customer pays the purchase price of the Product in instalments and/or has other payment obligations, any outstanding instalment(s) and/or other debts shall become due immediately and in a single sum.
X. Data processing
1./ The Customer consents to the Manufacturer recording the dental data provided in advance by the Customer and recorded during use, in accordance with the applicable legislation, and other data (e.g. personal data) in accordance with the relevant legislation. The Customer also consents to the Manufacturer using the data and findings generated during the use of the Product for scientific and research purposes. The Parties shall treat the contents of this contract as a trade secret.
2./ The Customer acknowledges that the data and information provided regarding their state of health are necessary for the provision of dental care, the design of the Product and the estimation of its expected lifespan; they hereby declare that the data provided is complete and that they are obliged to inform the Manufacturer of any changes occurring during the course of treatment, the duration of use of the Product.
3./ The Customer acknowledges and does not object to the fact that, in accordance with the provisions of the relevant legislation, for security reasons, and for the purposes of fulfilling the services and obligations under the Contract, exercising rights, enforce claims, and identify the Customer, audio and video recordings may be made at the premises recommended by the Manufacturer; the Manufacturer is entitled, where necessary and for the above purposes, to disclose the content of such recordings exclusively to its employees, agents, contributors, as well as to the relevant authority or authorities, notary or notaries, and court or courts.
XI. Maintaining contact
The Parties shall communicate primarily via their respective electronic contact details, secondarily by telephone, and thirdly in person at the Manufacturer’s registered office. The Parties agree to use electronic means of communication when liaising with one another. Either Party must notify the other Party immediately of any change to their email address!
XII. Governing law, jurisdiction clause
These General and Essential Terms and Conditions, and any matters (rights and obligations) arising from the contract or not covered by it The provisions of Hungarian law shall apply. These General Terms and Conditions have been drawn up in Hungarian; in the event of any dispute, the Hungarian-language text shall prevail.
The Parties expressly waive any right to challenge individual contracts.
In the absence of any provision to the contrary in this Agreement, the Parties hereby agree that, in the event of a legal dispute, they shall submit to the exclusive jurisdiction of the District Courts of Budapest II and III.
In the event of a dispute concerning the Product or the Manufacturer’s performance or services, the Customer is entitled, in accordance with the relevant legislation, to refer the matter to the competent Conciliation Board.
Article XIII. Entry into force and validity of the Treaty
Unless otherwise provided for in these General Terms and Conditions, the individual contract between the Parties shall be concluded by the signing of the Order Form (Declaration) – or, in exceptional cases, by conduct implying such an agreement – and in accordance with the content and provisions set out in these General and Essential Terms and Conditions. Should the Parties deviate from these GTC by means of an express written statement on paper, the content of the GTC shall prevail, taking such deviation into account.
The contract shall remain valid even if, on the Order Form (Declaration) contains the Manufacturer’s pre-printed or printed company name and the name of its managing director alongside the Customer’s original signature, unless these General Terms and Conditions provide otherwise (e.g. payment by instalments) or the Order Form (Declaration) contains a provision deviating from these GTC.
In the case of a minor Customer, the contract is valid subject to the consent of their legal representative. The validity of an agreement on payment by instalments is subject to the Manufacturer’s authentic, original signature; this does not preclude the conclusion of a contract by means of a copy signed in the original but sent electronically (scanned).
Any deviation from these General and Essential Terms and Conditions is only permissible in writing, on paper, and bearing the original signatures of all Parties concerned.
The Manufacturer may, at its own discretion and unilaterally, prior to the conclusion of a contract, exclude the application of these General Terms and Conditions in whole or in part, or deviate from them (e.g. in the case of the sale of a Customised Product Package or a Special Offer). The Manufacturer shall inform the Customer of this publicly.
Should any contractual term or provision be invalid at the time the contract is concluded, the relevant valid statutory provision shall automatically be deemed to apply. The possible invalidity of individual provisions of the contract shall not render the entire contract invalid.
Prior to the conclusion of an individual contract, the Manufacturer may amend these General and Essential Terms and Conditions at any time, without prior notice or warning, taking into account the applicable legal provisions. Any amendments to these General Terms and Conditions made after the conclusion of the contract shall only affect the contract already concluded to the extent that the Parties agree to this in writing or where required by law.
The Customer is entitled, at the time of concluding the contract, to save the terms and conditions of the contract electronically in such a way that the exact date of the save (year, month, day) and the fact that the text has not been tampered with by any party can be established beyond doubt at a later date.
These General and Essential Terms and Conditions, and the specific contract entered into do not constitute a contract for healthcare or services and do not replace the obligation to observe and comply with the provisions of healthcare or other legislation that are mandatory in the relationship between the doctor and the Client.
Valid from 1 September 2021 to 1 November 2024.
Budapest,
Bálint Gere, Managing Director
Smilezor Ltd.