Terms and conditions

General provisions

§ 1

These terms and conditions set out the specific terms and conditions for the conclusion of distance sales contracts through the website www.dent-guard.pl
The administrator of the website is Natalia Skommer , running a business under the name Dent-Guard with its seat in Czapurach (61-160) Gromadzka 28E Street, registered in the Central Register and Information on Business Activity, NIP 782-292-28-29.

§ 2

Definitions used in these Regulations mean :

a) Consumer - a natural person who makes or intends to make an Order or uses other services offered by the Seller through the Website, for purposes not directly related to his/her business or professional activity;

b) Buyer - a natural person, legal entity or organizational unit without legal personality, who makes or intends to make an Order or use other services offered by the Seller through the website, including a Consumer;

c) Online Store - a service operating within the Website through which the Buyer may purchase Goods;

d) Sale or Sales Agreement - an agreement concluded between the Seller without the simultaneous presence of both parties, using the website

e) Seller - Natalia Skommer, running a business under the name Dent-Guard with its seat in Czapurach (61-160) 28E Gromadzka Street, registered in the Central Register and Information on Business Activity, NIP 782-292-28-29;

f) Website - an organized IT and information platform connected to the Internet, administered by the Seller, which allows Buyers to conclude distance sales contracts at the Online Store

(g) Goods - any movable property offered for sale by the Seller and additional services offered by the Seller, with the exception of delivery

h) Order - a declaration of will of the Buyer, aiming directly at the conclusion of a Contract for sale of Goods at a distance through the Online Store, specifying the type and number of Product

Special conditions of sale

§ 3

The sales offer includes only Goods that have been authorized for marketing in the territory of the Republic of Poland, have the manufacturer's or importer's marking, compliance marks required by law, and have been purchased from authorized entities in accordance with applicable laws.
The Goods may only be used for their intended purpose, in a manner consistent with the information provided by the Seller or the manufacturer in the leaflet attached to the Goods, on their packaging, in the Online Store or on the manufacturer's website.
The Seller shall not be liable for any damages resulting from the use of the Goods by the Buyer in a manner inconsistent with their intended use or the information referred to in paragraph 2.

4.The packaging of the Goods presented in the Online Store is for informational purposes only. Changing the packaging does not affect the properties of the offered Goods.

§ 4

In order to conclude a contract of sale of Goods at a distance, it is necessary to go to the website www.dent-guard.pl, and then make a selection of Goods available in the Online Store and place an Order with an indication of the place of delivery of the Goods, taking subsequent technical actions based on the messages or information displayed to the Customer.
Buyers can place Orders 24 hours a day, 7 days a week, by filling out the Order form provided on the Online Store.
The condition for the execution of the Order is:

(a) acceptance of these Regulations;

b) the Buyer is thoroughly familiar with the description of the Goods and information on their use and contraindications to use;

c) provision by the Buyer of the necessary personal data, in particular: name and surname / name, address of residence / registered office or address for delivery, contact telephone number, e-mail address and, if a VAT invoice is requested, also NIP.

The Buyer will be notified that the Order has been accepted for processing by a return message, sent to the e-mail address provided in the form.
The contract of sale of the Goods shall be concluded upon receipt by the Customer of the e-mail message referred to in paragraph 6.
If incorrect or incomplete data is included in the form, preventing the delivery of Goods, it will not be accepted for delivery.

§ 5

The Buyer, when purchasing the types of Goods indicated by the Seller, may order the Seller, for an additional fee, to place an additional marking or symbol indicated by him on the Goods.
In the case referred to above, the Buyer declares that the designation or symbol indicated by him does not infringe the rights of third parties, and in the event of such infringement he shall be fully liable therefor.
The Seller may withdraw from the execution of the order referred to in paragraph 1 if, for technical reasons, the marking or symbol indicated by the Buyer is not suitable for placement on the Goods or if there is a reasonable suspicion that the indicated marking or symbol may violate the rights of third parties.
In the case referred to in paragraph 3, the Seller shall be obliged to inform the Buyer of this fact even before proceeding with the execution of the Order, in order to allow the Buyer to exercise the right of withdrawal referred to in § 9.

§ 6

If there is any hindrance or discomfort during the use of the Goods, the Buyer shall immediately stop using the Goods and contact the Seller by e-mail or letter.
The Seller shall not be liable for damages resulting from the use of the Goods if the Buyer has not followed the above recommendation and has continued to use the Goods despite the circumstances referred to in paragraph 1.

Payment methods

§ 7

The quoted prices of the Goods do not include the cost of its delivery.
The Buyer is bound by the price of the Goods in effect at the time he places the Order.
Each sale of Goods is documented with a bill, and at the request of the Buyer, notified when ordering the Goods, a VAT invoice is issued.
The buyer has the right to choose the method of payment and delivery, which he realizes when submitting the Order form.
The following forms of payment are possible:

a) by bank transfer to the Seller's account,( 31 1240 6566 1111 0011 0730 6244)

b) cash on delivery - payment in cash at the courier or post office upon receipt of goods,

c) payment through the online store, implemented by Przelewy24

The Buyer shall bear the full cost of processing the Order, which means that each time the cost of its delivery will be added to the price of the Ordered Goods. Costs of realization of the Order depend on the choice of the form of shipment, its size, weight and place of delivery (in case of shipment abroad) and will be each time indicated by the Seller before concluding the Contract of sale.

Order Processing

§ 8

The deadline for the Seller to proceed with the Order depends on the payment method selected by the Buyer and is:

a) when paying "cash on delivery" or through the online store, the Goods are shipped to the Buyer within 5 working days counted from the day following the day of placing the Order.

b) when paying by bank transfer - the Goods are sent to the Buyer immediately after the payment is recorded on the Seller's account, but no later than within 5 working days counted from the day following the day the payment is recorded on the Seller's account.

The ordered Goods will be delivered to the Buyer via a courier company or the Polish Post Office, depending on the choice made by the Buyer in the Order form.
The Order will be fulfilled provided that the Ordered Goods are available. In case of unavailability of the Goods, the Buyer will be immediately informed about cancellation of the Order due to lack of Goods or the need to wait longer for fulfillment of the Order with a request to confirm the will for further fulfillment. If the Goods are not available or the Buyer is not willing to continue processing the Order, the Buyer will be promptly refunded the fees he has paid.
In addition, the Seller reserves the right to refuse execution of the Order and delivery of the Goods in case of inability to execute the Order resulting from the fault of third parties, withdrawal from sale or suspension of sale of the Goods in question in the territory of Poland during execution of the Order, as well as failure to observe these Regulations by the Buyer.
In the case described in the paragraph above, the dues paid by the Buyer for the Order will be refunded to the Buyer within 30 working days, to the designated bank account number.
In the situation where the Seller attempts to deliver the Goods and fails to do so for reasons attributable to the Buyer, the Seller shall have the right to charge the Buyer for the costs of delivery incurred by the Seller.
Upon receipt of the shipment with the Ordered Goods, the Buyer should inspect the shipment and if found:

(a) mechanical damage to the contents of the shipment,

(b) incompleteness of the shipment,

The Buyer is entitled to refuse the shipment. In this case, the Buyer should immediately notify the Seller of the situation in order to prepare a new delivery.

Resignation and return

§ 9

In accordance with Article 38 of the Law on Consumer Rights, products that are not prefabricated, manufactured to the consumer's specifications or that serve to meet the consumer's individualized needs are not returnable.
The right of withdrawal from the contract of sale does not apply to the Consumer in the event of an Order of Goods with the characteristics specified by the Consumer in the Order placed by him or closely related to his person.
In order to withdraw from the Sales Contract, the Consumer may, before the personalized Goods are made for him, without giving any reason, submit a written statement of withdrawal to the Seller. The statement of withdrawal from the Sales Contract should be submitted to the following e-mail address: kontakt@dent-guard.com
In the event of withdrawal from the contract, within no more than 14 days from the date of withdrawal, the Consumer shall be obliged to return the received impression set, and the Seller shall return the price of the Goods, provided that:

(a) the price will be refunded not earlier than after the Seller receives the returned impression set, which:

-will be returned in a condition bearing no signs of its use and complete

-in case of using, destroying or not returning the impression set, the Buyer will not receive a full refund and the refund will be reduced by the amount of the used impression set ( 35 PLN/pc)

(b) delivery costs are not refundable.

Refund of the price will be made by transfer to the bank account of the Consumer indicated in the statement within 14 days of receipt of the returned impression set (or if the withdrawal from the contract took place before shipment of the set - from the date of withdrawal from the contract)
The cost of returning the impression set shall be borne by the Consumer, and the cost of returning the price shall be borne by the Seller.

c) in case of failure to return the received impression set or sending it back incomplete or damaged, the buyer bears the cost of 35 PLN

Seller's liability in case of non-compliance of the Goods with the contract

§ 10

The Seller shall be liable to the Consumer for non-compliance with the contract of sale of the Goods purchased by that Consumer, to the extent specified in the Act of July 27, 2002 on specific terms and conditions of consumer sales and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended).
If the received Goods are not in conformity with the contract, the Consumer has the right to report the non-conformity within two months from the discovery of non-conformity.
Goods are presumed to be in conformity with the contract if they are suitable for the purpose for which such goods are normally used, and if their properties correspond to the characteristics of goods of this type.
In the case of individual agreement on the characteristics of the Goods, it is presumed that they are in accordance with the contract if they correspond to the description given by the Seller or have the characteristics of the sample or model presented to the Consumer, and also if they are suitable for the purpose specified by the Consumer at the conclusion of the contract, unless the Seller has raised reservations about such purpose of the goods.
The basis for acceptance of a report of non-conformity of the Goods with the contract is the presentation by the Consumer with the application of proof of purchase of the Goods.
The cost of filing a report of non-conformity of the Goods with the contract and its transfer to the Seller for consideration of the report shall be borne by the Consumer.
The Seller will respond to the notification of non-conformity of the Goods with the contract within 14 days after the notification.
The Seller shall be liable for non-conformity of the Goods with the contract only if it is discovered before the expiration of two years from the issuance of such Goods to the Consumer.
The Seller shall not be liable for non-conformity of the Goods with the contract when the Consumer, at the time of the conclusion of the contract, knew or, judging reasonably, should have known about this non-conformity.

§ 11

Any personal information provided to the Seller through the website, is provided by the Buyer voluntarily.
The Buyer agrees to store and process the personal data provided by him, in the Seller's computer database, for the purpose of carrying out the Order and to inform about other current offers and promotions.
The administrator of the personal data provided is the Seller
The Buyer has the right to control the processing of the data that concerns him, including, in particular, the right to inspect the personal data provided by him and the right to request their modification or deletion.
The Seller shall apply technical and organizational measures to ensure the protection of the processed personal data appropriate to the risks and categories of protected data, and in particular shall protect the data from being disclosed to unauthorized persons, from being taken by an unauthorized person, from being processed in violation of the Act, and from being altered, lost, damaged or destroyed.
In accordance with the Personal Data Protection Act of August 29, 1997, the Seller may entrust the processing of Buyers' personal data to an external entity in whole or in part. The entity acting on behalf of the Seller in such a scope, will be indicated in the consent clause for the processing of certain personal data.

Responsibility

§ 12

The Seller shall not be liable for technical problems or technical limitations occurring in the computer equipment, terminal equipment, data communications system and telecommunications infrastructure used by the Buyer, which prevent the Buyer from using the services offered through the Online Store correctly.
The Buyer shall be solely responsible for ensuring technical compatibility between the computer equipment or terminal equipment and data communications or telecommunications system it uses to use the Website and the Website.
The seller is not responsible for:

a) loss of data by the Buyer caused by hardware or system failure or other circumstances for reasons beyond the Service Provider's control,

(b) the consequences of the Customer's use of the Website in a manner that is contrary to applicable law, the provisions of the Terms of Use, or accepted customs in this regard,

(c) the speed of data transmission and related limitations, which are the result of circumstances of a technical and technological and infrastructural nature, among others,

(d) the content of any statements made by the Buyer, which were posted through the Website,

(e) for the content of advertisements placed on the Website by third parties.

The Seller is not responsible for the unavailability of the Website or the Online Store due to force majeure, as well as the acts or omissions of the Buyer and third parties for whose acts or omissions the Buyer is responsible.
The Seller further reserves the right to suspend or terminate the provision of services, in particular due to the need for maintenance, overhaul or expansion of the technical base, where this will not violate the rights of the Buyer.

Complaints

§ 13

The buyer has the right to complain about the product up to 3 months after receiving the product.
In the case of defects in the product observable at the time of receipt (i.e., comments on the graphics, poor fit of the product, non-conformity of the goods with the order), the buyer has the right to complain about the product up to 14 days after receipt.
The complaint is processed no later than 2 working days after receipt.
In order to process a claim, it is necessary to provide a receipt/FV or other proof of payment.
The claimed product must be returned to the address of the studio no later than 14 days from the date of the complaint.

PRIORITY and EXPRESS ordering

§ 14

EXPRESS service

Buying the service guarantees a reduced turnaround time from the moment the Dent-Guard studio receives a properly taken impression of your teeth. The day of receipt of the impression is considered to be the hours between 10:00 am and 4:00 pm of a business day. Example: the impression is delivered/collected on Friday at 5:30 p.m. The nearest Monday is considered as the day of receipt of the impression.
Express service guarantees the completion and shipment of the finished product on the business day following the day of receipt of the shipment, taking into account the hours of operation of the studio as above.
Express service applies to all products except custom-printed mouthguards
The Dent-Guard Studio reserves the right to refuse the EXPRESS service in the case of an incorrectly taken impression, atypical dentition or any other reason beyond the studio's control significantly hindering the performance of the product. If the EXPRESS service cannot be performed, the payment for the service is refunded to the Buyer's account on the day the inability to perform the service is discovered.

PRIORITY service

Buying the service guarantees a reduced turnaround time from the moment the Dent-Guard studio receives a properly taken impression of your teeth. The day of receipt of the impression is considered to be the hours between 10:00 am and 4:00 pm of a business day. Example: the impression is delivered/collected on Friday at 5:30 p.m. The nearest Monday is considered as the day of receipt of the impression.
PRIORITY service guarantees manufacture and shipment of the finished product within 7 working days from the day of receipt of the impression for the 1st day counting the day after the day of receipt of the impression ( taking into account working hours as above)
PRIORITY service applies to all products.
The Dent-Guard Studio reserves the right to refuse the EXPRESS service in the case of an incorrectly taken impression, atypical dentition or any other reason beyond the studio's control significantly hindering the performance of the product. If the EXPRESS service cannot be performed, the payment for the service is refunded to the Buyer's account on the day the inability to perform the service is discovered.

Shipping your own tooth model

§ 15

It is possible to manufacture products on the basis of a tooth model sent by the customer. In this case, models are not returned due to the possibility of their damage during production and the use of techniques that are a company secret in production.
The buyer is obliged to inform the Dent-Guard studio about the shipment of his own model at the time of purchase. This information can be provided by email or message to the seller (regardless of the platform on which the purchase was made)
It is possible to make products on the basis of a 3D model or a digitally downloaded model. In the case of a digitally downloaded model, the Dent-Guard studio may charge an additional fee by informing the Buyer before the purchase is made.

Additional costs

§ 16

When making a purchase, the buyer bears the shipping cost. The shipping cost includes the shipping of the impression set and the final product.
The cost of shipping the downloaded impression to the address of the studio shall be borne by the Buyer. The buyer is obliged to ship, pay for the shipment and send the package containing the dental impression to the address of the studio (28E Gromadzka Street, 61-160 Czapury) or to the designated parcel machine (CPR01M). In the case of shipping to a parcel machine, the Buyer is obliged to provide the recipient's data: phone number: 669 346 988, email address: kontakt@dent-guard.pl.
In the case of whitening trays and whitening trays with gel ordered to a parcel machine, the return label is sent and paid for by the Seller.
In the case of an incorrectly taken impression, the buyer bears the cost of shipping an additional set (35 PLN + shipping cost)

Final provisions

§ 17

The content of the website and the Online Store, including, in particular, the photos, graphic signs, logos and markings placed on it, are protected by copyright.
Any copying, processing, duplication or other use of the content referred to in paragraph 1 without the consent of the Seller is prohibited, under pain of criminal and civil liability.

§ 18

The Seller reserves the right to amend these Terms and Conditions at any time. Changes to the Terms and Conditions are effective from the moment they are clearly indicated and posted on the Website.

§ 19

Any questions, comments, requests or statements regarding the functioning of the Online Store, offered Goods or completed Orders, Buyers may report by e-mail or letter to the following addresses: kontakt@dent-guard.pl or Dent-Guard ul. Gromadzka 28E, 61-160 Czapury.

§ 20

Settlement of any disputes arising between the Seller and the Buyer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Buyer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

§ 21

In matters not covered by these Regulations, the provisions of the Civil Code and other applicable laws shall apply.

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