Terms and Conditions
Your rights under the Distance Selling Regulations
You have the right to return or cancel your order for a full refund (including the delivery charge, if any) within 7 working days of receiving your order. You are liable for any delivery costs incurred returning the items to X Factor Smile.
Ordering from Us
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
We may refuse to accept an order:
1. Where goods are not available;
2. Where we cannot obtain authorisation for your payment;
3. If there has been a pricing or product description error; or
4. If you do not meet any eligibility criteria set out in our terms and conditions.
Data storage
Your credit card information is handled solely by our banks secure server and is not stored on our servers. Once your information reaches them, it resides on a server that is heavily guarded both physically and electronically. Our servers sit behind an electronic firewall and are not directly connected to the Internet, so your private information is available only to authorized computers.
Disclaimer
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.The material on this Website is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provides you with this Website on the basis that we excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Important Legal Information: UK/EU Orders Only
On September 20th of 2011 the EU amended the law that covered the use of and supply of Teeth Whitening products that contain Hydrogen Peroxide. The EU Directive has now stated that it considers the use of Hydrogen Peroxide products with levels of up to 6% are safe to use but you must have had your first treatment at a Dentist. This amendment only applies to the UK & EU.
By ordering from the website and by agreeing to our terms and conditions on the checkout page you are confirming that;
You hold a valid qualification in Dental Surgery from an appropriate European Union university OR if you are not a dental professional, you have had an initial treatment utilising a hydrogen peroxide-based teeth whitening product by your Dentist and they have given you their approval to use the type of teeth whitening product(s) available from this website in order to complete a cycle of treatment.
Peroxide products with >6% hydrogen peroxide (or equivalent) are ONLY available for research purposes and are NOT intended for cosmetic use if purchased for delivery within the European Union. By placing your order you are agreeing to this condition.
We reserve the right to make random checks on individuals who order to ensure that they are dental professionals and are using the products in accordance with the law. If we feel these products will not be sold/used in a legal manner we will CANCEL your order.
For all orders of non-peroxide products, or non UK/EU orders, these conditions DO NOT apply.