Terms and Conditions (EU)

These are the terms and conditions on which we supply products to you (“Terms”). They set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by EU law (including the Consumer Rights Directive 2011/83/EU as transposed into Maltese law).

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.

1. WHO WE ARE AND HOW TO CONTACT US

“We”, “Us” or “Our” means Instasmile Europe Ltd (Company Registration Number: C113039) trading as ‘instasmile’. Our registered office is located at Trident Park, Notible Gardens, Central Business District, Birkirkara, CBD 2010, Malta.

“You” or “Your” means the person using our site to buy Products from us.

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 when placing your Order.

"Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

“Product” refers to any of the following: Impression Kit, The Clip-on Veneers, Warranties, Customer Service and Express Production.

2. OUR TERMS OF SALE

instasmile products are solely intended to be removable cosmetic accessories. Each product is custom-made and bespoke to an individual’s unique dental profile at the time of an impression and as such each product may vary in size, shape and structure from those advertised on the website including re-orders.

Important EU notice regarding custom-made / personalised goods:

All Clip-on Veneers and final custom products are goods made to your specifications or are clearly personalised. Under Article 16(c) of the Consumer Rights Directive 2011/83/EU, the right of withdrawal does not apply to such goods. This exception applies from the moment we receive your completed impression (even if manufacturing has not yet started).

3. OUR PROMISE TO YOU

We will ensure that each product manufactured fits securely in the mouth and provides a cosmetic enhancement to your natural teeth on the proviso that we receive an accurate impression from you. Should this not be possible we will inform you at our earliest convenience.

4. YOUR PROMISE TO US

4.1 You guarantee to provide an accurate impression of your teeth and to provide images of your natural teeth so we can determine your suitability for the product.

4.2 Should you wish to use a previous impression that we have on file; you accept full responsibility for the use of this impression and proceed on the basis that there have been no changes to your dental profile that could affect the fit of the product. We cannot be held liable for any fit issues should you choose to use an existing impression. You must notify us of any changes to your profile.

4.3 If a product is deemed defective on receipt and you have provided the necessary evidence then you must allow us to remake the product for you.

5. LIMIT OF LIABILITY

5.1 The Company has no dental professionals and does not carry out the practice of dentistry in any way. The Company neither offers professional advice nor provides any treatment or other dental or medical service. If you have any underlying health issues or allergies that may affect the use of the product(s) we always recommend seeking the advice of a medical professional before placing your order. If you have any queries or concerns regarding the suitability of any of our products please contact us before placing your order. Use of our products is at your own risk.

5.2 You accept that unless we have been negligent, we will not be held liable for any loss, damages or injury associated with applying for, accepting, or using the Products. We will not be responsible if you develop any allergies or adverse reactions as a result of using the Products.

5.3 We make no other warranties other than as expressly stated in these Terms and reject any and all other warranties of any nature including but not limited to fitness for purpose etc. Should you provide false information during the order process we cannot be held liable for any arising fit for purpose issues.

5.4 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable Maltese or EU law. Subject to the above, our liability to you will be limited to refunding you the price paid for the Products.

6. USE OF OUR PRODUCTS

6.1 Eating with the Product

As long as your natural dental profile permits; you are able to eat softer foods with the product in place.*

*Please note this is based on a normal dental profile with no missing teeth and no bite issues. Should your dental profile not permit it, we cannot be held liable for any fit issues nor breakage to the product.

6.2 General Wear

As long as your natural dental profile permits; you are able to wear the veneers as often as you like. We recommend that you take your product out regularly to clean and maintain.

Please be advised that excessive use could lead to breakages.

You should take your instasmile out before going to sleep.

6.3 Dental Adhesives

For some customers it may be necessary to add a dental adhesive to the product for extra retention. The products are compatible with all leading brands of dental adhesives.

6.4 Side effects

There should be no side effects from using the products unless you have underlying health issues. If you experience any side effects, you should cease use of the Products immediately and contact us. If you have any allergies or known chemical sensitivity, you should inform us before placing your order.

6.5 Age restriction

If you are under the age of 18 you may not buy Veneers from us unless consent is given by a parent or guardian.

7. OUR CONTRACT WITH YOU

After placing an order on our website you will receive an electronic order confirmation from us. At this point your order has been accepted and a legally binding contract has been formed between you and us.

8. OUR RIGHTS TO END THE CONTRACT WITH YOU

8.1 We may terminate the contract if at any time:

8.1.1 You do not make any payment to us when it is due and you continue to not make payment within 7 days of us reminding you that such payment is due;

8.1.2 You do not, within 90 days from order, provide an accurate impression that our technicians can work with to manufacture a bespoke product;

8.1.3 It becomes apparent that you have provided us with dishonest or inaccurate information or images during the order process;

8.1.4 You move address, change the delivery address or fail to accept delivery of the products without letting us know;

8.1.5 You make or publish any fraudulent, untrue, defamatory, threatening, abusive, offensive, obscene or otherwise inappropriate statements or allegations about us, our officers or our employees (including on social media);

8.1.6 Your Order with us was placed over 12 months ago and you have not been in contact with us for a period of 6 months or more;

8.1.7 You lodge a chargeback with your payment provider;

8.1.8 You return physical impressions to us without written authorisation;

8.1.9 Your dental profile changes from the time of order thus affecting your suitability for the product and/or impressions on file.

8.2 If we agree not to terminate the agreement (in part or in full) and are able to reach a compromise with you, we reserve the right to charge an administration fee at our discretion and waive any warranties associated with the product.

8.3 If we are unable to manufacture a fitting product due to an inaccurate impression(s), we reserve the right to charge an administration fee at our discretion and waive any warranties associated with the product.

9. YOUR RIGHTS TO END THE CONTRACT (RIGHT OF WITHDRAWAL)

Important EU notice regarding the 14-day cooling-off period:

You have the right to withdraw from the contract within 14 days without giving any reason only in respect of the Self-Impression Kit (a standard, non-personalised product), provided the kit is returned unused (no dental impression has been taken with it).

Because the Clip-on Veneers are custom-made to your specifications or clearly personalised, you do not have a right of withdrawal once we have received your completed impression. The exception under Article 16(c) of the Consumer Rights Directive 2011/83/EU applies from that moment, even if manufacturing has not yet started.

9.1 The 14-day withdrawal period begins on the day you (or a third party indicated by you) receive the Self-Impression Kit.

9.2 To exercise the right of withdrawal (where it still applies), you must inform us of your decision by a clear statement (e.g. by email) before the 14-day period expires. You may use the model withdrawal form which we will make available on our website.

9.3 If you withdraw from the contract in accordance with this clause, we will reimburse all payments received from you for the Impression Kit. We will make the reimbursement without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment as you used for the initial transaction.

9.4 You will have to bear the direct cost of returning the unused Impression Kit to us.

10. LEGAL GUARANTEE OF CONFORMITY (EU LAW)

In addition to any commercial warranty we may offer, you benefit from the statutory legal guarantee of conformity under Maltese and EU law. The products must be in conformity with the contract for a minimum period of 2 years from delivery. If a product is not in conformity, you may be entitled to repair, replacement, a price reduction or a refund (subject to the conditions set out in the Consumer Rights Directive and Maltese law).

11. PRICE AND PAYMENT

11.1 All prices are shown in Euros (€) and include VAT (where applicable).

11.2 The price of the Product will be the price indicated on the website at the time of your order (subject to any obvious pricing errors, which we reserve the right to correct).

11.3 Payment must be made in full at the time of ordering unless we have agreed an instalment plan with you.

11.4 If you are paying by instalments and miss a payment, your order may be suspended or cancelled in accordance with clause 8 above.

12. DELIVERY

12.1 We will dispatch the Self-Impression Kit within 3 business days of receiving your order.

12.2 Manufacturing of the final custom product typically takes up to 21 business days from the date we receive an accurate impression.

12.3 Delivery of the final product will be completed when we deliver it to the address you provided. Risk in the Products passes to you on delivery.

12.4 Title to the Products passes to you only once we have received full payment.

12.5 We do not deliver to certain restricted territories (full list available on the website).

13. OTHER IMPORTANT TERMS

13.1 Online Dispute Resolution

If you have a complaint, you can use the EU Online Dispute Resolution platform: https://ec.europa.eu/odr

13.2 Governing Law

These Terms are governed by the laws of Malta. This does not affect any mandatory consumer protection rights you have under the law of the EU Member State in which you reside.

13.3 We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

13.4 If any court or competent authority decides that any part of these Terms is illegal, the rest will continue to be in full force and effect.

13.5 Even if we delay in enforcing our rights, we can still enforce them later.

13.6 These Terms may be updated from time to time. The version in force at the time of your order will apply.