Terms and Conditions
Terms and Conditions of Supply for Customers
These terms and conditions (together with the documents referred to in it) are the terms and conditions on which we supply any of the Products listed on our Sites to you.
Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our Sites. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
- In these terms and conditions, the following words and phrases shall have the following meanings:
Bridge Dental Laboratory Limited, a company registered in England and Wales with company number 04581679. Our registered office is 31/33 Commercial Road, Poole, Dorset, BH14 0HU, trading from Units 8-11, Sea Vixen Industrial Estate, Wilverley Road, Christchurch, Dorset, BH23 3RU;
the contract between Bridge Dental and the Customer for the sale and purchase of the Products in accordance with the Order and these terms and conditions;
Customer, you and your
the person or firm who purchases the Products from us;
has the meaning in clause 4.3;
Force Majeure Event
force majeure events include, but are not limited to, acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure of its subcontractors to perform their obligations. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations;
Order and Ordered
the Customer’s completed order form for the Products;
has the meaning in clause 4.2;
the products (or any part of them) supplied by Bridge Dental to the Customer as set out in the Order;
our websites: www.bridgedentallab.com, www.gumz.co.uk, www.dentures2go.com, www.mouthguards.org.uk, www.gumshields.com and www.worldwhitening.com from which you can place Orders.
- Clause headings shall not affect the interpretation of these terms and conditions.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
- This policy shall be binding on, and ensure to the benefit of, the individuals affected by these terms and conditions and their respective personal representatives.
- A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
- A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
- A reference to writing or written includes e-mail.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- How To Contact Us
You can contact us by telephoning our office on 01202 486113 or by writing to us at email@example.com Units 8-11, Sea Vixen Industrial Estate, Wilverley Road, Christchurch, Dorset, BH23 3RU.
- By placing an Order through our Sites, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
- By placing an Order through our Sites, you warrant that:
Our Contract With You
- Your Order constitutes an offer to us to purchase a Product.
- (Website Orders) After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order(the “Order Confirmation”). Please note that theOrder Confirmation does not mean that your Order has been accepted.
- (Website Orders) All Orders are subject to acceptance by us. We will confirm such acceptance to you by sending an e-mail that confirms the Products have been dispatched (the “Dispatch Confirmation”).
- The Contract will only be formed when the Dispatch Confirmation has been sent by us.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
- We may be unable to accept your order if:
- the Product is out of stock;
- your bank does not confirm that payment can be taken from your credit or debit card;
- we have identified an error in the price or description of the Product; or
- because we are unable to meet a delivery deadline that you have specified.
- If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Product.
- The images of the Products on our Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
- If we are making a Product to particular specifications that you have requested, you are responsible for ensuring that these measurements are correct.
- If you wish to make a change to a Product you have Ordered please notify us in writing. We will let you know whether the change is possible and whether there will be any changes to the price of the Product or the timing of supply.
Availability And Delivery
- The costs of delivery of the Products will be such costs as are displayed on our Sites from time to time.
- Your Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances (as listed in condition 20).
- If our supply of the Products is delayed by a Force Majeure Event then we will provideyou with notice, in writing, and we will take steps to minimise the effect of the delay.
Risk And Title
- Risk in the Products will pass to the Customer from the time of delivery of the Products to the address stated on the [prescription/order] form.
- Title to the Products will only pass to the Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price And Payment
- The price of the Products will be as quoted on our Sites from time to time, except in cases of obvious error. The price shall be as specified on the Company’s price list (available on request) or websites, at the date of acceptance of the Order. The Company reserves the right to amend its price list at any time in its absolute discretion. The Company will endeavour to send current clients a new price list at least one month before it comes into force but is not obliged to do so. All prices are in £ sterling.
- Product prices exclude VAT where applicable. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT that you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- Product prices and delivery charges are liable to change at any time, but changes will not affect an Order forwhich we have already sent a Dispatch Confirmation.
- Our Sites contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our sites may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Sites we will, at our discretion, either contact you for instructions before dispatching the Product, or reject your Order and notify you that we are rejecting it.
- If the pricing error is obvious and could reasonably have been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
- Website Orders - Payment for all Products must be made in advance by credit or debit card. We accept payment with Maestro, Debit MasterCard, Visa Debit, Visa Electron, MasterCard, Visa and via PayPal. We will charge your credit or debit card when the Order is placed.
- Dental Surgery Orders - For Customers allocated credit accounts. The Customer shall pay the Price within 30 days of the date of the invoice without deduction or set off. The time of payment of the Price shall be of the essence of the Contract. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date if payment at a rate of 3% above Barclays Bank base rate from time to time in force. The Customer shall indemnify the Company against all costs of recovery (either of the Products or the Price as appropriate) including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonored cheques will be payable by the Customer. The Company reserves the right to suspend all further deliveries to the Customer, until any overdue payment has been made or to cancel the Contract so far as any Goods remain to be delivered.
- If you think the invoice contained in the Dispatch Confirmation is wrong, please contact us promptly to let us know. Any overpayment will be returned to the account from which a payment is received.
Returns and Refunds
If you return a Product to us:
- because you have cancelled the Contract within the time period as set out in condition 4, we will refund the price of the Product in full; or
- for any other reason (for instance, because you have notified us in accordance with condition 24that you do not agree to a change in these terms and conditions, or because you consider that the Product is defective), we will examine the returned Product and will notify you with confirmation of your refund via e-mail within a reasonable period.
- If you return a Product to us:
- We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the date on which we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product, any applicable delivery charges and all reasonable costs you incur in returning the item to us in full.
- The maximum refund for delivery charges will be the costs of delivery by the least expensive delivery method we offer.
- We warrant to you that any Product purchased from us through our Sites will, on delivery (and for the periods set out below) conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
The warranty periods for our Products are as follows:
- Gumshields or Mouthguards 3-6 months;
- Soft/softhard Nightguards 1-3 months;
- Hard Nightguards 3-6 months;
- Snore Guards or Silensor Devices 6 months;
- Gingiva Masks 6 months;
- Bleaching Trays 1-3 months;
- Ortho Appliances 6 months; and
- Dentures 12 months.
- Denture repairs or additions are not provided with a warranty, further repairs or adjustments will be made at the company's discretion.
If the Products are defective within the periods set out in condition 2,you can request to either receive a full refund or a replacement Product, provided that:
- you give us notice in writing within 7 days of discovery, and during the relevant warranty period, that a Product is defective;
- we are given a reasonable opportunity to examine the defective Product; and
- you return the Product to us at our own cost.
- However, we reserve the right to repair the Products if the defect is, in our reasonable opinion, minor rather than provide you with a replacement.
10.5 We shall have no liability to you for a defective Product if:
- you make any further use of such Product after giving us notice in accordance withcondition 4(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the Product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
(a) The Customer is responsible for taking accurate impressions and to ensure that these are securely packaged in order to avoid any damage or distortion in the post.
- The Company receives the right to return the prescription form to the Customer and request new impressions to be provided if in its opinion the impressions are inaccurate or imprecise. Alternatively, where the Company decides that it is able to produce the Goods notwithstanding any deficiency in the impressions, and when the Goods are then supplied with a statement to this effect, the Company will not remake any devices inaccurately or imprecisely detailed.
- The Company accepts no liability for any Goods fitted incorrectly by a Customer, a technician or dental surgeon.
Termination By You
- The Contract shall terminate automatically following the expiry of the relevant warranty period defined in condition 2.
Without prejudice to any other rights or remedies you or we may have, the Contract may be terminated immediately by you upon giving notice in writing to us if:
- the Product is faulty or mis-described;
- we have informed you of an error in the price or description of the Product you have Ordered and you do not wish to proceed; or
- there is a risk that delivery of the Products may be significantly delayed by more than 14 days because of events outside our control.
- Where the Contract is terminated in accordance with condition 2, we will offer you a full refund.
All of our Products are made to order and to your particular specifications. Under section 13(1)(c) of the Consumer Protections (Distance Selling) Regulations 2000, you do not have the right to cancel Orders for Productswhich have been made to your own specification. However, we will allow you to cancel an Order within two working days of the date of the Order, provided that:
- the express service has not been requested;
- you have not already received the Products; and
- you have not received a full refund.
Termination By Us
- We may terminate the Contract ifyou do not, within a reasonable time, allow us to deliver the Products to you or you fail to collect the Products from us.
Rights On Termination
- If you terminate the Contract for any reason after the Products have been dispatched to you or after you have received them, you must return the Products to us. You must either return the Products in person or post them back to us at Units 8-11, Sea Vixen Industrial Estate, Wilverley Road, Christchurch, Dorset, BH23 3RU. Please call our customer services line or e-mail us to request a return label or to arrange collection.
- If we terminate the Contract in accordance with condition 1, all sums and invoices will be immediately due and payable by the Customer to us.
Our Liability To A Business
- Nothing in these terms and conditions shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under section 2 of the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
- Nothing in these terms and conditions shall limit or exclude our liability for:
How We May Use Your Personal Information
- All notices given by you to us must be in writing and addressed to Bridge Dental.
- Notice will be deemed received and properly served immediately when posted on our Sites, 24 hours after an e-mail is sent or three days after the date of the posting of any letter.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer Of Rights And Obligations
- The Contractis binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of theContract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of theContract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract which is caused by a Force Majeure Event
- Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will be granted an extension of time for performance of the Contract for the duration of that period.
- If we fail, at any time during the term of the Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 18
- Ifany provision or part-provision of these terms and conditions is or becomes illegal, invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it legal, valid, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this condition 22shall not affect the validity and enforceability of therest of these terms and conditions.
- Entire agreement
21.1 The Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings whether written or oral.
- We have the right to revise and amend these terms and conditions from time to time to reflect any changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order the Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to any orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Third party rights
- A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Law and jurisdiction
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract, the terms and conditions or its subject matter or formation (including non-contractual disputes or claims).