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Terms of Service

Last updated: [DATE]

1. About us

This website and our products are provided by [COMPANY NAME] Ltd, trading as SparkSmile, a company registered in England and Wales under company number [COMPANY NUMBER], with its registered office at [REGISTERED OFFICE ADDRESS]. [Our VAT number is [VAT NUMBER].] You can contact us at [CONTACT EMAIL].

These terms apply to every order you place with us. Please read them before ordering. By placing an order you confirm you accept them.

2. Who can order

  • You must be 18 or over and ordering for yourself, as a consumer.
  • We deliver to UK addresses only.
  • Each custom order is made for one person's teeth. Please place a separate order for each person.

3. Our products and how they work

Custom Whitening System and Custom Trays are made to order from an impression of your teeth that you take at home:

  1. We post you an impression kit with instructions and a prepaid return mailer.
  2. You take your impression and post it back to us.
  3. We check your impression and, if it is usable, make your custom trays in our UK lab and post them to you.

The Custom Whitening System includes whitening gel; Custom Trays do not. Whitening gels and spare trays can also be bought on their own or added to an order where offered.

Our whitening gels are cosmetic products supplied in line with UK cosmetics regulations. Results vary from person to person and we do not promise a particular shade or outcome.

4. Is it right for you?

Please don't use our products, and speak to a dentist first, if you are under 18, pregnant or breastfeeding, have untreated tooth decay, gum disease, very sensitive teeth, or recent dental work, or if a dentist has told you not to whiten your teeth. Our products are not a dental treatment and are not a substitute for advice from a dentist. Always follow the instructions supplied with your kit, trays and gels, and stop using them if you feel discomfort.

5. Ordering and our contract with you

Our checkout is provided by Shopify. After you place an order we email you an order confirmation. Our contract with you starts when we send that confirmation. If we can't accept your order (for example, because of a delivery address outside the UK or a pricing error), we'll tell you and refund any payment.

6. Prices and payment

Prices are shown in pounds sterling and include VAT where applicable. [Delivery to UK addresses is included in the price / Delivery costs are shown at checkout.] Payment is taken when you order. Card and wallet payments are processed securely by Shopify and its payment partners; we never see or store your full card details.

7. Delivery

We post orders by Royal Mail with tracking. See our Shipping policy for timings. You can follow your order's progress on our Track my order page.

8. Your impression

  • Please follow the instructions carefully and post your impression back within [30] days of receiving your kit.
  • We check every impression. If we can't make trays from it, we'll contact you and post you one replacement kit free of charge. Any further replacement kits cost £[PRICE] each.
  • If we haven't received your impression within [90] days of your kit being delivered, and we haven't been able to reach you, we may close your order. [We will refund the price of the trays, less £[KIT PRICE] for the kit.]

9. Cancelling your order

Because your trays are made specifically for you, the usual 14-day right to cancel does not apply once we have started making them (Consumer Contracts Regulations 2013, regulation 28(1)(b)). Before then:

  • Before we post your impression kit: you can cancel for a full refund.
  • After we post your kit, and before we start making your trays: you can cancel within 14 days of receiving the kit. Please return the kit unused (contact us and we'll arrange it). If the impression materials have been opened or used, we may deduct £[KIT PRICE] for the kit, as sealed impression materials can't be resold for hygiene reasons.
  • Whitening gels and other stock items: you can cancel within 14 days of delivery and return them unopened, with seals intact. Opened gels can't be returned for health and hygiene reasons (regulation 28(1)(c)), unless they are faulty.

To cancel, email [CONTACT EMAIL] with your order number. We'll refund you within 14 days of the cancellation (or, where goods must be returned, within 14 days of receiving them back), to your original payment method.

10. Our fit promise

If your custom trays don't fit properly, tell us within 14 days of delivery and we'll remake them free of charge. We may ask for photos, and we may need you to take a new impression, in which case we'll post you a new kit free. See our Returns & remakes policy.

11. Faulty or damaged items

Nothing in these terms affects your legal rights. Under the Consumer Rights Act 2015, goods must be as described, fit for purpose and of satisfactory quality. If something arrives faulty or damaged, contact us and we'll put it right: by repair, replacement or refund, as the law provides.

12. Our responsibility to you

We are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable, for business losses, or for problems caused by not following the product instructions. We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud, or for breach of your legal rights as a consumer.

13. Events outside our control

If something outside our reasonable control (such as postal disruption) delays your order, we'll let you know and do what we can to minimise the delay. If the delay is substantial you may cancel and receive a refund for anything not yet provided.

14. Your information

We use your personal information as described in our Privacy policy.

15. Other important terms

  • We may update these terms from time to time. The terms in force when you place your order apply to that order.
  • If a court finds part of these terms unenforceable, the rest still applies.
  • These terms are governed by the law of England and Wales. You can bring legal proceedings in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts of your home nation.
  • If you have a complaint, please contact us first at [CONTACT EMAIL] and we'll do our best to resolve it.