These conditions of sale are concluded, on the one hand, by the "Seller" or the "Company" whose head office is located at Cifton House, Fitzwilliam Street Lower, Dublin, Ireland, D02XT91, registered in the Dublin Trade and Companies Register under the number CRO 666633 hereinafter called "Ligners LTD" and managing the site www.evolusmile.com and,
on the other hand, by any individual or legal person wishing to make a purchase of the company's products or services via the website https://www.evolusmile.com hereinafter referred to as "the buyer" or "the Customer”.
Evolusmile is a service of Ligners LTD.
The head office:
Fitzwilliam Street Lower
CRO (RCS): 666633
It is specified beforehand that these conditions exclusively govern the sales by Evolusmile of dental aligners following an e-consultation and the purchase of an impression kit used as a basis for developing a treatment plan.
These conditions are intended for a consumer who has full legal capacity.
We do our best to satisfy you. On this site, we present you all the essential characteristics of the goods. We will be attentive to the comments you send us (click here to access the "contact us" section)
Article 1 - Definitions and terminology
"Contract" means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions;
"Order": designates each purchase of Product (s) made on the Site by the Customer or reservation of a service after unreserved acceptance of the GTC supplemented, where applicable, by specific conditions;
"Customer": designates the consumer who places an Order on the Site;
"Site Manager": designates the Ligners Company, and its Evolusmile brand;
"Basket": designates the virtual space for the purchase of Product (s) made available to the Customer on the Site and allowing them to add and group together all the products they have selected before confirming their order;
"Product (s)": designates all goods or goods (or any part of them) sold by Ligners and set out in the Order;
"Site": means the Lingers Company website and accessible at the URL address: https://www.evolusmile.com
"Force majeure" means any unforeseeable, insurmountable, irresistible event beyond the control of the parties which, by its nature, could not have been foreseen or, if it could have been foreseen, was inevitable;
Article 2 - Purpose
These General Conditions of Sale determine the rights and obligations of the parties and the conditions applicable to any purchase made through the website https://www.evolusmile.com as part of the online sale of Products or Services offered by the company Ligners.
Detailed description of the activity:
The object of the contract is the online sale of Products and Services by the Seller which are widely detailed on the Ligners Company website and accessible at the URL address: https://www.evolusmile.com and which appear in brochures, documents or any descriptive sheet.
Among the multidisciplinary activities carried out by the company Ligners LTD, that of the sale of aligners finds a privileged place and deserves an attentive description concerning the sales process.
Not being the manufacturer of the goods for sale on the site, the company Ligners LTD exercises this activity with the greatest care by dealing with partners, practitioners and laboratories, of high technical and technological competence.
She is uncompromising in providing the client with 2 essential pieces of information that can guide them in their choice:
1. All the characteristics presented (photos, descriptions ...) are taken from the information given by the manufacturers;
2. Ensure compliance with the manufacturing standards in force;
Raise customer awareness of the need to check compatibility with their product through:
1. An e-consultation and a series of information to be provided.
2. An imprint kit and a detailed educational guide.
3. Communication to the client of a proposed treatment plan and a video 3D.
The company Ligners LTD draws the attention of the customer and by exception to the right of withdrawal (see article 9 of the GTC) that neither the imprint kit nor the aligners can be reimbursed for hygiene and custom design issues.
In accordance with the law, you cannot exercise your right of withdrawal on these products.
The company Ligners LTD reproduces the legal provision which excludes this right of withdrawal in the event of: (The) supply of goods made up according to the consumer's specifications or clearly personalised.
The company Ligners LTD retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or with the aim of improving the use of its site. Therefore, the applicable conditions will be those in force on the date of payment of the order by the buyer or the first payment in case of multiple payments.
Article 3 - Acceptance
The acquisition of a product through this site implies unconditional and unconditional acceptance by the buyer of these conditions of sale which the buyer acknowledges having read before ordering.
They are an integral part of the Contract between the Buyer and the Seller and fully enforceable against the Buyer who accepted them before placing an order.
Before any transaction, the buyer declares on the one hand that the purchase of products on the site https://www.evolusmile.com is not directly related to his professional activity and is limited to a strictly personal use and other share have full legal capacity, allowing it to engage under these general conditions of sale.
The Company also ensures that their acceptance is clear and without reservation by setting up a check box and a validation click.
The Customer declares to have read all of these General Conditions of Sale, and if applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares that he is able to contract legally under European and foreign laws for nationals of other countries or validly represent the natural or legal person for which he undertakes.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
The Customer is informed that the Site and the Products sold on it comply with European legislation. In no case shall the Site Manager give a guarantee of compliance with local legislation which would be applicable to a Customer, as long as the latter accesses the Site from other countries, in particular located outside the European Union. As such, the Customer must ensure, prior to any Order, compliance with the laws and regulations of his country of the Product (s) he plans to buy on the Site.
Article 4 - Products and services
Characteristics of the Products and method of use:
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website, as well as, where applicable, the method of using the product.
The consumer is informed, by marking, labelling, display or by any other appropriate process, of the prices and specific conditions of the sale and the performance of the services before any conclusion of the contract of sale.
In all cases:
1. The total amount due by the Purchaser is indicated on the order confirmation page, which does not include the shipping costs invoiced as an additional charge.
2. These possible costs are indicated to the Buyer during the sales process.
3. When the products or services are not immediately executed, clear information is given on the product presentation page as to the delivery dates of the products or services.
4. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and its activities in the context of this sale.
5. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
6. The period of validity of the Products offer and their prices is specified on the Company's website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services.
7. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
8. The sale of the products presented on the https://www.evolusmile.com site is intended for all buyers residing in countries which fully authorise the entry into their territory of these products.
9. The contractual information is presented in detail.
Availability of Products:
1. The Seller undertakes to fulfil the Customer's order within the limits of the stocks of Products available only. Otherwise, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, it may be cancelled upon request. The Customer may then request a credit for the amount of the item ordered or its full refund and the cancellation of the order.
2. It is specified that apart from the reimbursement of the price of the unavailable Product, the Site Manager is not liable for any cancellation compensation, unless the non-performance of these GTC is personally attributable to them.
Article 5 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
These prices are indicated on the product description pages and on the product order page, and excluding specific shipping costs.
The delivery costs are invoiced in addition to the price of the products purchased according to the total amount of the order.
For all products shipped outside the European Union overseas departments and territories, the price is calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be due in certain cases. These rights and sums are not the responsibility of the Seller. They will be charged to the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the relevant local authorities.
The Company Ligners LTD reserves the right to modify its prices at any time for the future but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.
The costs of accessing the Company's websites are borne by the Client. If applicable also, delivery costs.
All orders regardless of their origin are payable in euros.
Article 6 - Conclusion of the online contract
Impression kit Order:
Following the e-consultation and if the customer is declared eligible for fitting aligners, he can order and pay for their imprint kit without being obliged to create an account on the site at this stage or to commit to the following treatment.
Use of impression kit:
· The client will receive an accurate and detailed guide of using the kit to optimise an impression success.
· Any bad use of impression kit or impression declared as non-workable by the laboratory will result in a new invoicing for a mini kit for the rest of the course.
The receipt of impression kit and the reservations made by Ligners LTD:
· Ligners LTD reserves the right to refuse any treatment for a legitimate reason of feasibility or serious doubts to satisfy the client in order to achieve the expected result
· In some cases (doubts about the state of teeth....), the seller strongly recommends the buyer to provide a panoramic X-ray, which is an essential condition for optimising the success of the treatment.
Any client refusal to follow this recommendation is at their own risk.
If the customer decides to order their aligners, they must create an account on the site https://www.evolusmile.com The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult their account (order status, profile, etc.), must identify themselves with this information (username and password).
You can order online at the website address: https://www.evolusmile.com
The contractual information will be confirmed at the latest at the time of validation of your order, namely:
Information on the essential characteristics of the Product; - Choice of the Product, if applicable, of its options - Indication of the Customer's essential contact details (identification, email, address, etc.); - Acceptance of these General Conditions of Sale - Verification of the elements of the order (double click formality) and, if necessary, correction of errors.
Before confirming, the Buyer has the possibility of checking the details of their order, its price, and correcting any errors, or cancelling their order.
The confirmation of the order will prevail the formation of this contract. It will be worth signature and acceptance of the operations carried out.
The company Ligners LTD reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, difficulty concerning the order received or abnormal request, carried out in bad faith or for any legitimate reason.
Confirmation of the Order:
When you click on "confirm my order", a confirmation message appears. It summarises all the products and options selected.
You must check in this order form all the information transmitted, and in particular all the elements useful for delivery (delivery address, digital code, telephones ...)
If you do not have to modify the form, you must then read these conditions. If you accept them, you must check the box "I have read the general conditions of sale and I accept them without reservation".
To continue your order, you must click on '' pay my order ''.
Then follow the instructions for payment, payment for the products, and delivery of the order.
After payment on our secure server (see '' payment ''), an acknowledgement of receipt is displayed. It confirms the registration of your order and informs you that an electronic confirmation message will be sent to you as soon as possible.
The Customer will receive confirmation by email of the terms of the offer, payment of the order, as well as an acknowledgement of receipt of the order confirming it.
Article 7 - Payment
Payment is due immediately upon order, including for pre-ordered products.
In case of split deliveries, only the products shipped are debited.
The seller accepts payment in 3 instalments with administration fees under the following conditions:
· This payment is exclusively reserved for individuals, on our website, whose billing address is located in Europe.
· This service is offered after a validation of your shopping card by simple payment by bank card with administration fees, without justificatory or specific formalities or acceptance deadline.
· The payment will be accepted only under the following cumulative conditions (on the day of your order):
o Your account must be supplied with an amount of the first instalment;
o the expiration date of your card must exceed the date of your last monthly payment, or 61 days after the date of order;
o Authentication of your identity by confirming the operation by entering the confirmation code sent by your bank on the telephone number you gave them or any other procedure followed by your banking establishment.
· Date of debit and amount:
o 1st payment: The day of order validation.
o 2nd payment: 30 days after the date of order
o 3rd payment: 60 days after the date of order
The act of validating your order implies the obligation for you to pay the indicated price;
You have several means of payment to pay for your purchases on the site:
1. Secure payment by bank card:
Cards issued by banks must be international bank cards (Mastercard, Visa, American Express, etc.).
Payment can be made either on the secure bank servers of our payment service provider SRIPE. This implies that no banking information concerning you passes through our site.
Payment by credit card is therefore perfectly secure: payments via our site are subject to a security system. We have adopted the STRIPE payment module to encrypt and secure credit card details. To protect you from possible intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are processed by our partner, who returns an authorisation number to us; your order will be recorded and validated upon acceptance of payment by the bank you have chosen.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating their banking information during the sale, the Customer authorises the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that they are the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately automatically resolved and the order cancelled.
2. Secure payment by PayPal:
By clicking on the "Confirm my order" button, the buyer is redirected to the PAYPAL secure interface in order to securely enter their PAYPAL account references. If the payment is accepted, the order is recorded and the contract definitively formed.
With PayPal your financial information is never communicated to our site. Indeed, PayPal encrypts and protects your card number.
Article 8 - Retention of ownership
The company Ligners LTD retains full and entire ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 9 - withdrawal period
In accordance with legal provisions, within 14 days of receiving your product, you can exercise your right of withdrawal and thus return the product to the seller for exchange or refund. You do not have to justify reasons or pay a penalty. With the exception of return costs, which remain your responsibility, we will reimburse you for all of the sums paid at the latest within 30 days of your withdrawal and via the same means of payment as that used when ordering.
Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.).
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
• The provision of services fully executed before the end of the withdrawal period and whose execution started after the express prior agreement of the consumer and express waiver of their right of withdrawal.
• The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
• The supply of goods made according to the consumer's specifications or clearly personalised.
• The supply of goods likely to deteriorate or expire quickly.
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
• The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
• The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
• The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
• Transactions concluded during a public auction.
• The supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of their right of withdrawal.
Article 10 - Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are placed by DHL, delivery service with tracking, delivery without signature.
The buyer receives the delivery to their home by their post employee. In the absence of the buyer, they will receive a delivery notice from their post employee, which allows them to collect the products ordered from the nearest post office, for a period indicated by the postal services.
The buyer is required to check, in the presence of the post employee or the delivery person, the condition of the packaging of the goods and their content on delivery. In the event of damage during transport, any complaint must be made to the carrier within three days of delivery.
Delivery times are given for information only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed.
In case of delay in delivery, we will notify you by email as soon as possible and we will suggest a new date.
Transportation risks are the responsibility of the purchaser from the moment the items leave the premises of Ligners LTD.
The delivery costs are invoiced only once per order. For orders of several products with different delivery costs, we only charge the highest delivery costs, even if the order is sent in several packages.
Our delivery costs are calculated based on the size, weight of the packaging and tracking.
You can, from your order basket, view the amount of shipping costs relating to your current order.
Article 11 - Guarantees
All the products supplied by the company Ligners LTD benefit from the legal guarantee of conformity and relating to the hidden defects of the products.
In case of non-conformity of a product sold, it may be returned to the company Ligners LTD which will take it back, exchange it or reimburse it. All complaints, requests for exchange or reimbursement must be made by registered mail to the following address:
Company Ligners LTD,
THE OLD STATION HOUSE
15A MAIN STREET
BLACKROCK, CO. DUBLIN
within thirty days after delivery.
All complaints made by email or fax will be presumed to have been made on the date of dispatch, subject to compulsory confirmation by registered letter with request for acknowledgement of receipt. The absence of confirmation will be interpreted as the waiver of the claim.
The company Ligners LTD also reimburses the full cost of return on simple presentation of supporting documents.
Article 12 - Liability
The products offered comply with European legislation in force. The responsibility of the company Ligners LTD cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the customer to check with local authorities the possibilities of importing or using the products or services that you plan to order.
In addition, the company Ligners LTD cannot be held liable for damages resulting from improper use of the product purchased.
Finally, the seller's responsibility cannot be engaged due to a fortuitous event, a case of force majeure, the unpredictable and insurmountable fact of a third party to the contract, in particular for any inconvenience or damage inherent in the use of the Internet network, a break in service, an outside intrusion or the presence of computer viruses.
The seller will notify the customer of the occurrence of such events as soon as possible
Article 13 - Termination of the contract
The order can be resolved by the buyer by registered letter with request for acknowledgement of receipt in the following cases:
- delivery of a product that does not comply with the characteristics of the order;
- delivery exceeding the deadline fixed at the time of the order or, failing this date, within thirty days of payment;
- unjustified price increase or modification of the product.
In these cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 14 - Intellectual property
No transfer of intellectual property rights is made through these GTC.
All elements of the site https://www.evolusmile.com are and remain the intellectual and exclusive property of the company Ligners LTD.
No one is authorised to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio.
Any simple link or hypertext is strictly prohibited without the express written agreement of Ligners LTD.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 15 - Nullity and modification of the contract
If one of the stipulations of this contract is cancelled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 16 - Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of this data, the Seller implements personal data processing which finality the sale and delivery of products and services defined in this contract. The Purchaser is informed of the following: the identity and contact details of the controller and, if applicable, of the representative of the controller: The Seller, as indicated at the top of these GTCS; - the contact details of the data protection department:
- the legal basis of the processing: contractual performance - the recipients or categories of recipients of personal data, if they exist: the data controller, their departments in charge of marketing, the departments in charge of IT security , the department in charge of sales, delivery and ordering, subcontractors involved in delivery and sale operations as well as any authority legally authorised to access the personal data in question - no transfers outside the EU are possible. - the duration of data storage: the time of commercial prescription - the data subject has the right to request the controller to access personal data, rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The person concerned has the right to lodge a complaint with a supervisory authority - the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision or profiling is implemented through the order process.
Article 17 - Archiving and access to the contract
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the legal provisions.
This information can be produced as proof of the contract.
Article 18 - Applicable law and settlement of disputes
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to Irish law.
For all disputes or litigation, on the substance or the form, the Irish courts will have sole jurisdiction.