Terms of Use

OvernightSmile® Terms of Use Agreement

Introduction and Acceptance of Terms Welcome to the digital domain of overnightsmile.com a website operated by Novotech LLC, doing business as OvernightSmile®. This Agreement sets forth the legally binding terms for your use of our Site and the plethora of services offered. By engaging with the Site, registering for, or utilizing our Services in any capacity, you are unequivocally agreeing to all terms and conditions contained herein. Should you find yourself unable to agree or adhere to these stipulations, we implore you to refrain from utilizing our Services and depart from our Site forthwith.

Comprehensive Privacy Policy Your personal and sensitive data is a matter of utmost importance and is managed in accordance with our meticulously crafted Privacy Policy. This policy serves as a guide to our practices of data collection, usage, and safeguarding. We strongly recommend a thorough review of this policy alongside this Agreement to fully comprehend our commitment to protecting your personal information.

Amendments and Revisions to the Agreement OvernightSmile® unequivocally reserves the irrefutable right to modify, alter, or update this Agreement at any given time, without the necessity of prior notification to its users. The date of the most recent revision will be prominently displayed on this page. Your continued access to and use of the Site and Services will be deemed as irrevocable acceptance of any such changes or revisions to the Agreement.

Utilization of Live Chat and Virtual Consultation Services In our quest to provide unparalleled customer service, we offer live chat, virtual consultations, and ongoing support through various mediums including, but not limited to, live chat and WhatsApp. The collection of personal data through these interactions is governed by the strictest data protection protocols. All personal data collected post-registration is held with the highest level of confidentiality. Pre-registration data collected through these mediums is not retained, thus ensuring the sanctity and security of your personal data.

Suspension or Termination of Access for Non-Compliance Failure to adhere to the stipulations of this Agreement may, unfortunately, result in the suspension or termination of your access to the Services. Such actions will be taken without prior notice, in addition to other remedies at OvernightSmile®’s disposal. Furthermore, OvernightSmile® retains the right to terminate any user’s access to their account on this Site should there be a breach of this Agreement. Efforts will be made to provide prior notice and explanation for such actions, and a channel for response will be available.

Intellectual Property and Ownership of Site Content The Site, in its entirety, is owned and operated by OvernightSmile®. This includes, but is not limited to, the design, content features, information, materials, illustrations, layout, icons, images, text, and the like, as well as their selection and arrangement, collectively referred to as the “Site Information.” This Site Information is either the property of OvernightSmile®, its affiliates, or is licensed from third-party service providers. The Site, both as a whole and in part, is protected under copyright, trademark, service mark, trade name, and other intellectual property rights.

Site Information Provided “As Is” The information and materials provided on the Site are offered “as is,” inclusive of all faults, without any form of warranty. The use of the Site Information, as authorized by this Agreement, is at your own risk. The Site Information may include errors, omissions, or typographical errors and may be out of date at any given time. OvernightSmile® reserves the right to change, delete, or update any Site Information at any time, without prior notice.

User Obligations As a valued user of OvernightSmile®, it is incumbent upon you to uphold the highest standards of integrity and responsibility in your interactions on the Site. This encompasses the provision of accurate, complete, and current information at all times, compliance with all applicable local, national, and international laws and regulations, and ensuring that your conduct on the Site is respectful and in line with the intended use of our Services. Any form of misuse, unauthorized access, or exploitation of the Site or Services is strictly prohibited and may be met with legal action to protect our interests and those of our users.

Non-Commercial Use The content, services, and products provided through the Site are exclusively intended for personal, non-commercial use. This stipulation explicitly prohibits any commercial exploitation, distribution, advertising, or resale of our Services or any content accessed through OvernightSmile® without our explicit written authorization. Breaching this condition may lead to legal repercussions, as it undermines the fundamental purpose of the Site and violates our rights and those of our content providers.

Eligibility and User Responsibility Our Site and Services are designed for and directed at individuals who are 18 years of age or older. Should you be a minor under the age of 18, you are permitted to use the Site and Services only under the supervision and with the consent of your parent or legal guardian. You, as the user, bear full responsibility for ensuring that you meet this age requirement and for any consequences that may arise from failing to do so.

Delivery and Title Regarding the delivery of products, our terms stipulate that they are shipped “FOB Origin,” which implies that the risk of loss or damage to the products transfers from us to you upon our delivery of the products to the carrier. Additionally, the title to the products will transfer from OvernightSmile® to you only upon our receipt of full payment for said products. Impression kit returns in the Republic of Ireland require the client to initiate the return at their own cost, this will then be reimbursed if and once treatment is accepted. The impression kit is non-refundable once dispatched unless a client is deemed not suitable.

General and Payment Terms for Clear Aligners The current price for the complete set of aligners, as detailed in your treatment plan, is £799. This includes all aligners necessary for your treatment. Customers have the option to pay in full with a single payment of £799 or to utilize our “Pay In Installments” option, which divides the total cost into three monthly payments of £289 each with aligners being shipped in batches, month by month and all remaining aligners shipped after a successful final instalment payment. By choosing the installment payment method, the initial payment is due at the time of purchase, followed by subsequent payments on the same calendar day for the next two months. Payment details are retained for automated payments and in the case of payment failures, manual payments must be made by the client. Adjustments for payment dates due to the varying number of days in each month will ensure alignment with the closest equivalent day. Aligners corresponding to each installment are dispatched after each payment. Two sets of aligners with the first payment, followed by two sets of aligners with the second payment and the remainder with the third and final payment. A grace period of five days is allowed for late payments; failure to make a payment within this period results in treatment plan cancellation. If the grace period is exceeded, the full remainder will become due immediately and will be collected in accordance with our arrears protocols. To resume the plan and/or receive the remaining aligners, the full outstanding balance, along with a £99 administrative fee, must be settled. Opting for the instalment payment commits you to the obligation of fulfilling the total amount of the three instalments. This comprehensive agreement emphasizes the importance of adhering to the payment schedule and clarifies the procedure and consequences of delayed payments, including additional charges and the potential halt of treatment. Any impression kit rebates are processed 24 hours post aligner purchase and are applicable only to full payment options (not for the instalment options). Delivery of aligners is based on 7 working days for fabrication and 1-2 working days for shipping. These durations may vary if specific QC measures are required.Notwithstanding the generally accurate delivery times of 7 working days for fabrication and 1-2 working days for shipping, exceptions may arise leading to delays. Such delays shall not constitute a breach of our obligation to deliver the product/service, nor shall they alter the terms of the agreement for the provision of said product/service. In the event of unpaid instalments, arrears shall be recovered through standard charging procedures. The Company reserves the right to collect such arrears in circumstances including, but not limited to, late payments, payments in dispute, accounts short of balance, among others. This measure ensures the continuity and completion of your treatment without unnecessary interruption. To maintain the effectiveness of your custom aligners, we require approval of the treatment plan within three days of issuance. This timeframe is essential to mitigate the risk of micromovements that can affect the fit of your aligners, as they are manufactured within seven working days post-approval. Should you miss the initial approval window, you have an additional two weeks to reapprove the plan. Please note, new dental impressions will be necessary to account for any changes in your dental alignment during this period. We will provide a new impression kit free of charge to ensure your aligners are perfectly tailored to your updated dental state, maximizing treatment efficacy and comfort. Once approved, aligners move into production and being a bespoke product cannot be cancelled and/or refunded, however this does not affect our money back guarantee for defective items. Defective items relate only to aligners broken on arrival or clearly distorted from the original impressions. As clients take their impressions remotely, occasionally fit issues will arise and in such cases OvernightSmile will remake, often with the recommendation of new impressions, all aligners free of charge if needed and it should be noted that the fit issues, as with all aligner systems, do not constitute a defect and as such do not qualify for money back guarantees/refunds . Sufficient time must be allowed for all remakes, however OvernightSmile will make all reasonable efforts to expedite production of these. Aligners are not refundable for any reason other than defects and cannot be honoured if terms of the guarantee are not adhered to up to and including but not limited to having confirmed a clean bill of dental health with a dental checkup in 6 months prior to purchasing the aligners. Clients with dental implants, dental bridges, dentures or loose or mobile teeth and/or gum disease should not take on the aligners. Clients with allergies to PVS, rubbers should not use our impression kits.

Disclaimer of Warranty and Limitation of Liability We, at OvernightSmile®, provide the Site and Services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site or Services will meet your requirements, be uninterrupted, timely, secure, or error-free. We are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or Services.

Electronic Communications Consent By choosing to use the Site, you inherently agree to communicate with us electronically. This agreement extends to all forms of electronic communication we might employ, including but not limited to email and notifications posted on the Site. You acknowledge that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Dispute Resolution In the event of any dispute arising from or in connection with this Agreement, both parties agree to first attempt to resolve the matter through mutual negotiation or, failing that, through arbitration under the rules of the International Chamber of Commerce. This approach is preferred as a means to resolve disputes efficiently and amicably before resorting to litigation.

Complaints Procedure If you have any concerns or complaints about the services provided, we encourage you to contact our customer service team directly by emailing hello@overnightsmile.com. We are committed to acknowledging all complaints within 2 working days of receipt. Our team will review your concerns and provide you with a substantive response within 7 working days, detailing the steps taken to investigate and resolve the issue. If additional time is needed due to the complexity of your complaint, we will inform you of the extended timeline and keep you updated on the progress. We value your feedback and strive to ensure all complaints are handled fairly and promptly. Our goal is to resolve any issues to your satisfaction, in a manner consistent with our commitment to customer service excellence, while remaining fair and congruent with our terms of service.

Jurisdiction and Governing Law This Agreement and any dispute or claim arising from or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales. This jurisdiction clause ensures that any legal proceedings arising from this Agreement will be conducted in a jurisdiction familiar and favorable to both parties.

Trademark Notice All trademarks, service marks, trade names, logos, and other branding features displayed on the Site are either the property of OvernightSmile® or their respective owners. These marks may not be used without the prior written consent of OvernightSmile® or the respective owners.

User Content When you submit any content (including text, images, photographs, messages, reviews, or any other kind of content) to OvernightSmile®, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Site and OvernightSmile®’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

SMS Terms of Use & Conditions Should you opt to receive SMS or text messages from us, you consent to receiving such messages from OvernightSmile® for various purposes, including marketing and service updates. This consent includes an acknowledgment that message and data rates may apply, and the right to opt-out of receiving these messages at any time. This section also covers our commitment to respecting your privacy in line with our Privacy Policy.

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