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. The company is not responsible for replacing impression kits, aligners or other products lost, damaged, or misplaced due to personal circumstances after delivery. Customers are advised to take necessary precautions to ensure the safe receipt and use of the kits. Any replacements due to loss or personal circumstances will be chargeable. If any delivery delays of impression kits or aligners occur after being processed by our couriers we will endeavour to ensure that these are resolved promptly, however these will not entitle or give rise to cancellations of service or refunds. If impression kits are used incorrectly as per the instructions, they are not refundable and cannot be replaced free of charge. In exceptional circumstances, we may as a gesture of good will send additional putty or trays free of charge, this is discretionary and assessed on a case by case basis. Any issues with impression kit errors or requests for additional material must be made within 1 week of receiving the impression kit.

General Terms for Clear Aligners The current price for the complete set of aligners, as detailed in your treatment plan, is £799.  Aligners can be paid for by all major credit and debit cards. We do not accept payment for aligners via PayPal (although Paypal can be used to purchase impression kits). 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. Please note that insurance cannot be used to cover the costs of your aligner package, nor do we provide or work with any insurance companies. 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. Each instalment of aligners is dispatched within 7 working days of payment, not inclusive of the of the date of the instalment payment. A grace period of three 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. In the even a payment is cancelled or recalled by the client, a payment will be taken in lieu of this of the same value as the original payment. Pay-in-three payment plans are not available for plans shorter than three months. 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). Impression kit rebates are not applicable if payment was made via PayPal or if offer prices are used. Impression kits are not rebated for refinement stages. 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. Aligner production may in certain cases take up to 30 working days for production. 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. Remakes and refinement aligners can take from 7-21 working days to make/remake and in rare cases may take up to 21 working days to remake. 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. Aligners are not refundable if a result has not been reached (whether guarantee protocols have been followed or not). By purchasing an impression kit and/or aligners, you acknowledge and confirm that you have undergone a comprehensive dental checkup by your dentist within the last six months. If you have not had a checkup in the last 6 months, impression kits will not be refundable after being dispatched. This examination must include a thorough examination of your gums, teeth, and overall oral health, dental x-rays. You must have clean bill of dental health in the last 6 months including but not limited to no untreated cavities, tooth decay or broken teeth, no loose teeth, gum disease, a previous history of degenerative gum disease, You agree to provide documentation of your most recent dental examination, x-rays, and a letter or report from your dentist confirming your suitability for dental aligner treatment if requested. 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 and clients with any allergies to plastics should not use our aligners. Customers are responsible for determining their ability to complete the required steps for impression-taking before purchasing an impression kit. If assistance is needed due to a medical or physical condition, arrangements should be made by the customer. Refunds or exceptions cannot be granted for failure to complete the process due to personal impediments unless communicated in advance.

Replacements for lost and or accidentally broken aligners are charged at £39 per aligner (each aligner and not per set). Replacement retainers are provided for OvernightSmile customers are £89 per set (upper and lower) with shipping included. Due to courier issues, we do not currently supply return labels for the Republic of Ireland to return kits to us but clients can use local couriers (such as AnPost) to return the kits. In the aforementioned scenario, return postage will be subsidised for initial impression kits only and only up to a maximum value of £19. Aligners must be worn consistently, every day for the recommended duration, and clients are expected to keep daily, time-stamped progress photos (front-on, clear smile photographs) and regular 4 weekly check-ins via the livechat or email to hello@overnightsmile.com. Clients are required to check-in every 4 weeks during the course of aligners; as starting times for aligner wear can vary, we do not reach out and we do not set appointments for check-ins. Reminders are not provided for the check-ins and you must check-in by providing 4 weekly front-on photographs with and without aligners on. You will also be asked to confirm wear time daily and per aligner set. The photos, which serve as a vital record of compliance and assist in mapping out the treatment progress, are to be retained by the client and only need to be submitted to us if refinement aligners become necessary. The check-ins are mandatory and must be done regardless of need for refinements. Our minimum age for use of aligners is 16, if a client purchases impression kits/aligners and is in contravention of the minimum age, there will be no refunds.

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. All data, information, text, graphics, links, and other material on this website and information contained on or in any product packaging or labels are provided for the convenience of  to our customers and website visitors. The content provided is for general informational and educational purposes only; it is not intended to serve as dental or other professional health advice and is not to be used for diagnosis or treatment of any condition or symptom. Educational Content does not constitute the provision or practice of dentistry or professional health care advice or service; use of the Services does not create a dentist/doctor to customer relationship with Company. You should consult a dentist or other qualified health care provider regarding any specific questions you may have relating to your dental care or any dental/medical issues you are experiencing or with which you have questions. Educational Content is not exhaustive and does not cover all orthodontic or dental treatments and conditions, nor is it intended to replace the advice of an orthodontist, dentist, or other medical professional. 

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. Clients agree not to initiate chargebacks on any payments made for services provided due to failure to fully read or understand these terms and conditions, or failure to complete their obligations as per any guarantees outlined. If a chargeback is initiated under such circumstances, the client agrees to repay the full amount charged back, in addition to an administration fee of £199 to cover the costs associated with handling the dispute and reinstating payment. Debt collection action may be taken if needed, and any fees incurred for debt collection will be charged separately and payable to any third-party debt collection firms engaged. If debt collection efforts are required, your credit rating may be affected adversely.

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. All resolutions reached are considered full and final and subject to non-disclosure unless otherwise stated by OvernightSmile.

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 favourable 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.