Terms of service

ZIMA DENTAL – TERMS AND CONDITIONS

The terms and conditions of Zima Dental, operating subsidiaries and all affiliated companies are contained below, but some important points for you to know before you become a customer are set out below:

  • Products, Price and Delivery Costs: The Products, Price (including any VAT) and Delivery Costs in respect of your order are listed on our Site and will be confirmed when you check out your order on our Site.
  • Term: Except where you have purchased a subscription in relation to the Products, these Terms continue until we have provided the Products to you in accordance with these Terms (as reasonably determined by us). If you have purchased a subscription in relation to the Products, these Terms will apply for the duration of the subscription. There is, however, no minimum term to your subscription and you may cancel your subscription at any time in accordance with these Terms.
Nothing in these Terms limits your rights at law.

 

1       These Terms

1.1 - What these Terms Cover: These Terms contains the terms and conditions on which we supply the Products to you.

1.2 - Please read these Terms carefully before you accept these Terms by ordering Products from us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end these Terms, what to do if there is a problem with the Products and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details in these Terms).

1.3 - How to tell us about problems: If you have any questions or complaints about the Products, please contact us to discuss (using our contact details in these Terms). You can telephone our customer service team on or write to us by email.

2       Introduction

This website (Site) is operated by KP Medical Ltd a company registered in England and Wales. Our company registration number is 12734513 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site. Any liability is limited to the terms as therein quoted.

3       Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) facilitating or assisting a third party to do any of the above acts.

4       Subscription Products

(a) There are two types of pricing for our Products via the Site:

(1) Products available for purchase for one-off fixed fee prices; and

(2) Products available for purchase on a subscription basis.

(b) The following parts of this clause 4 applies to Products available for purchase on a subscription basis.

(c) We offer Products for purchase on a subscription service, and by placing an order with us, you are agreeing to order the Products from us on an ongoing basis. The details of your subscription (including your subscription pricing and inclusions, your payment method, and your delivery period) are as set out in your account via a link to another website through the Site.

(d) There is no minimum term to your subscription, and you may cancel your subscription at any time in accordance with these Terms.

(e) Your subscription will roll over on an ongoing monthly basis as set out in your account, unless you provide notice to us via email that you wish to cancel your subscription at least 48 hours before the next billing date.

(f) We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email. We will refund you for any unfulfilled orders.

(g) Each time your order is confirmed on the Site following the billing date and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses, and a description of your order.

5 Orders

(a) You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Products for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c) All of the Products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain Products in your order. We will always aim to substitute Products with other similar products.

(d) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(e) Please be aware that some of the Products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering Products for children under 18 years old.

(f) For one-off purchases, when you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(g) All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

(h) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.

6       Price and payments

(a) In respect of Products available for purchase for one-off fixed fee prices:

(1) you must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause 6. All amounts are stated in pounds sterling, being the currency of the UK, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable); and

(2) you must pay the Price upfront using one of the methods set out on the Site.

(b) In respect of Products available for purchase on a subscription basis:

(1) the Price means the price paid by you in respect of each order;

(2) you will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you cancel your subscription in accordance with these terms, you will be charged the same Price each month as set out in your account on the date that you initially sign up to the subscription and on each monthly anniversary of this date (the Billing Date);

(3) we may pre-authorise or charge your payment method for a nominal amount to verify the payment method; and

(4) we may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Shopify payments and PayPal, and Clearpay in the USA. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f) Where you order the Products for delivery outside of the UK, you may need to pay custom charges or taxes in addition to the Price.

(g) We may from, time to time, issue promotional discount codes for certain Products on the Site. For one-off purchases of Products, to claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. For subscription purchases, to redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

7       Supply of the Products

(a) In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(b) You should only use the Products for their advertised purpose, and in accordance with any instructions provided with the Products. We have no liability should use of products be beyond that as indicated in the instructions.

8       Our right to make changes to the Products

We may change the Products:

(a) to reflect changes in relevant laws and regulatory requirements, which may result in: changes to the packaging or specifications of the Products); or

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not significantly affect your use of the Products.

9       Delivery, title and risk

(a) Where possible, we will deliver the Products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

(b) Any delivery periods displayed on the Site or that we notify you of are estimates only, based on the information provided by the delivery company, and we will use our reasonable endeavours to deliver the Products to you by this time.

(c) If you need to change the delivery address, please notify us immediately in writing.

(d) We deliver the products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(e) Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

10    Products Warranty

(a) We warrant to you that the Products we supply to you will be free from defects for 6 months from delivery of the Products (Warranty Period), (Warranty). You may have statutory rights in relation to the Products and that those rights are not affected by the Warranty. The Warranty applies in the location where we delivered the Products to you.

(b) What is a defect? Our Warranty applies to any fault, error or defects in the Products as a result of our default (Defect).

(c) What do you need to do to claim the Warranty? If, during the Warranty Period, you believe you have a Product the subject of a Defect you must cease using the Product and contact us in writing along with a photo and description of the Defect. If we ask you to, you must return to us the defective Products, together with all packaging, parts, accessories, documentation and proof of purchase to the contact details set out in these Terms.

(d) Where you return a Product as part of Defect claim you will need to cover any associated costs of you returning the Products to us.

(e) When we receive the Products you return, we will assess the alleged Defect and make a reasonable determination as to whether the claim is valid under our Warranty. Any decision made by us is final.

(f) What will we do if you make a successful claim under our Warranty? We will, at our own cost repair or replace the product or offer you a refund (partial or full) or credit (valid for 2 years) to use at our Site (the decision of whether to repair or replace or offer a refund or credit is at our sole discretion, unless you also have a statutory remedy as a consumer available to you).

(g) Damage Not covered by our Warranty.

The following damage is not covered by our Warranty:

(1) fair wear and tear;

(2) damage caused by you or your Personnel; and

(3) discolouration and aesthetic blemishes.

11    Change of mind returns - Exercising your right to change your mind (Consumer Contracts Regulations 2013)

(a) You have 14 days after the day you (or someone you nominate) receive the Products to exercise your legal right to change your mind in respect of the Products.

(b) When you don't have the right to change your mind: You do not have a right to change your mind in respect of:

(1) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(2) any Products which become mixed inseparably with other items after their delivery.

(c) Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind:

(1) we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(2) where you elect to return the Products using a more expensive form of delivery (for example a courier) than we typically use.

(d) When your refund will be made: We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind under clause 11 then:

(1) if the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Products back from you; or
(2) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

(e) Costs of return: We will pay the costs of return:

(1) if the Products are faulty or misdescribed;

(2) if you are ending these Terms because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

(3) if you are exercising your right to change your mind; or

(4) in all other circumstances you must pay the costs of return.

12     Problems with the Products

(a) If we are supplying Products to you, we are under a legal duty to supply Products that are in conformity with these Terms.

(b) We encourage you to check to the best of your ability for any defects or discrepancies at the earliest opportunity, and notify us as soon as you become aware of any problem.

(c) See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:

(a) up to 30 days: if the goods are faulty, then you can get an immediate refund;

(b)up to six months: if the goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;

See also clause 11.


13    Medical Products

You agree that any information contained on the Site and any materials provided with our Products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our Products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our Products and/or the Materials does not establish a doctor-patient relationship.

14    Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

(1) copy, in whole or in part, any of Our Intellectual Property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;

(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4) you comply with all other terms of these Terms.

15    Content you upload

(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.

(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

16    General

(a) Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out in these Terms or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(d) Entire agreement: Subject to your rights under the consumer law rights, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(e) Applicable terms: Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(f) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(g) Severance: If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us, and we are not responsible for any purchases you make from third party websites.

(i) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce or benefit from any of its terms on any person who is not a party to these Terms. This means that nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

Last update: 08 August 2023

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