DrSmile General Terms and Conditions - Fair, secure and transparent

The following general terms and conditions were updated on 21.08.2019.

The following General Terms and Conditions ("GTC") conclusively regulate all legal relationships between us, the
Urban Technology GmbH,
Address: Brunnenstraße 128, 13355 Berlin
e-mail: [email protected]
represented by its managing director: Christopher von Wedemeyer
Commercial register: HRB 186974 B
Sales tax ID according to § 27a UStG: DE312164249
responsible for the content according to § 55 para. 2 RStV, and the users of our online platform ("Customers"), currently available at https://www.drsmile.co.uk with all sub-pages ("Website"). This includes in particular the use of the digital services which are made available to the customers through or via the Website. The customer may not use the digital services if he does not accept these General Terms and Conditions or if he does not agree with the Privacy Policy.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which cannot be predominantly attributed to his commercial or self-employed professional activity.

Our offers are subject to change and are non-binding. We reserve the right to change or discontinue offers. Unless otherwise agreed, any conflicting terms and conditions of the user are explicitly rejected.

Urban Technology GmbH works together with partner dentists and orthodontists who provide the dental services. A treatment contract is exclusively concluded with these partners.

1. OUR WEBSITE

1.1 Safety

Customers may not use the Website to send any kind of computer virus or distribute infringing material. In particular, but not exclusively, infringing material is content that may be perceived as offensive or defamatory. Customers must not attempt to gain unauthorised access to our website or any database associated with this website.

In the event of an infringement, we will withdraw the customer's right to visit our website and report the incident to the relevant authorities.

If a customer receives data such as an identification code, password or any other type of sensitive information, he is obliged to keep it secret and not to share it with third parties. As part of our security measures, we have the right to deactivate a customer's identification code or password at any time if the customer violates these terms and conditions.

1.2 Links

On our Internet pages there are external links ("links") to other websites, the content of which we have no influence on. For this reason, we cannot accept any liability for these contents. The respective provider of the linked website is responsible for the content and accuracy of the information provided therein. At the time of linking, no legal infringements were discernible. However, a permanent control of the contents of the linked websites is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove the links immediately.

1.3 Contractual agreements

The use of www.drsmile.co.uk does not require registration, the user only has to send some data to www.drsmile.de and accept the general terms and conditions and privacy policy. It is not possible for customers to order products on our website. The website is operated by Urban Technology GmbH, but the products are sold through our partners.

Therefore, www.drsmile.co.uk provides online appointments for personal consultation with institutions contractually associated with us. The prices stated on our website are basic rates, possibly including VAT and correspond to the prices in the contractual agreements with our associated institutions, as stated by them. This means that if the client fails to use the aligners as indicated by us, the cost of the treatment may increase significantly above the basic rate.

2. DATA PROTECTION

2.1

www.drsmile.co.uk has a privacy policy, which forms part of the Terms and Conditions and forms part of the use of this website. This can be found at https://www.drsmile.co.uk/legal/privacy-policy. Any information sent to us by customers will be processed in accordance with this privacy policy. By using our website, the customer allows us to process the data and guarantees the accuracy of the data he/she sends.2.2

By using our website, the customer acknowledges that internet transactions and internet communication are never completely secure. He is aware that messages or information sent on the website may be intercepted and viewed by third parties.

3. COPYRIGHT

3.1

All of the digital services (such as but not limited to texts, graphics, logos, button icons, images, image and sound recordings, digital downloads, data collections and software) are protected by copyright or other intellectual property rights and, if applicable, additionally by industrial property rights. Without our prior written consent, the digital services may not be modified, duplicated, republished, reproduced, copied, sold, resold, downloaded or uploaded, posted, transmitted, publicly reproduced or made available, further developed or used for other commercial purposes - even in part - in any way, either in whole or in part. This also applies to the download and/or framing of the website and - as far as technically possible - the installation of digital services on a terminal device of the customer, unless we expressly make corresponding functions available to the customer or give the customer our prior written consent for this. Information contained in copyright notices may under no circumstances be removed.

3.2

Any unauthorised use of the digital services will be prosecuted under civil and criminal law in accordance with the relevant legal regulations.

Should you wish to use any material used on our website, you can send us a request by e-mail to [email protected].

4. CONDITIONS OF USE

To use our aligners and digital services, the customer must be over 18 years of age. Information on our website in no way constitutes an invitation or offer to customers who are under 18 years of age.

5. UNLAWFUL ACTIONS

Advertising; Reading data; "Harvesting”

The customer is prohibited from any form of advertising on our website without our prior written consent. It is also forbidden to automatically read the data of the digital services, especially for commercial purposes. The uploading of viruses or other malicious code is prohibited. The Customer shall at no time collect or harvest data from any of the digital services ("harvesting").

6. OUR PRODUCTS

6.1

The success of the treatment with transparent aligners cannot be completely predicted. Urban Technology GmbH therefore does not guarantee a successful treatment with the aligner products advertised on this website. Individual results may vary.

6.2

However, Urban Technology GmbH guarantees that the products advertised on this website:

(i) meet the specifications in the treatment plan prepared by a dentist.

(ii) are free from defects in material or workmanship.

6.3

Urban Technology GmbH is not liable for:

(i) damages caused by misuse, misuse or incorrect care of the aligners by the dentist, patients or other third parties;

(ii) damages that may occur due to disregard of the application plan and the instructions for use, such as (but not limited to): wearing the aligners in deviation from the application plan, not wearing the aligners continuously, wearing the aligners less than 22 hours a day.

(iii) damage caused by products from other companies that the customer has used in combination with our aligners.

6.4 Waiting period

The aligners are precisely adapted to the customer’s teeth, which is why waiting should be avoided.

6.5

The prices quoted on the website are inclusive of VAT and as basic rates.

6.6 Right of withdrawal

Our aligners are unique and are adapted specifically to the customer’s teeth. Should the customer, after receiving his treatment plan, order his individual dental aligners, this order is excluded from the right of withdrawal. An appointment with us, as well as the development of a treatment plan, is not binding.

7. GUARANTEE; LIABILITY

7.1 Contracts mediated via the website

We do not assume any guarantee or liability for material defects or defects of title for contracts or dates arranged via the website. Please contact our partner, the Deutsche Zahnklinik GmbH, Königsallee 92a, 40212 Düsseldorf, in cases of guarantee and liability.

7.2 Claims for damages; exceptions

Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on our intentional or grossly negligent breach of duty, our legal representatives or our vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

7.3 Breach of essential contractual obligations

In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the user's claims for damages are based on injury to life, body or health.

7.4 Legal representatives and vicarious agents

The limitations of liability also apply in favour of our legal representatives and vicarious agents.

7.5 Product Liability Act

The provisions of the Product Liability Act shall remain unaffected.

7.6

We are not liable for any damage or loss to the customer caused by DoS attacks, viruses or other malicious software/technologically harmful material of third parties which infect the customer's computer equipment, computer programs, data or, if applicable, materials when using the digital services of our website or which are distributed when using our website.

8. GENERAL INFORMATION / OTHER

8.1 Changes to the General Terms and Conditions

The version of the terms and conditions valid at the time of filling out our questionnaire or opening an account (customer account/customer profile in our database) will apply. We reserve the right to change our GTC with effect on the future without prior notice. The customer will be informed of new GTC in good time by e-mail and in a suitable place on the website. The customer can object to new GTC at any time. In this case we reserve the right to terminate the contract - if relevant.

8.2 Storage of the contract text

The Customer can print out these GTC using the print function of his internet browser or save them on his end device using the "Save page" function, if the end device is technically capable of doing so.

8.3 Contract language

Contract language is English.
8.4 Information on the website

Although we have made thorough preparations to ensure that the content on our website is as accurate and correct as possible, our website may nevertheless contain technical, scientific or orthographic errors. However, we cannot guarantee the accuracy, completeness and timeliness of the content. As a service provider, we are responsible for our own content on these pages in accordance with §7 Para.1 TMG (German Telemedia Act) under general law. According to §§ 8 to 10 TMG, we are not obliged to monitor transmitted or stored external information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. Upon becoming aware of any such legal infringements, we will remove the content in question immediately.

Our website and the information it contains are sent on an "as is" and "as available" basis. All information on our website is subject to change at any time and without notice or notification. Older entries may be replaced over time and the customer should always check the latest changes in the terms and conditions before sending any information to us.

Urban Technology GmbH does not take part in any dispute settlement proceedings (§ 36 VSBG).