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Although our mouth guards are designed to protect the teeth, soft tissues, bone structure and temporomandibular joint while diminishing the incident of concussion and neck injury, we cannot guarantee 100% that no injury will occur while wearing our product. we advise that if you are under 16 you have an adult help you with the home impression. we have provided enough impression putty for 1 attempt. if you require further putty you can purchase it from the store.The fit of your mouthguard will only be as good as the impression you take. We advise all our customers to seek the advice of a dental surgeon if you have any concerns about your dental health before using any of our products. Custom made mouthguards are made to high standard and we do our very best to eliminate air bubbles but sometimes this cannot be avoided. Any art work,font colours etc it is your responsibility to let us know what you want,if you don’t let us know we will choose for you.
GENERAL WEBSITE TERMS
These Terms are not assignable or transferable by you without our prior written consent. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any Term. Save in the event of fraud or fraudulent misrepresentation The section headings are used for convenience only and shall not be given any legal importance.
GENERAL WEBSITE CONDITIONS
This page (and any documents which it refers to) states the Terms and Conditions (the “Terms”) under which you (“You/Your”) may use the FUNKYGUMS website located at http://funkygums.com (the “website”). Please read this page carefully. By accessing and using the website, you accept and agree to be bound by these Terms. If You do not accept any of the Terms stated here, You must not use the website.The website is operated by Cumbria smile Clinic, a company registered in England and Wales (company number 08102617) with its registered address at 110A DENTON ST CARLISLE CUMBRIA CA2 5HB. All references to “We/Our/Us” refer to Limited. From time to time we may modify or revise these Terms (for example to reflect changes in technology, our business model, our system’s capabilities or relevant laws and regulatory requirements). We recommend that you should therefore visit this Terms & Conditions page http://funkygums/terms-and-conditions periodically to review the Terms. In the event of substantive changes to the Terms, You may be notified by a notice on the website. Your order will be subject to the Terms in force at the time when you order products from the website,unless any change to the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You). Your use of the website constitutes your agreement to the terms.
GENERAL TERMS & CONDITIONS
Section 1. Accessing the Web Site The website is directed at users resident in the countries listed on the landing page http://funkygums.com only. It is not directed at any person in any country where for any reason the publication or availability of the website is prohibited and FUNKYGUMS/ CUMBRIA SMILE CLINIC does not represent that either the website or its content are appropriate for use or are permitted by the laws of all countries. We are sorry but we cannot accept orders from any person outside those countries. Access to the website is provided on a temporary basis, FUNKYGUMS/ CUMBRIA SMILE CLINIC reserves the right at any time to modify or discontinue, temporarily or permanently, the website, any part of the website and/or any and all features and sections of the website, without notice. However, where possible we will endeavour to inform registered users via a notice on the website or email; FUNKYGUMS/ CUMBRIA SMILE CLINIC shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Section 2. How the Contract is formed between You and Us By placing an order on the website, you are making an offer to us to purchase the products you have selected on these Terms. You should therefore carefully check that your order is correct prior to submitting your order. During the ordering process you will be given the opportunity to correct any errors. After placing an order you will receive an e-mail from us acknowledging that we have received your order. The email does not mean that we have accepted your order. There will be no contract of any kind between you and us unless and until we have accepted your order. We will confirm that your order has been accepted in a further email (the “Order Confirmation”). The order confirmation will also contain details of when your order will be fulfilled and your product delivered. At any point up until then, we may decline to supply products to you without giving any reason. You will be charged for the goods upon acceptance of your order and a contract will be made between you and us. We store all contracts made and we recommend that you file these too, as subsequently the documents will not be accessible.
Section 3. Price and Payment The price of our products will be as quoted on the website from time to time, except in the case of obvious errors. The price includes value added tax (VAT). Where applicable delivery charges will be added to the total cost of your product(s) and shown in the order total or notified by separate email prior to dispatch. Delivery charges are subject to review after the order has been placed and the confirmation sent; in the event that the charge is increased then we will contact you prior to despatch to confirm the increase and arrange payment. You are entitled to decline any such increase in which case we will cancel your order and refund any monies paid to us by you in respect of the order.We reserve the right to change our prices, from time to time. However, changes will not affect orders which we have accepted. We will verify prices as part of the order process and will contact you in the event of a mistake. If a product is priced incorrectly we are under no obligation to provide the product at the incorrect price, if the error is obvious and could have been reasonably recognised by You as an error.
Section 4. Risk and Title The products will be at Your risk from the time of delivery. Ownership of the products will pass to you once we have received full payment of all sums due (including delivery charges) in respect of your order.
Section 5. Our Refund Policy We hope you will be happy with your purchase. However, should you feel it necessary to return an item, we aim to make the returns process as simple as possible. If you are unhappy with an item, simply return it in the original packaging within 7 days of dispatch and we will give you a refund or replace the item. If you have any problems with your FUNKYGUMS Mouthguard please see the customer care page on the website, for further help. If you still experience discomfort after following our advice, DO NOT use mouthguard, and contact Us at email@example.com so that we may assist you further. If, in the unlikely event we suspect that your product may be faulty, we will ask you to return the product so that we may examine the product. If you are entitled to a refund we will notify you via email as soon as possible, and in any event within 30 days. In the case of a defective product we will refund the cost of the purchase price, and any delivery charges incurred by you.
Section 6. IP Rights and Ownership The contents of the website, such as text, graphics, images, and other material, as well as the underlying html source code of the website (“Material”) are protected by copyright and other applicable intellectual property laws around the world, and are owned or controlled by FUNKYGUMS/ CUMBRIA SMILE CLINIC or by third parties that have licensed their material to FUNKYGUMS/ CUMBRIA SMILE CLINIC. Unauthorised use of the material may violate such laws including copyright or trademark laws.
You may download extracts of the material for your own personal use. You must retain all copyright and other proprietary notices contained in the original material on any copy you make. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. You hereby acknowledge that you do not acquire any ownership rights by viewing or downloading the material. Except as otherwise expressly permitted under these Terms or applicable law, no copying, redistribution, re transmission, publication or commercial exploitation of the material will be permitted without the express permission of FUNKYGUMS/ CUMBRIA SMILE CLINIC and the copyright/ trademark owner. The trademarks, logos and service marks (the “Marks”) displayed on the website are owned by FUNKYGUMS/ CUMBRIA SMILE CLINIC or third parties. You are prohibited from using those marks without the express, written permission of FUNKYGUMS/ CUMBRIA SMILE CLINIC or such third party. If You would like information about obtaining FUNKYGUMS/ CUMBRIA SMILE CLINIC permission to use the Material on Your website, e-mail firstname.lastname@example.org.
Section 7. Reliance on Information The information and material on the website are not intended to amount to advice on which You can rely. Although we make every effort to avoid errors on the website, the material may contain inaccuracies or typographical errors. The website and the material is provided “as is” and on an “as available” basis and FUNKYGUMS/ CUMBRIA SMILE CLINIC makes no guarantees, promises or endorsements with regard to the accuracy, reliability, relevancy, completeness, or timeliness of the material or about the results to be obtained from using the website and the material. We therefore do not accept any responsibility for any errors, omissions, or any inaccurate material on the website. Further, We do not promise that the website and/or the material will be uninterrupted or error free or that any defects will be corrected. We will not be liable for any loss or any damage arising out of or in connection with access or use of the website and/or the material except that nothing in these Terms excludes or limits any liability for losses which may not be lawfully excluded or limited by applicable law.
Downloadable copies of the customer care and usage instructions for all FUNKYGUMS/ CUMBRIA SMILE CLINIC products are available on the website or contact us at email@example.com to request a copy.
Section 8. Our Liability We promise to You that any product purchased from the website is of satisfactory quality and reasonably fit for the purpose for which the product was supplied. Our liability for losses You suffer as a result of Us breaking these Terms shall be limited to the purchase price of the products You purchased and any losses that are a foreseeable consequence of our breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage or losses which are not foreseeable by you and us (such as loss of profits or business). Nothing in the Terms is intended to exclude or limit in any way Our liability for fraud or fraudulent misrepresentation, death or personal injury caused by Our negligence or deliberate breaches of the Terms by us that would entitle you to terminate the contract between Us.
Section 9. Links to other sites The website contains hyperlinks to websites owned and operated by third parties. We do not accept any responsibility for the content of third party websites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which the website is linked.
Section 10. Your Information We are committed to maintaining Your privacy. FUNKYGUMS/ CUMBRIA SMILE CLINIC does, however, gather certain information that You provide to the website when an FUNKYGUMS/ CUMBRIA SMILE CLINIC product is ordered. The information FUNKYGUMS/ CUMBRIA SMILE CLINIC requests, is the minimum we believe necessary to achieve this goal FUNKYGUMS/ CUMBRIA SMILE CLINIC may use the information it obtains relating to you, including Your name, mailing address, email address telephone number, fax number, credit card information and use of the website, for its internal business and marketing purposes. For further details on FUNKYGUMS/ CUMBRIA SMILE CLINIC policies for using your information please read Our Privacy
Section 11. Contact us
If You have any questions, comments or complaints regarding these Terms, the website, Ourproducts or services, please contact us at firstname.lastname@example.org or by post at FUNKYGUMS CUSTOM MOUTHGUARDS 110A DENTON ST , CARLISLE, CUMBRIA, CA2 5HB,UK
Section 12. Notices Unless otherwise specifically stated, notices to Us must be sent by post to FUNKYGUMS CUSTOM MOUTHGUARDS 110A DENTON ST , CARLISLE, CUMBRIA, CA2 5HB, UK or by email to email@example.com and notices to you will be sent to the email address you provide to us when you placed your order.
Section 13. General The website is based in the United Kingdom. These Terms and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales and to the exclusive jurisdiction of the courts of England and Wales. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any Term shall be deemed a further or continuing waiver of such Term or any other Term. These Terms and any document expressly referred to in them constitute the entire agreement between you and us with respect to the use of website and the supply of our products. Any changes to these Terms must be made in writing, signed by an authorised representative of FUNKYGUMS/ CUMBRIA SMILE CLINIC