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Terms and Conditions

Terms and Conditions: https://smilesecret.com, as of 30/06/2020

General Terms and Conditions

1. Scope

The following terms and conditions apply to all contracts concluded between the seller Smile Secret. GmbH & Co. KG, Domänenweg 1c, 31171 Nordstemmen, (hereinafter referred to as "Seller") and consumers or entrepreneurs (hereinafter referred to as "Buyer") on the website https://smilesecret.de with regard to the goods presented by the Seller in the version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes which can be primarily attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who/which, on conclusion of a legal transaction, does so in their commercial or professional capacity.

For entrepreneurs, these terms and conditions apply even without separate inclusion for all current and future contracts, deliveries and other services of the Seller.

Contrary or deviating from these general terms and conditions of the contractor is hereby forbidden and shall only be deemed agreed between the Seller and the contractor if the Seller agrees to their validity expressly and in writing.

 

2. Conclusion of contract

2.1 The essential features of the goods offered by the Seller as well as the validity period of limited offers can be found in the individual product descriptions on https://smilesecret.com

2.2  The product descriptions on the online shop of the seller don't constitute mandatory offers on the seller's part but conduce a mandatory submission of a bid through the customer. 

2.3 In the online shop of the seller, the customer can launch the bid through the integrated online purchase order form. After adding the chosen products to the virtual cart and passing the electronic ordering process, the customer bids a legal contractual offer, concerning the products that are in the cart, by clicking on the final order process button.

2.4 The seller can accept the offer of the customer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or E-Mail). The receipt of the order confirmation to the customer is decisive, or

- by sending the ordered products to the customer. The receipt of the products is decisive, or

- by demanding payment of the customer after his submission of the order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this.

2.6 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Order processing and contacting usually take place via E-Mail and automated order processing. The customer must ensure that the E-Mail address provided by him for order processing is correct so that E-Mails sent by the seller can be received at this address. in particular, when using SPAM filters, the customer must ensure that all E-Mails sent by the seller or by third parties commissioned with the order processing can be delivered.

2.8 Technical steps involved in the order process

When ordering through the Seller's online shop, the order process includes the following technical steps. First, the Buyer selects the desired product by clicking the "Add to Cart" button. Then the Buyer will see the products in their shopping cart. The products in the shopping cart can be deleted there by clicking the "remove" button. By clicking on the buttons "+" and "-" the Buyer has the possibility to change the number of selected products. For the order, it is necessary that the Buyer confirms the terms and conditions of the Seller and has taken notice of the cancellation policy by ticking the appropriate fields. By clicking on the button "Checkout", the Buyer will be taken to the next step of the order process "Customer Information". After the Buyer has entered their name, address including billing address and delivery address (if different) as well as their e-mail address in the designated fields, they will get to the next step of the order process "shipping" by clicking the button "continue to shipping method" ". Here only the free standard delivery is selectable. By clicking on the button "Continue to payment method", the Buyer will be taken to the next step of the order process "Payment". After the Buyer has decided on a payment method offered by the Seller, namely "credit card", "Paypal", "Immediately", "Bill with Klarna" or "installment purchase with Klarna", and has selected this accordingly, by clicking the button "Check order" they arrive to the order overview page "Check order". On the order summary page, the Buyer has the opportunity again to check their data necessary for ordering, the selected payment method and the selected products before they close the order by clicking on the "Buy Now" button.

By selecting the payment method "Paypal", the Buyer will be able to access Paypal's website by clicking the "Buy Now" button and will be automatically redirected to the order overview page of the seller's internet shop after entering their login details and processing the payment transaction.

 

3. Language of the contract

The contract language is exclusively english.

 

4. Storage of the Contract Text

The text of the contract is stored by the Seller themselves and made available to the Buyer by the Seller themselves before completing their order and sent back to them by e-mail after conclusion of the contract. The terms and conditions can be viewed and downloaded by the Buyer on this page at any time. The Buyer can view past orders in their customer account.

 

5. Right of withdrawal

5.1 Consumers are entitled to the statutory right of withdrawal according to the cancellation policy of the seller.

5.2 The right of withdrawal does not exist in the case of delivery of goods which, on grounds of health protection or hygiene, are not suitable for returning if their seal was removed after delivery.

 

6. Prices and payment options

6.1 The prices quoted by the Seller include the statutory value added tax and are final prices plus any additional shipping costs. The costs for packaging and shipping are shown separately on the website "Terms of Delivery and Payment".

6.2 In the online shop of the Seller the following payment options are available to the Buyer:

a) PayPal

If the Buyer selects the payment method PayPal, the Buyer pays the purchase price via the payment service PayPal (Europe) Sàrl et SCA, 22- 24 Boulevard Royal, L-2449 Luxembourg.

If the Buyer already has a PayPal account with PayPal, the Buyer will be redirected to PayPal and must confirm there, after entering the access data for the PayPal account of the Buyer, the payment order to the Seller. The terms and conditions of PayPal can be found at the following link:https://www.paypal.com/en/webapps/mpp/ua/useragreement-full

If the buyer does not have a PayPal account, the payment may be delayed after forwarding to PayPal via the function "Payments without PayPal account". The terms of use for payments without a PayPal account can be viewed at the following link: https://www.paypal.com/webapps/mpp/ua/privacywax-full

b) Credit card

If the Buyer chooses the credit card payment methods, the purchase price will be reserved on your credit card at the time of the order ("authorization"). The actual charge of the credit card account of the Buyer is made at the time the Seller ships the goods to the Buyer.

c) Klarna Invoice purchase & installment purchase and immediate transfer

If the Buyer chooses the methods of payment in advance Klarna Invoice Purchase & installment purchase and immediate transfer, the Buyer pays the purchase price through the payment service Klarna Bank AB, Sveavägen 46, 111 34 Stockholm. The payment is made to Klarna:

  • Invoice: The payment period is 14 days from dispatch of the goods/the ticket/or, in the case of other services, the provision of the service. You will find the invoice terms and conditions for purchase to Germany here and for deliveries to Austria.
  • Purchase in installments (only available in Germany): With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified on checkout. Payment in installments is due at the end of the month following the submission of a monthly bill by For more information on payment in installments, including the terms and conditions and European standard consumer credit information, click here.  
  • Instant Bank Transfer: All you need is IBAN, BIC, PIN and Klarna Bank AB's secure payment form, which is not accessible to merchants, provides automatic instant transfer and real-time transfer into your online bank account. The purchase amount is transferred instantly and directly into our bank account. When choosing instant transfer, a pre-filled form will open as you complete the checkout process. This will contain our bank details. In addition, the form already contains the transfer amount and the purpose of the transaction. You need to choose the country where you have your online banking account and enter the bank code. Then insert the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. You shall receive instant confirmation of the transaction. In principle, all Internet users can make payments via instant bank transfer as long as they have an activated online banking account with PIN/TAN features. Please note however that, with some banks, the instant bank transfer service is not yet available. For more information on whether your bank supports this service, click here.

The use of the payment methods advance payment Klarna invoice purchase & installment purchase and instant transfer requires a positive credit check. For this reason, we pass on your data to Klarna for the purposes of address and credit checks as part of the purchase initiation and settlement of the purchase agreement. Please understand that we can only offer you those payment methods which are permissible based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here and for Austria here. For general information about Klarna, see here. Your personal details will be handled by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany and Austria. 

 

7. Delivery and shipping terms

7.1 Unless otherwise agreed, the goods will be delivered by mail to the delivery address stated by the Buyer during the ordering

7.2 The delivery of the goods takes place at the delivery costs and delivery times stated on the "Delivery and Payment Conditions" website and in the product

7.3 If we carry out a delivery to a non-EU country, this is done without calculation of German VAT. All other taxes (e.g. import tax, ) and customs duties are to be borne by you.

 

8. Retention of Ownership

All goods remain the property of the seller until they are completely paid for.

 

9. Warranty

The warranty is based on the statutory provisions.

 

10. Transport damage

For goods delivered with obvious transport damage, the Buyer is requested to complain to the deliverer immediately and to inform the Seller. If the Buyer fails to make a complaint or get in contact, this has no effect on the existence of the statutory warranty rights.

 

11. Liability

The Seller excludes their liability for slightly negligent breaches of duty, as far as these do not concern damage from the injury of the life, the body or the health or guarantees or claims due to malicious misconduct or which are relevant according to the product liability law.

Furthermore, this disclaimer shall not affect the company's liability for the violation of obligations which are essential for the proper fulfillment of the agreement and upon whose observance the distributor may normally rely. The same applies to breaches of duty by the legal representatives or vicarious agents of the Seller.

 

12. Information on Online Dispute Resolution

The EU Commission provides an Internet platform for the online settlement of disputes (so-called "OS platform"), which can be reached at http://ec.europa.eu/consumers/odr/.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

 

13. Codes of conduct

The Seller has not submitted to a special code of conduct.

 

14.Customer service

The seller does not offer customer service beyond the processing of statutory warranty claims. 

 

15. Final provisions

15.1 If any provision of these terms and conditions are invalid, the rest of the contract will remain valid. In place of the ineffective provision the relevant legal regulations

15.2 If the Buyer is an entrepreneur, then German law is valid under exclusion of the UN sales law. 

If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a public special fund, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Seller and the Buyer is the Seller's place of business.

 

16. The money-back guarantee is available within 30 days and is ONLY valid for the Complete Set (consisting of Phonebleaching, BambooBrush & CocoSmile), the Ultimate Bundle (consisting of Phonebleaching, BambooBrush, CocoSmile, Coco Strips & the charcoal toothpaste) and the Coco Bundle (consisting of BambooBrush, CocoSmile, Coco Strips & thee charcoal toothpaste).

We have total confidence in our products, which is why we offer a 100% earnings or money back guarantee.

We guarantee that your teeth will lighten by at least 2 shades when using our products.

In the unlikely event that this is not the case with your SmileSecret experience, please read on below.

To qualify for our money back guarantee, just follow these instructions:

16.1. Take a clear picture of your teeth before using our products.

16.2. Use our products exactly as prescribed.

16.3. Take a clear picture before and after completing all applications

16.4.  Before / After image must be created with date and shade table. There must be min. 7 days in between (for the money back guarantee).

16.5. Once approved, your refund will be processed.

You have 30 days from your purchase date to claim the money back guarantee.

Attempted claims which do not meet these criteria will not be released for reimbursement.

In the case of a money-back guarantee, the Buyer bears the insured return.

Please make sure your before and after photos are taken in similar lighting conditions to check for accurate results. Before and after photos must also contain valid date and time stamps, and the shade table must be highlighted with the shade emphasized, otherwise a refund is excluded.

 

17. Influencer program

By registering in our influencer program, the registered person undertakes to cooperate, which consists of a product placement on Instagram in the form of two Instagram stories with five sequences each and an Instagram feed post.

The registered person must perform this cooperation within 21 days after receipt of the products.

If the cooperation is not performed in accordance with the agreement or not at all, the company Smile Secret GmbH & Co. KG reserves the right to invoice the products in full to the registered person.

 

 

18. Final Provisions

18.1 Should a provision of these general terms and conditions be ineffective, the contract remains effective. Instead of ineffective provision, the relevant legal regulations apply.

18.2 If the buyer is an entrepreneur, then German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

If the buyer is a merchant within the meaning of the German Commercial Code, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the seller's place of business.