Please read the following important terms and conditions carefully before you purchase a Invisalign® Vivera® retainer subscription from us as they form the basis of our contract with you.
1.1
Who we are. We are IB4U Ltd (“we”, “us”, “our”), a limited company registered in England and Wales. Our company registration number is 15957942 and our registered office is at registered office Corinthian House, Suite C 17 Lansdowne Road, London CR0 2BX. Our registered VAT number is 432654893.
1.2
Who regulates us. Our clinicians are regulated by the General Dental Council, and you can find their relevant registration number here. We subscribe to the following code of conduct. We subscribed to the General Dental Council code of conduct and you can find more information about this here.
1.3
Professional liability insurances. All clinicians are registered with the General Dental Council and have professional liability insurance or indemnity in line with Section 26a of the Dentists Act and DCPs (via section 36L).
1.4
How to contact us. You can contact us by telephoning us on 02037450494 or by writing to us at [email protected] or Corinthian House, Suite C, 17 Lansdowne Road, London, CR0 2BX.
1.5
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when placing your order.
2.1
Agreeing to these terms. These terms apply when you purchase an annual subscription for the ongoing six monthly supply of Invisalign® Vivera® retainers (which are clear, custom-made dental retainers manufactured by Align Technology) (“Retainer”). Please note that each “set” includes both upper and lower retainers, unless your treatment requires a single arch only. We refer to our Invisalign® Vivera® retainer subscription offering as “Subscription” throughout these terms.
2.2
Other terms apply. When you purchase a Subscription with us, the following additional terms will also apply to you: Privacy policy, Terms & conditions and any relevant promotional terms provided to you that relate to the Subscription.
2.3
Where you can find a copy of these terms. You can save and print a copy of these terms for your future reference.
2.4
Changes to these terms and your Subscription.
2.4.1
Required changes. We can always make changes to these terms and your Subscription without notifying you for the following reasons:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to make minor technical adjustments and improvements, for example e.g. to address any supplier known issues with the Retainer. These are changes that do not affect your use of the Retainer or the Subscription;
Whenever we make such changes to our terms, we will make the updated terms available on our platform.
2.4.2
Material changes. Where we make changes that have a material impact on these terms or your Subscription or where they affect your consumer rights, we will notify you, and if you do not agree with the changes, you may end your Subscription by following the steps set out in section 11.
3.1
Eligibility and age limitations. By ordering a Subscription from us, you confirm that you are ordering Retainers for delivery in the United Kingdom mainland and are aged 16 years or over. You must not order a Subscription from us if this is not the case and we reserve the right, in our sole discretion, to refuse to accept your order.
3.2
How to make an order for the Subscription. Whether you're placing a Subscription order at home or in practice, you'll do so through our platform, which will guide you step by step through the ordering process.
3.3
Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. Prior to submitting the order, you are required to verify the accuracy of the information provided and make the necessary corrections.
4.1
How we will accept your order. Your order is accepted when we send you a confirmation email accepting your order. At that point, a contract is formed between you and us (referred to as the “Contract” in these terms).
4.2
Sometimes we reject orders. Sometimes we reject orders, for example, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Retainer, because you are located outside our delivery areas, as stated on our platform. When this happens, we will let you know as soon as possible and refund any sums you have paid.
4.3
Where the Contract for your Subscription will be stored. The contract for the Subscription will be stored and filed in our management system.
5.1
Free initial Retainer and impressions services. Before we can supply your first Retainer, we’ll need to take impressions of your teeth (“Impressions Service”). The Impressions Service will be performed either on the day you complete your Invisalign treatment or at a date and time we agree. Both the Impressions Service and your first Retainer are provided free of charge. However, payment for your next Retainer (delivered within six months of sign up) will be taken when you sign up for the Subscription (as explained further at section 7).
5.2
Minimum term of your Subscription. The minimum term of your Subscription will be 12 months (“Subscription Term”). This means that you will have ongoing monthly payment responsibilities to us during the Subscription Term unless you cancel for reasons set out at sections 9 and 11.
5.3
Your Subscription will automatically renew. Your Subscription is set to automatically renew for successive 12 month periods at the end of each Subscription Term. If you do not wish to continue your Subscription, you must cancel it before the end of the Subscription Term, as outlined in section 10, to avoid ongoing payments during the next Subscription Term.
5.4
We will send two reminder notifications to you for each renewal of your Subscription. We will send two notifications to you before the end of each Subscription Term to remind you that your Subscription will be renewing. A reminder notice will be sent 30 days and 15 days before renewal. The reminder notification will set out important information relating to the renewal of your Subscription, including (1) the renewal date, (2) when you will be responsible for the renewal payments and the amount you have to pay, (3) any changes to the price and (4) instructions on how you can either cancel, amend or renew your Subscription.
6.1
The Retainer. The Retainer is designed to maintain the current position of your teeth. It is not intended to move, adjust, or further improve their alignment. You must therefore be satisfied with the position of your teeth before starting your Subscription.
6.2
The Retainer can vary slightly from images. The images of the Retainer we share with you are for illustrative purposes only. Although we have made every effort to display the Retainer accurately, your Retainer may vary slightly from those images.
6.3
How you must use the Retainer. You must follow the wear and care instructions explained to you and provided to you with your Retainer. We are not responsible for any issues that arise solely due to a failure to follow these protocols. For example, if the instructions are not followed, the Retainer may no longer fit properly or become uncomfortable to wear. In such cases, you will be responsible for the cost of any additional Impression Services and replacement Retainers (based on our then current price list as displayed in practice and provided on our website Pricing.
6.4
When you own and become responsible for each Retainer. Once your Retainer is delivered and you've paid all amounts due under your Subscription, it belongs to you. From the moment it's delivered, you're responsible for taking care of the Retainer.
6.5
Lost or damaged Retainers. If you lose or damage your Retainer, you will be responsible for ordering and paying for a replacement. If a new dental impression is required to create the replacement Retainer, you will also be liable for the cost of that Impression Services. Please contact us using the details set out in section 1, and we will arrange this for you. All charges will be based on our current price list at the time, as displayed in practice and provided to you via the website Pricing.
7.1
The price of the Subscription. The price of the Subscription (which includes VAT if applicable and any other applicable costs such as delivery) will be the monthly price indicated to you during the order process (“Subscription Fee”). The Subscription Fee will be broken down so that you can see the total price for the Subscription Term and the amounts you will have to pay monthly.
7.2
Fee Increases. We may review and adjust the Subscription Fee for future Subscription Terms. If we do, we’ll let you know in advance in the reminder notice (mentioned at section 5.4) we send to you before your next Subscription Term begins.
7.3
How you must pay. Payment will either be taken on the platform or using a payment link we share with you. You will be notified of how payment will be taken when placing your order.
7.4
When you must pay. Your first payment will be taken when you sign up for the Subscription and will cover the cost of the second Retainer, which you'll receive within six months of placing your order. After that, you’ll need to pay the Subscription Fee monthly for the remainder of the Subscription Term, as explained during the order process.
7.5
Late payment.
7.5.1
Suspension or cancellation. We can suspend or cancel the Subscription in accordance with section 13.1.2.
7.5.2
We can charge interest. If we are unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
7.5.3
Recovering payment owed. If you’ve already received a Retainer that hasn’t been fully paid for due to a failed payment, the amount remains due, and we may take steps to recover that payment.
7.6
Keep your payment details up to date. You must ensure that your payment information is accurate and kept up to date at all times. You can update your details either through your online portal or by notifying us in writing.
7.7
We pass on increases in VAT. If the rate of VAT changes between the date your monthly payment is due and the date we supply your Retainer under the Subscription, we will adjust the VAT rate you pay accordingly - unless you have already made that monthly payment before the VAT change takes effect.
8.1
When you will receive your Retainers. We will deliver the Retainer to you at the address you supply to us during the order process. You will receive your first Retainer within 30 working days of placing your Subscription order (though it’s often delivered sooner). For all ongoing Retainers supplied through your Subscription, delivery will typically occur within 5 to 10 working days after dispatch. We’ll notify you by email to say when your Retainer will be dispatched. Delivery shall be made only to persons of legal age, and you acknowledge that any person at the delivery address shall be authorised to take delivery. New Retainers will be dispatched every six months, subject to these terms.
8.2
Keeping your delivery information up to date. You must ensure that your delivery information is accurate and kept up to date at all times. You can update your details either through the portal or by notifying us in writing. We are not responsible for any missed or failed deliveries if you have not provided us with correct or updated delivery information in time.
8.3
We are not responsible for delays outside our control. If there’s a delay in supplying your Retainer due to reasons beyond our control, we’ll keep you informed and do our best to minimise the impact. Please also let us know if you experience any delivery delays, so we can trace your order or where we are at fault, arrange a replacement. While we’re not liable for such delays, if a substantial delay occurs, you can contact us to cancel the Contract and receive a refund for any Retainer you’ve paid for but not received.
9.1
Initial cooling-off period. You have an initial 14 day right to change your mind and cancel your Subscription when you first purchase the Subscription. This initial 14 day cooling-off period begins on the day after you receive your first Retainer under the Subscription (“Initial Cooling Off Period”). For example, if you receive your Retainer on the 1st March, the initial cooling-off period will begin on the 2nd March and end on the 15th March. However please see section 9.4 which explains the requirement for you to notify us before despatch.
9.2
Renewal cooling-off period. You also have a 14 day right to change your mind and cancel your Subscription following each renewal of the Subscription Term. The renewal cooling-off period begins on the day after the relevant renewal of the Subscription and ends 14 days later (“Renewal Cooling Off Period”). For example, if your Subscription is due to renew on 1st March, the 14 day renewal cooling-off period will begin on 2nd March and will end on 15th March. However please see section 9.4 which explains the requirement for you to notify us before despatch.
9.3
Renewal cooling-off notice. We will send a notice to you by email, on the first day of the 14 day renewal cooling-off period (or as reasonably close to that date) to remind you of your 14 day renewal cooling-off right including information when the renewal cooling-off period begins and ends, how you may cancel and any refunds you might be entitled to if you do cancel.
9.4
Dispatch and refunds.
9.4.1
Each Retainer is a bespoke, custom-made product, which means you must notify us before we inform you of its dispatch if you wish to cancel and receive a refund of the Subscription Fee paid for that Subscription Term. If you cancel after dispatch, we will still cancel your Subscription and stop future payments and deliveries, but whether you are entitled to a refund for the dispatched Retainer depends on when you cancel:
a) Initial Cooling Off Period (after dispatch): As the first Retainer is provided free of charge, we will refund the amount you paid upfront for the next Retainer due in six months.
b) Renewal Cooling Off Period (after dispatch): You will not be entitled to a refund and as the value of the Retainer will exceed the Subscription Fees paid for that Subscription Term, we reserve the right to charge you the difference, based on our Retainer price list (provided in practice and on our website and at the time of cancellation).
10.1
When you must tell us by? You can cancel your Subscription at any time if you don’t want it to renew at the end of your current Subscription Term. To avoid auto renewal, you must notify us at least 5 days before the current Subscription Term ends, as outlined in the reminder notices we send to you (as explained at section 5.4). Unless you’re cancelling for reasons outlined in sections 9 and 11, you will remain responsible for the monthly payments until the end of your current Subscription Term (and continue to receive the Retainers), even after notifying us of your cancellation.
11.1
Your rights to cancel your Subscription when we are at fault. If we’ve agreed that you’re ending the Contract for one of the reasons listed below, the Contract will end immediately, and we’ll issue a pro-rata refund calculated based on your reason for cancellation and any Retainers you’ve already received. To cancel in these circumstances, please contact us using the details in section 1. We may need you to return the Retainer if you believe it is faulty and will share the steps for return with you when you notify us. If a refund is due, we’ll process it within 14 days, using the same payment method you used - unless we agree otherwise. You can cancel for the following reasons:
11.1.1
we have told you about an upcoming change to the Subscription or these terms which you do not agree to;
11.1.2
we have told you about an error in the price or description of the Subscription, and you do not wish to proceed;
11.1.3
there is a risk that supply of the Retainer may be significantly delayed because of events outside our reasonable control;
11.1.4
we have suspended supply of the Retainer, or notify you that we are going to suspend them (but excluding where you are at fault for such suspension); or
11.1.5
you have a legal right to end the Contract because of something we have done wrong.
12.1
How to cancel your Subscription. You can cancel your Subscription and request a refund (where applicable) by contacting us using the contact details set out at section 1.
12.2
When your Subscription will end. Where you have a right to cancel in accordance with sections 9 or 11, your Subscription (including your right to receive the ongoing supply of the Retainer) will end from the day you notify us of cancellation. Otherwise, if you’re simply choosing not to renew, your Subscription will continue until the last day of the current Subscription Term, as set out in section 10.
12.3
Cancellation notice. We will send a cancellation notice to you in writing, by email, confirming that your Subscription is cancelled (or in the case where you do not wish to renew, confirming when your Subscription will come to an end), and set out any refunds that are due to you.
12.4
How we will refund you. Where a refund is owed, we will refund you within 14 days of cancellation using the same payment method unless agreed otherwise.
13.1
Immediate suspension or cancellation of your Subscription. We may limit, suspend or end the Subscription immediately if any of the following apply (but where possible, will let you put things right first):
13.1.1
we have to end the Subscription by law or in line with any regulation;
13.1.2
if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
13.1.3
you break the Contract in a way that cannot be put right in a reasonable time;
13.1.4
you become bankrupt;
13.1.5
you use the Retainer for the purposes of your trade, business or profession; or
13.1.6
we cannot provide the Subscription anymore, in which case we will refund you for any part of the Subscription you have paid for but not received.
13.2
Refunds and deductions following cancellation by us where you are at fault. If we end the Contract in the situations set out in this section 13, we will refund any money you have paid in advance for the Subscription that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.
14.1
How to notify us. Unfortunately, we understand that on rare occasions, you may experience issues with the Impression Service and/or the Retainer supplied to you as part of your Subscription. If you have any concerns or issues, please contact us using the contact details set out at the beginning of these terms.
14.2
Your legal rights. We honour our legal duty to provide you with the Impression Services and Retainers that are as described to you before and when placing your order. We also have a legal obligation to supply the Retainer to you in conformity with the Contract. For detailed information about your rights please visit the Citizens Advice Site www.citizensadvice.org.uk or call or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
14.3
Your legal rights and remedies
14.3.1
For goods (i.e. the Retainer), the Consumer Rights Act 2015 says goods must be as described, fit for the purpose notified to you and of satisfactory quality. During the expected lifespan of the Retainer your legal rights entitle you to the following:
a) Up to 30 days from the date the Retainer is delivered to you: if the Retainer is faulty, then you can get a refund;
b) Up to six months from the date the Retainer is delivered to you: if the Retainer is faulty and can’t be repaired or replaced, then you’re entitled to a full refund, in most cases, but we may make a deduction to reflect your use of the Retainer since you received it; and
c) Up to six years from the date the Retainer was delivered to you: if the Retainer is defective, you may be entitled to some money back.
14.3.2
For services (i.e. the Impressions Service), the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix of the Impression Service if it’s not performed with reasonable care and skill or get some money back if we can’t fix it.
b) If a price has not been agreed upfront, what you’re asked to pay must be reasonable.
c) If a time has not been agreed upfront, it must be carried out within a reasonable time.
14.4
Your obligation to return faulty Retainers. If you wish to exercise your legal rights to reject a faulty Retainer you must either return it in person to the practice or post them to us at IB4U 33 Kingsland High St, Dalston, London E8 2JS for us to assess the fault. We will pay the costs of postage.
15.1
When we are not responsible for loss or damage. We are responsible for losses you suffer caused by us breaking the Contract unless the loss is:
15.1.1
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
15.1.2
Caused by a delaying event outside our control. We are not responsible for delays outside our control.
15.1.3
Avoidable. Something you could have avoided by taking reasonable action.
15.1.4
A business loss. We are not liable for any business-related losses. The Impressions Service and Retainers supplied under your Subscription are intended solely for domestic and private use. If you use the Retainer for any commercial, business, or resale purposes, we disclaim any liability for loss of profit, loss of business, business interruption, or loss of business opportunity.
15.2
Where we do not exclude or limit our liability. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
15.2.1
death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
15.2.2
fraud or fraudulent misrepresentation;
15.2.3
breach of your legal rights in relation to the Retainer and Impressions Service including the right to receive the Retainer and Impressions Service which are:
a) as described and match information we provided to you and any sample or model seen or examined by you;
b) of satisfactory quality;
c) fit for any particular purpose made known to us;
d) supplied with reasonable skill and care; and
15.2.4
for defective Retainers under the Consumer Protection Act 1987.
16.1
You have several options for resolving disputes with us:
16.1.1
Our complaints policy: We will do our best to resolve any problems you as per our Complaint Policy.
16.1.2
Resolving disputes without going to court: If you remain unhappy with the outcome, you can submit a complaint to Dental Complaints service through their website at Dental Complaints Service. The Dental Complaints Service offers a mediation service between private dental patients and dental professionals.
16.1.3
You can go to court: These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
17.1
How we use your personal data. Please see our Privacy Policy for information regarding our use and retention of your personal information and your data protection rights.
18.1
We may transfer the Contract to someone else. We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under the Contract.
18.2
You need our consent to transfer your rights to someone else. You can only transfer your rights or responsibilities under the Contract with you to someone else if we agree to it in writing.
18.3
Nobody else has any rights under the Contract with you. This contract is just between you and us. No one else has any rights to enforce any of its terms.
18.4
If a court invalidates some of the Contract, the rest of it will still apply. Each of the paragraphs of these terms operate separately. If any part of the terms cannot be enforced, all other parts will still apply and will continue in force.
18.5
Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
