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Terms of Sale

Last updated: [DATE]

Draft for legal review. This document is a review-ready template prepared for your solicitor. Placeholders in [SQUARE BRACKETS] must be completed and the whole document approved by a qualified legal adviser before publication. It does not constitute legal advice.

These Terms of Sale (“Terms”) govern the supply of design services, 3D printers, resins and related products (“Products and Services”) by 3D Tooth Lab, a company registered in England and Wales under company number [COMPANY NUMBER], whose registered office is at 18 Tesla Court, Unit 8, PE2 6FL, Peterborough (“we”, “us”, “our”, “DesignMyArch”). Our VAT registration number is [VAT NUMBER].

Please read these Terms carefully before placing an order. By placing an order you confirm that you accept these Terms. If you do not agree, you should not place an order.

1. Who these Terms apply to

We supply both to businesses (for example dental practices and laboratories acting in the course of their business – “Business Customers”) and to individual consumers acting outside their trade, business, craft or profession (“Consumers”). Some provisions apply only to one group and are marked accordingly. Consumers have statutory rights that are not affected by these Terms, including under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2. How a contract is formed

Your order is an offer to buy Products and Services from us. A contract is formed only when we send you an order confirmation or, for design work, when we confirm acceptance of your case. If we are unable to accept your order we will inform you and will not charge you.

3. Prices and VAT

  • Unless clearly stated otherwise, all prices shown on the website are exclusive of VAT. Applicable VAT at the prevailing rate is added at checkout and shown before you confirm payment.
  • Delivery charges, where applicable, are shown separately before you confirm your order.
  • We take reasonable care to ensure prices are correct. If we discover an error in the price of Products or Services you have ordered, we will contact you to confirm whether you wish to proceed at the correct price or cancel the order.

4. Payment

Payment is taken through our payment processor, Stripe. We do not store your full card details. Payment is due at the point of order unless we have agreed alternative account terms with a Business Customer in writing.

5. Design services and custom-made items

Our design services produce digital files and, where ordered, physical items that are made to your specification or clearly personalised to a specific patient (for example surgical guides and try-ins). These are “custom-made” or “bespoke” items.

  • Standard turnaround for design work is [14] working days from the point we have received all information required to begin, unless a different timescale is agreed in writing. Turnaround times are estimates and not guarantees.
  • You are responsible for the accuracy and completeness of the clinical information, scans and instructions you provide. We rely on the information supplied and are not responsible for outcomes arising from inaccurate or incomplete information.
  • You confirm that you are appropriately qualified and authorised to request the design work and to use the resulting files and items, and that you retain clinical responsibility for their use.

[REVIEW: Confirm the intended regulatory classification of any physical items supplied and ensure the description of clinical responsibility and any medical-device status is accurate and compliant. See separate regulatory review.]

6. Cancellation and returns

6.1 Consumers

If you are a Consumer buying at a distance, you generally have a 14-day right to cancel under the Consumer Contracts Regulations 2013. However, this right does not apply to goods or services that are made to your specification or clearly personalised, or to digital design work you have asked us to begin (and which you acknowledge you will lose the right to cancel once work has started). Full details, including how to cancel and the exceptions, are set out in our Returns & Delivery Policy.

6.2 Business Customers

Business Customers do not have a statutory right of cancellation. Returns of standard, unopened stock items (such as printers or resin) may be accepted at our discretion as set out in the Returns & Delivery Policy.

7. Delivery, risk and title

  • We will deliver to the address you provide. Estimated delivery timescales are set out in the Returns & Delivery Policy.
  • Risk in physical goods passes to you on delivery. Title passes to you once we have received payment in full.

8. Faulty or misdescribed goods

Consumers have legal rights if Products are faulty, not as described or not fit for purpose. Nothing in these Terms limits those rights. Hardware supplied is covered by the manufacturer warranty stated on the relevant product page. Please contact us at [email protected] if something is wrong and we will work with you to put it right.

9. Our liability

We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence or for fraud. Subject to that, and except as required by law:

  • for Business Customers, our total liability arising from a contract is limited to [the price paid for the relevant Products and Services], and we are not liable for indirect or consequential loss, loss of profit, or loss of data;
  • for Consumers, we are responsible for loss or damage that is a foreseeable result of our breach, but not for loss that is unforeseeable.

[REVIEW: Liability caps and exclusions must be checked by a solicitor for enforceability, particularly given the clinical context.]

10. Intellectual property

[REVIEW: Set out who owns the design files and any licence granted to the customer to use them.]

11. Governing law

These Terms are governed by the laws of [England and Wales] and disputes are subject to the [non-exclusive] jurisdiction of its courts. Consumers may also have the right to bring proceedings in their own place of residence.

12. Contact us

3D Tooth Lab, 18 Tesla Court, Unit 8, PE2 6FL, Peterborough. Email: [email protected].