Terms & Conditions

 

THESE TERMS AND CONDITIONS APPLY FOR PURCHASING ON THE INTERNET PORTAL WWW.TOOTHYORIGINAL.COM. THE TERMS AND CONDITIONS SPECIFY THE RIGHTS AND OBLIGATIONS OF THE PROVIDER AND THE BUYER.

1. CONTACT DETAILS:
   Company: Toothy Original s.r.o. - Okružní 101, 411 18, Budyně nad Ohří
   Company Identification Number: CZ09728856
   The company is registered at the Municipal Court in Ústí nad Labem, section C, entry 46286
   Contact e-mail address: support@toothyoriginal.com
   Bank details:
   FIO BANK
   IBAN: CZ2920100000002201939822
   BIC/SWIFT: FIOBCZPPXXX

2. INFORMATION

The information about the goods and their price provided by the Provider shall be perceived as binding except for an obvious error. Prices are stated, including all taxes (e.g. VAT) and fees, including the goods delivery cost.

Payment methods:

• Via bank transfer
• By payment card - Comgate.

 
The Provider does not charge any fees depending on the payment method.
Photos on the website show the goods sold. 

1. 3. INTRODUCTORY PROVISIONS

   3.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) regulate the contracting parties’ rights and obligations. The purchase agreement is concluded between Toothy Original s.r.o as the Seller (hereinafter referred to as the “Seller”) and the Buyer (hereinafter referred to as the “Buyer”).

   3.2. Within the meaning of Section 419 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”), a consumer is any person who enters, outside the scope of their business activities or outside the scope of independent performance of their profession, into a contract with an entrepreneur or otherwise deals with an entrepreneur (hereinafter referred to as the “Buyer-Consumer”).

   3.3. Within the meaning of Section 420 of the Civil Code, an entrepreneur is a person who enters into a purchase contract related to their own business, production or similar activities or within the independent performance of their profession, or a person acting in the name or on behalf of the entrepreneur (hereinafter referred to as the “Buyer-Entrepreneur”).

   3.4. The provisions of this GTC shall apply to the Buyer-Consumer and the Buyer-Entrepreneur in the same way; they are hereinafter collectively referred to as the “Buyer”.

   3.5. Legal relations between the Seller and the Buyer, which are not expressly regulated by this GTC or the purchase contract, shall be governed by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., On consumer protection (hereinafter the “Consumer Protection Act”).

   3.6. The Seller’s online store is operated via the website at the internet address www.toothyoriginal.com. 

    

   4. ORDER AND CONCLUSION OF A PURCHASE AGREEMENT

   4.1. All orders sent through the toothyoriginal.com online store shall be considered binding. By sending the order, the Buyer confirms that they have read the GTC and that the Terms and Conditions are understandable, and that the Buyer unconditionally agrees with them. 

   4.2. To order the goods, the Buyer shall fill in the order form on the website www.toothyoriginal.com. Before sending the order, the Buyer is allowed to check and change the data they have entered in the order because the Buyer shall be able to detect and correct any errors made when entering data into the order.

   4.3. The Buyer’s order is considered to be a draft purchase agreement. The purchase contract is concluded when the Seller confirms the order. The Sller shall send the confirmation immediately upon receiving the order by electronic communication to the e-mail address provided by the Buyer in the order. From this moment on, mutual rights and obligations arise between the Buyer and the Seller.

   4.4. The agreement’s validity is subject to the correct and accurate completion of all data and requisites prescribed by the registration form and the approval of the content of the order. The information provided by the Buyer is to be considered correct.

   4.5. The contract is concluded in English. The Buyer shall archive the concluded contract for the purpose of its successful fulfilment, and the agreement shall not be made accessible to any third non-participating parties.

   4.6. The place of delivery of goods is the address provided by the Buyer in the order.

   4.7. Ownership of the goods shall pass to the Buyer on condition of payment of the total purchase price and acceptance of the goods.

   4.8. The Buyer agrees that means of distance communication shall be used when concluding the purchase contract. The Buyer shall bear the costs incurred while using distance communication to conclude the purchase contract (fees for internet connection, costs of telephone calls).

    4.9. The Buyer acknowledges that the Seller is not obliged to enter into the purchase agreement, especially with persons who have previously materially breached the purchase agreement, including the Terms and Conditions.

    4.10. The Seller can allow purchasing without registration while using the data of unregistered buyers exclusively to fulfil the purchase contract’s subject matter.

    4.11. Photos on the website show the goods sold.

    

   5. PRICE AND PAYMENT METHODS

   5.1. For the purposes of this GTC, the price means the amount stated for each product.

   5.2. The price is paid in the following ways:

   5.2.2. Via payment card (ComGate),

   5.2.3. By non-cash transfer from the account or deposit to the account, provided in advance.

   5.3. The price shall be considered paid when the total amount is credited to the relevant account. Once the price is paid in full, the contract becomes effective.

    

   6. DELIVERY OF GOODS

   6.1. The Seller claims an appropriate time for shipment of the products; this period is stated for each product.

   6.2. The Seller reserves the right to extend the shipping period due to congestion of mail, holidays, or the occurrence of other unforeseen events. The Buyer shall be informed about any delays in the shipping period via electronic communication to the e-mail address or telephone provided by the Buyer when concluding the purchase contract or registration.
   
   6.3. If the Seller cannot ship the entire order, the Buyer has the right to request sending those items of the order that are in stock. In this case, the Buyer shall pay the costs associated with packaging and delivering the goods for each part sent separately.

   6.4. All courier services are charged, and their prices are stated when the transport options are to be selected. 

7.   WITHDRAWAL FROM THE CONTRACT 
The Buyer may withdraw from the contract within 14 days of the goods’ receipt or the last part of the delivered goods, regardless of the goods receipt or payment method. The Buyer may do so by sending their request electronically to support@toothyoriginal.com

7.1. This period is intended to enable the Buyer to get acquainted with the goods’ nature and properties to a reasonable extent. 

7.2. The Buyer shall send or hand over to the Seller their withdrawal from the contract within 14 days. The Buyer does not have to state the reason for withdrawing from the agreement. The Seller is obliged to return the amount fully corresponding to the goods price to the Buyer within 14 days of the withdrawal from the contract by bank transfer to the Buyer’s account. However, if the Buyer has chosen other than the cheapest method of delivering goods offered by the Seller, the Seller will reimburse the Buyer the shipping costs corresponding to the most affordable way of the goods delivery. Should the Buyer withdraw from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods.

7.3. The goods must be returned clean, undamaged, and not hygienically degraded; otherwise, the Seller is entitled to demand from the Buyer compensation for damages and costs necessary to clean or repair the returned goods and offset these costs against the Buyer’s right to a refund of the purchase price.

7.4. The right of withdrawal cannot be exercised in contracts for the supply of goods that have been adapted to the consumer’s wishes or for their person.

7.5. The right of withdrawal cannot be exercised for products removed from the packaging and, thus, hygienically devalued (whitening sets, teeth and interdental brushes, dental floss).

8.0. QUALITY UPON ACCEPTANCE THE GOODS AND RIGHTS FROM DEFECTIVE PERFORMANCE

8.1. If the accepted goods have deficiencies (e.g. they lack the agreed or expected properties, do not fit for the usual or pre-agreed purpose, are not complete, do not correspond to its quantity, size, weight, or quality does not correspond to other legal, contractual or pre-contractual parameters etc.), the Seller shall be held responsible for these defective goods.  

8.2. In the case of a remediable defect, the Buyer has the right to have a new item delivered or parts thereof replaced if they cannot use the item properly due to the defect’s recurrence after repair or due to a higher number of defects. In this case, the Buyer also has the right to withdraw from the contract. 

8.3. If the Buyer does not withdraw from the contract or does not exercise the right to have a new item without defects delivered, or part thereof replaced or have the item repaired, they may request a reasonable discount. The Buyer is entitled to an appropriate discount even if the Seller cannot deliver a new item without defects to them, replace parts thereof or repair the article, as well as if the Seller does not arrange a remedy of such a situation within a reasonable time or if setting such a remedy would cause significant difficulties for the consumer. 

8.4. Should one of the contracting parties know (or should have known) when concluding the contract that they violate the agreement and that the other contracting party would not have entered into the contract if they had foreseen the breach, such a breach is considered a material breach of contractual obligations. 

8.5. In the case of a defect that means a minor breach of contract (regardless of whether the fault is remediable or irremediable), the Buyer is entitled to have such defect removed or to a reasonable discount on the purchase price. Should a remediable defect occur repeatedly after its repair (if the same fault has been claimed for the third time, or the fourth claim of different defects) or the goods are highly defective (at least three flaws at the same time), the Buyer can claim a discount on the purchase price, have the goods exchanged or withdraw from the contract. 

8.6. The Seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use. For selected goods, the Provider undertakes to offer the Buyer an extended contractual guarantee free of charge. 

 

9. COMPLAINT SETTLEMENT

9.1. The Buyer is obliged to file a complaint with the Seller or the person authorised to repair the goods without undue delay from the moment of finding the defect. He can do so in writing or electronically. He should provide his contact details, describe the fault, and request the method of handling the complaint.  

9.2. The Buyer is obliged to inform the Seller which right they have chosen when notifying the defect without undue delay after reporting the fault. The Provider undertakes to settle the claim for the necessary goods, including eliminating the defect without undue delay, but no later than 30 days from its application, unless the Seller agrees with the Buyer on a more extended period. Alternatively, the Seller may replace the product with a substitute for the duration of the complaint. 

 

10. PERSONAL DATA PROTECTION

10.1. The Seller processes personal data to fulfil the contract.

10.2. Details are set out in the data protection conditions of the GDPR that are available at https://www.toothyoriginal.com/privacy/

11. DISPUTE MANAGEMENT

11.1. Disputes between the Seller and the Buyer shall be settled by general courts. The Seller undertakes to predominantly seek the out-of-court settlement of disputes with the Buyer unless the Buyer rejects such a settlement.  

11.2. The Czech Trade Inspection Authority, Company Identification Number: 000 20 869, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from purchase contracts. This procedure shall not be perceived as a mediation pursuant to Act No. 202/2012 Coll., On Mediation, nor arbitration pursuant to Act No. 216/1994 Coll., On Arbitration and the Enforcement of Arbitral Awards. Moreover, its use does not affect the right of the parties to address their claim in court. For the duration of the negotiations on the out-of-court settlement of disputes, neither limitation nor preclusion periods under the Civil Code shall run or begin to run until one of the parties to the dispute expressly refuses to continue the negotiations.

 12. MONEY-BACK GUARANTEE

We have absolute confidence in providing the CURRENTLY best teeth whitening kit. That’s why we provide a 100% money-back guarantee.

We guarantee that your teeth’ shade will lighten by at least two shades after using our teeth whitening kit.

In the unlikely event that you find out that this is not your case, we will refund your money.

To obtain the money-back guarantee, follow the instructions stipulated below:

1. Before using our teeth whitening kit, take a photo of your teeth with the attached dental colour guide, as well as a picture of all intact and unopened whitening gels. Send the photos to support@toothyoriginal.com
2. After finishing the entire treatment, retake a picture of your teeth with the attached dental colour guide together with a photo of the used gels.
3. Send the photos to support@toothyoriginal.com, together with a request for a refund.
4. Your application will be processed within three days of its receipt. After its approval, send us the LED device and the used gels to the address stated below.

 

Important notes:

• Be sure to submit your request within 30 days of receiving the product(s).
• Requests that do not meet these criteria shall not be refunded. We reserve the right to reject a refund request if we are not satisfied with the supporting evidence you have given us. 
• Our money-back guarantee only applies to the first purchase of the teeth whitening kit. It excludes all other products or future whitening orders.
• The complaint shall not apply to the monthly All White kit. If you want to file a claim for this kit, do it after two 6-day treatments.

These Terms and Conditions took effect on January 1^st, 2021.

 

Contact details of the Seller:

Do not hesitate and contact us at any time; we will reply as soon as possible, but no later than 48 hours (on weekends up to 72 hours). The portal’s operator is the business company Toothy Original s.r.o.,  Company Identification Number: CZ09728856.

Mailing address:

Okružní 101
Budyně nad Ohří, 411 18
Czech Republic

E-mail address:  support@toothyoriginal.com