UK SMILES MARKETING LTD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

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UK SMILES MARKETING LTD

TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

UK SMILES MARKETING LTD

1. INTERPRETATION

1.1 Definitions

In these Conditions, the following definitions apply:

- “Booking Fees” (also referred to as “Online Deposit(s)” or “Online Deposit”): the fees payable by the Customer for the supply of the Services in accordance with Clause 5 and Schedule 3.

- “Online Deposit(s)”: has the same meaning as Booking Fees; any reference to “Booking Fee(s)” includes “Online Deposit(s)” and vice versa.

- “Business Day”: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

- “Commencement Date”: the date the Contract is formed under Clause 2.2.

- “Conditions”: these terms and conditions as amended from time to time under Clause 21.

- “Contract”: the contract between the Facilitator and the Customer for the supply of Services in accordance with these Conditions.

- “Customer”: the person who purchases Services from the Facilitator.

- “Data Protection Legislation”: all applicable UK data protection and privacy laws (including the UK GDPR and Data Protection Act 2018).

- “Dental Service Provider”: the independent third-party dental clinic/dentist providing the Treatment to the Customer in Turkey (or other jurisdiction specified in writing).

- “Deposit”: any monies paid by the Customer to third parties (e.g., hotels, transfer providers) which are not the Booking Fee/Online Deposit.

- “Facilitator”: UK Smiles Marketing Ltd (company no. 12731398).

- “Force Majeure Event”: events beyond a party’s reasonable control (see Clause 15).

- “Services”: the facilitation and coordination services described in this Contract and any Schedule, including liaison with the Dental Service Provider and logistical support.

- “Treatment”: the dental treatment/surgery selected by the Customer from the Dental Service Provider.

- “Treatment Package”: the combination of planned Treatment(s) and any associated logistics as described in the Customer’s quote/itinerary.

1.2 Interpretation

1.2.1 References to statutes include amendments, re-enactments and subordinate legislation. 

1.2.2 “Including”, “in particular” etc. are illustrative and do not limit preceding words. 

1.2.3 “Writing” includes email (but not fax). 

1.2.4 A reference to a party includes its successors and permitted assigns. 

1.2.5 Headings are for convenience only and do not affect interpretation. 

1.2.6 Any reference to “Booking Fee(s)” shall be read as including “Online Deposit(s)”, and vice versa.

2. BASIS OF CONTRACT

2.1 The Customer’s request for a quotation is an offer to purchase Services under these Conditions. 

2.2 The Contract is formed on the Customer’s acceptance (electronically or otherwise) after receiving these Conditions (the “Commencement Date”). 

2.3 Marketing materials are illustrative only and do not form part of the Contract. 

2.4 These Conditions apply to the exclusion of all other terms unless required by law.

3. SUPPLY OF SERVICES

3.1 The Facilitator shall supply the Services with reasonable care and skill. 

3.2 Dates/timelines are estimates only; time is not of the essence. 

3.3 The Customer acknowledges the Facilitator does not provide Treatment; all Treatment is provided by the Dental Service Provider under a separate contract. 

3.4 The Facilitator will coordinate communications and logistics reasonably between the Customer and the Dental Service Provider. 

3.5 Complaints procedure: see Schedule 2.

3.6 Cooling-off (Consumer Contracts Regulations 2013) & Early Performance

(a) If the Contract is a distance/off-premises consumer contract, the Customer has a 14-day cancellation right as set out in Schedule 1. 

(b) By paying the Booking Fee/Online Deposit, the Customer expressly requests that the Facilitator begin supplying the Services immediately. 

(c) If the Customer cancels within the 14-day period after Services have begun, the Customer must pay a proportionate amount for Services supplied up to cancellation. 

(d) If the Services are fully performed within the 14-day period, the Customer’s right to cancel under the Regulations is lost.

3.7 Service Milestones (when Services are “performed”)

For clarity, the Services are considered performed in stages, including any of: triage/assessment of information; quotation and itinerary preparation; coordination with the Dental Service Provider; booking/confirmation of clinic appointments or third-party services; arranging transfers/accommodation when requested; case management and communications. Once a milestone is completed, that portion is deemed performed.

4. CUSTOMER OBLIGATIONS

4.1 The Customer shall: 

(a) ensure all information provided is complete and accurate; 

(b) cooperate with the Facilitator; 

(c) provide necessary information/materials promptly; 

(d) pay all Booking Fees (Online Deposit(s)) and any other sums due; 

(e) comply with the Contract and reasonable instructions.

4.2 If the Customer’s act/omission delays performance, the Facilitator may suspend Services, is not liable for resulting loss, and the Customer shall reimburse reasonable costs arising.

5. CHARGES AND PAYMENT

5.1 The Booking Fees (each an “Online Deposit”) for the Services shall be: 

(a) calculated as set out in Schedule 3 and/or the Customer’s quote; and 

(b) payable in addition to any reasonable third-party costs necessary for the Services.

5.2 The Facilitator will invoice when the Customer confirms a Treatment Package (and for subsequent treatments if any). The invoice may include: (i) the Facilitator’s Booking Fee (Online Deposit); and (ii) third-party costs (Treatment, accommodation, transfers) for clarity. Third-party costs are separate from, and not part of, the Booking Fee/Online Deposit.

5.3 The Customer shall pay: 

(a) the Booking Fee (Online Deposit) in full and cleared funds by the invoice due date; and 

(b) any other sums due, to the bank account nominated by the Facilitator.

5.4 VAT: as stated on the invoice (if applicable). 

5.5 Late payment: interest accrues daily at 4% above Bank of England base rate from the due date until paid.

5.6 Online Deposit / Booking Fee — Day-One Work & Use

(a) Immediate commencement. On the Booking Date (the day the Customer pays the £200 Booking Fee/Online Deposit), the Customer expressly requests that the Facilitator start work immediately. Day-one work commonly includes: triage and case assessment, preparation of quotations and itineraries, liaison with the Dental Service Provider, initial scheduling/holds for clinic appointments, and (where requested) placing or securing reservations for transfers and/or accommodation. 

(b) Day-one consumption of the £200. Because of the scope and intensity of day-one work, the Facilitator’s reasonable, demonstrable costs on the Booking Date will typically equal or exceed the £200 Booking Fee/Online Deposit, meaning the full £200 is normally consumed on the day the deposit is paid. 

(c) Cooling-off interaction. If the Customer cancels within 14 days of the Booking Date: 

  • before the Facilitator begins supplying the service → the deposit is refunded in full; 

  • after the Facilitator begins → the Facilitator retains a proportionate amount for services already supplied (which will typically be up to the full £200 given the day-one work described above) and refunds any balance within 14 days; 

  • if the service is fully performed within the 14-day period, the statutory right to cancel is lost. 

(d) After 14 days (or where cooling-off does not apply). If the Customer cancels after 14 days, the Facilitator will retain from the £200 Booking Fee/Online Deposit only what fairly reflects the Facilitator’s reasonable, demonstrable costs already incurred at the time of cancellation (including any non-refundable third-party fees booked for the Customer). Any balance is refunded within 14 days. Given the scope of day-one work, in most cases this will equal the full £200. If evidenced costs are lower than £200, the difference will be refunded. 

(e) Clinical unsuitability. If the Dental Service Provider deems the Customer clinically unsuitable, the Facilitator refunds any sums it holds for unperformed Services, less reasonable admin already incurred, within 14 days. 

(f) Rescheduling. The Customer may reschedule (subject to availability). Changes with fewer than [7–14] days’ notice may incur a reasonable admin fee reflecting costs the Facilitator cannot recover; otherwise, the Facilitator will apply the Booking Fee/Online Deposit to the new date (less any irrecoverable third-party charges).

6. CHANGES, RESCHEDULING & CANCELLATIONS (beyond statutory rights)

6.1 Customer-requested reschedule of confirmed dates with fewer than [7–14] days’ notice may incur a reasonable admin fee reflecting irrecoverable costs. 

6.2 No-shows or same-day cancellations may be treated as a cancellation of Services to the extent of that appointment/booking. 

6.3 Fair deposit retention: Outside statutory cooling-off, the Facilitator may retain the Booking Fee/Online Deposit only to the extent of reasonable, demonstrable costs already incurred (admin time, coordination, bookings). Any balance will be refunded within 14 days.

7. MEDICAL SUITABILITY

7.1 Clinical decisions are made solely by the Dental Service Provider. 

7.2 If deemed clinically unsuitable, the Facilitator refunds any sums it holds for unperformed Services, less reasonable admin already incurred, within 14 days. Sums paid directly to third parties are governed by those parties’ terms.

8. ROLE OF THE FACILITATOR (IMPORTANT)

8.1 The Facilitator is not a medical provider and does not provide medical advice or Treatment. 

8.2 The Dental Service Provider is an independent third party responsible for clinical outcomes, warranties and professional standards. 

8.3 The Facilitator is not an agent of the Customer or of the Dental Service Provider for clinical care.

9. TRAVEL, ACCOMMODATION & PACKAGE TRAVEL

9.1 Unless expressly stated in writing, the Facilitator does not act as a travel organiser under the Package Travel and Linked Travel Arrangements Regulations 2018. 

9.2 Assistance with accommodation or transfers (if any) is an introduction/coordination only; the Customer’s contracts are with the third-party providers. 

9.3 The Customer is responsible for suitable travel insurance.

10. VISUALS, PREVIEWS & TESTIMONIALS

10.1 Digital Smile Design previews, photographs and testimonials are illustrative and do not guarantee identical outcomes. Results vary by clinical factors. 

10.2 Before/after images are representative examples unless stated as the Customer’s own case.

11. INTELLECTUAL PROPERTY

11.1 All IP in the Services/deliverables remains with the Facilitator; a non-exclusive, worldwide licence is granted to use them as necessary to enjoy the Services. 

11.2 No access to source code or right to copy/adapt materials is granted beyond the licence above.

12. DATA PROTECTION & MEDICAL IMAGES

12.1 Each party shall comply with Data Protection Legislation. See the Facilitator’s Privacy Policy. 

12.2 Medical images & health data: Where the Customer shares photos/X-rays/health information for assessment, the Customer gives explicit consent to the Facilitator using this special-category data to assess, coordinate and obtain quotes, and to share it with the chosen Dental Service Provider for that purpose. 

12.3 The Customer may withdraw consent at any time (this may affect the ability to provide Services). 

12.4 The Customer consents to electronic communications and e-signatures for contracting and notices.

13. WARRANTY, AFTERCARE & LIMITATIONS

13.1 Any clinical warranty is provided by the Dental Service Provider under its own terms. 

13.2 The Facilitator provides administrative aftercare (advice/coordination) in the UK but does not perform clinical treatment in the UK. 

13.3 For post-treatment issues in the UK, the Customer should contact the Facilitator first; the Facilitator will triage and coordinate with the Dental Service Provider. Emergency local care may be arranged at the Customer’s cost unless agreed otherwise.

14. LIMITATION OF LIABILITY

14.1 Nothing limits liability for death/personal injury caused by negligence, fraud, or other liability which cannot be limited by law. 

14.2 Subject to 14.1, the Facilitator is not liable for loss of profits, business, agreements, anticipated savings, goodwill, or any indirect or consequential loss. 

14.3 The Facilitator is not liable for Treatment or for acts/omissions of the Dental Service Provider. 

14.4 Subject to the above, the Facilitator’s total liability is limited to 100% of the total Booking Fees (Online Deposit(s)) paid or payable in connection with the relevant Treatment Package.

15. FORCE MAJEURE

15.1 Neither party is in breach nor liable for delay/failure caused by a Force Majeure Event, including (without limitation) pandemics/epidemics, government actions, travel bans, airline failures, extreme weather, strikes, and major IT outages. 

15.2 If a Force Majeure Event continues for 30 days, either party may terminate on written notice; the Facilitator will refund any sums it holds for unperformed Services, less reasonable costs already incurred.

16. COMPLAINTS & ADR

16.1 Complaints: see Schedule 2. 

16.2 Alternative Dispute Resolution (ADR): The Facilitator is not obliged to use ADR but may consider an approved UK ADR provider. Details available on request.

17. NOTICES

17.1 Notices must be in writing and sent by email or post to the address/email last notified. 

17.2 Cancellations under Schedule 1 may be sent to: hello@uksmiles.co.uk including name, address, date, and reference.

18. ASSIGNMENT

18.1 The Facilitator may assign/transfer/subcontract its rights/obligations. The Customer may not assign without prior written consent.

19. CONFIDENTIALITY

19.1 Each party shall keep confidential all non-public information received from the other in connection with the Contract, except as required by law or to professional advisers.

20. ENTIRE AGREEMENT

20.1 The Contract constitutes the entire agreement and supersedes prior discussions/representations not expressly set out herein, save as required by law.

21. VARIATION

21.1 No variation is effective unless in writing and signed or confirmed by the Facilitator (email suffices).

22. WAIVER

22.1 A waiver of any right is only effective if in writing; no delay/omission constitutes a waiver.

23. SEVERANCE

23.1 If any provision is invalid/unenforceable, it shall be deemed modified to achieve the intent, or severed; the remainder remains in force.

24. AGE & CAPACITY; REASONABLE ADJUSTMENTS

24.1 Cosmetic dentistry is generally 18+; under-18s require parental/guardian consent and clinical justification. 

24.2 The Facilitator and Dental Service Provider will make reasonable adjustments for nervous/vulnerable patients (please inform us of any needs in advance).

25. GOVERNING LAW & JURISDICTION

25.1 This Contract is governed by the law of England and Wales. 

25.2 The courts of England and Wales have exclusive jurisdiction.

SCHEDULE 1 – CANCELLATION INSTRUCTIONS (Consumer Contracts Regulations 2013)

Right to cancel: If this is a distance/off-premises contract, you may cancel within 14 days of the Commencement Date without giving any reason, subject to the early-performance terms in Clause 3.6.

How to cancel: Email hello@uksmiles.co.uk or write to us stating you wish to cancel, including your name, address, contact details and order reference. You may (but do not have to) use the Model Cancellation Form below.

Effects of cancellation:

- If you cancel before we begin supplying Services, we will refund all sums you have paid within 14 days.

- If you cancel after we begin supplying Services within the 14-day period, you must pay a proportionate amount for Services already supplied; we will refund any remaining sums within 14 days.

- If we have fully performed the Services within the 14-day period, your cancellation right is lost.

Model Cancellation Form

To: UK Smiles Marketing Ltd, Email: hello@uksmiles.co.uk

I hereby give notice that I cancel my contract for the supply of Services.

Name: __________ Address: __________ Postcode: ______

Email/Phone: __________ Date of order: ___/___/____

Signature (if by post): __________ Date: ___/___/____

SCHEDULE 2 – COMPLAINTS PROCEDURE

1) Please contact hello@uksmiles.co.uk with your name, summary of the issue, dates, and any supporting documents/photos. 

2) We will acknowledge within 2 Business Days and aim to provide a full response within 10 Business Days. 

3) If your complaint concerns clinical treatment, we will coordinate with the Dental Service Provider and share their process/outcome with you. 

4) If not resolved, you may request escalation to a senior manager. We may also consider an approved ADR scheme.

SCHEDULE 3 – THE BOOKING FEES (also referred to as Online Deposit(s))

Day-One Work & Typical Cost Profile

- On the Booking Date we begin supplying the service immediately: triage/assessment of case materials; preparing quotations and itineraries; liaising with the Dental Service Provider; placing/holding clinic appointments; and, where requested, initiating reservations for transfers/accommodation.

- The reasonable, demonstrable costs of this day-one work typically equal or exceed £200, therefore the £200 Online Deposit / Booking Fee is normally fully used on the day it is paid.

- If you cancel within 14 days, we will deduct only a proportionate amount for services already supplied (often up to the full £200 given the above) and refund any balance within 14 days.

- If you cancel after 14 days, we retain only the amount that reflects our reasonable, demonstrable costs already incurred; if that is less than £200, we refund the difference within 14 days.

Rescheduling / No-show

- Changing confirmed dates with fewer than [7–14] days’ notice may incur a reasonable admin fee reflecting unrecoverable costs.

- Same-day no-shows may be treated as cancellation for that appointment/booking.

SIGNATURES (optional if contracting electronically)

By proceeding and/or paying the Booking Fee/Online Deposit, you confirm acceptance of these Conditions and request we begin supplying Services immediately.