Sweet Smiles of Norfolk Limited reserves the right to amend or change any part of these Terms & Conditions at any point at its sole discretion. It is your responsibility to check the Terms & Conditions for any potential changes or amendments prior to each use of Our Site.
- Definitions and Interpretation
1.1 In these Terms & Conditions, unless the context otherwise requires, the following meanings shall apply: “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer, and associated devices, that appears on or forms part of Our Site; and “We/Us/Our” means Sweet Smiles of Norfolk Limited , a company registered in England under company number 13401428, whose registered address is at 69-75 Thorpe Road, Norwich, Norfolk. NR1 1UA which is trading as Sweet Smiles of Norfolk Limited.
- Information About Us
2.1 Our Site is [owned and] operated by Sweet Smiles of Norfolk Limited, a company registered in England under company number 13401428, whose registered address is at 69-75 Thorpe Road, Norwich, Norfolk. NR1 1UA, which is trading as “Sweet Smiles of Norfolk Limited”.
- Access to Our Site
3.1 Access to Our Site is free of charge. 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site. 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. 4.2 Subject to 4.3 [and 4.6] below, you may not reproduce, copy, distribute, sell, rent, sublicense, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us. 4.3 You may: 4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app); 4.3.2 Download Our Site (or any part of it) for caching; 4.3.3 Print [one copy of any] page[s] from Our Site; 4.3.4 Download extracts from pages on Our Site; and 4.3.5 Save pages from Our Site for later and/or offline viewing. 4.4 We are the owner and author (or the authorised licensee) of the Content on Our Site must always be acknowledged. 4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. Our status as the owner and author of content must always be acknowledged. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.] 4.6 [Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
- Links to Our Site
5.1 You may link to Our Site provided that: 5.1.1 You do so in a fair and legal manner; 5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists; 5.1.3 You do not use any logos or trade marks displayed on Our Site without our express written permission; and 5.1.4 You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it. 5.2 [You may link to any page of Our Site.] or [You may not link to any page other than the homepage of Our Site. Deep-linking to other pages requires our express written permission] 5.3 [Framing or embedding of Our Site on other websites is not permitted without our express written permission. Please contact us at [email protected] for further information.] 5.4 You may not link to Our Site from any other site the main content of which contains material that: 5.4.1 [is sexually explicit]; 5.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory; 5.4.3 promotes violence; 5.4.4 promotes or assists in any form of unlawful activity; 5.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; 5.4.6 is intended or is otherwise likely to threaten, harass or materially alarm, inconvenience, upset or embarrass another person; 5.4.7 is calculated or is otherwise likely to deceive another person; 5.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; 5.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this 5.4); 5.4.10 implies any form of affiliation with Us where none exists; 5.4.11 infringes or facilitates the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or 5.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 5.5 [The content restrictions in 5.4 do not apply to Content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.]
- Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. [Professional or specialist advice should always be sought before taking any action where the consequences may be serious.] 7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
- Our Liability
8.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content included on Our Site. 8.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site. 8.3 [Our Site is intended for non-commercial use only.] If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. 8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site. 8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. 8.6 Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. 9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. 9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site. 9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site. 9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. 9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Acceptable Usage Policy
10.1 You may only use Our Site in a manner that is lawful. Specifically: 10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations; 10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; 10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and 10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. 10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions: 10.2.1 Suspend, whether temporarily or permanently, your right to access Our Site; 10.2.2 issue you with a written warning; 10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; 10.2.4 take further legal action against you as appropriate; 10.2.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or 10.2.6 any other actions which we deem reasonably appropriate (and lawful). 10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
- Privacy and Cookies
- Changes to these Terms and Conditions
12.1 We may alter these Terms and Conditions at any time. [If we do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time. 12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting Us
To contact Us, please email Us at [email protected] or using any of the methods provided on our contact page.
- Communications from Us
14.1 If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions. 14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us. 14.3 For questions or complaints about communications from Us (Including, but not limited to marketing emails), please contact Us at [email protected] or using any of the methods provided on our contact page. 14.4 You consent to our communication with you via either email, telephone or other communication methods each time you make a purchase through Our Site or make an enquiry through Our Site.
- Data Protection
- Law and Jurisdiction
16.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. 16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence and nothing in 16.1 above takes away or reduces your rights as a consumer to rely on those provisions. In addition, the jurisdiction of the courts in relation to any dispute concerning these Terms and Conditions shall be determined by reference to your residency. 16.3 If you are a business, any disputes concerning these Terms and Conditions or dealings between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
- Conditions of Sale & Payment Terms
17.1 You must be at least 16 years of age to purchase goods or services from Our Site. 17.2 Prior to purchase of any goods or services on Our Site you must provide us with a valid and applicable payment method including all of the following ( Your name as it appears on your card, your credit/debit card number, your credit card type, the date of expiry, any activation numbers or codes required to charge your card ) By submitting this information to us you hereby agree that you authorise us to charge your card at our convenience but within 30 days of credit card authorisation. 17.3 All sales of products and services are final and all charges from these sales are non refundable. 17.4 All payments must be made and completed prior to any goods being despatched. 17.5 Your card provider agreement governs your use of your specified card used at the checkout process on Our Site and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as the cardholder. 17.6 If Sweet Smiles of Norfolk Limited does not receive payment form your credit/debit card provider or its agent, you agree to pay all amounts due upon demand by Sweet Smiles of Norfolk Limited or its agent. 17.7 You are responsible for paying any governmental taxes imposed on your purchases, including but not limited to value added tax if applicable.
- Order Acceptance Policy
18.1 Your receipt of an order confirmation from Sweet Smiles of Norfolk Limited does not signify acceptance of your order or confirmation of our offer to sell. 18.2 Sweet Smiles of Norfolk Limited reserves the right at any time after receipt of your order to accept or decline your order for any reason, Sweet Smiles of Norfolk Limited also reserves the right at any time after receipt of your order and without prior notice to you, to supply less than the quantity ordered of any item and if your payment has already been taken shall immediately issue a refund using the payment details given in the initial transaction. 18.3 Your order will be deemed accepted by Sweet Smiles of Norfolk Limited upon delivery of our products or services you have ordered
- Modifications to Service, Prices and Billing Terms
19.1 Sweet Smiles of Norfolk Limited reserves the right at any time to modify or change its services, pricing and billing methods for products or services sold 19.2 Any changes to service, prices and billing terms will be effective immediately upon posting the details on Our Site.
20.1 Delivery charges are shown clearly at checkout stage, it will be deemed these charges have been accepted once your order has been placed. 20.2 Whilst we predominantly use Royal Mail and DPD for our deliveries Sweet Smiles of Norfolk Limited reserve the right to use any courier of its choice at any point. 20.3 Sweet Smiles of Norfolk aim to despatch all orders within 48 hours of receipt however at particular busy periods this could take longer, any delays above and beyond this timescale will be communicated to you. 20.3 Sweet Smiles of Norfolk Limited will not accept any responsibility for loss or delays incurred as a result of incorrect address or shipping details given at time of order. 20.4 In the event of an order turning up damaged in the first instance please could you contact us at [email protected] with full details including pictures within 24 hours of receipt of order
- Return Policy
21.1 Whilst we anticipate you will love your orders, in the event of wishing to make a return please contact us in the first instance at [email protected] we will then get back to you with a solution as soon as possible
22.1 All weights shown on product page are approximate net weight of products only and do not include either inner or outer packaging. 22.2 Delivery charges are based on gross weight including inner and outer packaging and will be calculated at checkout
- Ingredients and Allergens
23.1 Whilst every effort has been taken to ensure the accuracy of the product information provided, Sweet Smiles of Norfolk Limited are unable to accept liability for any incorrect information showing on Our Site 23.2 Products and their ingredients may change from time to time, you are advised to always read the product label for ingredients, nutrition, dietary claims and allergens. 23.3 It is the customer’s responsibility to read all of the allergy information contained both on Our Site and the product label prior to assessing any potential risks and harm that could be caused in the event of consumption. 23.4 In the event of any doubt or questions relating to ingredients or allergens please contact us at [email protected] for further assistance