The General Terms and Conditions (GTC) of Swisswhite GmbH in Baar ZG apply in their current version to all our contracts and services. By placing an order for products from our range, these GTC are deemed accepted. Deviating terms and conditions of the customer are only recognized if they have been explicitly agreed upon in writing.
1. CONTRACT
All offers on our websites are non-binding. A purchase contract is concluded with the order confirmation sent via email.
2. PRICES
Prices are listed in CHF and include VAT (7.7%). Price changes are reserved.
3. PAYMENT METHODS
The ordered items can be paid for using the following credit cards or payment services:
• Mastercard
• VISA
• Postcard
• TWINT
• PayPal
• Invoice payable within 20 days (Available only in Switzerland)
3.1 SECURITY
All electronic payment transactions are conducted by Postfinance using the latest security standards.
4. PURCHASE ON INVOICE (including installment payments)
Handled by CembraPay AG. The terms and conditions and privacy policy of CembraPay AG apply.
5. SHIPPING CONDITIONS
Orders are shipped from Switzerland via Swiss Post. Delivery usually takes between 2 and 5 business days depending on the chosen shipping method. This information is without guarantee. The order may be delivered in several partial shipments. Swisswhite GmbH assumes no liability for any items damaged during shipment. Risk and title transfer to the customer upon dispatch of the goods. For deliveries to countries within the European Community, customs duties and VAT may apply. Refusal of acceptance does not release the customer from the purchase obligation, and in case of return, the full invoice amount is due. Any re-dispatch will incur additional charges.
6. SCOPE OF DELIVERY, DELIVERY TIME, AND CANCELLATION
6.1 SCOPE OF DELIVERY
The scope of delivery is defined by our order confirmation.
6.2 DELIVERY TIME
We are only liable for the shipping and delivery times specified on the order confirmation if these are explicitly stated as binding. If a binding shipping or delivery date is exceeded, the customer may set a grace period or immediately withdraw from the contract.
6.3 PARTIAL DELIVERIES
Partial deliveries may be made at our discretion, unless otherwise specified in the order confirmation.
6.4 RETURNS AND REFUNDS
Returns are only accepted in the original packaging and after a return request via email. Complaints about defects must be reported within 14 days of receipt. Generally, there is no right to return products, including items ordered mistakenly. However, we strive to find a mutually satisfactory solution in such cases.
For returns, the shipping costs incurred by Swisswhite/Smilepen will either be charged to the buyer or deducted from the refund amount. The buyer is responsible for the cost of return shipping. By accepting the GTC, you also accept our return policy.
7. RETENTION OF TITLE, SET-OFF, AND RIGHT OF RETENTION
For consumers, we reserve ownership of the goods until full payment of the invoice amount. If you are a business entity, a legal entity under public law, or a special public fund, we reserve ownership of the goods until all outstanding claims from the business relationship are settled. The corresponding security rights are transferable to third parties. A right of set-off only applies if your counterclaims are legally established, undisputed, or acknowledged by us. Additionally, you may only exercise a right of retention if your counterclaim arises from the same contractual relationship. If the customer is in default of any payment obligations, all outstanding claims become immediately due.
8. WARRANTY
If there is a defect in the purchased item acknowledged by us, we are entitled to either rectify the defect or provide a replacement at our discretion. Further claims by the purchaser are excluded, regardless of the legal basis.
9. JURISDICTION
The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Zug, Switzerland.
10. DATA PROTECTION
Our data protection practices comply with the relevant legal requirements. Customer data is used exclusively in connection with order processing. Data may only be shared with companies directly involved in the order process (such as postal services or financial service providers).
11. MONEY-BACK GUARANTEE
To claim our satisfaction or money-back guarantee, we require a photo of you with a visible smile before the treatment (all teeth visible) and a photo after completing the treatment, as well as the return of the product. After verification, we will refund the invoice amount.
Toothbrushes and brush heads are excluded from the money-back guarantee. The money-back guarantee only applies to products purchased directly from Smilepen.
12. FINAL PROVISIONS
Should individual points of these conditions be ineffective, it does not affect the validity of the remaining provisions. Any ineffective provisions are to be replaced by effective provisions that come as close as possible to the intended purpose.
We strive to execute your order to your full satisfaction and ask you to observe the points listed below. We make every effort to keep delivery times short but cannot guarantee specific delivery dates. As a rule, you will receive the goods together with the invoice. Please pay this within 30 days of placing the order and without deductions. Any reminder and collection fees will be fully charged to you. The shipments leave our warehouse in perfect condition. However, if a package arrives damaged or defective, we ask you to return the defective goods to us within 14 days along with a short letter. In case of visible damage to the packaging, please include a damage report from the post office. If an item does not meet your expectations, please return it unused in its original packaging along with the invoice within 14 days of receipt. For understandable reasons, slimming products, health products, and hygiene items are excluded from this return and exchange policy if the original packaging has been opened. This is in line with common legal practices within the European Community. If you have any further questions, our customer service is available to assist you.