General terms and conditions for customers of LetSmile

Last changed on 9. 7. 2021

General terms and conditions for customers of LetSmile 

 

The following General Terms and Conditions (“GTC”) govern all legal relationships between us, the

LetSmile B.V.

Address: Saturnusstraat 14, 2516 AH, The Hague, Netherlands 

E-mail: info@letsmile.de 

Management: Tony van der Zanden 

Commercial register: 81095007 

Sales tax ID according to § 27a UStG: NL 861926997B01

responsible for the content according to § 55 para. 2 RStV, 

(hereinafter “LetSmile”)

and the users
(hereinafter “customers “1 ) of

our online platform, currently available at https://www. letsmile.de with all subpages (“website”)

This includes in particular the use of digital services made available to customers. The customer may not use the digital services if he does not accept these GTC or does not agree with the privacy policy.

This agreement is directed exclusively to customers who are consumers and have their residence in the Federal Republic of Germany (“FRG”) (see § 13 BGB). 

Our offers are subject to change and non-binding. We reserve the right to change or discontinue offers. Unless otherwise agreed, we expressly object to any conflicting terms and conditions of the user. contradicted . 

 

    1Subject matter of the contract and conditions of use

1.1
LetSmile B.V. and you as the customer enter into this contract for the purpose of joint planning, information, organization and monitoring of the implementation of tooth correction with invisible braces.

1.2 

These General Terms and Conditions include both the services provided by LetSmile to the Customer in the section of the suitability test (see § 2.2) and the purchase contract agreed separately therefrom for the planning, creation and delivery of the aligners by LetSmile during the treatment with the products, with supplementary reference here to the cost estimate.

1.3 

To use the rail treatment and digital services, the customer must be over 18 years of age.

1.4 

For dental treatments with aligners, the customer concludes an independent treatment contract with the treating dentist/orthodontist in each case. This can be external partner dentists or LetSmile’s own dentists/orthodontists. During the entire process of approx. 12-24 weeks, which may vary by separate agreement, LetSmile is available to the customer as a support and contact person. LetSmile allows the customer to contact the treating dentist at any time (email, telephone and/or other video conferencing technologies during normal business hours) if there are medical reasons. 

  • 2Procedure

    2.1Information about the treatment 

On the website, LetSmile provides the customer with general information about the treatment with invisible braces and about possible results. Neither LetSmile nor the treating dentist/orthodontist can guarantee a very specific end result, as the success of treatment with transparent dental trays cannot be clearly predicted. LetSmile cannot guarantee successful treatment with the dental trays advertised through this website, as individual results vary.

    2.2Online consultation
If the customer is interested in treatment, LetSmile offers another face-to-face consultation with a member of LetSmile’s medical team via video conference. During this consultation, the process is once again described to the customer, as well as the possibilities and risks of aligner treatment, and images of the general dental situation in the upper and lower jaw are provided. The online consultation does not yet represent a medical diagnosis and serves primarily to collect visual diagnostic documents, i.e. necessary information and documentation as a basis for the initial assessment by a dentist/orthodontist/specialist.

    2.3Visual diagnosis and suitability check
The submitted visual diagnostic documents will be further reviewed by a (LetSmile) dentist/orthodontist or LetSmile specialist staff to ensure a general suitability of the customer for this treatment. This review is performed according to medical criteria.

If LetSmile does not agree to a treatment, i.e. if medical reasons (diseases or possible expected complications) speak against a treatment, no contract conclusion with LetSmile can take place. In this case, LetSmile can recommend a partner for further treatment to the customer on request and if the diagnosis allows it. 

2.4     Payment
Provided the suitability check is positive, LetSmile will invoice the customer for the preparation and approval of the treatment plan by the LetSmile dentist/orthodontist/dental laboratory and the provision of the aligners prior to the start of the treatment process. After payment of the invoice amount or approval of the installment payment by a financing agency, the LetSmile treatment starts. The prices shown on the website are inclusive of any sales tax and are prime rates. After payment of the purchase price or approval by the financing body (financing commitment), the customer simultaneously commissions both LetSmile to manufacture and deliver the aligners and the (LetSmile) dentist/orthodontist/dental laboratory to prepare, check and approve the treatment plan. If financing has been applied for, the treatment will only begin with the binding approval of the respective financing bank. 

Any necessary pre-treatments (e.g. caries removal, periodontal treatments, etc.) are not covered here. As a rule, the reimburser (health insurance) will reimburse part of the treatment costs. LetSmile does not guarantee the reimbursement and does not provide any further assistance. If a caries or periodontal treatment should be necessary, this must be carried out before LetSmile treatment starts and at the customer’s own responsibility. 

The Customer agrees that invoices shall be sent exclusively in electronic form.

2.5 Preliminary diagnostic documents
The
first step of the treatment with the LetSmile aligners is the examination and the preparation of the following diagnostic documents, usually at the respective family dentist of the customer:

  • General caries and periodontal check-up 
  • X-ray of the maxilla and mandible
  • Digital scan or manual impression of the teeth of the upper and lower jaws


If the general dentist detects caries and/or periodontal disease, LetSmile recommends that this be treated before the start of LetSmile treatment. If this treatment will take longer than three months, LetSmile recommends not to have an X-ray and impression taken and to schedule them for an appointment after the caries and/or periodontal treatment, as these images should be as up to date as possible. It is explicitly pointed out that these possible pre-treatments are not part of LetSmile’s offer and that they can usually be reimbursed to the customer as a service provided by a health insurance company.

When taking the X-ray, the general dentist has the option of billing it as a general diagnostic document as a health insurance service based on common GOZ codes, since the general dentist can also use this X-ray for further (preventive) treatments.

The individual impression of the upper and lower jaw (i.e. the “situation model”), whether digital or analog, should be billed by the general dentist according to “GOZ 5170, Max Factor 2.3”, plus material costs (“bite registration”) for analog impressions. Since this is not a health insurance service, it is an additional cost to be borne by the customer in the amount of approximately 80€ – 100€.

The customer provides LetSmile with the diagnostic documents so that LetSmile can create a treatment plan in cooperation with the manufacturer’s laboratory.
The customer is responsible for sending these documents to LetSmile – either digitally to diagnostik@letsmile.com with first and last name or by post using the return packaging provided to the customer including return label. In case of manual impression, the customer can send the impressions or models directly to LetSmile. The customer assumes the technical responsibility for the required data security during the transmission process.

    2.6Creation and communication of the 3D simulation







After receipt of the documents on the dentition situation, a 3D simulation of the treatment is created and made digitally available to the customer in order to show the treatment objective on a customer-specific basis.
If the customer is not satisfied with this simulation of the treatment goal, he can request an adjustment of the 3D simulation within a period of 3 days from the provision of the 3D simulation (time stamp of the digital communication).
If LetSmile is not able to adjust the 3D simulation satisfactorily for the customer, the customer may cancel the treatment at that time. In this case, the customer will be refunded the full purchase price by LetSmile.
If the customer does not respond within the aforementioned period, the order of the aligners will be initiated automatically.

2.7     Ordering and production of the aligners and delivery
The treating dentist/orthodontist views the patient-specific treatment plan and gives the laboratory the go-ahead to produce the aligners and send them to the customer on behalf of LetSmile
The provisions of the Product Liability Act remain unaffected.

2.8     Treatment
After receipt of the aligners, the patient is required to carry out the treatment exactly as previously recommended by LetSmile and shown in the supplement to the delivery. This includes the non-exhaustive points:

  • No eating with aligners
  • No hot drinks while wearing the aligners on the teeth
  • Brush teeth after eating and before reinserting the aligners
  • Bi-weekly change of aligners
  • Wearing time at least 20 hours per day
  • Do not smoke while wearing the aligners on your teeth

LetSmile enables the patient to contact the treating dentist/orthodontist at any time, especially in the event of complications or pain. This is done primarily via digital means of communication.

In case of any complications, the customer is required to inform LetSmile immediately.

2.9     Conclusion
Depending on the initial treatment planning, the treatment is considered completed after 12-24 weeks and after approval by the treating dentist/orthodontist, unless otherwise agreed.

The client has the option to continue the treatment if the result does not yet meet his/her expectations. This correction is available for an additional price and depends on the additional treatment trays and treatment weeks.  

  • 3Notes and cooperation obligations of the customer

    Aligner treatment will not be successful without the customer’s cooperation. In particular, the customer must 
  1. Follow treatment instructions, which may result in premature treatment discontinuation due to non-compliance if not followed; 
  2. maintain the data required for treatment by the dentist/orthodontist providing treatment (see above);
  3. accept the aligners himself. If he does not accept them, he shall be in default of acceptance unless he is not responsible for this; 
  4. promptly report any serious, unexpected or adverse events that occur during his or her treatment.

 

    4Purchase price for LetSmile treatment

Payment of the purchase price covers both the production and delivery of the aligners and the organizational support and medical supervision of the treatment process in accordance with the treatment plan. For this purpose, reference is made to the treatment plan and services that are not explicitly listed in the treatment plan are not agreed upon in case of doubt. Any pre-treatments required for treatment with aligners (e.g. caries removal, periodontal treatments) are not included in this purchase price and must be invoiced separately to the customer by the general dentist.

If LetSmile offers it in the online purchase process, the customer can choose to pay in installments as an alternative to the total payment when placing the order. The conditions listed on the LetSmile website apply to this. 

 

  • 5 Data protection and copyright

    5.1Because of the
    processing and disclosure of the customer’s data by LetSmile, reference is made to the separately included privacy policy at the conclusion of the contract.

    www. letsmile.de has a privacy policy, which is part of the GTC and part of the use of this website. This can be found at https://letsmile.de/datenschutz. Any information sent to us by customers will be processed in accordance with this privacy policy. By using our website, the customer allows us to process data and guarantees the accuracy of the data he/she sends us.

    By using our website, the customer acknowledges that Internet transactions and communications are never completely secure. He is aware that messages or information sent on the website may be intercepted and viewed by third parties.

    5.2Our website
    contains external links (“Links”) to other websites over whose content we have no control. For this reason, we cannot assume any liability for these contents. The respective provider of the linked website is responsible for the content and accuracy of the information provided therein. At the time of linking, no legal violations were apparent. However, a permanent control of the contents of the linked websites is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove the links immediately.

    5.3
    All of the digital services (such as, but not limited to, texts, graphics, logos, button icons, images, images and sound recordings, digital downloads, data collections and software) are protected by copyright or other intellectual property rights and, if applicable, also by industrial property rights. Without our prior written consent, the digital services may not be modified, duplicated, republished, reproduced, copied, sold, resold, downloaded or uploaded, posted, transmitted, publicly displayed or made available, further developed or used for other commercial purposes, in whole or in part. 
  • 6 No right of withdrawal

    Our dental aligners are unique and are made individually for the customer. The customer has no right of revocation with regard to the purchase of his individually manufactured aligners, as these are not prefabricated goods (cf. § 312 g) para. 2 no. 1 BGB). After ordering the custom aligners via distance communication, the right of revocation is expressly excluded.

  • 7 Term of contract

    7.1
    The cooperation between the Customer and LetSmile is project-related. The purchase contract for the aligners at LetSmile begins in each case with the chargeable order on the part of the customer.

    7.2
    The contracts end with the fulfillment of all principal obligations. 
  • 8Liability

    8.1
    Neither LetSmile nor the treating dentist/orthodontist can ever guarantee a specific treatment result.

    8.2
    Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on
    our intentional or grossly negligent breach of
    duty or an intentional or grossly negligent breach of duty by our legal representatives or our vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

    8.3
    LetSmile is not liable for:

– Damage resulting from misuse, abuse or improper care of the dental trays by the dentist/orthodontist, patient or other third parties;

– Damage that may occur due to disregarding the application plan and instructions for use, for example, and not exhaustively: wearing the dental trays deviating from the application plan, not wearing the dental trays continuously, wearing the dental trays less than 20 hours a day.

– Damage caused by products from other companies that the customer has used in combination with our dental trays.

8.4 The liability of LetSmile for slightly negligent breaches of essential obligations (cardinal obligation) is limited to typically foreseeable damages. LetSmile is not liable for slightly negligent breaches of other obligations. A cardinal obligation is essential for the execution of the contract, whereby the customer here typically relies on its fulfillment. The limitations of liability also apply in favor of our legal representatives and vicarious agents. 

  • 9Amendment of the GTC

9.1 The
Customer may print out these GTC using the print function of its Internet browser or save them on its end device using the “Save page” function, if the end device is technically capable of doing so. 

LetSmile is entitled to amend these General Terms and Conditions if this is necessary for valid reasons, in particular due to a changed legal situation or supreme court rulings, technical changes or further developments, new organizational requirements of mass traffic, regulatory gaps in the GTC, changes in market conditions or other equivalent reasons and does not unreasonably disadvantage the customer.

9.2 The
Customer shall be informed of the amendment via his last known e-mail address or – if e-mail is not available – postal address, stating the content of the amended provisions. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks after receipt of the amendment notification. 

  • 10Dispute resolution procedure before a consumer arbitration board
    LetSmile does not participate in a dispute resolution procedure (§ 36 VSBG). 
  • 11 Final provisions

    11.1
    The contractual language is German. Amendments to this contract must be made in text form. Any amendment to this text form clause shall also require text form.

    11.2
    No ancillary agreements have been made.



Status: 17.04.2021