Terms and conditions of trade of The Denture Shop and A & N Valuedent Limited

1. Interpretation

In these Conditions the following words have the following meanings:
1.1. Conditions: The standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Patient and The Denture Shop.
1.2. A &N Valuedent trading as: The Denture Shop
1.3. Patient: Any person(s), firm or company that purchases Goods and/or Services from The Denture Shop.
1.4. Contract: Any agreement between The Denture Shop and the Patient for the sale and purchase of Goods and/ or the supply of Services incorporating these conditions.
1.5. Goods: The goods agreed in the Contract to be supplied by The Denture Shop to the Patient.
1.6. Services: The Services agreed in the Contract to be supplied by The Denture Shop to the Patient.
1.7. CDT: Clinical Dental Technician

2. General

2.1. Unless there is a variation under Condition 2.2 all Contracts will be on these conditions to the exclusion of all other terms (including any terms the Patient purports to apply under any purchase order, confirmation of order, specification or other document).
2.2. These conditions apply to all The Denture Shop’s sales and no variation of these Conditions or representation shall have any effect unless agreed in writing by an authorised official of The Denture Shop.
2.3. The Denture Shop shall be entitled to assign its rights under the Contract and sub-contract any or all of its obligations under the Contract to any third party.

3. Consultations and Treatment

3.1. Initial Consultation – The consultation provided by The Denture Shop at the pre-agreed appointment will be provided to the patient free of charge. If for any reason the patient does not present themselves on time and in a state that the initial consultation can be performed or fails to attend the consultation and does not give 48 hours notice of cancellation then the appointment will be cancelled, and The Denture Shop can charge a fee of £40 for the consultation. In certain cases The Denture Shop may need to move the appointment, if this occurs The Denture Shop will notify the patient as soon as the need for rescheduling arises, and offer an alternative time.
3.2. It is the aim of The Denture Shop that the patient receives adequate information on the treatment options available to them, together with their consequences, costs, and possible risks. The patient should be able to discuss with their CDT the options available in order to select a course of treatment that is medically sound, aesthetically pleasing, and financially affordable. Please make sure you understand the implications of the treatment offered and the alternatives before agreeing to any treatment provided.
The CDT cannot be held responsible for the diagnosis and treatment planning of any other dental professional such as a Dentist or Implant Surgeon.
3.3. In some cases it may only become apparent after the commencement of the treatment that the course of treatment discussed during the Initial Assessment has to be modified. At other times it may happen at the very onset when specialists are consulted or it is the result of tooth loss or an anatomical change by the patient. The implications of such findings will be explained and a modified treatment plan will be agreed. In some cases the modified treatment plan may involve extra costs. During this process the patient may decide not to continue with the treatment. In this instance the patient will only have to pay for treatment and laboratory work which has been provided.
3.4. The Denture Shop has the absolute right to discontinue treatment at any time without any obligation for compensation if the patient is not medically or mentally fit for the recommended treatment or if the payment obligations are not met.
3.5. In some cases, The Denture Shop may need to make changes to the patient’s appointment time and/or the place of treatment and/or the treating clinician. In this event we will contact the patient to advise them of those changes at the first available opportunity.
3.6. The Denture Shop may at any time without notifying the patient make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services applicable to all Denture Shop’s sales. No variation of these Conditions or representation shall have any effect unless agreed in writing by an authorised official of The Denture Shop.
3.7. The Denture Shop shall be entitled to assign its rights under the Contract and sub-contract any or all of its obligations under the Contract to any third party.

4. Price

4.1. The price for the Goods and Services shall be as listed in The Denture Shop’s price list as at the date of delivery in the case of the Goods or on the date of performance in the case of the Services.
4.2. In addition to the price applicable, the Patient must pay all value added tax (if applicable) any other taxes, levies or duties, carriage, insurance costs, loading and unloading costs.
4.3. The Patient will have to pay an additional charge (which The Denture Shop will tell the Patient about) if the Patient requires The Denture Shop to deliver the Goods or to provide the Services outside normal working hours.
4.4. The Denture Shop may revise its price list from time to time without telling the Patient but The Denture Shop will not increase the price for the Contract between the date of the Patient’s order and when it delivers the Goods and/or provides the Services if there is an increase in the cost of raw materials, labour and/or other production costs, changes in the types or rates of tax contributions or levies.
4.5. The Denture Shop will be entitled to invoice the Patient at any time following delivery of the Goods and/or provision of the Services to the Patient.
4.6. The Patient shall notify The Denture Shop in writing of any changes in its name, address or other circumstances that may affect the payment of accounts at least 14 days in advance of the date of effect.
4.7. Any additional work to the final product needed as a result of tooth loss or anatomical change will incur a separate charge 4.8 Written quotations valid for 30 days only.

5. Payments, Deposits, Cancellations and Refunds

5.1. Payment of a 50 percent deposit should be paid initially with the final payment made when the dentures are fitted. This shall be in the currency stated on the invoice and made without any deduction, set-off or withholding. The Denture Shop accepts the following types of payment methods – cash, cheque or card transactions. Credit card payments will incur a 3% surcharge.
5.2. The deposit paid to The Denture Shop is non-refundable.
5.3. No payment shall be deemed to have been received until The Denture Shop has received cleared funds.
5.4. The Denture Shop reserves the right to claim interest on late payment at the rate of 3% per month.
5.5. The Patient will pay, on demand and on a full indemnity basis, all costs and expenses (and VAT) which The Denture Shop may from time to time incur by reason of the Patient’s failure to perform its obligations under the Contract.
5.6. Except as otherwise expressly provided in these Conditions, cancellation of an order by the Patient, in whole or in part cannot be accepted without The Denture Shop’s consent in writing which shall only be given if a full indemnity is given by the Patient to The Denture Shop. All cancellations of any order must be made in writing and cannot be accepted verbally, all cancellations during the treatment process are non-refundable. Cancelling the treatment will result in the loss of the 50% deposit.
5.7. If for whatever reason the Patient requests a refund after completion of treatment that is not due to faulty workmanship or failure of the CDT to follow the treatment plan then, if the refund is agreed, the initial 50 percent deposit will be retained by The Denture Shop. All requests for refunds must be made in writing and cannot be accepted verbally. In the event that a refund is granted the goods should also be returned to The Denture Shop.

6. Passing of Risk and Property

6.1. Risk of loss, damage or deterioration in the Goods shall pass to the Patient after full payment of all sums due to The Denture Shop.
6.2. Ownership of the Goods shall not pass to the Patient until The Denture Shop has received full payment of all sums due to The Denture Shop on any account.

7. Complaints

7.1. If you are unhappy with your care or the service you have received, it is important you let us know so we can improve either by giving us feedback or making a complaint. It is worthwhile discussing your concerns early on with us so we can aim to sort the issue out quickly. Most problems can be dealt with at this stage. You can speak to a member of staff or send us an email on horsham@thedentureshop.com. In some cases, you may feel more comfortable speaking to someone not directly involved in your care. If this is the case then please contact Sarah Boult on 07557 079955 or via dentureshop@outlook.com.
7.2. If you wish to make a complaint you can do this in writing, by email or by speaking to someone at The Denture Shop. You should make your complaint within 12 months of the incident or within 12 months of the matter coming to your attention. We take all complaints seriously and will properly investigate them, keep you informed of progress and take appropriate action. Please contact us if you would like a copy of our full complaints policy.
7.3. If you are not happy with the way your complaint has been dealt with you can contact the Dental Complaints Service on 020 8253 0800 (Monday to Friday, 9am to 5pm) or visit its website for more information.

8. Warranties and Guarantees

8.1. Some false teeth used to make new dentures are protected by a 12 month guarantee by the manufacturer. Immediate dentures, temporary dentures, additions to dentures and denture repairs are not included in this guarantee. All claims against manufacturers fault are reviewed on an individual basis and can only be made in the first year of wearing the product.
Guarantees will be void if –
• The loss of any abutment/retaining teeth due to accident or disease, affects the integrity, appearance and function of the denture.
• Anatomical change caused the denture to be ill fitting or fracture.
• Dental treatment results in the need to modify the denture such as adding replacement teeth.
• The patient did not attend the review appointments requested by the CDT.

9. Confidentiality

9.1. The Denture Shop shall not at any time make use of or divulge or permit any person to make use of or divulge any Confidential Information otherwise than in the proper performance of the Services or as required by Law.
9.2. The Denture Shop will always respect the patient’s privacy and any personal provided. The information that The Denture Shop collects from the patient is only that required by The Denture Shop to provide the patient with the information, products or services requested. The Denture Shop does not trade, rent or sell patient’s details to third parties. Should The Denture Shop’s intentions change it will only be done with the patient’s authorisation. The Denture Shop will always comply with any data protection legislation currently in force.
9.3. Except where expressly permitted by English Law, The Denture Shop will only deal with the personal details provided by the patient in respect of the provision of the Services, unless the patient agrees otherwise. This will include sending the patient information about The Denture Shop’s services generally and to inform the patient about promotions, offers or information provided by The Denture Shop.
9.4. Other than as set out above, The Denture Shop will not disclose any of the patient’s personal details without permission unless The Denture Shop is required by law to do so (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime).

10. Liability

10.1. The maximum aggregate liability of The Denture Shop, its employees and agents for breach of contract, misrepresentation, misstatement or other tortuous act or omission including negligence arising under or in connection with the Contract shall far as permitted by law be limited to the price paid to The Denture Shop under the Contract. Nothing in these conditions shall exclude The Denture Shop’s liability for death or personal injury resulting from negligence or fraudulent misrepresentation.
10.2. The Denture Shop shall not be liable for any loss of profit or for any indirect or consequential loss or depletion of goodwill or loss of business nor costs, expenses or other claims for consequential compensation whatsoever that arises out of or in connection with the Contract.

11. Severability

11.1. If any competent authority holds any provision of these conditions to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected by it.

12. Choice of Law and Jurisdiction

12.1. Any Contract shall be governed and construed in accordance with English law. The Denture Shop and the Patient each submit to the exclusive jurisdiction of the English Courts.