General Terms and Conditions (GTC)

1. What are our services?

We provide dentistry and dental hygiene services and offer products in these areas.

Our core business is to make transparent braces (‘aligners’) that are specifically tailored to you from the digital impression of your teeth.

2. Who are we?

The services are provided by Best Smile AG (hereinafter referred to as ‘bestsmile’, ‘we’ and ‘us’), situated at Neuwiesenstrasse 15, 8400 Winterthur, Switzerland. If you have any questions or other concerns, please contact us by email at info@bestsmile.ch.

3. What do these contractual conditions regulate?

These contractual conditions regulate the legal relationship between you and bestsmile if you book yourself in for an appointment, use our services or order our products, for example.

4. Who do we treat?

The range of products and services we offer is aimed at private individuals residing in Switzerland.

Our services and products are available to individuals who are at least 18 years old and are capable of making sound judgements. Individuals under the age of 18 can only be treated with the written consent of a parent or guardian. We recommend that a parent or guardian attend all appointments.

By agreeing to the contractual conditions, you confirm that these prerequisites are met.

5. How do you get your aligners and how much does the treatment cost?

5.1 Suitability assessment and treatment plan

First of all, you book an appointment with us, preferably via our website. At your appointment, your suitability will be clarified in advance and you will be informed of how the aligners can help to correct misaligned teeth. Our dentists will make a 3D scan of your teeth. These services are free of charge. After the first appointment, you can order your personal treatment plan that outlines the results you can expect, how long the aligners should be worn and how often they should be changed. If slicing (reduction of the enamel) or attachments is/are necessary, this will also be indicated in the treatment plan. The treatment plan is generated and provided using third-party software. The amount we charge you for the treatment plan will be deducted from the total price if you order your aligners from us. Once you have ordered the treatment plan, we will invite you to a second free appointment in one of our practices to discuss your suitability, the treatment plan and what happens next.

5.2 Ordering the aligners

If we can treat you, you will receive a quotation at the second appointment that is valid for one month (hereinafter referred to as the ‘acceptance period’). If your order is placed after the acceptance period has ended, it shall constitute a new offer made by you that is deemed accepted if we send you a written confirmation.

5.3 Payment

The costs are to be paid in advance by means of a one-off payment. You agree to pay in full any fees or other transaction costs that may be incurred when transferring funds to our bank account. Payments must be made in Swiss francs (CHF).

Alternatively, we offer payment on account with an instalment option through the third-party provider MF Group Billing AG (hereinafter referred to as ‘MFGB’), situated at Am Bohl 6, 9004 St. Gallen, Switzerland. When paying on account, you agree that we may assign our claim against you to MFGB. Please read MFGB’s General Terms and Conditions before deciding to pay on account. Fees and interest may apply. MFGB is solely responsible for answering any questions regarding the account and all other questions associated with the payment. If you would like to complain about MFGB’s payment handling practices, please contact us by email at info@mfgroup.ch. If you choose the instalment option and do not pay your invoices on time, we are entitled to suspend our services.

5.4 Manufacturing the aligners

As soon as we have received the signed quotation documents and payment from you in full, you have successfully completed the order and we will start making your aligners. If you are using the instalment option to pay on account, the prerequisites must be met and the agreement provided for this purpose must be signed.

5.5 Collecting aligners and starting treatment

We will inform you when your aligners are ready to be collected from our practice. Please bring an identity card along with you so that we can verify your identity.

If an aligner is being used for the first time, i.e. your first aligner, we will arrange an appointment so that a dentist can check the accuracy of fit and discuss handling and care with you.

Additional treatments such as slicing or fixing attachments may require additional appointments.

5.6 Stabilising the achieved tooth position

You will receive a retainer splint in addition to the aligners for your treatment. The retainer is worn once treatment is complete to secure and stabilise the achieved tooth position in the long term. The retainer splint is included in the price when you order the aligners.

5.7 Prices

Our prices will be disclosed to you in our quotation when you request a treatment plan or order aligners. The prices stated on our website or in brochures are not binding and do not constitute a quotation.

6. What are you committing to?

You are undertaking to act in good faith and, in particular, to: (a) provide truthful information about yourself, your health and your physical condition; (b) provide us with accurate contact details; (c) be solvent when you order our products; (d) follow our instructions when using our services; and (e) provide us only with information and documentation that you are authorised to share with us.

We shall be entitled to refuse you our services if you breach these obligations. You also agree to bear the costs that we incur as a result of this.

7. What rights are you entitled to in the event of defects?

You agree that we shall exclude the legal warranty.

Instead, the following applies: we will replace defective aligners free of charge for one (1) year after delivery of the first aligner. Alternatively, we can also decide to refund the price. If we replace the aligners, the one-year period does not start anew.

The right to replacement or refund is excluded if aligner damage is due to your own negligence or improper handling of the aligners. This is the case, for example, if: (a) the aligners were manufactured based on you providing us with incorrect information; (b) the aligners were damaged by you (e.g. by grinding or stepping on them) or by third parties; or (c) you have not followed our care and usage or other instructions.

8. Patient information

We would like to draw your attention to the fact that we cannot guarantee the treatment will be a success as each person responds very individually to the aligners. At your appointments, we will inform you of how you should use and care for the aligners and of possible risks. You will find a detailed description regarding this matter in our patient information. Please read it carefully and ask us any questions you may have.

9. Disclaimer

The treatment will change the position of your teeth, which may cause pain, irritate your gums and other parts of your mouth or cause your teeth to become sensitive. You have familiarised yourself with these and other risks and side effects in the patient information. If you decide to proceed with treatment, you accept these risks and side effects.

Before treatment, we will give you a suitability assessment but not an individual risk assessment. It is best to contact your own dentist if you would like to have one done.

You agree to indemnify and hold us harmless from and against any claims should any risks or side effects occur and thus cause damage.

You also understand and agree that we are not responsible for restoring your teeth’s original position, offering a different treatment or bearing the costs if you are not satisfied with how treatment progresses.

Furthermore, liability for slight negligence is excluded, insofar as is legally permissible.

10. Data protection

In the privacy policy, we inform you of how we process and protect your personal data. You agree to this by using our services.

We keep your patient file for 20 years on legal grounds.

11. Completeness of this contract

Together with the documents you sign when you place your order, the patient information and the privacy policy, these contractual conditions regulate all of the parties’ rights and obligations in connection with the services we provide. Other agreements or understandings between the parties are ineffective and are not legally valid.

12. Severability clause

If one or more provisions of this contract are invalid or ineffective, the remaining provisions shall remain unaffected. The parties shall replace the invalid or ineffective provisions with ones that are valid and effective and best reflect the parties’ original intention and, if possible, lead to the same economic result.

13. Amendments

Deviations from these contractual conditions are only valid if they are made in writing and signed by all parties.

14. Waving rights

If one party fails to perform any part of the contract and the other party does not insist on proper performance, it shall not waive the right to perform any other part of the contract.

15. Applicable law and place of jurisdiction

Swiss law shall apply to all claims made by the parties in connection with the services we provide under these contractual conditions. The parties select the state courts in Zurich as the exclusive place of jurisdiction for any and all disputes that arise.

Winterthur, 31. October 2019