General Terms and Conditions (GTC)

of Best Smile AG, Neuwiesenstrasse 15, 8400 Winterthur

Last updated: Winterthur, August 2024

1. Scope

These General Terms and Conditions (GTC) apply to all legal relationships between you and Best Smile AG (hereinafter: “bestsmile” or “we”). On conclusion of the contract, the GTC becomes an integral part of your contractual relationship with bestsmile.

2. Services of bestsmile

bestsmile provides services in dentistry and dental hygiene and offers products and additional products in these areas, as defined in the patient information and the declaration of consent. 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 capable of making sound judgements. Individuals under the age of 18 can only be treated with aligners and additional products with the written consent of a parent or guardian. We recommend that a parent or guardian attend all appointments. Treatment with veneers and whitening treatments are not possible for minors.

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

More information about our services and products is available in the patient information and the declaration of consent.

3. Prices and payment terms

You will be notified of our prices and other conditions in our quote if you request a treatment plan or order products and/or additional products. This quote is valid for one month (“acceptance period”). If you opt for our treatments, products or additional products after the acceptance period has expired, you will receive a new quote informing you of the current prices and conditions. In this case, the new quote will likewise be valid for one month.

The prices stated on our website or in brochures are not binding and do not constitute a quote.

The costs are to be paid prior to the start of the treatment 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 instalment options through the third-party provider MF Group AG (“MF”), situated at Am Bohl 6, 9004 St. Gallen, Switzerland. When paying on account, you agree that we will forward the information and data required for invoicing and collection to MF. Please read the General Terms and Conditions of MF before deciding to pay on account. Fees and interest may apply. MF is solely responsible for answering any questions regarding the account and all other questions associated with the payment. If you wish to complain about the payment handling practices of MF, please contact MF directly by email: [email protected]. If you choose the instalment option and do not pay your invoices on time, we are entitled to suspend our services.

Once we have received the quote signed by you and the full payment, this marks the order as successfully finalised and we will begin manufacturing the (additional) products. In the case of payment on account with instalment option, the conditions according to Section 1 of the GTC of MF must be met and the agreements provided for this must be signed.

4. Obligation to cooperate

You undertake to act in good faith and, in particular:

• to provide truthful information about yourself, your health and your physical condition.
• to provide us with your correct contact details.
• to be able to pay when ordering our products.
• to follow our instructions when using our services.
• to provide us solely with information and documents to which you are entitled and which may be shared with us.

In the event of a breach of these obligations, we are entitled to refuse to provide you with our services and to charge you for any costs incurred.

5. Warranty

We will replace defective products and additional products free of charge for two (2) years from the first use. For products that are collected from our practices or delivered by bestsmile by post, the warranty period starts on collection or delivery of the product. Products are deemed to be defective if their suitability regarding their intended use has been invalidated or significantly reduced due to errors in production or use on the part of bestsmile.

All warranty claims are excluded if the individual is at fault, in particular in the event of a breach of the obligation to cooperate or improper handling of the products and/or additional products. Defects caused by accidents, non-compliance with the instructions of the dentist or other factors unrelated to the production and use of the bestsmile product are not covered by the warranty obligations. It is at the sole discretion of bestsmile to assess whether a warranty claim exists.

6. Patient information

We wish to draw your attention to the fact that we cannot guarantee the treatment will be a success, as each person responds individually to the treatments. At your appointments, we will inform you of how you should use and care for the products and additional products and about any possible risks. A detailed description of this is provided in our patient information and the declaration of consent. Please read these documents carefully.

7. Cancellation terms/“No show”

Cancellations and changes to treatment and consultation appointments must be notified to the respective bestsmile practice by phone or email at least 24 hours prior to the reserved appointment. The contact details of the various bestsmile practices are available here. In the event of a no-show without providing a reason or if you cancel your appointment at short notice (i.e. less than 24 hours before the agreed appointment), bestsmile is entitled to charge you a “no-show fee” of CHF 100.

8. Disclaimer

All dental treatments at bestsmile are carried out according to the state of knowledge of medical science and research. Despite careful execution of all actions, we cannot guarantee the success of the treatment, in particular when it comes to a specific outcome. You likewise understand and agree that we are not responsible for restoring the original position of your teeth, offering a different treatment or bearing the costs if you are not satisfied with how your treatment progresses.

The risks specific to the particular therapy and any side effects are set out in the patient information and the declaration of consent, and you will be informed of this separately in an oral discussion with the dentist for information purposes. All treatment instructions must be strictly followed. This also includes correct behaviour during treatment. Otherwise, all claims to corrections, follow-up treatments or warranty claims shall expire.

The liability of bestsmile and its assistants is limited to gross negligence and intentional action. This applies to contractual and non-contractual liability. Liability beyond the above-mentioned cases is fully excluded, subject to mandatory legal regulations.

9. Privacy Policy

In the Privacy Policy, we inform you of how we process and protect your personal data. You consent to this by using our services.

10. Completeness of this contract

Together with the documents you sign when you place your order, this GTC, the patient information and the declaration of consent and the Privacy Policy regulate all of the parties’ rights and obligations in conjunction with the services we provide. Other agreements or understandings between the parties are ineffective and are not legally valid.

11. Waiver of rights

If one party fails to comply with any part of the contract and the other party does not insist on proper compliance, said party does not waive its right to comply with other parts of the contract.

12. Severability clause

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

13. Changes to this GTC

We may change this GTC at any time. We will inform you about any changes in an appropriate way. Without your written objection within one (1) month after we have informed you, the changes are deemed to be approved. The currently valid version of this GTC can be consulted on our website.

14. Applicable law and 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 courts in Zurich as the exclusive place of jurisdiction for any and all disputes that arise.