- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Spotlight Oral Care Ltd, a company registered in Ireland. Our company registration number is 03922046 and our registered office is at Harris House, IDA Business Park, Tuam Road, Galway, Ireland. Our registered VAT number is IE3415679KH.
- How to contact us. You can contact us by emailing our customer service team on firstname.lastname@example.org or by writing to us at Spotlight Oral Care Ltd, Harris House, IDA Business Park, Tuam Road, Galway, Ireland.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- OUR PRODUCTS
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
- Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
- PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. During the order process we will let you know when we will provide the products to you.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
N.B. Some couriers may leave a calling card to let you know they have attempted delivery.
- Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please get in touch with customer services via email at email@example.com for a return label or to arrange collection.
- When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
- When you own goods. You own a product which is goods once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your correct address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- update the product to reflect changes in relevant laws and regulatory requirements; and
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than [30 days] we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [30 days] and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.5).
- Exercising your right to change your mind (S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, are explained in more detail in these terms.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- How long do I have to change my mind?
- 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you).
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. To do this you should complete the "return form" enclosed in your original order and place it inside the return package. Pack and seal the products securely (in the original package if possible). Affix the return label provided to the outside of your return package. We recommend shipping your return with a service that provides tracking and insurance as we are not responsible for any packages lost in transit. All returns should be mailed to:
RETURNS DEPARTMENT, Spotlight Oral Care Ltd, Harris House, IDA Business Park, Tuam Road, Galway, Ireland
- If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- We can only accept product returns if all the contents are still intact and in a re-saleable condition.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your correct address;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the CCPC or Citizens Advice websites.
Under consumer law, the item must be:
- Of merchantable quality – it must be of a reasonable and acceptable standard.
- Fit for the purpose intended – it must be capable of being used for its purpose, for example, a kettle should be able to boil water.
- As described – it must match the description given verbally or in an advertisement. False or exaggerated claims should not be made by the business.
During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
- PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment via spotlightoralcare.com with Visa, Visa Debit, MasterCard and Amex. You must pay for the products before we dispatch them. Where payment is made on spotlightoralcare.com, we will not charge your credit or debit card until we dispatch the products to you however payments made via Paypal will be processed within PayPal’s typical timescales.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- SUBSCRIPTIONS & RECURRING BILLINGS
- Spotlight Oral Care may offer a subscription service for certain of its products (a “Subscription”). By subscribing to our subscription service, you have confirmed that you accept our Terms of Service.
- As a subscriber, you agree that your Subscription will automatically renew and you authorize Spotlight Oral Care to charge your Payment Method immediately for your first term, and again automatically at the beginning of each subsequent subscription renewal term, for all Products part of your Subscription, including applicable shipping and handling fees, until you cancel the Subscription. Additional information about the various Subscription plans, including terms and pricing, will be made available on the Spotlight Oral Care website and on your Spotlight Oral Care customer account, as applicable. Purchases of Subscriptions are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription).
- You may cancel your Subscription at any time by logging in to your customer account, selecting ‘Manage Subscriptions’, then the ‘Subscriptions’ tab, then clicking cancel next to the item or by contacting our Customer Service at email@example.com. If you have not created a customer account already, you may need to do so to manage your Subscription. If you cancel a Subscription, you will not be charged for any additional Subscription products except those that may be in transit to you as of the date that the cancelation has been processed (in which case, you will be billed the Subscription price and applicable shipping and handling fees for that shipment of products). Spotlight Oral Care reserves the right to take up to one week to process any cancelation or modification of Subscription. If you cancel your Subscription, you will not be eligible for a prorated refund of any portion of the Subscription payments paid previously.
- Spotlight Oral Care reserves the right to suspend or terminate any Subscriptions at any time or to change your Subscription options, including the Subscription price, in which case we will notify you prior to the change.
- As a condition for signing up for a Subscription, Spotlight Oral Care may require that you provide acceptable credit card, payment card and/or other payment information as may be required to enable automatic billing by or on behalf of Spotlight Oral Care each time Products are shipped to you. Upon renewal of your subscription, if Spotlight Oral Care does not receive payment from your Payment Provider, (i) you agree to pay all amounts due upon demand, and/or (ii) you agree that Spotlight Oral Care may either terminate or suspend your Subscription and continue to attempt to charge your Payment Method until payment is received.
- OTHER IMPORTANT TERMS
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.
If you would like to raise a dispute https://ec.europa.eu/consumers/odr