This disclaimer (Disclaimer) sets out the terms on which The Teethkeeper Ltd (Company Number 14922815) (TTL, we, our or us) supplies the dental products listed on our website: https://theteethkeeper.co.uk/ (Website) along with its respective parts (collectively referred to as the Dental Products) to you (Dental Practice, you or your) and your end clients (End Client(s)).
This Disclaimer and the conditions set out below shall apply to all purchases of the Dental Products made by the Dental Practice and End Client(s) from TTL. By placing an order and/or using the Dental Products, the Dental Practice and the End Clients agree to be bound by these terms, regardless of the quantity or method of order:
1. The Dental Products are designed for general oral hygiene and/or improving and maintaining dental and/or oral health.
2. The Dental Practice is solely responsible for ensuring the Products are suitable for the End Client before supplying or recommending the Products.
Before supplying the Dental Product(s) to any End Client, the Dental Practice must:
(a) Assess whether the Dental Product(s) is appropriate for the End Client, taking into account their individual medical and dental history, age, gender, and any other case-specific factors;
(b) Provide all usage and safety instructions, including without limitation, any instructions provided by TTL or manufacturer; and
(c) Provide the necessary warning to the End Client of any known or reasonably foreseeable risks, including but not limited to improper use or unsuitability for certain conditions.
3. The Dental Products are designed to assist with oral hygiene, including cleaning between teeth and dental implants. When used correctly, certain effects are normal and expected in the course of improving dental health.
TTL shall not be liable for any consequences that are considered normal, expected or reasonably foreseeable when using the Dental Products, including but not limited to:
(a) Bleeding gums;
(b) Gum recession;
(c) Formation of dark spaces between teeth;
(d) Increased food packing between teeth;
(e) Increased tooth sensitivity to hot, cold, or sweet stimuli.
It is the Dental Practice’s responsibility to ensure the Dental Products are used and recommended appropriately, based on the End Client’s individual dental health, and to inform End Clients of such potential effects prior to use.
This clause shall not limit or exclude liability for death or personal injury caused by TTL’s negligence, or any liability which cannot be lawfully excluded under the Consumer Protection Act 1987.
4. TTL shall not be liable for any rare but known risks associated with use of the Dental Products, where such use is in accordance with the instructions, including without limitation:
(a) Breakage of a brush during use;
(b) Dislodgement or loss of dental restorations such as fillings, crowns, or bridges;
(c) Abrasive wear to the teeth.
It is the Dental Practice’s responsibility to ensure the Dental Products are used and recommended appropriately, based on the End Client’s individual dental health, and to inform End Clients of such potential effects prior to use.
This clause shall not limit or exclude liability for death or personal injury caused by TTL’s negligence, or any liability which cannot be lawfully excluded under the Consumer Protection Act 1987.
5. The Dental Practice must not modify, relabel, repackage, or alter the Dental Products in any way.
6. TTL may provide information relating to the Dental Products on its website or in marketing materials, including general guidance on usage. Such information is provided for general informational purposes only and does not constitute dental or medical advice. The Dental Practice and/or the End Client shall not rely on such information as a substitute for clinical judgement or professional guidance tailored to an individual End Client’s needs. It is the responsibility of the Dental Practice to exercise professional judgement and ensure that any advice or recommendation given to an End Client complies with their professional obligations.
7. TTL shall not be liable for any loss, damage, or adverse outcomes arising from reliance on any website content or promotional materials, except to the extent such loss arises from TTL’s negligence or breach of applicable law.
8. Subject to clause 7:
(a) TTL shall not be liable for any loss, damage or injury caused by improper use or failure to follow instructions by the Dental Practice or End Client;
(b) TTL shall not be liable for any indirect, special or consequential loss, including loss of profits or goodwill;
(c) TTL’s total liability towards the Dental Practice and/or the End Client in respect of any order shall not exceed the price paid for the Dental Products to which the claim relates.
9. The Dental Practice shall indemnify TTL against any third-party claims, liabilities, losses, or expenses arising from:
(a) The Dental Practice’s failure to assess suitability of the Dental Products for the End Client;
(b) The Dental Practice’s failure to provide instructions or warnings to the End Client;
(c) Any unauthorised modification or use of the Dental Products.
10. TTL does not provide any warranty except where the Dental Product is deemed faulty solely due to a manufacturing or material defect(s). All Dental Products are sold subject to the manufacturer’s standard specifications and tolerances, and no warranty is offered beyond what is provided by the manufacturer for defects arising from faulty materials or workmanship.
The Dental Practice is responsible for inspecting the Dental Products upon delivery. Any visible defects or discrepancies must be reported to TTL in writing within seven (7) days of delivery, failing which the Dental Products shall be deemed accepted.
In the event that a Dental Product is found to have a material manufacturing defect, the Dental Practice must notify TTL in writing within seven (7) days of becoming aware of the issue, providing reasonable evidence of the defect. Subject to inspection and verification by TTL, the sole remedy shall be the replacement of the defective Dental Product(s) at no additional cost to the Dental Practice.
This warranty does not apply to:
(a) Normal wear and tear;
(b) Defects or damage arising from misuse, mishandling, improper storage, or failure to follow recommended usage instructions;
(c) Usage-related issues such as the brush bending, fraying, or distorting during or after use or wear and tear of the brush handle;
(d) Any other subjective concerns where the Dental Product is otherwise found to conform with its description and specifications.
No refunds or replacements shall be offered in cases where the Dental Product is free from manufacturing defects, including where the Dental Product is used in a manner inconsistent with the instructions or professional guidance.
11. You agree that the liability of TTL for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise) arising under or in connection with this Disclaimer:
(a) is totally excluded, insofar as it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill; and
(b) is limited, insofar as it concerns other liability, to £100.
12. To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Disclaimer are excluded.
13. This Disclaimer forms a binding contractual agreement between you and TTL.
14. Nothing in this document shall exclude or limit TTL’s liability for death or personal injury caused by its negligence, or for defective products under the Consumer Protection Act 1987.
15. This Disclaimer is governed by the law applying in England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, and the courts of appeal from them in respect of any proceedings arising out of or in connection with this Disclaimer.