Terms and Conditions

Last updated: December 2024

1. About Us

This website ("Site") is operated by:

• Company Name: [COMPANY NAME]
• Legal Form: Private Company Limited by Shares, registered in the Republic of Cyprus under the Companies Law, Cap. 113
• Registration Number: [HE NUMBER]
• Registered Office: [REGISTERED ADDRESS, CYPRUS]
• VAT Number: [CY VAT NUMBER]
• Email: [email protected]

References to "we", "us", "our" or "PureShell" mean the above company.

2. Definitions

In these Terms and Conditions:

• "Consumer" means any natural person acting for purposes outside their trade, business, craft or profession, as defined in Directive 2011/83/EU
• "Contract" means the contract between you and us for the sale and purchase of Products
• "Products" means the goods advertised on the Site
• "Terms" means these terms and conditions

3. Application of Terms

3.1 These Terms govern your purchase of Products through the Site and form a legally binding agreement between you and us.

3.2 By placing an order, you confirm that you have read, understood and agree to be bound by these Terms.

3.3 We may amend these Terms at any time. The version in force at the time you place your order will apply to that order.

3.4 If you are a Consumer, nothing in these Terms affects your statutory rights under applicable consumer protection legislation, including Directive 2011/83/EU (Consumer Rights Directive), Directive (EU) 2019/771 (Sale of Goods Directive), and the Cyprus Consumer Protection Law (Law 112(I)/2021).

4. Formation of Contract

4.1 All orders are subject to acceptance by us. We may refuse any order at our discretion.

4.2 When you place an order through the Site, you are making an offer to purchase the Products. No contract is formed until we send you an order confirmation email.

4.3 The order confirmation email constitutes our acceptance of your offer, at which point a binding Contract is formed.

4.4 It is your responsibility to ensure that the details in your order are correct and complete before submission.

5. Products

5.1 Product images on the Site are for illustrative purposes only. While we endeavour to display colours accurately, we cannot guarantee that your device accurately reflects the colour of the Products.

5.2 All Products are subject to availability. If the Products you ordered are unavailable, we will inform you and offer a refund or alternative product.

5.3 Our Products are ultrasonic cleaning devices designed for cleaning dental appliances such as retainers, aligners, night guards, and dentures. They are not medical devices within the meaning of Regulation (EU) 2017/745.

6. Price and Payment

6.1 The price of Products is as stated on the Site at the time you place your order. Prices include VAT where applicable.

6.2 Delivery charges are shown separately during checkout and are not included in the product price.

6.3 We may change prices at any time, but changes will not affect orders for which we have already sent an order confirmation.

6.4 Payment must be made at the time of ordering via the payment methods displayed at checkout (credit/debit card, PayPal, etc.).

6.5 All payments are processed securely through our third-party payment provider (Stripe). We do not store your payment card details.

6.6 For deliveries outside the European Union, you may be liable for import duties and taxes. These are your responsibility.

7. Delivery

7.1 We deliver to the countries listed on our Site. Delivery options and estimated times are displayed during checkout.

7.2 Estimated delivery times are indicative only and not guaranteed.

7.3 In accordance with Article 18 of Directive 2011/83/EU, unless otherwise agreed, we will deliver the Products within 30 days from the day following the day on which you submitted your order.

7.4 Risk in the Products passes to you upon delivery.

7.5 Ownership of the Products passes to you upon the later of delivery and receipt of full payment.

8. Right of Withdrawal (Consumers Only)

8.1 To exercise your right of withdrawal, you must inform us of your decision by a clear statement sent to [email protected]. You may use the model withdrawal form at the end of these Terms.

8.2 To meet the withdrawal deadline, it is sufficient to send your communication before the 14-day period has expired.

8.3 Effects of Withdrawal

If you withdraw, we will reimburse all payments received from you, including standard delivery costs (but not supplementary costs if you chose a more expensive delivery option), without undue delay and within 14 days from the day we are informed of your decision to withdraw.

8.4 We will use the same payment method you used for the initial transaction. You will not incur any fees from this reimbursement.

8.5 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent them back, whichever is earliest.

8.6 You must send back the Products without undue delay and within 14 days from the day you communicate your withdrawal. You bear the direct cost of returning the Products.

8.7 You are liable for any diminished value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

8.8 Exceptions to the Right of Withdrawal

Per Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply to:

• Sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery
• Goods which are, after delivery, inseparably mixed with other items

9. 30-Day Money Back Guarantee

9.1 In addition to your statutory rights, we offer a 30-day money back guarantee. If you are not satisfied with your purchase, you may return it within 30 days of delivery for a full refund of the purchase price.

9.2 Products must be returned in original condition and packaging, unused and undamaged.

9.3 To initiate a return, contact us at [email protected] with your order number and reason for return.

9.4 You are responsible for return shipping costs unless the Products are defective or we sent incorrect items.

10. Legal Guarantee of Conformity

10.1 We are liable for any lack of conformity which exists at delivery and becomes apparent within 2 years of that time.

10.2 Any lack of conformity which becomes apparent within 1 year of delivery is presumed to have existed at delivery unless this is incompatible with the nature of the Products or the lack of conformity.

10.3 In the event of a lack of conformity, you have the right to have the Products brought into conformity by repair or replacement, at our choice, unless this is impossible or disproportionate.

10.4 You are entitled to a proportionate price reduction or termination of the Contract if:

• We have not completed repair or replacement within a reasonable time
• Repair or replacement would cause you significant inconvenience
• The lack of conformity is so serious as to justify immediate price reduction or termination

11. Commercial Warranty

11.1 In addition to your legal rights, we provide a commercial warranty that our Products will be free from manufacturing defects for 12 months from delivery ("Warranty Period").

11.2 A manufacturing defect means a defect in materials or workmanship that affects the Product's functionality and was present at delivery.

11.3 This warranty does not cover:

• Normal wear and tear
• Damage caused by misuse, negligence or failure to follow instructions
• Damage caused by accident, improper storage or extreme conditions
• Cosmetic damage that does not affect functionality
• Unauthorized modification or repair
• Damage from incompatible cleaning products or methods

11.4 To make a warranty claim, contact us at [email protected] with your order number, description of the defect, and photo/video evidence.

11.5 For valid warranty claims, we will repair or replace the defective Product at our discretion, free of charge.

11.6 This commercial warranty is additional to, and does not affect, your legal rights under the legal guarantee of conformity.

12. Limitation of Liability

12.1 Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability which cannot be excluded under applicable law
• Defective products under the Product Liability Directive (85/374/EEC)

12.2 Subject to clause 12.1, our total liability for all losses arising under the Contract shall not exceed the total price paid by you for the Products.

12.3 Subject to clause 12.1, we shall not be liable for any indirect, consequential, special or incidental losses.

12.4 If you are a Consumer, these limitations do not affect your statutory rights.

13. Medical Disclaimer

13.1 Information provided on our Site and with our Products is for general informational purposes only and does not constitute medical, dental or health advice.

13.2 Our Products are designed for cleaning removable dental appliances. They are not intended to diagnose, treat, cure or prevent any disease or medical condition.

13.3 If you have concerns about your dental health or the suitability of our Products, consult a qualified dental or medical professional before use.

13.4 Use of our Products does not establish any healthcare provider-patient relationship.

14. Intellectual Property

14.1 All intellectual property rights in the Site and Products, including trademarks, logos, designs, text and images, are owned by us or our licensors.

14.2 You may not use, reproduce, modify, distribute or display any of our intellectual property without our prior written consent.

15. Data Protection

15.1 We process your personal data in accordance with our Privacy Policy and the General Data Protection Regulation (EU) 2016/679 ("GDPR").

15.2 By placing an order, you acknowledge that you have read and understood our Privacy Policy.

16. Complaints and Dispute Resolution

16.1 If you have a complaint, please contact us at [email protected]. We will endeavour to resolve your complaint promptly.

16.2 If you are a Consumer and we cannot resolve your complaint, you may refer the matter to the Cyprus Consumer Protection Service:

• Website: www.consumer.gov.cy
• Email: [email protected]
• Phone: +357 22 867 177
• Address: Ministry of Energy, Commerce and Industry, 6 Andrea Araouzou, 1421 Nicosia, Cyprus

16.3 You may also use the European Commission's Online Dispute Resolution (ODR) platform:

• Website: https://ec.europa.eu/consumers/odr

17. Governing Law and Jurisdiction

17.1 These Terms and any Contract are governed by the laws of the Republic of Cyprus.

17.2 If you are a Consumer habitually resident in the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws of your country of residence (Article 6(2), Regulation (EC) No 593/2008 - Rome I).

17.3 Any dispute shall be subject to the jurisdiction of the courts of the Republic of Cyprus, provided that if you are a Consumer, you may also bring proceedings in the courts of your country of residence.

18. General Provisions

18.1 Entire Agreement: These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between us regarding the purchase of Products.

18.2 Severability: If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force.

18.3 Waiver: No failure or delay by us in exercising any right shall operate as a waiver of that right.

18.4 Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any third party.

18.5 Third Party Rights: These Terms do not confer any rights on any third party.

18.6 Force Majeure: We shall not be liable for any failure or delay due to circumstances beyond our reasonable control.

19. Model Withdrawal Form