These Terms include the Basic Order Terms (defined below) specified on an order accepted by us. “MIMATEAM”, “we” or “us” means MIMATEAM Limited or its affiliate identified on our order acknowledgment. Every order you place with us is conditioned upon and confirms your acceptance of these Terms. Any contrary terms or conditions appearing on your orders or associated purchase documentation will be of no effect. No waiver, modification, or addition to these Terms, or any assignment of your rights or obligations under them is valid or binding on us unless in writing and signed by our authorized representative. These Terms and the other applicable agreements you enter into with MIMATEAM constitute the entire agreement between you and MIMATEAM for your purchase and use of VITTA SMILE. Each accepted order will be interpreted as a single set of Terms, independent of other orders. “VITTA SMILE” means product you bought from online store or through authorised partners of MIMATEAM.
This is a binding agreement. As an Agreement between MIMATEAM and yourself, it may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and MIMATEAM.
1. Orders, Pricing and Payments
1.1 Quotes, Validity of Orders: Our quotations are non-binding unless otherwise expressly stipulated in writing. Orders are accepted as valid and binding only when confirmed by us in writing. MIMATEAM strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by MIMATEAM, in MIMATEAM’s sole discretion. Unless otherwise agreed to by MIMATEAM, payment must be received by MIMATEAM’s prior to our acceptance of an order.
1.2 Basic Order Terms: All orders must include the following information: (i) the VITTA SMILEs and Software ordered and quantities, (ii) MIMATEAM part number(s), (iii) prices, and (iv) delivery instructions, (collectively, “Basic Order Terms”). All Basic Order Terms are fixed and final upon our acceptance of the order.
1.3 You are liable for any costs incurred by us if you change or cancel any order, and for all costs of collection of past due amounts (including attorneys fees).
1.4 Our stated prices for VITTA SMILE do not include applicable sales taxes, Value Added Tax, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes or similar charges, all of which are your responsibility to pay. Unless you provide us with direct payment authority or an exemption certificate valid in the jurisdiction to which the VITTA SMILE will be delivered, you shall pay us all taxes and governmental fees we are required to collect or pay upon sale or delivery of the VITTA SMILE.
2.1 Delivery time: Delivery times are established when MIMATEAM accepts your order in writing. We will use commercially reasonable efforts to meet your requested delivery dates, unless you are in default under these Terms or our performance is otherwise excused. We are not liable for late or delayed delivery. Late delivery is not a basis for your cancellation of any order.
2.2 Delivery terms: Title and risk of loss or damage to VITTA SMILE passes to you when we deliver the VITTA SMILE to the shipping carrier (“Delivery”). Unless otherwise agreed, we will deliver the VITTA SMILE freight prepaid, provided that you pay or reimburse us for all applicable costs of carriage, freight, insurance (if applicable), taxes, duty and other related shipping charges. We have the right to make partial deliveries.
Please send us an email at email@example.com for instructions on how to mail your product to us.
You shall assume all risk of loss or damage to the item while in transit.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
3. Acceptance, Inspection, Return
3.1 Your acceptance of ordered VITTA SMILEs is deemed to occur upon our Delivery of the VITTA SMILE to the shipping carrier.
3.2 If you cancel an accepted VITTA SMILE order within 10 days prior to shipment or reject conforming VITTA SMILE received under an accepted order, we are entitled to claim reasonable compensation for restocking and other expenses actually incurred.
3.3. Return of VITTA SMILE
Only purchases made directly from our online store vitta-smile.com qualify for returns, refunds and warranty.
Please note, when returning, the whole purchase must be returned, if it includes 1 or more than 1 item. We cannot return only partial order.
Before returning or exchanging a VITTA SMILE, you must contact us directly to obtain an authorization number to include with your return and to obtain a Return Material Authorization (“RMA”). You must return VITTA SMILE to us in their original or equivalent packaging, and you are responsible for risk of loss, as well as shipping fees back to MIMATEAM. VITTA SMILE may be returned within 30 days from the date on the packing slip or invoice for a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees (as further described below). Any product returned to MIMATEAM without prior authorization from MIMATEAM will be considered an unauthorized return, and you will not receive credit for the product and MIMATEAM will not ship the product back to you.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
You will be responsible for paying for your own shipping costs for returning your item. Return shipping costs are non-refundable.
There are certain situations where only partial refunds are granted:
– Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
– Any item that is returned more than 30 days after delivery.
4.1 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
4.2 If you are approved, then your refund will be processed, and a credit will automatically be applied to the original method of payment, within a certain amount of days.
4.3 If you receive a refund, the cost of initial shipping will be deducted from your refund.
4.4 Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
5.1 As the purchaser of VITTA SMILE, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which VITTA SMILE is being imported. Please be aware that VITTA SMILE may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your VITTA SMILE will be free of signs of tampering.
5.2 We will not be responsible for wrong shipping address if we do not have the correct information.
6. Limited Warranty
6.1 Unless the limited warranty included with a VITTA SMILE we warrant to you, and only to you, as applicable, (a) that our VITTA SMILEs are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 12 months from date of Delivery. During the warranty period, our liability and your exclusive remedy is limited, at MIMATEAM’s option, to replacing, repairing, correcting, or issuing credit for any VITTA SMILE subject to the warranty, which upon inspection we determine is non-conforming.
6.2. This Warranty does not apply to (w) VITTA SMILE products you purchase from unauthorized resellers; (x) where the instructions for use and activation of the VITTA SMILE Product are not complied with; (y) where the VITTA SMILE Product is used in contrary with instructions to use; or (z) where the Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond our reasonable control.
6.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIMATEAM FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE VITTA SMILE.
PLEASE NOTE: THE ABOVE LIMITED WARRANTY PROVISIONS WILL NOT APPLY TO VITTA SMILE YOU PURCHASE IN THOSE JURISDICTIONS IN WHICH VITTA SMILE WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL DISTRIBUTOR FROM WHOM THE VITTA SMILES ARE ACQUIRED. IN SUCH CASE, PLEASE CONTACT YOUR MIMATEAM VITTA SMILE DEALER FOR APPLICABLE WARRANTY INFORMATION.
7. Warranty Procedures
7.1 Warranty Repair Procedure: If any VITTA SMILE fails during the warranty period for reasons covered by our limited warranty and you notify us of such failure during the warranty period, we will at our option repair or replace a nonconforming VITTA SMILE with new, equivalent to new, or reconditioned parts or VITTA SMILE or, if either of the foregoing is commercially impractical in MIMATEAM’s determination, refund the VITTA SMILE purchase price you paid (excluding separate costs of shiping) upon your return of whole VITTA SMILE purchase in accordance with our VITTA SMILE return procedures as referenced in Section 4 above. Any repaired or replaced VITTA SMILE will be warranted for a period of 30 days or the remainder of the original warranty period, whichever is longer. We may, in our sole discretion, arrange for fulfillment of our warranty obligations through a MIMATEAM affiliate, authorized distributor or an authorized warranty service center.
7.2 Determination of Warranty Applicability: We reserve the right to refuse warranty services if the VITTA SMILE date of purchase cannot be proven, if a claim is made outside the warranty period or if a claim is excluded under Section 6.2 above. Following our examination of your claim, we will notify you of warranty status and the repair cost of any out-of-warranty VITTA SMILE. At such time you must issue a valid purchase order to cover cost of the non-warranted VITTA SMILE repair and return freight, or authorize return shipment of the VITTA SMILE at your expense as-is.
8. Medical disclaimer
8.1 Vitta Smile is not a medical device and it is not intended, or to be construed, as medical advice (device), diagnosis and treatment, and is not a substitute for consultations with qualified health care professionals who are familiar with your individual medical needs. VITTA SMILE makes no representation, promise, express warranty or implied warranty concerning the suitability of these materials for any medical use. MIMATEAM is not a medical organization and our staff will not and cannot give medical advice or diagnosis. Provider will not be held responsible for any information interpreted as such by any member. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation or treatment.
8.2 MIMATEAM assumes no responsibility for the improper use of and self-diagnosis and/or treatment using VITTA SMILE Products. Use of VITTA SMILE should not be confused with prescription medicine. Use of VITTA SMILE should not be used as a substitute for medically supervised therapy. If you suspect you suffer from clinical deficiencies, consult a licensed, qualified medical doctor.
9.1 We reserve the right by written notice of default to cancel or indefinitely suspend an accepted order and to refuse additional orders if: (i) you default in performing your obligations under these Terms, (ii) you cease business operations or enter into any bankruptcy, insolvency, receivership or like proceeding not dismissed within 30 days, or assign your assets for the benefit of creditors, or (iii) when obtaining third-party financing in connection with your VITTA SMILE purchase(s) you fail to do so in a timely manner on terms satisfactory to us.