Terms & Conditions

1. These terms

1.1 These are the Terms and Conditions on which we supply services to you.

1.2 Please read these Terms and Conditions carefully. They tell you who we are, how we will provide services to you, how we and you may change or end the contract, what to do if there is a problem and other important information.

1.3 If you think that there is a mistake in these Terms and Conditions then please contact us to discuss.

1.4 In the event of an inconsistency between these Terms and Conditions and the content of any literature provided by us to you, then these Terms and Conditions shall prevail.

1.5 A large font version of this document is available at reception, should it be required.

2. Definitions and interpretation

2.1 In these Terms and Conditions the following words shall have the following meanings:

2.1.1 “Clinical Director(s) / Senior Dentist(s)” Dr T Taunk / All dentists other than Clinical Director(s);

2.1.2 “Dentist(s)” A general dental practitioner being registered to practice with the General Dental Council;

2.1.3 “Hygienist(s) / Therapist(s)” A hygienist/therapist registered to practice with the General Dental Council;

2.1.4 “Non-Surgical Treatment(s)” Treatment supplied by us not being a surgical Procedure;

2.1.5 “Nurse(s)” A dental nurse registered to practice by the General
Dental Council;

2.1.6 “Orthodontic Therapist(s)” An orthodontic therapist is a registered member of the dental team. They assist dentists/orthodontists in carrying out orthodontic treatment and provide some aspects of the treatment themselves;

2.1.7 “Patient(s)” Any person who has entered or is contemplating entering into a contract for a Procedure or Non-Surgical Treatment from us;

2.1.8 “Practice Policies and Procedure(s)” A folder, in head office, outlining all Practice Policy and Procedures provided to Patients where applicable;

2.1.9 “Procedure(s)” A procedure to be procured by us for a Patient of a dental, surgical, or orthodontic nature to be performed by a Specialist, Dentist, Hygienist, Nurse or Orthodontic Therapist;

2.1.10 “Relevant Practitioner(s)” A Specialist, Dentist, Hygienist, Therapist, Nurse or Orthodontic Therapist (as the case may be);

2.1.11 “Relevant Treatment(s)” The Procedure or Non-Surgical Treatment booked through us and carried out, or to be carried out, on the Patient by a Relevant Practitioner;

2.1.12 “Battersea Smiles” The Private (Non NHS) dental practice located at 575 Battersea, Park Road, Battersea, SW11 3BH
whose details are further delineated at clause 3 referred to as such or “We”;

2.1.13 “Battersea Smiles’s Complaints Procedure(s)” The complaints procedure referred to in the Practice Policy and Procedures;

2.1.14 “Specialist(s)” A dental practitioner being registered to practice with the General Dental Council (GDC) having met certain requirements and been given the right by the GDC to use the title ‘specialist’.

3. Information about us and how to contact us

3.1 We are Battersea Smiles a partnership established in England and Wales. Our registered address is 575 Battersea, Park Road, Battersea, SW11 3BH.

3.2 You can contact us by telephoning 020 3411 7386 or by writing to us via email at [email protected].

3.3 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 at your first consultation.

3.4 “Writing” includes emails and when we use the words “writing” or “written” in these terms, this includes emails.

4. Our contract with you and our obligations

4.1 A contract comes into existence between you and us when we confirm that we are able to provide you with a Relevant Treatment.

4.2 If we are unable to provide you with a Relevant Treatment we will inform you of this and the reasons why.

4.3 In providing a Relevant Treatment for a Patient, Battersea Smiles shall:

4.3.1 Provide suitable facilities for the provision of Procedures and Non-Surgical Treatment by Specialists, Dentists, Hygienists, Therapists, Nurses or Orthodontic Therapists (as the case may be);

4.3.2 Provide the Patient with such information that can be reasonably expected to be necessary for the Patient to understand the nature
of the Relevant Treatment being offered and the risks and conditions normally attendant on such Relevant Treatment.

4.3.3 If our performance of a Relevant Treatment is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

5. Patient obligations

The Patient shall be responsible for reading and understanding the treatment plan(s) or information literature provided prior to consenting to undergo any Relevant Treatment. We require certain information from you to be completed prior to treatment. If you do not provide us with this information within a reasonable time of us asking for it or you provide us with incomplete or incorrect information we reserve the right not to perform the Relevant Treatment. Please also note your obligations under clause 14.

6. Payment and finance

6.1 The Patient shall pay a deposit of an amount stipulated byBattersea Smiles from time to time prior to an appointment with a Relevant Practitioner being made.Battersea Smiles’s Refund Policy shall apply to such deposit.

6.2 The balance of the fee for the Relevant Treatment shall be paid in accordance with the payment schedule agreed with the Patient before the first appointment is booked.

6.3 Payments for Relevant Treatments are currently exempt from VAT, but all sums payable toBattersea Smiles, unless otherwise stated, are exclusive of any VAT and other duties or taxes that may from time to time be payable.

6.4 For Patients’ convenience we accept cash, debit cards, and credit cards. American Express (AMEX) cards are accepted, however payments can currently only be taken at Battersea Smiles premises and not over the phone. Battersea Smiles does not store any card details on its systems for your security.

6.5 Finance options are available. 0% interest finance is available and longer-term (low interest bearing) options are available (deposits are required).

6.6 Direct Bank Transfers are possible and bank account details are available on request. Battersea Smiles require full name of the Patient as reference. International transfer fees are wholly payable by the Patient.

6.7 All finance applications (forms) and e-signatures must be completed by the end of the current offer date or the date stipulated in the correspondence to you; otherwise Battersea Smiles cannot guarantee the cost of your treatment.

6.8 We reserve the right to charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of RBS from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Battersea Smiles interest together with any overdue amount.

7. Special offers and free consultations

7.1 From time to time Battersea Smiles run special offers or other forms of Patient purchase incentive. Although unlikely before any specified offer deadline, Battersea Smiles reserve the right to extend, amend and/or withdraw any offer at any time without notice.

7.2 All special offers are subject to availability.

7.3 All Patients will require an examination to determine eligibility for any special offer being run.

7.4 Battersea Smiles offer discounts on “Invisalign® braces. Please call to check for other discounts offered on different types of braces. These offers are available on a standalone basis and are available to Patients who attend a free consultation by the date advertised on our website or advised to you by one of our Relevant Practitioners.

7.5 Subject to clause 7.6 Battersea Smiles offer a free 60 minute consultation for new Patients. A suitability of options is discussed and any Relevant Treatment recommended will be dependent on a full clinical assessment. Please note that all X-rays and any other appointments with a Relevant Practitioner other than a Dentist are excused from the free consultation.

7.6 A refundable deposit of £50 is required prior to booking the free consultation to secure the appointment. In line with clause 6.4 Battersea Smiles does not store any card details on its systems for security so Patients are advised to contact Battersea Smiles with payment details for return of the refundable deposit.

7.7 Battersea Smiles provide the free consultation on a no-obligation basis.

8. Relationship with Relevant Practitioner

8.1 Battersea Smiles accept no responsibility for matters which are within the professional responsibility of the Specialists, Dentists, Hygienists, Nurses or Orthodontic Therapists;

8.2 All Specialists, Dentists, Therapists and Orthodontic Therapists are independent contractors and are not employed by Battersea Smiles. Nothing in these Terms and Conditions is intended to be construed as creating an employee-employer relationship between Battersea Smiles and any Specialists, Dentists, Hygienists, Therapists and Orthodontic Therapists.

8.3 Battersea Smiles shall satisfy itself that:

8.3.1 The Relevant Practitioner is insured against claims for professional negligence on terms that Battersea Smiles reasonably considers are normal given prevailing market conditions at the relevant time with either the Dental Defence Union, the Dental Protection Society or another appropriate Dental Defence or Insurance organisation and;

8.3.2 The Relevant Practitioner holds the necessary qualifications and registration.

8.4 Without prejudice to the generality of 8.3 above the Specialists, Dentists, Hygienists or Therapists are solely responsible for deciding whether or not the Patient is suitable for the Relevant Treatment.

9. Complaints

In the event that the Patient is unhappy with an aspect of the service provided, the complaint should be made as soon as possible to the Complaints Manager. If they are unable to resolve the complaint to the reasonable satisfaction of the Patient, Battersea Smiles’s Complaints Procedure shall apply.

Confidentiality and data protection

10.1 Battersea Smiles processes data relating to Patients in connection with the Relevant Treatment provided to those Patients in accordance with these Terms and Conditions;

10.2 Battersea Smiles wishes to disclose data relating to Patients to the Specialists, Dentists, Hygienists, Therapists, Nurses and Orthodontic Therapists in the course of the Relevant Treatment and Battersea Smiles wish to have the consent of the Patient to such disclosure.

10.3 The Patient is deemed to consent to the disclosure of sensitive personal data by Battersea Smiles Specialists, Dentists, Hygienists, Therapists, Nurses and Orthodontic Therapists for the purpose of discussing the Relevant Treatment;

10.4 The Patient acknowledges that Battersea Smiles is obtaining this consent for themselves in order that they may comply with the provisions of the Data Protection Act 1998.

11. Refund policy

11.1 Battersea Smiles wants the Patient to be entirely satisfied with their care and treatment. If a filling, root canal treatment, crown or bridge fails within a calendar year, Battersea Smiles will provide a repair or replacement, at no charge to the Patient, if clinically suitable.

11.2 Where laboratory work is involved, e.g. the Patient is in the middle of having a denture, crown, or bridge made, or if moulds/scans have been sent for construction of any type of orthodontic appliance and the work has already been started or completed by the laboratory, the full fee may be kept to cover the cost of the laboratory invoice and any previous or pending appointments.

11.3 If the Patient is not happy with the work completed by the Relevant Practitioner, all measures will be taken to resolve the problem. Before issuing a refund, the Patient will be required to attend a review appointment so that the Relevant Practitioner is given the opportunity to put things right. If the Patient does not wish to see the Relevant Practitioner involved, he/she will be made an appointment with another Relevant Practitioner at Battersea Smiles where replacement treatment or refunds can be discussed. Refunds are processed at the end of the calendar month. Consultation booking deposits made by card will be refunded to the credit/debit card as soon as practically possible. All other refunds will be made by cheque including consultation booking deposits paid in cash. No cash refunds will be made.

12. Late arrival and cancellation policy

Battersea Smiles asks for at least 48 hours advance notice for cancelling or rescheduling an appointment, otherwise a £100 fee may be payable. Please note all cancellation fees must be paid prior to scheduling another appointment. If the Patient is late by more than 15 minutes the Relevant Practitioner may not be able to see the Patient and the £100 fee may still be due. Although extremely rare, appointments may need to be rescheduled by Battersea Smiles at short notice should any emergency situation arise or equipment failure occur within the premises. Battersea Smiles does not compensate for any late cancellations or consequential losses. Text messages, email appointment reminders, and telephone calls are a courtesy and cannot be relied upon. It is up to the Patient to note their appointment in their own diary, and attend at the appropriate time.

13. Zero tolerance on violence and aggression policy

All Patients attending Battersea Smiles facilities will be treated with respect and dignity at all times. No member of staff has the right to be abusive to Patients or their visitors and any such incidents will be treated as a disciplinary matter. Equally, Battersea Smiles does not condone any form of abuse of staff members by Patients (either in person or on the phone) or visitors and if such a situation should occur, Battersea Smiles reserve the right to terminate any provision of care.

14. Insurance form policy

14.1 Whilst Battersea Smiles staff endeavour to offer a complimentary service to submit relevant forms for the Patient to claim back against their insurance policy, Battersea Smiles will not be held responsible for any delays or errors resulting from this. Even if the Patient permits Battersea Smiles to send forms on the Patient’s behalf to the relevant company, the Patient must check the details (both personal and for professional services rendered) are indeed correct.

14.2 Errors in omission and commission, delays in insurance paybacks, and no payment back are possible consequences. It is the Patient’s responsibility to check your insurance policy terms and criteria before embarking on treatment. Battersea Smiles accepts no liability for this.

15. Personal details and communication

15.1 Battersea Smiles predominantly corresponds via email and occasionally by telephone, text message or post/fax. Should there be any changes to personal details, it is the Patient’s responsibility to inform Battersea Smiles. This will include, but is not limited to the Patient’s current telephone number, email address, postal address, home address, and medical history updates.

15.2 We will use personal details to provide the services and Relevant Treatment, process your payment and if you agreed to this to inform you about similar services we offer but you may stop receiving these communications at any time by contacting us.

15.3 We may pass your personal information to credit reference agencies where we have extended finance to you in line with clause 6 and they may keep a record of any search that they do.

15.4 We will only give your personal information to other third parties where the law either requires or allows us to do so.

16. Other important terms

16.1 Battersea Smiles reserve the right to transfer their rights and obligations under these terms to another organisation.

16.2 This contract is between you and Battersea Smiles and no other person shall have any rights to enforce any of its terms.

16.3 If a Court finds that any of these Terms and Conditions are illegal then the rest will continue in full force and effect.

17. Legal jurisdiction

The service provided by Battersea Smiles and Relevant Practitioners shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.

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