Terms and Conditions
Throughout Terms and Conditions, the terms “we”, “us” and “our” refer to Chisell, the company (hereinafter - CHISELL).
The term “User”, “purchaser” and “customer” refer to you, as the purchaser and intended user of one or more CHISELL provided or offered products.
By visiting the Site and/or purchasing CHISELL products, User accepts our here mentioned Terms and Conditions and agrees to be bound by the Terms and Conditions of Use, and all other terms, conditions, policies and notices set forth herein or included by reference and/or available by hyperlink (collectively, the “Terms of Service”, “Terms”).
The Terms of Service mentioned below apply to purchasers of CHISELL products and all other users of the site and Products, including without limitation users who are browsers, vendors, customers, merchants or contributors of the content.
Terms and Conditions of use
Point 1. Ownership of the submitted material
Except as expressly prohibited by applicable law, all photographs, digital images, documents and materials submitted to CHISELL for any purpose are the sole property of CHISELL upon transmission by the person or entity submitting the image(s); and that person or entity expressly waives any and all objections to the use or republication by CHISELL of any such images for marketing purposes, promotional purposes, and/or display on any of its online platforms, physical catalogues and advertisements, or any other legal purpose.
Point 2. Risk of use
- All CHISELL tabs and any other associated products or their parts (hereinafter - Products) offered and sold through CHISELL-owned and affiliated websites, catalogues, stores and showrooms (hereinafter - Platforms) are not intended for medical use, have not been medically tested and are not subject to any government regulation or approval.
- CHISELL makes no medical claims about the safety of or risks involved in the use of CHISELL Products.
- As with any product intended for use in or about the facial area or fitness related products, the improper use of CHISELL Products can result in harm, including physical injury, disability or death to the user. All purchasers and other users of CHISELL Products expressly assume all risk of personal injury of any kind arising out of their use. CHISELL cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through its websites, catalogues, or otherwise, including but not limited to its other Platforms.
- Because CHISELL Products are intended for use in or about the mouth and facial area and are a choking hazard, all CHISELL Products should be safely stored in their custom cases or sealed containers away from infants, children and pets.
- Use CHISELL Products at your own risk
Point 3. Sanitary information and protocol
- All CHISELL Product users should practice common hand hygiene before and after using CHISELL tabs or other CHISELL Products in or about the mouth.
- Before and after each use, CHISELL Products should be hand-washed with warm water and organic, non-toxic soap and stored in their original sealed containers when not in use. CHISELL Products are not dishwasher safe. See additional cleaning instructions accompanying CHISELL Products.
- To avoid transmission of viruses, germs and bacteria, tabs and other CHISELL Products should not be shared between users.
- Visit https://www.who.int (worldwide), https://www.cdc.gov/ (USA) and https://ec.europa.eu/health/home_en (EU) for additional hygiene guidelines and transmission prevention practices.
Point 4. Warranty
- CHISELL warrants only to the original purchaser of all CHISELL tabs and other CHISELL Products for a period of 30 days from the date of the original purchase that the product will be free from defects in material and workmanship which could cause damage or injury to the purchaser’s healthy, firmly implanted, natural teeth when properly fitted and used as recommended by the enclosed manufacturer’s instructions.
- CHISELL Product purchaser expressly waives all other possible warranties not mandatory by law.
- The resale, transfer, alteration, or destruction of any CHISELL Product immediately, irrevocably and without notice void all warranties.
- For replacement please check our Replacement Policy at https://chisell.eu
Point 5. Liability
Except to the extent, applicable law may prohibit the limitation or exclusion of liability of special or consequential damages:
- In no event shall CHISELL liability exceed the purchase price of the products.
- CHISELL shall not be liable for any special or consequential damages arising out of or resulting from the use or misuse of any CHISELL Product sold through any CHISELL Platform.
- CHISELL's liability to the purchaser of any CHISELL Product purchased directly from CHISELL or an authorized CHISELL Products vendor is limited to repair or replacement of that product for one year after the purchase date provided the buyer provides sufficient evidence that after using the product according to instructions, the product can no longer serve it’s purpose due to irreparable damage.
Point 6. Recommendations and precautions
- CHISELL Product users must have attained the age of majority or of full age, at least 18 years or higher old, in their jurisdiction of residence or in the jurisdiction of use of CHISELL Products.
- CHISELL Products are designed exclusively for the purpose of exercising facial muscles and are not intended for any medical treatment, therapy, rehabilitation, or any other medical purpose whatsoever.
- CHISELL makes no medical claims regarding:
- any medical, dental, or orthodontic treatment,
- cure of any medical, dental or orthodontic condition,
- the safety of use of CHISELL Products,
- damage to the user’s facial muscles and their groups, mouth, gums or teeth,
- CHISELL Products are not to be used as night guards, retainers or for any other orthodontic purpose,
- CHISELL strongly recommends new and beginning users of CHISELL Products consult a physician before performing exercises or commencing an exercise program with CHISELL Products. It is the user’s sole responsibility to evaluate the user’s own medical and physical condition and independently determine whether to perform, use or adapt any of the representative exercise programs demonstrated on any CHISELL Platform.
- CHISELL strongly recommends prospective users of CHISELL Products who have any prior or current neck problems, injuries or surgeries around the face, jaw and neck areas (including, for example, automobile injuries, sports injuries, facial surgeries, oral surgeries, orthodontic or dental surgeries) should obtain clearance from a physician before using CHISELL Products or beginning an exercise program with CHISELL Products.
- CAUTION: If while using any CHISELL Product user experiences any symptoms of weakness, unsteadiness, light-headedness or dizziness, chest pain or pressure, nausea, or shortness of breath, the user should immediately stop the exercise immediately and consult a physician.
- It is normal to experience varying degrees of muscle soreness after exercising, after beginning a new exercise, or after advancing to a higher level of resistance or new tabs.
- Any exercise program may result in injury if not properly performed or supervised.
- By voluntarily undertaking any exercise you assume the risk of any resulting injury on your own accord and responsibility.
- CHISELL does not recommend using CHISELL when driving or operating any kind of machinery.
Terms of Service
This Site (chisell.eu) is operated by CHISELL.
Throughout the Site, the terms “we”, “us” and “our” refer to CHISELL, and the term “User”, “purchaser” and “customer” refer to you, as the purchaser and intended user of one or more CHISELL Products.
Access to the Site, and all products, information, tools and services, offers and warranties on the Site, is offered to User expressly conditioned upon User’s acceptance of the Terms and Conditions of Use, and all other terms, conditions, policies and notices set forth in any of them.
Any new products, features or tools which are added to the retail pages of the Site shall also be subject to the Terms of Service. User can review the most current version of the Terms of Service at any time on this page.
CHISELL reserves the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to the Site without prior notice. It is the User’s responsibility to check this page periodically for changes to the Terms of Service. User’s continued use of or access to the Site following the posting of any changes constitutes User’s acceptance of all updates and changes.
User should read all Terms of Service carefully before accessing or using the Site.
By accessing or using any part of the Site, the User agrees to be bound by the Terms of Service.
If User does not agree to all the Terms of Service, then User will be deemed, for all purposes, to be an unauthorized user and, in the sole and absolute discretion of CHISELL, may be denied access to the Site and/or prohibited from purchasing CHISELL Products or using any of the Site’s services.
NOTICE: As an authorized user, I confirm that I have read and understood the Terms of Service, and I accept the Terms of Service in its entirety, without exception.
Point 1. Site terms
- The CHISELL Site Store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform for CHISELL to sell our products and services to User and other customers. By agreeing to the Terms of Service, User also agrees to the terms, conditions and rules of Shopify.
- The Shopify terms and conditions can be found here https://www.shopify.com/legal/terms.
- By agreeing to the Terms of Service, User represents that:
- User has attained the age of majority in User’s state or province of residence,
- User expressly authorized any minor child over whom User has legal guardianship to use this site without restriction,
- User assumes all responsibility and liability, if any, for the purchases and all other actions of such minor child on the Site.
- User is strictly prohibited from using CHISELL Products, trademarks, or copyrighted materials or images without prior written authorization from CHISELL; and the use of any of them for any unlawful purpose is absolutely prohibited.
- In using the Service, the User shall not violate any laws in the User’s jurisdiction or any copyright, trademark and patent infringement laws.
- User is strictly prohibited from transmitting to, across or upon the Site any worms, viruses, spam, any file or code of a destructive nature, or any messages deemed as “hate speech”.
- The willful violation of any of the Terms of Service may result in immediate termination of User’s Services and a ban from the CHISELL Site and all related platforms, in the sole discretion of CHISELL.
Point 2. General conditions
- CHISELL reserves the right to refuse access to the Site or Service to anyone, for any reason, at any time.
- User understands that content (excluding credit card, payment, and banking information, and other private information) provided by User to CHISELL may be transferred and encrypted over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
- User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or the Service, use of the Site or Service, access to the Site or Service, or any contact on the Site through which the Service is provided, without prior express written permission of CHISELL.
- All headings used in this agreement are included for convenience and facility of reference only, and will not limit or otherwise affect the Terms of Service.
- CHISELL is not responsible for the accuracy of information on the Site. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at User’s own risk.
- b. The Site may contain certain historical information. Historical information is not necessarily current and is provided for User’s reference only. CHISELL reserves the right to modify the contents of this Site at any time, but shall have no obligation to update any such information. User agrees that it is User’s responsibility to monitor any changes to the Site.
Point 3. Prices and service
- Prices for CHISELL Products are subject to change without notice.
- CHISELL reserves the right to, at any time and without notice, modify or discontinue the Service (or any part or content thereof).
- CHISELL shall not be liable to User or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Point 4. Services or products
- Certain CHISELL Products or Services may be available exclusively online through the Site. Such products or services may be available in limited quantities only and are subject to return or exchange only pursuant to the CHISELL Refund Policy.
- CHISELL makes every effort to display as accurately as possible the colors and images of our products which appear in the Site Store. As computers and monitors vary in terms of picture quality, definition, tone, contrast, sharpness, warmth, refresh rate, and other factors, it may not be possible for User to view an accurate color representation of the CHISELL Products; and accordingly, CHISELL cannot guarantee that User will have an accurate representation of a product’s color before purchasing online based solely on the image displayed on User’s computer monitor.
- CHISELL reserves the right, in its sole and absolute discretion, without prior notice, to:
- limit the sale of CHISELL Products or Services to any person, geographic region or jurisdiction, and to make such determination on a case-by case basis;
- limit the quantities of any CHISELL Products or Services offered for sale to any or all customers and/or users;
- change the descriptions of any or all CHISELL Products at any time and from time to time;
- change the prices of any or all CHISELL Products at any time and from time to time;
- discontinue any CHISELL Product at any time.
- All CHISELL Products and Services are owned by CHISELL.
- CHISELL does not warrant that the quality of any CHISELL Products, Services, information or other material purchased or obtained by User will meet User’s expectations, or that any errors in the Service will be corrected; and the Limited Warranty set forth in Section 4 of the Terms and Conditions of Use attached hereto and incorporated herein by this reference is the sole warranty on all such products and services.
Point 5. Billing and account information
- CHISELL reserves the right to refuse any order User may place with us. CHISELL may, exercising sole and absolute discretion, limit or cancel quantities purchased per person or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders which use the same billing and/or shipping address. Should any order be changed or cancelled, CHISELL may attempt to notify User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. CHISELL reserves the right to limit or prohibit orders which, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.
- User agrees to provide current, complete and accurate purchase and account information for all purchases made on the Site Store. User agrees to promptly update User’s account and other information, including User’s email address and credit card numbers and expiration dates, so that we can complete User’s transactions and contact User as needed.
Point 6. Third party content
- Certain content, products and services available through the Site and as part of the Service may include materials or content from third parties.
- Third-party content or links on the Site may direct the User to third-party websites which are not affiliated with CHISELL.
- CHISELL is not responsible for examining or evaluating the content or accuracy, and does not warrant and shall have no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, even if available through a website reached through a link from the Site.
- CHISELL is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
- The User should review all third parties’ policies and practices and make sure the User understands them before the User engages in any transaction with that party or on that website.
- Complaints, claims, concerns, or questions regarding third-party products should be directed to that party.
Point 7. Comments, feedback and other submissions
- If, upon request by CHISELL, the User sends certain specific submissions (e.g., contest entries) or without a request from us the User sends creative ideas, suggestions, feedback, endorsements, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), User agrees that CHISELL may, at any time, without restriction, obligation or remuneration to the User, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments forwarded by the User to CHISELL.
- CHISELL is, and shall be, under no obligation to:
- maintain any Comments in confidence;
- pay User or any author compensation for any Comments;
- respond to any Comments.
- CHISELL shall have the absolute right, but no obligation, to monitor, edit and remove content it determines in its sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, violative of any party’s intellectual property or the Terms of Service.
- The User agrees not to make any Comments which would tend to violate the rights of any right of CHISELL or any third-party, including, but not limited to, copyright, trademark, patent, privacy, personality or any other personal or proprietary rights.
- The User further agrees that no such Comments will contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or the Service, or any related website.
- User shall not use a false e-mail address, appropriate the identity of another user, pretend to be anyone other than User, or otherwise mislead CHISELL or third-parties as to the origin of any Comments.
- The User is solely responsible for all Comments the User makes and their accuracy, effect and consequences.
- CHISELL takes no responsibility and assumes no liability for any Comments posted by User or any third-party.
Point 8. Inaccuracies and errors
- Information on the Site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
- At any time (including after the User has submitted an order) and without prior notice, CHISELL shall have the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site, in the Service or on any related website is inaccurate.
- Except as may be otherwise required by law, CHISELL undertakes no obligation to update, amend or clarify information on the Site, in the Service or on any related website, including without limitation, pricing information.
- No specified update or refresh date applied on the Site, in the Service or on any related website, should be taken to indicate that all information on any of them has been modified or updated.
Point 9. Prohibition of use
- In addition to other prohibitions as set forth in the Terms of Service, User is prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Site or Service or any related website, other websites, or on the Internet.
- We reserve the right to terminate User’s use of the Site and/or Service or any related website for violating any of the prohibited uses.
Point 10. Limitation of liability, indemnification and severability
- CHISELL does not guarantee, represent or warrant that User’s use of the Site or Service will be uninterrupted, timely, secure or error-free.
- CHISELL does not warrant that the results which may be obtained from the use of the Site or Service will be accurate or reliable as mentioned above.
- User agrees that from time to time CHISELL may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to the User.
- The User expressly agrees that User’s use of, or inability to use, the Service is at User’s sole risk.
- The Service and all CHISELL Products and Services delivered to User through the Service are (except as expressly provided to the contrary) sold and delivered to User “as is” and “as available”, and subject only to the limited warranty set forth in Section 4 of the Terms and Conditions of Use attached hereto and incorporated herein by this reference.
- In no case shall CHISELL, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from User’s use or misuse of any of the Site, the Service or any CHISELL Products procured using the Service, or for any other claim related in any way to User’s use of the Service or any CHISELL Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of CHISELL arising out of any of the above shall be limited to the maximum extent permitted by applicable law.
- User agrees to indemnify, defend and hold CHISELL and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim or demand, including attorneys fees, made by any third-party due to or arising out of the User’s breach of the Terms of Service, the Terms and Conditions of Use, any other documents incorporated herein by reference, or User’s violation of any law or the rights of a third-party.
- In the event that any provision of the Terms of Service or the Terms and Conditions of Use or any other incorporated hereinafter document is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Point 11. Termination
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- The Terms of Service are effective unless and until terminated by either the User or CHISELL. User may terminate the Terms of Service at any time by notifying CHISELL that User no longer wishes to use the Services, or when the User ceases using the Site.
- If in the sole judgment of User fails, or is CHISELL reasonably believes that User has failed, to comply with any term or provision of the Terms of Service, CHISELL also may terminate this agreement at any time without notice, and User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny User access to the Services (or any part thereof).
Point 12. Enforcement
- The failure of CHISELL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- The Terms and Conditions of Use attached hereto are expressly incorporated into these Terms of Service by this reference. The Terms of Service and all other documents incorporated herein by reference, and any policies or operating rules posted by CHISELL on the Site or with respect to the Service, constitutes the entire agreement and understanding between User and CHISELL and govern User’s use of the Service, superseding any and all prior versions of the Terms of Service, all prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and CHISELL.
- To the extent permitted by applicable law, ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party that is CHISELL.
Point 13. Changes to Terms of Service
- The most current version of the Terms of Service are available for review and download by any user at any time on this page https://chisell.eu/terms-and-conditions
- CHISELL reserves the right, at its sole and absolute discretion, to update, change or replace any part of the Terms of Service by posting updates and changes to the Site.
- It is the User’s responsibility to check the Site periodically for changes.
- The User’s continued use of or access to the Site or the Service following the posting of any changes to the Terms of Service constitutes the User’s acceptance of those changes.
Point 14. Personal information
Point 15. Governing law
- The Terms of Service, the Terms and Conditions of Use, and any separate agreements by which CHISELL provides User Services shall be governed by and construed in accordance with the laws of the European Union or specifically the laws of the Republic of Latvia inside the European Union.
- Venue for any action arising out of or relating to the Terms of Service shall lie within the Republic of Latvia.
Point 16. Contacts
- Questions about the Terms of Service or any policy mentioned here should be sent to us at firstname.lastname@example.org or Robert Koch Str. 8, Winsen, Germany.