Terms and Conditions
www.themouthguardshop.com (TMS) is a trading name of Protective Sportswear Ltd. Company Number - 8913723 Registered address - Barn 8, Office 4, Dunston Business Village, Dunston, ST18 9AB. Trading from Unit 2, West Coppice Road, Brownhills, Walsall WS8 7HB.
Order Processing and Payment
Any orders processed through our website are subject to TMS accepting the order. Please note that the automated acknowledgement e-mail sent out following an order is not confirmation that your order has been accepted. Once the order has been accepted, a contract to purchase and deliver goods between you and TMS takes effect. Legal title will pass to you once the goods have been delivered. The contract between TMS and the customer only relates to those items listed in the acknowledgement e-mail.
You will be charged for the goods purchased before the goods have been dispatched.
All of our products are subject to stock availability. If following your order, we find a stock out on that particular item; first of all we may inform you of the wait time until the item is back in stock. If you decide that you do not wish to wait for the item, we will offer you a replacement at the same quality or above for the same price. You are not obliged to accept the replacement; alternatively, we can offer you a full refund and cancel the order. If the order contains multiple items, we will ship the items that can be fulfilled and refund the item(s) that cannot be supplied. This is something that we hope will not happen often.
All prices on our site are inclusive of VAT. Some prices and special offers may change and may only last for limited time periods, we reserve the right to withdraw or amend all prices at our discretion. Given that our website contains hundreds of products, it may be possible that items are priced incorrectly. Should you order a product that is incorrectly priced, we will notify you as soon as possible and give you the option of either amending your order to the correct price or cancelling the order completely. We are not obliged to sell goods at the incorrect price if the error could have reasonably been recognised by the customer.
You will be notified of all delivery costs during the order process. If you order over the phone we will inform you of any extra costs.
Prices on our website may vary from prices in our separate catalogues or other selling media.
If you have bridge work, fixed orthodontic appliances or false teeth then impressions should only be taken by a qualified dental professional. Our impression kits are not suitable for children under the age of 9. Children under 16 should be supervised by an adult at all times during the impression process. It is also advised that the TMS Impression System is not used if the intended wearer have milk or loose teeth.
When placing an order using our 'Design your own' tool, we will interpret your instructions in a logical way to produce the best guard possible. If once in receipt of your guard you are not happy with the design then only if we have not followed your design instructions may a replacement be available.
If an unsatisfactory impression is returned, an impression kit is lost or for any other reason a second impression kit has to be sent out we may insist that a replacement is paid for. Impression kits are available from our hygiene section for £9.95.
Returns and refunds are not available for our Custom-Fit products. This does not effect your statutory rights.
Special offers and discount codes.
Special offers are subject to availability.
Where customers are given promotional codes for discounts or other offers, they may only be used by the person to whom they were issued. They must only be used in accordance with their terms and conditions and are not transferable. Should you use a discount code that you are not entitled to use, and you do not meet all the terms and conditions of its use, we may reject your order or decide to process it without the promotional benefit of the code.
If the order is processed and then we find that you were not entitled to its use, we may reverse the benefit that you obtained. This means we may take a further payment equivalent to the value of the benefit.
Pictures used on the site are not all owned by TMS. Any unauthorised copying or modification of our site content is strictly prohibited. It is the property of TMS and is by protected by UK and international copyright laws.
We reserve the right to use any imagery you provide (us as artwork to use on your mouthguard) for our own marketing purposes. We may share photos of your completed product on various marketing portals such as social media and our website.
Competition/ Promotion Terms and Conditions.
These rules apply to all competitions free draws, prize competitions and instant win offers on themouthguardshop.com, the ‘The Mouthguard Shop’’ Facebook page, or the @mouthguardshop twitter account and any other of our official social media outlets. Depending on the competition, there may well be other restrictions or rules that apply which aren’t stated on the website.
1. The prize is non-transferable, non-negotiable and no cash alternative will be offered.
3. themouthguardshop.com or any other partner in a competition which provides the prize(s) reserve the right to substitute the prize(s) for (an)other prize(s) of equal value.
4. There is no purchase necessary to enter the competition unless it is otherwise stated on that promotional activity with a specific competition.
5. By entering the competition, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
7. In the case that a competition can be won which may result in time off work, it is assumed, that your employer is in agreement to time off. It is the winning entrant’s sole responsibility to arrange the time off work and when dates are specified by ourselves, they cannot be altered.
8. Depending on the nature of the prize, further conditions/ restrictions may be subject to its use.
9. Usually we will notify winning entrants by e-mail on the day of the draw but timescale may be different which will be detailed in terms and conditions of specific competition. Notification may be given through Facebook or Twitter should they be the only available means of contact the winning entrant. Winners are given five working days to respond to the e-mail or other form of notification where relevant before another winner will be drawn/ chosen.
10. By entering any competition, the winner(s) consent(s) to any publicity generated as a result of the promotion, and use on the www.themouthguardshop.com website at any time.
12. The decisions of TMS editors are final. The odds of winning are dependent upon the amount of entries received. Through competitions that aren’t classified as ‘prize draws’ the winning entrant can be decided at the discretion of those TMS employees who are managing the competition.
13. Only one entry per person unless competition is a ‘caption contest’ format is published through Facebook/ Twitter or other promotional channels.
14. The Mouthguard Shop will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
15. You hereby grant and assign to TMS the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in the Competitions (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of these terms and conditions, by way of present assignment of future assignment. In addition, you irrevocably and unconditionally waive all rights granted to you pursuant to Sections 77-89 (inclusive) of the Copyright, Designs and Patents Act 1988 (as may be modified, superseded or re-enacted) and any similar so-called “moral rights” prevailing in any part of the World.
17. The promoter, unless otherwise stated in the Terms and Conditions of the specific competition, themouthguardshop.com is a trading name of Protective Sportswear Ltd. Company Number - 8913723 Registered address - Barn 8, Office 4, Dunston Business Village, Dunston, ST18 9AB. Trading from Unit 2, West Coppice Road, Brownhills, Walsall WS8 7HB.