Terms of service
Please note: The following is a translation provided for your convenience. Only the German version of this document is legally binding.
Our goal is your one hundred percent satisfaction
Your mouthguard should fit perfectly and look good. If you are not satisfied with any aspect, please contact us so that we can solve the problem.
For custom-made mouthguards, our fit guarantee applies: If your mouthguard does not fit, we will rework it, send you a replacement or refund your money.
The boil and bite mouthguard is fitted by you yourself at home. The fitting result is beyond our influence and therefore at your own risk – we cannot provide a fit guarantee for this. A refund for the boil and bite mouthguard is only possible in the case of production defects.
Our products
Dental Armor offers two types of products: custom-made mouthguards, which are individually manufactured according to your dental impression, and boil and bite mouthguards, which you fit yourself at home. The following terms apply to both product types unless an express distinction is made between them.
Who should NOT use our mouthguard
Unfortunately, we cannot currently produce sports protection for athletes with braces, removable dentures, loose teeth or temporary crowns/bridges. Should any of these points apply to you, then you should by no means order from us. By placing your order, you confirm that none of these points applies to you.
Liability
A mouthguard can reduce the risk of tooth and jaw injuries, but cannot exclude it. Dental Armor does not guarantee complete protection against injuries; our products do not replace dental or medical advice or treatment.
For damage arising from injury to life, body or health, as well as for damage based on an intentional or grossly negligent breach of duty by Dental Armor, its legal representatives or vicarious agents, Dental Armor is liable without limitation in accordance with the statutory provisions.
In the case of slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), the liability of Dental Armor is limited to the foreseeable damage typical for the contract. Any liability beyond this is excluded. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
Impression kits (only for custom-made mouthguards)
Each custom-made guard is manufactured according to the exact specifications of your impression. The materials contained in the impression kit are not reusable. A refund of the impression kit is not possible. For the boil and bite mouthguard, the impression kit is omitted, as you fit it yourself at home.
Mouthguard design
Legally compliant content and customer's assurance
The customer assures that he is the sole rights holder of the content uploaded or commissioned by him (graphics, logos, names, texts, images, symbols and the like) or possesses all usage and exploitation rights required for the use, reproduction, editing and public communication – and this in all countries into which the product may be delivered or in which it may be advertised. In particular, the customer assures that the content does not infringe any copyright, trademark, design, name or personality rights of third parties. The uploading of protected third-party content in which the customer holds no rights is expressly inadmissible. Furthermore, content that violates applicable law is prohibited (e.g. content inciting hatred, obscene content, content glorifying violence or prohibited symbols).
No prior content review
The design is carried out via an automated configuration and design tool. Given the multitude of individual uploads, a general, proactive monitoring of all uploaded content for possible legal infringements does not take place. Responsibility for the legal admissibility of the submitted content lies exclusively with the customer, who alone possesses the necessary rights and can assess their existence. Dental Armor remains entitled to check content on a random or occasion-related basis.
Indemnification
The customer indemnifies Dental Armor upon first request against all third-party claims asserted against Dental Armor due to an infringement of their rights by the content transmitted by the customer – regardless of the country or jurisdiction. The indemnification includes in particular claims for injunctive relief, removal, information and damages, warning and contractual penalties, as well as all reasonable out-of-court and court costs of legal prosecution and defence (including lawyer's and court costs). The customer supports Dental Armor in defending against such claims to the best of his ability and immediately provides all information and documents required for this. Further claims for damages by Dental Armor remain unaffected.
Placement and aesthetics
The exact placement of a logo/name/number cannot be guaranteed, as every mouth and every mouthguard is unique. Our experts place them as close as possible to what is visible on the impression/model.
No obligation of Dental Armor to check
Dental Armor is not obliged to proactively check or monitor the transmitted content for its legality; a check may be carried out voluntarily, without acknowledgement of any legal obligation. If Dental Armor becomes aware of a possible legal infringement, Dental Armor is entitled to stop production, cancel the order and delete the design concerned, without any claims arising for the customer as a result.
Obligation to provide proof & right of refusal
Dental Armor may at any time demand written proof of rights or licence. Designs can be rejected or deleted without giving reasons, in particular in the case of suspicion of legal infringements or incompatible content. Repeated violations lead to the permanent blocking of the customer account.
Unique character
Each mouthguard is manufactured uniquely to measure for the respective customer and delivered exclusively to him; serial or multiple production of the same design does not take place.
Licence for manufacture and advertising use
With the placing of the order, the customer transfers to Dental Armor all transferable usage and exploitation rights (§§ 15 ff. UrhG) to the submitted design exclusively and without limitation in terms of time, territory and content. This transfer is carried out in detail as follows:
a) Scope of the granting of rights The transfer of rights includes in particular the right to
- reproduction and distribution,
- making publicly available (in particular online),
- editing and transformation (e.g. adaptation to different product forms),
- permanent use on physical products, as well as
- further transfer of these rights (e.g. to production or distribution partners).
b) Moral rights and attribution The inalienable moral rights of the customer (§ 13 UrhG) remain unaffected. However, the customer expressly waives the right to attribution and permits Dental Armor to use the design anonymously.
c) Irrevocability and remuneration The transfer of rights is irrevocable. A revocation of the rights pursuant to § 41 UrhG is excluded – as far as legally permissible. The remuneration for the transfer of rights is fully settled with the purchase price of the mouthguard. There is no claim to further remuneration (§ 32 UrhG).
No liability for further dissemination by the customer
If the customer publishes the mouthguard or its design (e.g. photos in social networks), the sole responsibility for this lies with the customer; Dental Armor is not liable for this.
Advertising use, social media and personality rights
The customer furthermore consents to Dental Armor being permitted to use the finished product including the design for advertising and marketing purposes, in particular for the publication of photos and videos on its own websites and social media channels (e.g. TikTok, Instagram, YouTube). This consent also extends to names and other information contained in the design, insofar as necessary for their advertising use, and is revocable at any time with effect for the future. If a design contains names, portraits or other identifying features of identifiable persons, the customer assures that he possesses the necessary consents for this (in particular under the Art Copyright Act (Kunsturhebergesetz) and the GDPR).
Right of withdrawal and its exclusion
Custom-made mouthguards are manufactured exclusively according to your individual impression. Mouthguards with a design created by you (e.g. boil and bite with design) are likewise clearly tailored to your personal needs. For these products, there is no statutory right of withdrawal pursuant to § 312g para. 2 no. 1 BGB.
For standard products without individual customization – such as a boil and bite mouthguard without design – the statutory right of withdrawal of 14 days applies.
The voluntary fit guarantee of Dental Armor remains unaffected by this.
Shipping
Should your shipment not arrive, please first clarify this directly with the shipping company and check your tracking link. If the shipping service provider has lost your parcel, ask it for a corresponding confirmation; with this we can obtain recourse and send you a new mouthguard. If your impression kit has been lost, we will send you a new one. If the address you provided is not a safe place for delivery, please contact us in advance to discuss alternatives.
Changes to services and prices
The prices of our products may change. We reserve the right to change or discontinue the service at any time. We are liable neither to you nor to third parties for changes, price changes, suspension or discontinuation of the service. Contracts already concluded remain in place at the agreed price.
Accuracy, completeness and timeliness of the information
We assume no liability for the accuracy, completeness and timeliness of the information on this website. The material serves exclusively for general information. This website may contain historical information that is no longer current. We reserve the right to change the content of this website at any time, but are not obliged to update the information. It is the responsibility of the user to inform himself about changes.
Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Applicable law
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the state in which you have your habitual residence remain unaffected.