Liability Disclaimer
Appendix to the Contract between bae bladez by Viola Nauck and the Customer
Preamble
This liability disclaimer is an integral part of the contract concluded between bae bladez by Viola Nauck (hereinafter referred to as "Manufacturer") and the undersigning customer (hereinafter referred to as "Customer") for the manufacture and delivery of custom dental jewelry (so-called "Grillz"). By signing, the Customer confirms that they have read, understood, and accepted this declaration in its entirety. The Manufacturer produces custom dental jewelry from various metals. Cobalt-chromium alloys (CoCr) are used as standard; upon customer request, gold, silver, stainless steel, or titanium may also be used. Production is based on a dental impression taken using a self-curing silicone compound, as well as a 3D scan and digital design process. The Manufacturer uses a resin printer for prototype production; final manufacturing is carried out by an external partner company. The finished dental jewelry is then individually fitted to the Customer's teeth.
Section 1 – Risk Information
The Customer acknowledges that wearing dental jewelry may be associated with certain health and other risks. The Manufacturer expressly informs the Customer of the following risks:
Health Risks: Wearing dental jewelry may cause irritation of the gums, oral mucosa, or other areas of the oral cavity. Prolonged or improper wearing may result in pressure sores, abrasions, or injuries to teeth, gums, or oral mucosa. In rare cases, wearing dental jewelry may lead to dental damage, including abrasion of tooth enamel, loosening, or displacement of teeth.
Material Intolerances and Allergic Reactions: The dental jewelry used consists of metal alloys, cobalt-chromium (CoCr) as standard; upon customer request, gold, silver, stainless steel, or titanium may also be used. A self-curing silicone compound is used to take the dental impression. In persons with known or unknown allergies or intolerances to these materials, allergic reactions may occur, which may manifest as skin rashes, swelling, itching, or other symptoms. The Customer is obligated to inform the Manufacturer of any known allergies or intolerances to metals, silicones, or other materials prior to production.
Risk of Swallowing or Inhalation: Despite careful fitting, there is a risk that the dental jewelry may become loose and be swallowed or inhaled. This may occur particularly in cases of improper handling, non-compliance with care instructions, or mechanical impact on the dental jewelry. Swallowing or inhaling dental jewelry may lead to serious health complications.
Risks of Improper Use: The dental jewelry is not intended for permanent wear. In particular, the dental jewelry must be removed before eating, drinking (except water), sleeping, sports, and other physical activities. Failure to follow these instructions increases the risk of damage to the dental jewelry, injuries in the oral area, and dental damage.
Section 2 – Customer Obligations
The Customer undertakes to observe the following instructions and directions from the Manufacturer: The Customer is obligated to inform the Manufacturer in writing of all known allergies, intolerances, or health impairments that may be relevant to wearing dental jewelry prior to production. The Customer is further obligated to use the dental jewelry only as intended. This includes, in particular, removing the dental jewelry before eating and drinking (except water), before sleeping, before sports or other physical activities, and during any activities where there is an increased risk of damage to or loss of the dental jewelry. The Customer further undertakes to clean the dental jewelry regularly and to follow the care instructions provided by the Manufacturer. The Customer is required to immediately discontinue wearing the dental jewelry if complaints, pain, irritation, or other health impairments occur and, if necessary, to seek medical or dental advice. Finally, the Customer is obligated to inform the Manufacturer immediately if the dental jewelry is damaged, no longer fits properly, or exhibits other defects.
Section 3 – Exclusion and Limitation of Liability
The Manufacturer excludes liability for damages attributable to any of the following causes: The Manufacturer shall not be liable for allergic reactions or material intolerances if the Customer has not informed the Manufacturer of any allergies or intolerances prior to production, or if the reaction is based on an individual, unforeseeable hypersensitivity of the Customer. The Manufacturer shall further not be liable for damages attributable to improper use, handling, or care of the dental jewelry, particularly if the Customer has not observed the obligations set out in Section 2. The Manufacturer assumes no liability for damages caused by swallowing or inhaling the dental jewelry if this is due to improper handling or disregard of the usage instructions by the Customer. The same applies to damage to teeth, gums, oral mucosa, or other body parts attributable to wearing the dental jewelry for longer than recommended, wearing it while eating, sleeping, or exercising, or otherwise disregarding the usage instructions. The Manufacturer shall not be liable for damages attributable to unauthorized modification, repair, or manipulation of the dental jewelry by the Customer or third parties, nor for damages caused by normal wear and tear of the dental jewelry. The exclusion of liability pursuant to paragraph 1 shall not apply to damages arising from injury to life, body, or health based on an intentional or negligent breach of duty by the Manufacturer, its legal representatives, or vicarious agents. The exclusion of liability shall further not apply to other damages based on an intentional or grossly negligent breach of duty by the Manufacturer, its legal representatives, or vicarious agents, nor to claims under the Product Liability Act, nor to breach of material contractual obligations (cardinal duties). In the event of a breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for the contract, unless intent or gross negligence is involved.
Section 4 – Recommendation for Medical Consultation
The Manufacturer expressly informs the Customer that the dental jewelry is not a medical product and is not intended to serve medical, dental, or therapeutic purposes. The Manufacturer recommends that the Customer consult a dentist prior to purchasing and wearing dental jewelry to clarify individual suitability for wearing dental jewelry and to discuss possible health risks. The Manufacturer assumes no responsibility for health consequences resulting from wearing the dental jewelry if the Customer has failed to seek medical or dental advice although this would have been advisable due to pre-existing conditions, allergies, or other health circumstances.
Section 5 – Contributory Negligence In the event of damage, any contributory negligence of the Customer shall be taken into account pursuant to Section 254 BGB. Such contributory negligence may exist in particular if the Customer has not observed the risk information and usage instructions of the Manufacturer, if the Customer has not disclosed any allergies or intolerances, if the Customer has not immediately discontinued wearing the dental jewelry upon occurrence of complaints, or if the Customer has failed to seek medical or dental advice.
Section 6 – Severability Clause
Should any provision of this liability disclaimer be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision shall be deemed agreed upon that comes closest to the economic purpose of the invalid or unenforceable provision.
Section 7 – Governing Law
This liability disclaimer and the underlying contract shall be governed by the law of the Federal Republic of Germany.
Section 8 – Confirmation and Signature By signing, the Customer confirms that they have read and understood this liability disclaimer in its entirety, that they have been informed of the risks associated with wearing dental jewelry, that they have taken note of the obligations pursuant to Section 2 of this declaration and undertake to comply with them, that they have disclosed to the Manufacturer all known allergies, intolerances, or health impairments, and that they accept the limitations of liability pursuant to Section 3 of this declaration.
Customer's Information on Allergies and Intolerances:
The Customer declares that they are aware of the following allergies or intolerances: ________________________________________
If none are known: The Customer declares that they are not aware of any allergies or intolerances to metals, silicones, or other materials used in the manufacture of the dental jewelry.
Place, Date: ________________________
Customer's Signature: ________________________
Name in Block Letters: ________________________