Terms and Conditions
SmiloShine® reserves the right to change these terms, without prior notice, which will become effective from the exact time of posting on this website. The user is responsible for reading the terms and conditions carefully, including any changes, before accessing or using the site and especially prior to purchasing any products.
By visiting www.smiloshine.com and continuing to access our website, and by agreeing to purchase a product from us, you agree to be bound by the following disclaimer, together with our terms and conditions of trade and set forth below.
You may not access or use this site if you do not want to be bound by these terms and conditions.
Inquiries can be sent to our customer care at firstname.lastname@example.org
SmiloShine® 100% Satisfaction Guarantee
When you complete the Home Whitening procedure according to instructions, we guarantee you will experience a minimum whitening improvement of 2 shades from your original color. You must follow the SmiloShine 100% Satisfaction Guarantee process outlines below, to qualify for our moneyback guarantee in the rare event that you should experience less than a 2-shade whitening improvement:
- Within 24 hours of your purchase, you must send a close-up photo of your teeth, and a photo of your full face with your teeth showing (for example, teeth clenching smile) to email@example.com, with the email subject as “Before Procedure Photos + ‘Your Name’.
- After completing the procedure, you must send a close-up photo of your teeth using the shading guide, and another photo of your full face with your teeth showing (for example, teeth clenching smile) using the shading guide, along with a photo of the used product to firstname.lastname@example.org with the email subject as “Post Procedure Photos + ‘Your Name’. You should include any other relevant information in your claim. Your application will be processed within 3 days of submission.
- To qualify, your application must be completed within 7 days of receiving the product/s and all photos must have a valid date and time stamp. Applications that do not meet this criterion will be rejected. Should insufficient supporting evidence be provided SmiloShine® reserves the right to reject applications if we are not satisfied (acting reasonably) with the supporting evidence you provide to us.
Product Availability, Prices & Payment
SmiloShine® will attempt to make available all products advertised on this website, however, availability cannot be guaranteed. SmiloShine® does not make any warranties with respect to the availability of its products and will not be liable for any products which are not available at the time of order. Customers will be advised if a product is not available as soon as is reasonably possible.
SmiloShine® prices are subject to change without notice.
It is your responsibility to confirm what is in your cart prior to completing your purchase. Upon completing your purchase, you must pay the price stated on our website as being the purchase price for the relevant products (subject to the below paragraphs).
We do not provide refunds for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. Products will only be shipped once full payment has been received for your order.
By placing an order with us, you warrant and represent to us that:
- You understand the nature and effect of these Terms and agree to be bound by them.
- You are authorized and legally permitted to purchase the products being ordered.
- You are authorized and legally permitted to effect payment for the products being ordered using the payment method selected.
- You will supply accurate and complete information at the time of purchase to enable this transaction to be completed.
You agree to indemnify us against any and all expenses, losses, damages, or costs that we may sustain or incur in connection with any breach by you of the above warranties.
SmiloShine® reserves the right to refuse or cancel orders where there has been an error on the website, technical or otherwise if the incorrect price has been displayed if your billing or shipping information is incorrect if we have grounds to believe that you are not authorized or legally permitted to make the relevant purchase and/or that you have breached these Terms or any force majeure events have occurred. Should such a situation arise, the customer will be notified immediately, and any incorrect credit card payments already received will be refunded.
SmiloShine® does not, and is not, able to give or intend to provide any advice in connection with your medical-related questions. This website does not replace any medical professional resource. By placing an order through SmiloShine® you agree that:
- You are over the age of 18.
- You are not pregnant, breastfeeding, or lactating.
- You do not have periodontal disease or gums that are in poor condition.
- You will not use the products if you are diabetic as some products contain sugars.
- You will not use the product if you suffer from a heart condition.
- You do not have overly sensitive teeth, wear braces, or had oral surgery recently.
- SmiloShine® does not guarantee against tooth sensitivity, we only imply it in comparison to other whitening products.
- You do not have decayed teeth, exposed roots, colitis, or jaw problems.
- It remains the user’s responsibility to ensure you are not allergic to items inside the gel and for the users to consult a relevant medical professional before using this product.
- You will not use the products if you are allergic to any of the ingredients.
- You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provides you with any entitlement or right to sell, license, or distribute our products to third parties.
- This website is not a substitute for professional medical advice, however, we do advise you to consult your health care practitioner/dentist/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner can address any concerns, medical questions, and queries regarding the possible treatment of any medical condition. We do not represent ourselves as a doctor/physician and nor is this implied.
- Teeth whitening may not be uniform due to the difference in people’s teeth and, unless you meet the criteria for our SmiloShine 100% Satisfaction Guarantee, SmiloShine® is not liable to you for any undesired results.
- Whitening fades with time and regular upkeep is recommended in order to maintain white teeth.
- If you experience any severe discomfort or other problems, you will discontinue using the whitening and contact your dentist immediately.
- Whiteness from this product will vary from customer to customer depending on factors including, but not limited to, the structure of one’s teeth, the number of times it is being used, and the duration of time on each whitening session.
- SmiloShine® will not be liable for any injury caused by the misuse of this product or unforeseen reactions to the ingredients contained within. The total liability is limited to the cost and amount paid to purchase the product. You accept all risks associated with the product as well as any complications that may arise as a result of your use of the product.
IF YOU NEED MEDICAL ATTENTION,
CALL YOUR DOCTOR IMMEDIATELY.
Limitation of Liability
To the maximum extent permitted by the applicable law:
We do not make any warranties or representations other than those expressly set out in these Terms; and
All terms, representations, and warranties that may be excluded by law regarding our products and the provision of them are expressly excluded from these Terms.
If any legislation implies into these Terms any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under, that term or warranty, is deemed to be included in these Terms.
To the maximum extent permitted by the applicable law, we expressly exclude liability for any:
Indirect, special, incidental, or consequential loss or damage suffered by you which may arise in connection with these Terms, or the provision of our products, their use, or in respect of other equipment or property;
Loss, damage, or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third-party service provider; and
Loss of profit, business, revenue, goodwill, or anticipated savings.
If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:
The supplying of our products again; or
The payment of the cost of having the products supplied again.
To the maximum extent permitted by law, if for any reason we are directly or indirectly liable to you in respect of any products provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those products.
Except to the extent owned by our suppliers or licensors, we own all Intellectual Property Rights subsisting in our website, our products, and our branding. Nothing in these Terms or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights. We reserve all rights, titles, and interests in our Intellectual Property Rights.
For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law, or equity in any part of the world including (without limitation) patents, trademarks, and neighboring rights, designs, domain names, know-how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.