TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.


Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern  Smile Gorgeous’ relationship with you in relation to your use of this website.


By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to   and “You” and “Your” refers to you, the client, visitor, website user or person using our website.


AMENDMENT OF TERMS


We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and  Smile Gorgeous’ rights and obligations to each other.


Limitation of Liability

To the maximum extent permitted by the applicable law:

  1. we do not make any warranties or representations other than those expressly set out in these Terms; and
  1. 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:

  1. 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;
  1. 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
  1. 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:

  1. the supplying of our products again; or
  1. 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.


Prices, Payment and Product Availability

Once an order has been made, you must pay the price stated on our website as being the purchase price for the relevant products (subject to the below paragraphs). It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. We will not ship any ordered products until payment for those products have been received. Unless otherwise stated, the price of our products does not include shipping and handling costs.

By placing an order with us, you warrant and represent to us that:

  1. You understand the nature and effect of these Terms and agree to be bound by them;
  2. You are authorised and legally permitted to purchase the products being ordered;
  3. You are authorised and legally permitted to effect payment for the products being ordered using the payment method selected;
  4. The information provided to us in connection with your purchase is accurate and complete.

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.

Smile Gorgeous will attempt to make the product and quantities advertised on this site available at all times. However this cannot always be guaranteed. Smile Gorgeous does not make any warranties with respect to the availability of its products and will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as is reasonably possible when this occurs and advised on what to do to solve this problem. Smile Gorgeous’ prices are subject to change without notice.

Smile Gorgeous reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty, an incorrect price has been displayed, your billing or shipping information is incorrect, we have grounds to believe that you are not authorised or legally permitted to make the relevant purchase, we have grounds to believe that you have breached these Terms or any force majeure events have occurred.

Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.

 

Promotions

We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price.

All promotions are subject to availability and while stocks last.

Any products purchased outside of the advertised time frame set out by Smile Gorgeous will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on Smile Gorgeous' platforms.


Terms of Product Use

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 provide you with any entitlement or right to sell, licence or distribute our products to third parties.

This site is solely an online store for oral/beauty products. This website is not a substitute for professional medical advice, however we do advise 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. Smile Gorgeous 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.

We do not represent ourselves as a doctor/physician and nor is this implied. Whiteness from this product will vary from customer to customer depending on factors such as the structure of one’s teeth, the number of times it is being used and the duration of time on each whitening session. Teeth whitening may not be uniform due to the difference in people’s teeth. Smile Gorgeous is not liable to you for any undesired results. Whitening fades with time and a regular upkeep is recommended in order to maintain white teeth. Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. By placing an order through Smile Gorgeous you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.

 

IF YOU NEED MEDICAL ATTENTION, CALL 000 (In Australia) OR YOUR DOCTOR IMMEDIATELY.

PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS, PERIODONTAL DISEASE OR GUMS THAT ARE IN POOR CONDITION, OVERLY SENSITIVE TEETH, WEAR BRACES, HAD RECENT ORAL SURGERY, DECAYED TEETH, HAVE ROOTS EXPOSED, HAVE COLITIS, HAVE JAW PROBLEMS, OR ARE ALLERGIC TO ITEMS INSIDE THE GEL SHOULD CONSULT A RELEVANT MEDICAL PROFESSIONAL BEFORE USING THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the gel or product before using.



COMPETITION AND CONSUMER ACT


For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth),  Smile Gorgeous’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.


You must be over 18 years of age to use this website and to purchase any goods or services.


DELIVERY OF GOODS


Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option.


Deliveries will be made to the shipping address nominated by you and it is your sole responsibility to ensure that the address provided is complete and accurate.

We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses. In the event that a product is lost in transit, Smile Gorgeous will help as much as is reasonably necessary to trace a missing parcel. 

Orders may end up being returned to us for various reasons including, non-payment of fees, duties or taxes, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will need to email hello@smilegorgeous.com to arrange redelivery and will also have to pay for all postage costs.

Risk in the products purchased will pass to you once delivery has been made to your nominated address. Please direct any shipping related inquiries to hello@smilegorgeous.com.


Taxes, Fees and Duties

When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as well as other fees or assessments which may be assessed or levied by any national, State, or local government and any of their departments and subdivisions in relation to the ordered products. These charges are not included in the original shipping charge, and must be paid by you in addition to the amounts stated on our website. You will not be entitled to payment or reimbursement by Smile Gorgeous for those charges. If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us, we will provide you with a refund for the returned products minus the return delivery costs.

If you are unsure of the charges and whether you will be affected, please contact your local customs office.

 

Returns Policy

If you consider that an item is defective and you are entitled to a replacement or a refund, you must first email hello@smilegorgeous.com and describe your problem.

Results will vary greatly from person to person, depending on the type of teeth or conditions of teeth/stains the user has. It may take a number of months to completely rid your teeth of tough stains. We here at Smile Gorgeous are not able to refund purchases unless the product is defective or you qualify for a refund in accordance with our Money Back Guarantee.

Subject to the below paragraph, Smile Gorgeous will offer a refund for defective items only if the defective product is returned to us, or you provide us with a video demonstrating (to our satisfaction) that the product is defective, within 30 days of your receipt of the same. We will review your claim as soon as we can and, if we are satisfied that your product is defective, we will provide you with a refund for the defective product.

We offer a one (1) year warranty for our LED lights. If, at any time within five (5) years following your receipt of the LED light, it no longer works for any reason and you have used it in accordance with our instructions, we will provide you with a replacement LED light free of charge. To make a claim under this warranty, you can either return the LED light to us, or provide us with a video demonstrating how the LED light is no longer working, within five (5) years from the date that you received it. We will review your claim as soon as we can and, if we are satisfied that the LED light is no longer working, we will send you a new LED light.

If you elect to return the defective product to us, it is your responsibility to pay for shipping costs upon return. Refund will be limited to the cost of the item being returned via regular post, not express. An item returned via express is the responsibility of the user and a partial refund of only the actual regular mail will be refunded. It is the user’s responsibility to be aware of this.


LINKS TO OTHER WEBSITES


Smile Gorgeous may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Smile Gorgeous and the owners of those websites. Smile Gorgeous takes no responsibility for any of the content found on the linked websites.


Smile Gorgeous’ website may contain information or advertisements provided by third parties for which Smile Gorgeous accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.


DISCLAIMER


To the fullest extent permitted by law, Smile Gorgeous absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Smile Gorgeous gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.


Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.


It is your sole responsibility and not the responsibility of Smile Gorgeous to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.


YOUR PRIVACY


At Smile Gorgeous, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.


You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Smile Gorgeous’ secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.


THIRD PARTIES


We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.


DISCLOSURE OF INFORMATION


Smile Gorgeous may be required, in certain circumstances, to disclose information in good faith and where Smile Gorgeous is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.


EXCLUSION OF COMPETITORS


If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Smile Gorgeous. Smile Gorgeous expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then   will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Smile Gorgeous reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.


COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE


This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.


Smile Gorgeous expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.


Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.


You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


WHOLE AGREEMENT


These terms and conditions represent the whole agreement between you and Smile Gorgeous concerning your use and access to Smile Gorgeous’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.



Dispute Resolution

Unless otherwise specifically provided in these Terms, a party to these Terms must not commence court proceedings, save for proceedings seeking interlocutory relief, in respect of a dispute arising out of these Terms unless it has complied with the provisions of the below dispute resolution process.

A party must give the other a notice (dispute notice) setting out:

  1. what the party considers is in dispute; and
  1. what that party requires to be done to resolve the dispute and the grounds it has for those requirements.

If the dispute is not resolved within five (5) business days of delivery of the dispute notice, the parties must, within two (2) business days, appoint a mediator approved by both parties or a mediator appointed by the New South Wales Law Society. The parties must ensure that the mediation is held and concluded within 15 days of the appointment of the mediator.

Evidence of anything said or done in the course of attempting to settle a dispute is not admissible in any subsequent proceedings.

During the dispute resolution process the parties must continue to act in accordance with these Terms.

If the dispute is not resolved by mediation within 30 days of the delivery of the dispute notice then either party may terminate the mediation.

Costs associated with the appointment of a mediator shall be borne equally between the parties to the dispute.

Subject to the above paragraph, each party must pay its own legal costs and disbursements connected with the dispute.

 

Intellectual Property

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, title 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, copyright and neighbouring 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.

 

General

With the exception of those terms provided on our website, these Terms contain the entire agreement between the parties hereto and no representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document or subsequent to the date hereof in writing and signed by a proper and duly authorised representative of the party to be bound thereby.

If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

These Terms are governed by and is to be construed in accordance with the law applicable in New South Wales, Australia.

Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.

Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given.

You must not assign your rights or obligations pursuant to these Terms to any other person without our prior written consent.

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