1. Definitions

As used in our Website Terms of Use, Order Terms, Promotional & Competitions Terms and Privacy Policy, the following terms (except as otherwise expressly provided or unless the context otherwise requires) shall have the meanings set forth below:

Change of Mind Policy

A conditional change of mind offer from Hismile to any customer that wants to return their unused product within 30 days of purchase.

Contract

The legal agreement reached between Hismile and customers for the sale of goods ordered through the Site.

Consumer Protection Laws

Any laws or regulations applicable to the jurisdiction of the Site relating to the sale of goods, including but not limited to acceptable quality of goods and customer rights to a refund or replacement for defective goods.

CX Team

The Hismile customer service team that manages your purchase orders and customer service requests.

Discount Code

A code that is entered in at the checkout stage during the promotional period to receive a discount on a product or service.

Gift Card

Is a prepaid digital gift card or eCard offered by Hismile to customers who want to send it to their friends or family as a gift. The gift card is emailed to customers in the form of an alphanumeric code that must be redeemed at Hismile online stores within 3 years. Gift cards cannot be replaced if lost or stolen and cannot be exchanged for cash.

Hismile

The Australian proprietary company Hismile Pty Ltd ACN 602 929 886.

Intellectual Property Rights

All Materials are the property of Hismile or our related entities and are protected by copyrights, trademarks, and other intellectual property and proprietary rights.

Import Charges

The duties or import taxes payable by customers to customs or government authorities on imported parcels.

Materials

All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site.

Order Confirmation

An email sent to the email address provided in checkout when your payment is approved to confirm the creation of your order with Hismile.

Privacy Policy

The Hismile company policy concerning the collection, use and disclosure of customer personal information.

Product Claims Form

The document to be completed and submitted by customers to Hismile CX Team when making a defective product claim.

Promotional Offer

Any marketing or sales initiative undertaken by Hismile on their Sites, including but not limited to % off sales, product giveaways and monetary discounts.

Returns Form

The document to be completed and submitted to Hismile CX team when returning a product due to a change of mind.

Site

The websites and associated features and mobile applications owned by Hismile and located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com

Site Account Portal

The account system login to view an order history or manage a subscription.

Shipping Confirmation

An email sent to the email address provided in checkout when your parcel has been shipped with the shipping service selected in the checkout.

Shipping Fees

The transportation fees charged by third party transport providers (e.g FedEx, DHL, Australia Post) nominated by customers when placing an order on the Site.

Terms

The Hismile Website Terms of Use, Order Terms, Promotional & Competitions Terms, Privacy Policy and any other Hismile policy documents referenced on the Site from time to time.

User Content

All content you upload or provide to the Site or associated social media pages, such as submissions, comments, likes, dislikes, feedback, photos, information, videos, concepts or ideas.

2. Website Terms of Use

Hismile Pty Ltd ACN 602 929 886 (“Hismile”) maintains the websites and associated features and mobile applications located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com (collectively the "Site").

By browsing, accessing, using the Site or ordering a product through the Site, you agree to be legally bound by our Website Terms of Use, Order Terms, and Promotional & Competitions Terms (“Terms”). The references to “you” and “your,” as used in these Terms, refer to any person browsing, accessing, using the Site or ordering a product through the Site.

Please read these Terms carefully. We may change these Terms at any time, and the revised version will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

Table of contents

Acceptance of the Terms
Right to Enter the Site
Purchases
Accuracy of Information on the Site
Restrictions on Use
Termination
Ownership and Use of Materials
Intellectual Property
User Contact Information
Privacy Policy
User Generated Content
Links to External Sites
Dealings with Third Parties.
Limitation of Liability
Indemnity
General
Changes to These Terms

1. Acceptance of the Terms

If you do not agree to these terms, you must not use the site. Although you may bookmark a particular portion of the Site and bypass these Terms, your use of the Site still binds you to these Terms. If you have a question about these Terms, please email our CX Team at: help@hismileteeth.com.

2. Right to Enter the Site

Subject to your compliance with these Terms, Hismile grants to you a personal, non-exclusive, non-transferable, limited, revocable right to enter and use the Site. Any unauthorised use of the Site terminates the permission granted by Hismile to enter and use the Site.

If you are under 18 years of age, you should consult your parents about what portions of the Site are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of any services conflicts with any applicable law, rule or regulation.

You are solely responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you.

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse access to the Site to any person or entity and change our eligibility criteria at any time.

3. Purchases

The products offered for sale on the Site are subject to availability, and the prices for such products are subject to change without prior notice. Payment must be made through our current payment platform of choice.

Before making a purchase through the Site, please review our Order Terms, Promotions & Competitions Terms and Privacy Policy. If you purchase a product or service through the Site, you represent that you are at least 13 years of age and have parental consent.

4. Accuracy of Information on the Site

Hismile attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the Site you acknowledge that Hismile will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on the Site. If you find any information on the Site to be inaccurate, please alert our CX Team at: help@hismileteeth.com.

5. Restrictions on Use

Without our prior written consent, you may not:

use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or
frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. As such, you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity to obtain Materials (as that term is defined below), lists of users, or other information for an unauthorized purpose.

You may not, without our prior written permission, use any meta tags or any other “hidden text” that includes our name, trademarks, or service marks, or use any Hismile logo or other proprietary graphic, trademark, or service mark as part of a link. You agree that you will not use the Site in any manner that is inconsistent with or violates applicable law or these Terms or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You also agree not to do any of the following while using the Site:

Gather any person’s information available from the Site or transmit any unsolicited advertising, junk mail, “spam,” or chain letters;
Impersonate or misrepresent your affiliation with any person or entity or create a false identity to mislead Hismile or others;
Submit false or misleading information;
Submit or transmit any content that infringes a third party's Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy or that is unlawful, untrue, fraudulent, harassing, libellous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of Hismile or other persons, or is otherwise objectionable;
Violate any other policies stated on the Site;
Repeat any action after you receive a warning or request from Hismile to stop, whether or not that action is explicitly prohibited in our policies; or
Fail to respond to communications from us regarding a violation, dispute or complaint.

6. Termination

Hismile may terminate your use of the Site for any reason, including, without limitation, if Hismile believes that you have violated or acted inconsistently with these Terms. Hismile may also modify or discontinue providing the Site, or any part thereof, with or without notice. Hismile is not liable to you or any third party for any termination of your access to the Site, or any modification or termination of the Site.

7. Ownership and Use of Materials

All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Materials”) are owned, controlled or licensed by Hismile or our related entities. Except as expressly provided in these Terms, you may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials. Notwithstanding the rights granted to you in these Terms, you may not copy or replicate the design, layout or look and feel of the Site. Unless otherwise permitted, no trademark, service mark, graphic, sound or image from the Site may be copied or republished without our prior written authorisation.

8. Intellectual Property

All Materials are the property of Hismile or our related entities and are protected by copyrights, trademarks, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms, Hismile or our related entities do not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of Hismile or our related entities and are protected by Australian and international intellectual property laws, including copyright laws. All software used on the Site is the property of Hismile or our related entities or our software suppliers and are protected by Australian and international intellectual property laws, including copyright laws. Hismile, Hismile MOUTH SMILING (figurative), MOUTH SMILING (figurative), Hismile PAP+, Hismile SONA, LIP AND MOUTH (figurative), are registered with IP Australia and are trademarks of Hismile or our related entities, in other countries. Related indicia and product trade dress are trademarks of Hismile or our related entities. The absence of any product or service name from the section does not constitute waiver of trademark rights. You may not use any Hismile or related entity trademarks to imply any endorsement or affiliation of any product or service without written permission from Hismile.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, notify our CX team at: help@hismileteeth.com.

9. User Contact Information

You represent and warrant that all contact information that you submit to Hismile through the Site is complete and accurate. By submitting your email contact information to Hismile through the Site (e.g. “Contact Us” link, “Live Chat” box, “Subscriptions” page or “Help Centre” page) or through associated social media pages (e.g. “Hismileteeth Instagram”, “Hismile facebook”, “Hismile twitter”) you authorise Hismile to send emails to you. If you do not want to receive emails from Hismile, you may request to be removed from our mailing list at: help@hismileteeth.com. If Hismile has reasonable grounds to believe that the information you provided is untrue, inaccurate, incomplete, or outdated, Hismile may suspend or terminate your Account.

10. Privacy Policy

Your privacy is important to Hismile. Please review our Privacy Policy regarding information we collect through your use of the Site.

11. User Generated Content

You represent and warrant that all content you upload or provide to the Site or associated social media pages, such as submissions, comments, likes, dislikes, feedback, photos, information, videos, concepts or ideas (collectively “User Content”) does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

Subject to our Privacy Policy and applicable law, you acknowledge and agree that the User Content that you submit or upload to the Site, our social media pages (e.g. “Hismileteeth Instagram”, “Hismile facebook”, “Hismile twitter”) and 3rd party review platform (e.g Trustpilot) may be stored in our database vault and will be treated as non-confidential and non-proprietary and may be used or disseminated by Hismile or affiliated companies, successors and assigns for any purpose and without any compensation to you.

You agree to hold Hismile harmless from any damages suffered or claims asserted by a third party as a result of any information you submit through the Site. You may be held legally responsible for damages suffered by Hismile or third parties as a result of legally actionable content that you submit through the Site. Hismile is not legally responsible for any comments, information, or other content posted or made available on the Site by you or a third party, even if such information is defamatory or otherwise legally actionable.

12. Links to External Sites

We may provide links on the Site or connected blog, to independent websites owned and operated by third parties not under the control of Hismile. These links are not intended as an endorsement by Hismile of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using the Site or connected blog, you acknowledge that Hismile is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. Dealings with Third Parties.

Your correspondence or business dealings with third parties, such as distributors or third-party shipping services, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party. You agree that Hismile is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such third party on the Site.

14. Limitation of Liability

You expressly understand and agree that Hismile and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors:

are not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Hismile has been advised of the possibility of such damages), however arising (including negligence), and
will in no event be liable to you for any claims arising from your use of the site or these terms in an amount greater than U.S. $50.00. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

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:

supplying your ordered products again
payment of the Shipping Fee to have your ordered 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.

15. Indemnity

You agree to indemnify, defend and hold Hismile, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable lawyer or attorneys’ fees), allegations, losses and liabilities arising from or related to:

your violation of these Terms
your use of the Site
information that you submit or transmit through the Site
your access to or use of linked sites, and
any dealings between you and any third parties referenced on the Site.

16. General

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 the validity or enforcement of the remainder of these Terms.

These Terms are governed by and is to be construed in accordance with the law applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia.

17. Changes to These Terms

Hismile may modify, add, or delete portions of these Terms without ior notice. Although Hismile will post a notice of any material change to the Terms on the Site for 30 days, you are responsible for checking the Site periodically for changes to these Terms. By continuing to use the Site after Hismile posts any changes, you agree to be bound by these Terms, as modified. Your access and use of the Site is subject to the most current version of these Terms, which were last updated on August 20, 2020.

3. Order Terms

Hismile Pty Ltd ACN 602 929 886 (“Hismile”) maintains the websites and associated features and mobile applications located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com (collectively the "Site").

By browsing, accessing, using the Site or ordering a product through the Site, you agree to be legally bound by our Website Terms of Use, Order Terms, and Promotional & Competitions Terms (“Terms”). The references to “you” and “your,” as used in these Terms, refer to any person browsing, accessing, using the Site or ordering a product through the Site.

Please read these Terms carefully. We may change these Terms at any time, and the revised version will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

Table of contents

Customer Registration
Placing an order
Acceptance or Rejection of an Order
Prices, Fees and Charges
Order Cancellation
Shipping and Warehouse Dispatch
Shipping and Delivery Policy
Subscriptions
Change or Cancel Subscriptions
Returns Policy
Digital Gift Cards
Product Disclaimers

1. Customer Registration

You may create a customer account through the Site before placing an order with us. To register for an Account, you must provide us with accurate personal information including your full name, a valid email address and create a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. Any personal information that you give us will be held and used in accordance with our Privacy Policy.

You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and legal action may be taken against you.

2. Placing an order

You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.You agree to provide us with current, complete and accurate details when asked to do so by the Site.

You must pay the price stated on our website as being the purchase price for the relevant products for an order to be made. 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. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. By placing an order with us, you warrant and represent to us that:

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

3. Acceptance or Rejection of an Order

When you place an order, you will receive from us an Order Confirmation to the email you provide at checkout. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract for your product order will not be formed until you receive our Shipping Confirmation.

We may at our discretion refuse to accept an order from you for any reason, including but not limited to:

Unavailability of stock (in which case we may ask you to re-submit your order or offer you an alternative product);
We suspect that you might on-sell our products to other consumers;
if we suspect your order is fraudulent, or suspect credit card or payment-related fraud;
if there has been an error in the imagery, price or product description on the Site; or
if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.

4. Prices, Fees and Charges

The prices of our products and shipping fees displayed on the Site are current at the time of order confirmation, however, we reserve the right to change prices at any time before order acceptance (i.e. Shipping Confirmation).

All prices shown in our store Site will be subject to different currencies outlined below:

Country	Store Site	Currency
Australia	www.hismileteeth.com	AUD
Canada	ca.hismileteeth.com	CAD
Europe	eu.hismileteeth.com	EURO
United States	us.hismileteeth.com	USD
United Kingdom	uk.hismileteeth.com	GBP
International	int.hismileteeth.com	USD

We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

the purchase price of each product that is ordered inclusive of GST or VAT (unless otherwise indicated).
the shipping fees for delivering the products to you; and
all other fees and charges identified in these Terms.

Payment may only be made in the methods provided on our website. Unless otherwise stated on our Site, the purchase price of the product does not include third party shipping fees (“Shipping Fees”) of our transport or shipping providers (e.g FedEx, DHL, Australia Post). We will not dispatch any orders until the purchase price, shipping fees and any other applicable fees or charges have been received.

When, or after delivery of your order is made, there may be additional fees, duties or excise taxes (“Import Charges”) assessed or levied by government, postal or customs authorities in relation to your order. Import Charges are not included in our Shipping Fees, and must be paid by you separately to the relevant government or customs authorities.

You will not be entitled to reimbursement from us for Import Charges payable in relation to your order. If you fail to pay the Import Charges and your order is returned to us undamaged and in saleable condition, we will provide you with a refund of your order excluding applicable Shipping Fees. In the event delivery of your order is rejected by government, portal or customs authorities for unpaid Import Fees and is not promptly returned to us, we will deem your order delivered and will not send another parcel or make a refund.

5. Order Cancellation

Prior to order dispatch, we may cancel an order or reduce your products without notice if we believe, in our sole discretion, that:

you have, or intend to breach our Terms;
you are hostile or discourteous towards us;
you initiate credit card chargebacks;
you raise unjustified disputes and/or claims;
the product or related accessories are no longer available;
there was difficulty in processing payment information;
delivery to the address is not be possible;
a duplicate order for a product was placed;
the product was cancelled with your consent; or
any other reasonable reason we deem justified.

If your order is cancelled, we will contact you to explain the reason for the cancellation and (if applicable) the appropriate amount will be refunded via your original payment method. You may not cancel an order without our prior written consent, which may be withheld at our sole discretion and provided on a case by case basis.

If your order has been processed and it cannot be cancelled, then the item must instead be returned to us in accordance with the Returns Policy.

If you wish to cancel an order please contact Hismile CX Team at: help@hismileteeth.com.

6. Shipping and Warehouse Dispatch

All dispatch times and shipping times are estimated in business days as outlined in the below Dispatch and Shipping Times Table. All shipping times provided on our Site are calculated from the date that you receive a Shipping Confirmation. Orders may need to be shipped in one or more parts. All shipping times exclude customs clearance delays and any other delays caused in circumstances that are outside our control.

Country	Dispatch time after order confirmation During non-sales periods	Dispatch time after order confirmation Sales periods eg. Black Friday, Boxing Day, etc	Shipping time after warehouse dispatch All shipping times exclude custom clearance and any delays outside our control.
Australia	1-3 business days	3-10 business days	Australia Post Standard: Business 4-6 Days Australia Post Express: Business 1-2 Days
Canada	1-3 business days	3-10 business days	Tracked Standard: 10-25 Business Days DHL Express: 2-4 Business Days
Europe	1-3 business days	3-10 business days	FedEx Standard: 3-7 Business Days FedEx Express: 1-2 Business Days
United Kingdom	1-3 business days	3-10 business days	Royal Mail: 2-4 Business Days DPD Express: 1-2 Business Days
United States	1-3 business days	3-10 business days	Standard Post Tracked: 5-15 Days Express Post Tracked: 2-5 Days
International	1-3 business days	3-10 business days	Standard Post Tracked: 5-30 Business Days
US Armed Forces			Untracked Standard: 25-35 Days
Hawaii / Alaska			Standard: 3-7 Business Days

7. Shipping and Delivery Policy

Your product will be considered delivered and the Contract complete under the Terms when your parcel is scanned as delivered to your nominated shipping address by the applicable shipping or local transport provider. Unless requested by you during the order process, all risk in the product shall pass to you upon delivery.

7.1 Incorrect Delivery Address

Please carefully read the following terms:

We cannot make changes to your shipping addresses or redirect your parcel once the Order Confirmation has been emailed to you.
We cannot send you a replacement product, or process a refund for a parcel sent to the incorrect shipping address due your own error during the order process.
Please contact the shipping or local transport provider if you have any parcel redirection requests.

7.2 Delayed, Lost or Stolen Parcels

Please carefully read the following terms:

If delivery of your parcel is delayed, risk shall pass to you at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or damage of the product.
In the event that your parcel is lost or stolen, you should contact your shipping or local transport provider for resolution. We cannot send you a replacement product or process a refund. Any further replacement orders will be at your own expense.

7.3 Authority to Leave Parcel

By default, you provide authority to leave a parcel at the shipping address specified in your Order Confirmation. If the applicable shipping or local transport provider deems the area of your shipping address unsafe in their discretion, your parcel may be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to our dispatch warehouse. If delivery or collection of your parcel is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the parcel to you) accept delivery or collect the parcel from the transport carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

charge you for our reasonable storage fees and other costs reasonably incurred by us; or
no longer make the parcel available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our Returns Policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

7.4 Unable to Deliver

Please note that it might not be possible for us to deliver to some locations, and we may not be able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you, or alternatively arrange with you for cancellation of the order or delivery to an alternative delivery address.

7.5 Damaged, Incorrect or Part Orders

In the event that you are delivered a damaged product, the wrong product, or only part of your order has been delivered you are to notify the CX team at help@hismileteeth.com within 7 days of delivery.

7.6 Resends

Subject to relevant consumer law, we reserve the right to refuse any customer requests for a refund or replacement product. Our Change of Mind policy will not apply to replacement orders.

8. Returns Policy

We want you to be totally satisfied with our products. Our aim is to make the returns process as simple and easy as possible for you. In the rare event that you are not satisfied with your purchase, we offer the following returns options for orders placed on hismileteeth.com:

8.1 Faulty Product Claims

If you have purchased a faulty product from us or we have delivered the wrong product (when correctly ordered), you may have the option to make a claim under our Hismile Manufacturer’s Warranty and/or applicable Consumer Protection Laws (consumer guarantees) of your relevant country. We reserve the right to decline an exchange, refund or repair where any product fault is due to misuse or neglect. Always retain your product and do not dispose of the item so that we can assess your claim.

How to make a Faulty Product Claim?
We have a 3 stage claims process as follows:

Stage 1 Troubleshooting
Send your full name, order number, best contact information and brief details of your product issue through to the below contacts:

For all other Hismile products email our CX Team at returns@hismileteeth.com.

In some cases, troubleshooting tips from our CX Team may be able to fix your product issue. If not, we may have to request more information from you and advance your claim to Stage 2 Photo/Video Assessment.

Stage 2 Photo/Video Assessment
At this stage, we require you to provide our CX Team with photos or a video of your product clearly showing the fault. You must also provide the LOT/Batch number located on the product packaging. Details of this stage are as follows:

Your product will be assessed for faulty materials or workmanship.
We will assess your claim as soon as we can, but no longer than 14 business days.
If you claim is successful, we will provide you with a replacement product.
We reserve the right to decline your claim where product misuse or neglect is evident.

Due to the technicality of some product faults, we may request a physical assessment of your product (where possible). In this situation, your claim will need to advance to Stage 3 Physical Assessment.

Stage 3 Physical Assessment
At this stage, we will require the product be returned to our Authorised Repair Agent or the Manufacturer for physical assessment of the fault. Details of this stage are as follows:

Your product will be assessed for faulty materials or workmanship.
We will assess your claim as soon as we can, but no longer than 14 business days.
If you claim is successful, we will provide you with a replacement product.
We reserve the right to decline your claim where product misuse or neglect is evident.

More information
If you require more information about our claims process, please visit our Hismile Help Centre or email returns@hismileteeth.com.

Faulty Claims Exemptions
Subject to applicable consumer law rights, product claims based solely on the alleged poor performance of our teeth whitening products will not be assessed under our Returns Policy unless supported by objective and independent expert evidence. We have thoroughly tested our teeth whitening products for efficacy to ensure they will meet all stated claims. Despite such testing, the product results may vary depending on the type of teeth you have, the pretreatment condition of your teeth and your diet which can stain teeth. Regular teeth whitening treatments are recommended in order to maintain whiter teeth.

Hismile Manufacturer Warranty.
The benefits provided to you in the Hismile Manufacturer’s Warranty are in addition to other rights and remedies of a consumer under the Australian Competition and Consumer Act 2010, the New Zealand Consumer Guarantees Act 1993 and any other laws in relation to the products to which this warranty relates.

The Hismile Manufacturer’s Warranty covers the product against faulty materials or workmanship and entitles you to a replacement product during the applicable warranty period for the product.

Schedule of products covered by Hismile’s Manufacturers Warranty
Product Type	Period
LED Light Mouthtray in SKU10001 Teeth Whitening Kit	12 months
LED Light in SKU 10036-LK Teeth Whitening Kit	24 months

Australian customers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

New Zealand customers: This Returns Policy is in addition to the conditions and guarantees which are mandatory as implied by the Consumer Guarantees Act 1993 (NZ).

United Kingdom customers: In addition to the remedies offered by our Returns Policy, you have certain rights and remedies in relation to the goods we supply as expressed in the Consumer Rights Act 2015 (UK). These rights and remedies cannot be excluded or restricted by our Terms.

8.2 Change of Mind Policy

If you change your mind concerning your purchase, you can return the product to us within 30 days of receipt for a refund excluding shipping costs. To qualify under our Change of Mind Policy, your purchase must be unused and in the same condition that you received it, including all original packaging and accompanying material. The products must be sealed.

We will only provide a refund to you when we have received your product/s. You will be responsible for all return shipping costs. Return of the product remains your sole responsibility and risk. We accept no responsibility for items damaged or lost in the return transit. You will not be refunded any original shipping costs.

The Change of Mind Policy will not apply to replacement products issued under Clause 7 of the Order Terms.

Returns Form
Before returning your product please ensure compliance with the following:

Please download and complete the Returns Form.
Email the Returns Form and a photo of your product(s) to returns@hismileteeth.com.
Ensure that the Returns Form has been approved by the CX Team. Without approval it may result in your return not being processed.
Make sure the product is safely packaged to avoid damage in the post.
Only use a trackable and insured postal service.
Please mark 'Returned Items' clearly on the outer packaging of your parcel.
Return your products to the address indicated on the return form.
Send a follow up email to the Hismile Customer Experience Team with your tracking information.

9. Digital Gift Cards

Our Site operates a number of international stores in different monetary currencies. If you are considering purchasing, or have received a gift card, please be mindful of the applicable currency of the gift card and the accepted currency of each store. Full details are outlined below:

Country	Store Site	Currency
Australia	www.hismileteeth.com	AUD
Canada	ca.hismileteeth.com	CAD
Europe	eu.hismileteeth.com	EURO
United States	us.hismileteeth.com	USD
United Kingdom	uk.hismileteeth.com	GBP
International	int.hismileteeth.com	USD

Gift cards cannot be replaced if lost or stolen and cannot be exchanged for cash. Refunds will be credited back to your gift card. Any remaining balance of a gift card can be used for future purchases. Promotions advertised by use will not apply to gift cards, unless specified otherwise. Our gift cards have no additional processing fees. Expiry of gift cards is 3 years from the issue date.

10. Product Disclaimers

Always read product user instructions on packaging, in manuals and labels before use. It remains the user’s responsibility to ensure you are not allergic to any of the ingredients inside the gel or product before using. Use of our products may cause short term sensitivity to teeth, mouth or gums areas. Discontinue use if problems persist and consult your medical professional. You must only use our products in accordance with the instructions provided and only for the purpose in which they are provided.

Regular teeth whiten treatments are recommended in order to maintain whiter teeth. Product results from use (e.g. whitening) may vary from person to person depending on the type of teeth you have or the conditions of your teeth stains.Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. 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 suitable medical professional before using our products.

4. Promotional and Competitions Terms

Hismile Pty Ltd ACN 602 929 886 (“Hismile”) maintains the websites and associated features and mobile applications located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com, (collectively the “Site”).

By browsing, accessing, using the Site or ordering a product through the Site, you agree to be legally bound by our Website Terms of Use, Order Terms, and Promotional & Competitions Terms (“Terms”). The references to “you” and “your,” as used in these Terms, refer to any person browsing, accessing, using the Site or ordering a product through the Site.

Please read these Terms carefully. Hismile may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms. Nothing in these Terms provides you with any entitlement or right to sell, licence or distribute our products (including through use of a third party).

Table of contents

Acceptance
Offer Period
Conditions
Offers are non-transferable
Redemption
Shipping
Returns
Offers
Stock Availability

Current Promotions

Offer	Offer period

Current Competitions

Competition	Details

1. Acceptance

By using or attempting to use the Discount Code for a Promotional Offer, you agree to accept and be bound by our Terms.

2. Offer Period

Promotional Offers are only available for a limited time only, for as long as it is advertised on our Site or associated social media pages. We reserve the right to cancel or change any Promotional Offer at any time without notice and at our sole discretion. All Discount Codes must be used within the applicable promotional offer period. Failure to do so does not guarantee eligibility for the discount to be honoured.

3. Conditions

Promotional Offers and Discount Code are not valid for cash or cash equivalent.
Discount Codes must be used within the applicable promotional offer period.
Discount Codes purchased during store-wide sales may not be used in conjunction with any other offers. Only one (1) discount code may be applied per checkout.
Discount Codes offered for specific products will only be applied to the total price of the relative product.
Promotional Offers cannot be applied to previous purchases nor combined with any other offers or discounts including price matching of any other retailer.
Promotional Offers may not be combined with any other offers unless explicitly noted.
We operate store sites in a number of different countries and in different currencies. Promotional Offers will not always be replicated across all our store sites.

4. Offers are non-transferable

Promotional offers may be subject to availability. Discount Codes may not be non-transferable between different store sites. Applicable currency of each store site is outlined below:

Country	Store Site	Currency
Australia	www.hismileteeth.com	AUD
Canada	ca.hismileteeth.com	CAD
Europe	eu.hismileteeth.com	EURO
United States	us.hismileteeth.com	USD
United Kingdom	uk.hismileteeth.com	GBP
International	int.hismileteeth.com	USD

5. Redemption

To redeem a promotional offer during an offer period, enter the advertised redemption code into the promo code box during the checkout process or purchase using auto-applied code. A Discount Code cannot be used in conjunction with any other offer. You can only use the redemption code once unless otherwise stated.

6. Shipping

It is your responsibility to ensure the shipping address is correct. For further details regarding shipping refer to our Order Terms.

7. Returns

Product returns are subject to our Returns Policy. If you return and seek a refund on any item purchased using a promotional offer, the value of the discount will not be refunded to you.

8. Offers

From time to time we may run promotions on our Site or associated social media pages which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s).

8.1 . Text Marketing Terms and Conditions - TCPA Compliance

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

8.2 Text Marketing Terms and Conditions - GDPR Compliance

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions. By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase. Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

8.3 Text Marketing & Notifications.

By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided. We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing. Consent is not a condition of purchases. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. If you do not wish to be part of our service you can unsubscribe at any time by testing STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, or sending any other means of opt out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you. When you opt in for our service you may expect to get occasional texts concerning latest Text Alerts, Surveys, Welcome messages, Customer win-backs, Text Campaigns, Giveaways, Flash Sales, Upsells. If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS). Carriers (AT&T, T-mobile, Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc) are not responsible or liable for undelivered or delayed messages.

8.4 Free Shipping.

Terms & Conditions: Spend $65 AUD or more in one transaction and receive free standard shipping within Australia and New Zealand. Normal delivery rates will continue to apply to orders of excluded countries. Normal delivery rates will continue to apply to orders of less than $65 AUD. Offer cannot be applied to past purchases.

9. Stock Availability

All promoted products were available at the time of advertisement. Occasionally due to unforeseen circumstances beyond our control, some items may not be available due to events such as shipping delays or stock levels depleting due to unprecedented demand. We reserve the right to limit purchases to normal retail quantities.

Any products purchased outside of the advertised time period will not be eligible for the promotional price. Where there is no promotional period specified on our Site or associated social media page, the relevant promotion will end when it is discontinued on our Site or associated social media page.