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.

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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 Contract 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.

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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 if under the age of 18.

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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.

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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;
• Fail to respond to communications from us regarding a violation, dispute or complaint; or
• Purchase product(s) from the Site with the intention of re-selling the product(s).

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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.

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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.

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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), SONICA, Hismile PAP+, Hismile SONA (figurative), LIP AND MOUTH (figurative), Vio405, V34 Colour Corrector, HISMILE ID STAIN ERASER (figurative), HISMILE SMILE CARE (figurative), SMILE CARE, FIZZ, GLOSTIK, SMILESTIKA, and SMILECHEW 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 prior 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.

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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 and / or 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”, "hismile snapchat" etc.) you authorise Hismile to send emails and / or text messages to you. If you do not want to receive emails from Hismile, you may request to be removed from our mailing list by emailing us at: privacy@hismileteeth.com. If you do not wish to receive text messages from Hismile, you should follow the unsubscribe function within the text message. 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. Please note, it may take Hismile up to fourteen (14) days to remove you from our mailing list.

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10. Privacy Policy

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

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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”, "hismile snapchat" etc.) 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.

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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.

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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 parties on the Site.

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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; or
• 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.

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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.

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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 are 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.

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17. Changes to These Terms

Hismile may modify, add, or delete portions of these Terms without prior 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 November 25th, 2024.

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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.

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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. For mistaken purchases, you can return the products to us in accordance with the Returns Policy. 

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.

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3. Acceptance or Rejection of an Order

When you place an Order, you will receive from us an Order Confirmation to the email you provided 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.

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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:

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.

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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 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.

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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.

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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.

 

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8. Subscriptions

Subscribers will receive the subscription based product on a monthly basis or until the subscription is cancelled. 

 

Your subscription begins as soon as your initial payment is processed and reoccurs automatically monthly from this date until cancelled. Should you add multiple quantities of the subscription based product to your cart when subscribing, you will receive, and will be charged for, the same number of products that you subscribed to receive each month until or unless you reduce the number of products in your subscription. See paragraph 8.2 for these details.

 

You authorise us or our payment gateway agents to store your payment method(s) and to automatically charge your payment method(s) in accordance with your selected subscription plan until cancelled. If the applicable VAT or GST rate (or other included tax or duty) changes during your subscription plan, we will accordingly adjust the tax-inclusive price for your subscription plan on your next billing date. Your subscription amount excludes shipping costs which will be automatically calculated based on shipping options in your region. Shipping costs may change depending on carrier and region changes, and we will accordingly adjust the shipping costs for your subscription plan on your next billing date. 

 

There is no minimum lock-in period. Customers can cancel or pause their subscription at any time. See paragraph 8.2 for these details.

 

It is your responsibility to ensure that you have sufficient funds in your nominated account to satisfy payment for your subscription plan during each billing period and you agree to reimburse us for any loss or damage suffered by us in connection with your non-payment of the subscription fee.

 

In the event that subscription payments for any products are overdue, we may cancel or suspend your subscription until payment has been made. 

 

We reserve the right to cancel your subscription plan in the event the product price changes, the product or the subscription offer changes or is discontinued. We also reserve the right to make changes to your subscription plan and any associated benefits. With any major changes as reasonably determined by us, thirty (30) days notice will be given. Your continued subscription after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your subscription in accordance with paragraph 8.2.

 

8.1 Toothpaste Subscription: not available to new subscribers from Tuesday, 10 September 2024 (AEST)

The toothpaste subscription is a subscription as outlined in paragraph 8 to receive a flavoured 60g | 2.1 oz fluoride+ toothpaste automatically shipped to your address each month, and which also unlocks and maintains access to Club Hismile Original.

 

Cancelling a Toothpaste Subscription will revoke access to Club Hismile Original and all associated benefits. Subscribers should read paragraphs 8.1, 8.2, 8.3, and 8.4 to understand what benefits may be impacted if they cancel or pause their subscription. 

 

There is no minimum lock-in period. Customers can cancel or pause their subscription at any time. When cancelling a toothpaste subscription, customers will continue to have access to Club Hismile Original for at least the remainder of their billing cycle, and may retain access for up to thirty (30) days from cancelling or pausing their subscription. 

 

The Club Hismile Monthly Flavour will be announced in advance, and will be flavours not available for purchase on our Site outside of Club Hismile / Club Hismile Original at the time they run as the monthly flavour. These flavours may be available in other retailers, and outside of Club Hismile / Club Hismile Original on our Site at other times. 

 

The Club Hismile Monthly Flavour will change month-to-month, on or about the 1st of every calendar month. Toothpaste subscribers will receive the Club Hismile Monthly Flavour in accordance with their billing cycle.

 

Hismile will use its complete discretion when selecting the Club Hismile Monthly Flavour. Customers are not able to alter or change the monthly subscription flavour, or opt to receive an alternative flavour.

 

If you have allergies, we recommend reaching out to our CX team by email at help@hismileteeth.com to discuss any concerns. 

 

The toothpaste subscription service was no longer offered to new customers / subscribers from Tuesday, 10 September 2024 (AEST).

 

8.2 Change or Cancel Subscription

There is no minimum lock-in period. You can cancel, change or pause your subscription at any time on the Site Account Portal, or by emailing Hismile at subscriptions@hismileteeth.com providing your email address and full name.  

 

Changes to your account will take place from the time we confirm the change in writing to you. Please ensure that you allow 3 business days for your subscription to be cancelled, paused or changed. Once your subscription fee has been deducted from your account and the order has been shipped, we will not be able to intercept your parcel or provide a refund. However, you can follow our Returns Policy if you wish to return your order once received. 

 

Cancelling or pausing your Toothpaste Subscription will revoke access to Club Hismile Original, including the ability to earn bonus points. Read paragraphs 8.3 and 8.4 for more details about how your Club Hismile Original benefits may be impacted. 

 

8.3 Club Hismile Original: not available to new customers from Tuesday, 10 September 2024 (AEST)

Club Hismile Original is accessed by having an active paid toothpaste subscription. 

 

Club Hismile Original provides subscribers access to various Club Prices, Club Products, Club Flavours, and Club Offers. These are subject to availability and change without notice, may be available in other retailers, and may be available on our Site outside of Club Hismile Original while not being featured as a Club Offer.

 

Club Hismile Original subscribers have access to all released toothpastes on our Site to purchase on their own. This includes flavours on our Site outside of Club Hismile Original that are only purchasable in a bundle (i.e. locked, hidden, and secret flavours), as well as prior Club Hismile Monthly Flavours. All flavours and products are subject to availability. 

 

When a customer subscribes to a Toothpaste Subscription, they unlock an ability to accumulate Club Hismile Points, which can be redeemed as credit towards future purchases. During the time this service is offered, this ability will continue even if customers cancel their Toothpaste Subscription. See paragraphs 8.4 for further information regarding Club Hismile Points.

 

We reserve the right to change, cancel or discontinue Club Hismile Original, and the ability to access Club Hismile Original through a toothpaste subscription. With any major changes as reasonably determined by us, thirty (30) days notice will be given for any major changes. Your continued Toothpaste Subscription after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your subscription in accordance with paragraph 8.2.

 

The Toothpaste Subscription service, and therefore access to Club Hismile Original and its associated benefits, was no longer offered to new customers / subscribers from Tuesday, 10 September 2024 (AEST).

 

8.4 Club Hismile Points: this service was no longer offered to new customers from Tuesday, 10 September 2024, and will no longer be available for existing customers from Monday, 14 October 2024 AEST

Up until Tuesday, 10 September 2024 AEST, when customers subscribed to a toothpaste subscription, they unlocked an ability to accumulate Club Hismile Points for every 1 dollar spent in their local currency on our Site. 

 

In Club Hismile Original, customers can move through Club Hismile levels the more points accumulated. Points and Club Hismile levels are based on lifetime spend. This service was no longer offered to new customers from Tuesday, 10 September 2024 (AEST), and will no longer be available to existing customers from Monday, 14 October 2024 (AEST). 

 

After Monday, 14 October 2024 (AEST), Club Hismile levels will no longer exist and Club Hismile Original members will be able to access all Club Offers regardless of their prior Club Hismile Original level. 

 

Customers who have any accumulated Club Hismile points will be issued a store credit to be redeemed on our Site to the value of their points. The value of the store credit will be calculated as stipulated under “Redeeming Points”, being 50 points = 1 dollar in your local currency. Please allow up to thirty (30) days from Monday, 14 October 2024 for this to be issued.

 

Customers should have received an email regarding this change. Please reach out to our CX team by email at help@hismileteeth.com with any questions.

 

The below information is provided for existing customers who will have access to this service up until Monday, 14 October 2024 (AEST).

 

There are two methods to accumulating points:

• Standard Points; and
• Bonus points - Only available in Club Hismile Original.

 

Customers can check their points on the Site Account Portal. Please note, it may take up to one (1) hour for points to credit towards your account. Customers can redeem points at checkout.

 

We also reserve the right to change, cancel or discontinue the ability to earn Club Hismile Points. With any such changes as reasonably determined by us, thirty (30) days notice will be given for any major changes. Your continued toothpaste subscription after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your toothpaste subscription in accordance with paragraph 8.2.

 

Standard Points

Customers who have had an active Toothpaste Subscription will have unlocked the ability to earn Standard Points. This ability for existing customers will continue up to  Monday, 14 October 2024 (AEST), at which point we will no longer offer this service. 

 

Customers who have any accumulated Club Hismile points will be issued a store credit to be redeemed on our Site to the value of their points. The value of the store credit will be calculated as stipulated under “Redeeming Points”, being 50 points = 1 dollar in your local currency. Please allow up to thirty (30) days from Monday, 14 October 2024 for this to be issued.

 

Customers should have received an email regarding this change. Please reach out to our CX team by email at help@hismileteeth.com with any questions.

The Club Hismile levels, points required to reach each level, and Standard Points accumulation is explained below:

Level No.	Club Hismile Level	Points Required	Points Accumulation
1	Hismiler	300	For every 1 dollar spent in your local currency, you will receive 5 Club Hismile Points
2	Hismile Fan	1,000	For every 1 dollar spent in your local currency, you will receive 5 Club Hismile Points
3	Hismile Icon	2,000	For every 1 dollar spent in your local currency, you will receive 5 Club Hismile Points
4	Hismile Lover	5,000	For every 1 dollar spent in your local currency, you will receive 5 Club Hismile Points
5	Hismile Diamond	10,000	For every 1 dollar spent in your local currency, you will receive 10 Club Hismile Points

If a customer cancels their Toothpaste Subscription, they will maintain any accumulated points, and will still be able to accumulate points pursuant to the above table up until Monday, 14 October 2024 (AEST), at which point we will no longer be offering this service.

 

Bonus Points - Club Hismile Original Only

Up until Monday, 14 October 2024 (AEST), at which point we will no longer be offering this service, customers with access to Club Hismile Original can also receive bonus points if they have an active paid toothpaste subscription. 

 

Up until Monday, 14 October 2024 (AEST), customers who have a toothpaste subscription will receive 300 bonus points each month they maintain an active paid subscription. Customers can also accumulate other bonus points through other Club Hismile Original incentives. 

 

If a customer cancels their toothpaste subscription, and therefore loses access to Club Hismile Original, they will no longer be able to accumulate bonus points. 

 

Club Hismile Original bonus point incentives are subject to change without notice. See Club Hismile Original product page for current offers.

 

Redeeming Points

Up until Monday, 14 October 2024 (AEST) customers can check the status of their Club Hismile Points on the Site Account Portal. Customers redeem points at checkout. 

 

Accumulated points can be redeemed as a credit toward future purchases. When redeeming points, 50 points = 1 dollar in your local currency. If customers do not redeem all remaining points by Monday, 14 October 2024 (AEST), any remaining points will be issued via a store credit to be used on our Site. Store credits will be issued using this calculation - 50 points = 1 dollar in your local currency. Please allow up to thirty (30) days from Monday, 14 October 2024 for this to be issued.

 

Prior to Monday, 14 October 2024 (AEST), if you use Club Hismile Points, your points balance will deplete by the value of points used. Despite this, points are based on lifetime spend. As such, if you use points towards a purchase, you will maintain the same Club Hismile level. 

 

Club Hismile Points cannot be used towards a purchase in conjunction with any other discount code or offer. If a discount code is added to your cart when you have also elected to use Club Hismile Points toward the purchase, whichever method (discount code or points) results in the highest cost savings will prevail. Club Hismile Points have no cash value, are non-transferrable, and cannot be used in any other way. 

 

If you redeem points towards a purchase, and later receive a refund (partial or full) for that purchase, you will not receive a monetary refund for points used. Instead, up until Monday, 14 October 2024, the points will be re-credited towards your Club Hismile Points balance. After Monday, 14 October 2024, refunds will be made pursuant to our Returns Policy at paragraphs 10 and 11, and a store credit will be issued.

 

If you cancel your Toothpaste Subscription, and therefore lose access to Club Hismile Original, you will still continue to accumulate Standard Points and be able to redeem accumulated points on future purchases up until Monday, 14 October 2024 (AEST).

 

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9. Memberships

We may offer membership plans and may change them from time to time.

9.1 Club Hismile: Tuesday, 10 September (AEST) onwards

Club Hismile is joined by becoming a member.

 

Your membership begins as soon as your initial payment is processed and reoccurs automatically monthly from this date until paused or cancelled. You authorise us or our payment gateway agents to store your payment method(s). Unless you notify us before a charge (or earlier if required by your third party billing provider) that you want to cancel or do not want to automatically renew your membership, you understand it will automatically continue and you authorise us or our payment gateway agents  to automatically charge your payment method(s) in accordance with your selected membership plan until cancelled. If the applicable VAT or GST rate (or other included tax or duty) changes during your membership plan, we will accordingly adjust the tax-inclusive price for your membership plan on your next billing date. Customers can cancel or pause their membership at any time. See paragraph 9.2 for these details.

 

If a discounted membership fee is offered upon sign-up, the discounted amount is only valid for the advertised time frame. Full membership fees will apply thereafter as stipulated at th etim

It is your responsibility to ensure that you have sufficient funds in your nominated account to satisfy payment for your membership plan during each billing period and you agree to reimburse us for any loss or damage suffered by us in connection with your non-payment of membership fees.

In the event that membership payment is overdue, we may cancel or suspend your membership until payment has been made. If this occurs, any unused toothpaste credits may expire. Expired credits cannot be re-activated. We will not be held liable, or be responsible for, expired toothpaste credits in the event your membership is suspended or cancelled due to non-payment of your membership fees. 

 

We reserve the right to cancel your membership plan if the membership offer changes, is discontinued, or if we reasonably suspect using our sole discretion that you are not a bona fide purchaser. We also reserve the right to make changes to your membership plan and any associated benefits. With any major changes as reasonably determined by us, thirty (30) days notice will be given for any major changes. Your continued membership after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your membership plan in accordance with paragraph 9.2.

 

Discount codes, gift cards, store credits, or other offers cannot be used towards Club Hismile membership fees. You may not transfer or assign your membership plan, or any associated benefits.

 

Club Hismile benefits 

The current Club Hismile member benefits include:

Benefit	Explanation
1 Free toothpaste credit per month with free shipping	You will receive 1 free toothpaste credit with free shipping each month you hold an active paid membership. Customers can choose any available toothpaste flavour when redeeming a toothpaste credit, whether that be the Club Hismile Monthly Flavour, or any other flavour (excludes PAP+ Whitening Toothpaste). Toothpastes are subject to availability.   Your first months’ toothpaste credit can be redeemed at the time you become a Club Hismile member. 1 toothpaste credit will be applied to your account every month thereafter from the date you became a Club Hismile member in accordance with your current billing cycle.    Credits can only redeem a toothpaste, have no cash value, and are non-transferrable. The monthly free toothpaste must be redeemed using a credit.    Only 1 toothpaste credit can be redeemed per order. Should a customer want to redeem multiple toothpaste credits, they will need to place multiple orders (1 order for each toothpaste credit you wish to use). See paragraph 9.2 for refunds associated with toothpaste credits.
Free shipping when redeeming monthly toothpaste credit	Free shipping only applies when redeeming a toothpaste credit (i.e. not on all orders). Customers can add further items to cart when redeeming a toothpaste credit and will also receive free shipping on those other items (i.e. the entire cart). Further items must be added prior to checking out when using a toothpaste credit to receive this benefit.
1 new toothpaste flavour dropped in Club Hismile monthly	1 new toothpaste flavour released in Club Hismile per month. Club Hismile Flavours will be flavours not available for purchase on our Site outside of Club Hismile at the time they run as the monthly flavour. These flavours may be available in other retailers, and outside of Club Hismile on our Site at other times.    The Club Hismile Monthly Flavour will be announced in advance, but will become available in Club Hismile on or around the 1st of every calendar month.   Hismile will use its complete discretion when selecting the Club Hismile Monthly Flavour.   Club Hismile Flavours are subject to availability and only available to purchase while stock lasts. We are under no obligation to restock prior Club Hismile Flavours should they sell out.
Access to all released toothpastes	Members will have full access to all released toothpastes on our Site to purchase on their own.   This includes flavours on our Site outside of Club Hismile that are only purchasable in a bundle (i.e. locked, hidden, and secret flavours), as well as prior Club Hismile Flavours.   All flavours are subject to availability.
Toothpaste credits will accrue if not redeemed within the month	Toothpaste credits will accrue if not redeemed while you have an active paid membership.    However, credits will expire and therefore be forfeited once you lose access to Club Hismile following the cancellation and / or termination of your membership. If pausing your membership, accrued credits can only be redeemed if you rejoin after you lose access.    Customers should redeem remaining credits before losing access to Club Hismile if cancelling or pausing their membership.
Club Offers	Members will gain access to Club Offers after first signing up and becoming a member. Members will have access to offers that may not be available elsewhere on our Site at the time they feature as a Club Offer, but that may appear in Club Hismile Original. This may include, amongst other things:   Club Prices; Club Products; Club Flavours; or  a collection of any of these offerings.    Club Offers will routinely change and are subject to change without notice. Club Offers are also subject to availability.   We are under no obligation to restock Club Products should they sell out. Club Offers may become available onsite outside of Club Hismile / Club Hismile Original at any time they are not featured as a Club Offer.   See Club Hismile Offers page for current Club Offers.    Discount codes, gift cards or store credits cannot be used in conjunction with other offers, such as Club Prices or Club Offers where a discounted price is being offered (i.e. discounted items, bundles etc.).  If a discount code is added to your cart when you have a Club Price or Club Offer item in cart, whichever method (discount code or Club Offer) results in the highest cost savings on the Club Price or Club Offer item will prevail. Gift cards and store credits can be used against full priced items only.

 

Club Hismile membership benefits are subject to change without notice. We reserve the right to change any membership offer or inclusion. 

 

We may offer, from time to time, other incentives, discounts, or bonus items upon sign-up to Club Hismile. These offers are provided at our sole and are subject to change without notice. These are one-time promotions and do not constitute ongoing monthly benefits as part of your membership.

 

9.2 Change or Cancel Club Hismile Membership

There is no minimum lock-in period. You can cancel, change or pause your Club Hismile membership at any time on the Site Account Portal, or by emailing Hismile at subscriptions@hismileteeth.com and providing your email address, full name, and instructions regarding the change to your membership.

If you cancel or pause your membership, this will not result in a refund of any unused portion of your billing cycle. When members cancel or pause their membership, they will continue to have access to Club Hismile for up to thirty (30) days from cancellation, however will not accrue any additional toothpaste credits. 

 

Any unused toothpaste credits will expire and therefore be forfeited when you lose access to Club Hismile. Credits cannot be reactivated, even if you re-join in future. If you pause your membership, any unused toothpaste credits won’t expire upon losing access to Club Hismile, but can only be redeemed if you rejoin Club Hismile. Toothpaste credits have no cash value, are non-transferable, and cannot be used in any other way.

 

Customers should redeem any remaining toothpaste credits before cancelling or pausing their membership. Cancelling your membership will also revoke all access to Club Hismile. 

 

Changes to your account will take place from the time we confirm the change in writing to you. Please ensure that you allow three (3) business days for changes to your membership to occur.

 

In the event that your membership payment is overdue, we may cancel or suspend your membership until payment has been made. If this occurs, any unused toothpaste credits may expire. Expired credits cannot be re-activated. We will not be held liable, or be responsible for, expired toothpaste credits in the event your membership is suspended or cancelled due to non-payment of your membership fees. 

 

See paragraph 10.4 for further information regarding membership fee refunds. 

 

United Kingdom and European customers: You have the right to cancel your membership or service contract within 14 days from the date you joined in accordance with the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. This is known as the cooling-off period, during which you can cancel for any reason and receive a full refund. Customers can cancel their membership via their Site Account Portal, or by emailing subscription@hismileteeth.com with your email address, full name, and instructions to cancel your membership.   

 

9.3 Toothpaste Credit Refunds 

Toothpastes redeemed using a toothpaste credit

Toothpastes redeemed using a toothpaste credit will be subject to the same terms and conditions at paragraphs 10 and 11.

 

If a refund is issued for a toothpaste that has been redeemed using a toothpaste credit, the refund will be issued by re-crediting a toothpaste credit to your Club Hismile account. 

 

If a refund is issued for a toothpaste that has been redeemed using a toothpaste credit after a customer has cancelled their Club Hismile membership, a store credit will be issued to the value of the toothpaste had it not been purchased using a credit, excluding shipping costs.

 

Purchased toothpaste Credits

Customers may be able to purchase additional toothpaste credits with free shipping, over and above the monthly free toothpaste credit applied to their Club Hismile account in accordance with their membership. Subject to relevant consumer laws, toothpaste credits that have been purchased are not eligible for refund even under our change of mind policy. 

United Kingdom and European customers: You have the right to cancel your purchase of a digital toothpaste credit within 14 days from the date of purchase, provided the credits have not been redeemed. If you choose to redeem or use the toothpaste credit within the 14-day cooling-off period, you will be deemed to have accepted the credit and will forgo your right to cancel the toothpaste credit purchase or request a refund under applicable consumer protection laws. By redeeming the credits within the cooling-off period, you acknowledge and agree that your statutory right to cancel or return the credits under the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 is waived. If you do not redeem or use the credits within the 14-day cooling-off period, you retain the right to cancel your purchase and request a refund in accordance with applicable consumer laws. Customers can reach out to our CX team at help@hismileteeth.com to request a refund of purchased toothpaste credits within the cooling-off period, but before redeeming the credit. 

 

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10. 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:

10.1 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:

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 medical 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 pre-treatment 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.

 

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 and European 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) and the Consumer Rights Directive 2011/83/EU. These rights and remedies cannot be excluded or restricted by our Terms. United Kingdom and European customers are responsible for the cost in returning products that meet the return requirements to Hismile.

10.2 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.

 

Subject to relevant Consumer Protection Laws, memberships, gift cards, toothpaste credits, and mystery packs and mystery bundles are excluded from our Change of Mind Policy. See clause 9.3 for more information about toothpaste credit returns policy. See clause 10.3 for more information about mystery pack and mystery bundle returns policy.

We will only provide a refund to you when we have received your returned 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.

10.3 Mystery Pack / Mystery Bundle Returns Policy.

Hismile may offer mystery packs and mystery bundles from time to time.

 

Subject to relevant Consumer Protection Laws, statutory warranties or guaranties, mystery packs are final sale and are exempt from our 30-day Change of Mind Policy. Mystery packs and mystery bundles are sold as one (1) item being the combination of products within the pack or bundle. Hismile will not offer returns, refunds, or exchanges on mystery packs and bundles, or individual items within mystery packs and bundles.  

 

United Kingdom and European customers: You are entitled to a fourteen (14) day cooling off period with all online purchases in accordance with the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. The customer is responsible for return shipping costs in returning the items to Hismile. Mystery packs and bundles are sold as one (1) item regardless of what products the mystery pack / bundle is made up of. If you open and / or use one (1) item from within the pack or bundle, you are deemed to have accepted the entire mystery pack / bundle, including all products, and will no longer be entitled to return any of the items or the mystery pack / bundle within the cooling off period. In other words, you cannot return parts of your mystery pack / bundle if any of the items have been opened and / or used. Provided cancellations or returns comply with these requirements, customers can cancel their purchase or return their mystery pack / bundle by emailing help@hismileteeth.com with your order number, email address, full name, and request.

 

10.4 Membership Fee Refund Policy 

 

Upon purchasing your membership, you will be given immediate access to the benefits and services. 

 

Because of this, subject to relevant consumer laws, by purchasing a membership with us, you acknowledge and agree that membership fees are non-refundable. This includes cases where you choose to cancel before the end of your membership term, in which case you will retain access to your membership benefits for up to thirty (30) days from cancelling or pausing your membership. Your membership will renew monthly until cancelled. 

 

If you believe you have been incorrectly charged or that an error has occurred, please contact us within thirty (30) days of the charge for consideration of any refund. All refund requests are subject to review, and issuing a refund is at our sole discretion.

United Kingdom and European customers: You have the right to cancel your membership or service contract within 14 days from the date you joined in accordance with the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. This is known as the cooling-off period, during which you can cancel for any reason and receive a full refund. Customers can cancel their membership via their Site Account Portal, or by emailing subscription@hismileteeth.com with your email address, full name, and instructions to cancel your membership.  

 

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11. 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:  

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.

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12. 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 whitening 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.

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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).

Current Site Promotions 

Current Retail Partner Promotions 

Offer	Offer Period

Current Competitions

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.

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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.

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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.

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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:

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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.

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6. Shipping

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

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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.

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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 provide 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: See offer at checkout to receive free standard shipping. Normal delivery rates will continue to apply to orders of excluded countries. Normal delivery rates will continue to apply to orders that do not add the free shipping offer to the order at checkout. Offer cannot be applied to past purchases.

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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.