Terms & Conditions
MySmile under MiracleSmile Cosmetic Products Trading(‘ MiracleSmile Cosmetic Products Trading ‘ Unit C-D, 31 Aguirre Ave., BF Homes Parañaque City, M.M., Philippines) and its associates, successors and assigns (collectively referred to as ‘us’, ‘we’ and ‘our) are providing their goods and services to you (the person making an order with us) subject to the following terms, which are also known as our terms and conditions of trade (“Terms of Trade”). By agreeing to purchase a product from us, you agree to be bound by these Terms of Trade.
If you need to contact a MySmile representative contact us on firstname.lastname@example.org. MySmile reserves the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. Any changes made to these Terms take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section.
Prices, Payment and Product Availability
Once an order has been made, you must pay the price stated on our website as being the purchase price for the relevant products (subject to the below paragraphs). It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide exchanges for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. We will not ship any ordered products until payment for those products have been received. Unless otherwise stated, the price of our products does not include shipping and handling costs.
By placing an order with us, you warrant and represent to us that:
- You understand the nature and effect of these Terms and agree to be bound by them;
- You are authorized and legally permitted to purchase the products being ordered;
- You are authorized and legally permitted to effect payment for the products being ordered using the payment method selected;
- The information provided to us in connection with your purchase is accurate and complete.
You agree to indemnify us against any and all expenses, losses, damages or costs that we may sustain or incur in connection with any breach by you of the above warranties.
MySmile will attempt to make the product and quantities advertised on this site available at all times. However this cannot always be guaranteed. MySmile does not make any warranties with respect to the availability of its products and will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as is reasonably possible when this occurs and advised on what to do to solve this problem. With the exception of those products purchased on a subscription basis, MySmile’s prices are subject to change without notice.
MySmile reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty, an incorrect price has been displayed, your billing or shipping information is incorrect, we have grounds to believe that you are not authorized or legally permitted to make the relevant purchase, we have grounds to believe that you have breached these Terms or any force majeure events have occurred.
Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.
We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price.
All promotions are subject to availability and while stocks last.
Any products purchased outside of the advertised time frame set out by MySmile will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on MySmile’s platforms.
Terms of Product Use
You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provide you with any entitlement or right to sell, license or distribute our products to third parties.
This site is solely an online store for oral/beauty products. This website is not a substitute for professional medical advice, however we do advise to consult your health care practitioner/dentist/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner can address any concerns, medical questions and queries regarding the possible treatment of any medical condition. MySmile does not, and is not, able to give or intend to provide any advice in connection with your medical related questions. This website does not replace any medical professional resource.
We do not represent ourselves as a doctor/physician and nor is this implied. Whiteness from this product will vary from customer to customer depending on factors such as the structure of one’s teeth, the number of times it is being used and the duration of time on each whitening session. Teeth whitening may not be uniform due to the difference in people’s teeth. MySmile is not liable to you for any undesired results. Whitening fades with time and a regular up keep is recommended in order to maintain white teeth. Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. By placing an order through MySmile you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.
IF YOU NEED MEDICAL ATTENTION, CALL YOUR DOCTOR IMMEDIATELY.
PEOPLE UNDER THE AGE OF 13, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS, PERIODONTAL DISEASE OR GUMS THAT ARE IN POOR CONDITION, OVERLY SENSITIVE TEETH, WEAR BRACES, HAD RECENT ORAL SURGERY, DECAYED TEETH, HAVE ROOTS EXPOSED, HAVE COLITIS, HAVE JAW PROBLEMS, OR ARE ALLERGIC TO ITEMS INSIDE THE GEL SHOULD CONSULT A RELEVANT MEDICAL PROFESSIONAL BEFORE USING THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the gel or product before using.
Shipping and Handling Information
All orders placed (other than those placed in peak periods) will be dispatched from our warehouse within 3 business days. In peak periods, please allow for up to 6 business days for dispatch.
Deliveries will be made to the
shipping address nominated by you and it is your sole responsibility to ensure
that the address provided is complete and accurate.
We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses. In the event that a product is lost in transit, MySmile will help as much as is reasonably necessary to trace a missing parcel.
Orders may end up being returned to us for various reasons including, non-payment of fees, duties or taxes, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will need to email email@example.com to arrange redelivery and will also have to pay for all postage costs.
Risk in the products purchased will pass to you once delivery has been made to your nominated address.
Please direct any shipping related inquiries to firstname.lastname@example.org.
Metro Manila: 1-3 Days
Outside Metro Manila (Luzon): 3-5 Days
Outside Metro Manila (Visayas/Mindanao): 5-7 Days
DHL Express: 2-4 Business Days
*All shipping times exclude clearance/customs delays and any other delays caused in circumstances that are outside of our control.
Please note that all shipping time frames are from the date of dispatch, not the date that your order is made.
Taxes, Fees and Duties
When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as well as other fees or assessments which may be assessed or levied by any national, State, or local government and any of their departments and subdivisions in relation to the ordered products. These charges are not included in the original shipping charge, and must be paid by you in addition to the amounts stated on our website. You will not be entitled to payment or reimbursement by MySmile for those charges.
If you are unsure of the charges and whether you will be affected, please contact your local customs office.
If you consider that an item is defective and you are entitled to a replacement, you must first email email@example.com and describe your problem.
Results will vary greatly from person to person, depending on the type of teeth or conditions of teeth/stains the user has. It may take a number of months to completely rid your teeth of tough stains. We here at MySmile are not able to exchange purchases unless the product is defective.
Subject to the below paragraph, MySmile will offer an exchange for defective items only if the defective product is returned to us, or you provide us with a video demonstrating (to our satisfaction) that the product is defective, within 30 days of your receipt of the same. We will review your claim as soon as we can and, if we are satisfied that your product is defective, we will provide you with a refund for the defective product.
If you elect to return the defective product to us, it is your responsibility to pay for shipping costs upon return. It is the user’s responsibility to be aware of this.
Limitation of Liability
To the maximum extent permitted by the applicable law:
- we do not make any warranties or representations other than those expressly set out in these Terms; and
- all terms, representations and warranties that may be excluded by law regarding our products and the provision of them are expressly excluded from these Terms.
If any legislation implies into these Terms any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under, that term or warranty, is deemed to be included in these Terms.
To the maximum extent permitted by the applicable law, we expressly exclude liability for any:
- indirect, special, incidental, or consequential loss or damage suffered by you which may arise in connection with these Terms, or the provision of our products, their use, or in respect of other equipment or property;
- loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third party service provider; and
- loss of profit, business, revenue, goodwill or anticipated savings.
If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:
- the supplying of our products again; or
- the payment of the cost of having the products supplied again.
To the maximum extent permitted by law, if for any reason we are directly or indirectly liable to you in respect of any products provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those products.
Unless otherwise specifically provided in these Terms, a party to these Terms must not commence court proceedings, save for proceedings seeking interlocutory relief, in respect of a dispute arising out of these Terms unless it has complied with the provisions of the below dispute resolution process.
A party must give the other a notice (dispute notice) setting out:
- what the party considers is in dispute; and
- what that party requires to be done to resolve the dispute and the grounds it has for those requirements.
If the dispute is not resolved within five (5) business days of delivery of the dispute notice, the parties must, within two (2) business days, appoint a mediator approved by both parties or a mediator. The parties must ensure that the mediation is held and concluded within 15 days of the appointment of the mediator.
Evidence of anything said or done in the course of attempting to settle a dispute is not admissible in any subsequent proceedings.
During the dispute resolution process the parties must continue to act in accordance with these Terms.
If the dispute is not resolved by mediation within 30 days of the delivery of the dispute notice then either party may terminate the mediation.
Costs associated with the appointment of a mediator shall be borne equally between the parties to the dispute.
Subject to the above paragraph, each party must pay its own legal costs and disbursements connected with the dispute.
Except to the extent owned by our suppliers or licensors, we own all Intellectual Property Rights subsisting in our website, our products and our branding. Nothing in these Terms or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights.
We reserve all rights, title and interests in our Intellectual Property Rights.
For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, copyright and neighbouring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.
With the exception of those terms provided on our website, these Terms contain the entire agreement between the parties hereto and no representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document or subsequent to the date hereof in writing and signed by a proper and duly authorized representative of the party to be bound thereby.
If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
These Terms are governed by and is to be construed in accordance with the law applicable in the Philippines.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the Philippines and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given. You must not assign your rights or obligations pursuant to these Terms to any other person without our prior written consent.