Terms and Conditions

Bling Smile General Terms and Conditions

  1. Definitions

The parties to these terms are:

(a) Celebrity Smile Pty Ltd t/as Bling Smile (ACN 626 226 800) of referred to as ‘us’ ‘our’ or ‘Bling Smile’; and
(b) The customer who acquires our goods who is referred to as “you” and “your”.
 

Goods means:

Bling Smile products

 

  1. Application

These terms and conditions apply to all goods that we provide unless we agree otherwise in writing

 

  1. Customer Contracts 
(a) Where we agree to provide you with goods, your customer contract with us is made up of:
 
(i) Your online order form as recorded by us; and
(ii) These terms.
 
(b) Full payment of the goods is to be made at the time of order by Visa, Master Card or Pay Pal.
 
(c) Any variation of the customer contract must be in writing and approved by us before the variation is deemed effective.

 

  1. Final Sale, Delivery, Claims and Returns
(a) You acknowledge that we will not refund you if you change your mind after the sale is final.
(b) All delivery and freight charges are payable by you, unless agreed otherwise in writing.
(c) Any dates specified for delivery of any goods to you, are estimated dates only and we will not be liable for any damage or loss which you may suffer as a result of the delivery being delayed beyond such dates for whatever reason whatsoever.
(d) Upon the delivery of the goods, you must inspect the goods immediately and report any damage to the delivery driver and us. If you fail to report the damage upon delivery to the delivery driver, you may void any freight insurance which covers the damage.
(e) Acceptance of the goods delivered to you, pursuant to these Terms and Conditions, will be deemed for all purposes to have taken place at the expiration of 7 days from the date of delivery.
(f) No goods will be accepted for return, if the return of the goods is not in accordance with our return policy. You will be liable for all costs associated with having the goods returned to us.
(g) We will accept returns if the product is faulty, if the product is returned within 7 days of delivery in the original packaging with all products, original manuals and instructions and accessories. Before returning the product, we require you to email info@myblingsmile.comoutlining the fault.
(h) No goods will be accepted for return after the expiration of the time specified in Clause 4 (e) from the date of delivery or to the extent permitted by law.

 

  1. Liability, Indemnities and Warranties
 
(a) To the extent permitted by law we will supply goods of an ‘acceptable quality’.
(b) Except for any express warranties in a customer contract, to the extent permitted by law we disclaim all express and implied warranties in relation to goods, services or a customer contract.
(c) In the case of any breach of a customer contract or any negligence for which we are responsible, or a breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall be included), our liability to you will be limited, at our opinion, to:
(i.) The replacement of any goods involved or the supply of equivalent goods;
(ii.) The repair of such goods;
(iii.) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv.) The payment cost of having the goods repaired.
(d) In no circumstances are we liable for any indirect, secondary or consequential loss (including among other things, loss of profits, loss of business, loss of bargain, loss of income) that you or anyone else may suffer.
(e) For all other liability we may be liable for, our liability will not exceed the total of any tax invoice that you have paid to us that relates to such liability arising.
(f) You indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:
i. Any act or omission by you;
ii. Any breach of any law by you;
iii. Any breach of a customer contract, by your or anyone else receiving the goods or the benefit of them.
 
6. Whitening Process
 
(a) Results of whitening may vary from customer to customer. Other than the guarantee stated in our guarantee policy on our website, we make no representations in relation to the level of whiteness of teeth which can be achieved from the goods.
(b) Fillings, implants, crowns and bridges will not change colour with the goods.

 

  1. Substitution and Repairs 

            We reserve the right to: 

(a) Substitute goods with ones that are of a similar quality where goods that you order are not available- in which case we will advise you of this; or
(b) Vary the design of the goods at our absolute discretion to provide for the required purpose.

 

  1. Cancellation
(a) You acknowledge and agree that if you cancel a customer contract, we may suffer loss and damage and we reserve our rights to recover such loss and damage from you. In the even that we have suffered loss and damage, you agree to release us any monies you have paid us as compensation towards such loss and damage without prejudice to any of our rights.
(b) We may end a customer contract at any time if we are unable to perform our obligations under a customer contract due to a breach by any of our suppliers or an event of force majeure.
(c) If a customer contract is cancelled by you or ended by us in accordance with clause 8, we reserve the right to charge you the freight costs for the delivery and return of goods

 

  1. Representations and Entire Agreement 
(a) These Terms and Conditions contain the whole agreement between us, unless agreed otherwise in writing. We both agree that neither of us is entitled to rely on any warranty or statement in relation to:
(i) These terms; and
(ii) Any goods provided under these terms
To the fullest extent permitted by law.
(b) Without limiting clause 5, you warrant that you have not:
(i) Relied on any representation made by us which has not been stated expressly in these Terms and Conditions, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us.
(ii) Any advice, recommendations, information or services provided by us, our employees, servants or agents regarding the goods and the use of the goods will not be construed as contractual guarantees, conditions or warranties.

 

  1. Force Majeure 
(a) We are not responsible for the consequences of force majeure.
(b) For the purpose of this clause force majeure is an event or circumstance beyond our control.
 
  1. GST           
(a) Except where the express provision is made to the contrary, the consideration payable by the customer under these Terms and Conditions represents the value of any taxable supply for which payment is to be made.
(b) Amounts payable under or in respect of a taxable supply made by us are GST exclusive.
(c) Subject to us supplying you with a valid tax invoice, if we make a taxable supply for consideration, which represents its value, then you will pay, at the same time and in the same manner as the value is otherwise payable the amount of any GST payable in respect of the taxable supply.
(d) Subject to us supplying you with a valid tax invoice, if this agreement requires you to pay reimburse or contribute to an amount paid or payable by us in respect of an acquisition of a taxable supply form a third party, the amount required to be paid, reimbursed or contributed by you will be the value of the acquisition by us less any input tax credit to which we are entitled plus, if our recovery from you is a taxable supply, any GST payable under clause 11.
(e) For the purpose of this clause 11;
(i) GST means GST within the meaning of the GST Act; and
(ii) A new Tax System (Goods and Services Tax) Act 1999 (as amended).

 

  1. Assignment   
(a) You may not transfer your rights or obligations under a customer contract to or share there with anyone without prior written consent;
(b) We may transfer our rights or obligations under these Terms and Conditions or share them with anyone without notice to you. 

  1. Intellectual Property Rights
(a) You may not use any of our intellectual property including our photographs, logo or trademarks without our written consent.
(b) Where we allow you to use our intellectual property, we may revoke that consent at any time. Where we do, you must immediately cease using our intellectual property.
 
  1. Variations

We may vary these Terms and Conditions from time to time without notice to you. It is important that you regularly review the most up to date version of these Terms and Conditions.

 

  1. Severance

If any provision in these Terms and Conditions is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.

 

  1. Jurisdiction

These Terms and Conditions and any customer contract are governed by the laws of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.