These terms and conditions of use (the “terms”) set forth the terms on which Smilez Studio Inc. (“Smilez Studio”) provides you access to this web site (“Site”). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately ceases use of this site.
DISCLAIMER
You expressly acknowledge that your use of this site is at your sole risk. Smilez Studio is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Smilez Studio disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Smilez Studio does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Smilez Studio nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Smilez Studio also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Smilez Studio, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Smilez Studio, Inc.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Smilez Studio. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Smilez Studio Inc.’s copyright and other proprietary rights.
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Smilez Studio or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Smilez Studio is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Smilez Studio and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Smilez Studio and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
SITE CONTENTS
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Smilez Studio and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Smilez Studio is not responsible for webcasting or any other form of transmission received from any Linked Site. Smilez Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smilez Studio of the Linked Site or any association with its operators.
SHOPPING
Smilez Studio does not guarantee, warrant or endorse any product or service not manufactured or performed by Smilez Studio, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Smilez Studio. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Smilez Studio.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Smilez Studio reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Upon submission of your order, you will receive a confirmation of receipt by email however, until you receive a shipping confirmation or, in the alternative, until the Products ordered are actually shipped.
Prior to sending such shipping confirmation, the COMPANY reserves the right to reject an order based on lack or limitation of availability of Products ordered.
ORDER PROCESSING
Orders placed on smilezstudio.com are processed Monday–Friday 8:00am - 3:00pm PST and shipped within 3-7 business days. Excluding the weekend and major holidays. Once your order is processed and shipped, you will receive an email notification with your tracking information.
Disclaimer: Cancellation and address modification requests for orders placed on Friday-Sunday or non-business days will not be accepted.
NO PURCHASE FOR RESALE
You may place orders in our Online Shop only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities. By ordering merchandise, you agree that you are purchasing for personal use and not for resale. We reserve the right to refuse any orders without warning or explanation.
BULK PURCHASING
For orders purchased in bulk, Smilez Studio reserves the right to refuse cancellation and return requests.
COLOR
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
ORDER CANCELLATIONS
By clicking the button "Pay Now" you submit a legally binding offer. After clicking “Pay Now”, your order will be submitted and you will no longer be able to cancel or change your order.
After the submission of your order, you will receive an email confirmation. The order that you submit to us does not become binding upon Smilez Studio, however, until you receive a shipping confirmation or, until the products ordered are shipped. Prior to sending your shipping confirmation, Smilez Studio reserves the right to reject an order based on lack or limitation of availability of products ordered.
DELIVERY/ PARTIAL DELIVERIES
Smilez Studio shall use its reasonable efforts to deliver the products to you by the agreed upon date, however, time shall not be of the essence. Except in cases of willful misconduct or gross negligence, we shall not be liable to you for delays in delivery or damage to the products while in transit. Smilez Studio may, within its discretion cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.
We are entitled to make partial deliveries of products ordered.
RETURNS
If for any reason you are not satisfied with your purchase, you have 30 days from the receipt of your order to request a refund. To initiate the refund process, please email us at returns@smilezstudio.com with "Refund Request" and your order number in the subject line. We would also appreciate knowing the reason for your return for internal use and improvement; this will not affect the refund process. Once your refund request is placed, please allow 3-5 business days for inspection. Refunds will be issued within 10 business days, though they may appear as pending for up to 2 business days. No need to return the product, as we strive to make the process as hassle-free as possible. If you have any questions, please contact our support team at support@smilezstudio.com.
If abuse of returns is identified, Smilez Studio reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision.
PRIVACY
Smilez Studio agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.
INDEMNIFICATION
You agree to defend, indemnify and hold Smilez Studio harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Orange County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smilez Studio as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smilez Studio with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smilez Studio with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMINATION
Smilez Studio reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
SHIPPING
Lost or Stolen Packages: Smilez Studio is not responsible for any lost or stolen shipments confirmed delivered by the courier. We advise you contact your payment provider. If your package does not arrive, please contact our customer service.
SPLIT DELIVERY
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order.
INTERNATIONAL DUTIES AND TAXES
Customers in EU countries will not need to pay additional taxes or VAT upon delivery.
For customers in countries outside the EU, import duties or taxes may be charged upon receiving the package. These additional charges are the responsibility of the customer. We strive to be transparent about these potential extra charges to avoid any surprises. Please check with your local customs office for more information on import duties and taxes applicable to your region. If you have any questions, please contact our support team at support@smilezstudio.com.
PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES
Smilez Studio, Inc. reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.