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Terms and conditions

Terms of Service

By accepting the delivery of your products as describe in your order invoice or any of our other documentation, the customer aggressive to be bound by and accepts these terms and conditions, unless the customer and Helios Smiles have signed a separate document. If there is a separate document, then it will govern.  

The terms and conditions of sales bind the customer and Helios Smiles. The customer accepts the terms and conditions when making a purchase from Helios Smiles.

 

Terms of Products Use

We do not substitute as professional medical advisers. Helios Smiles is only an online store for beauty/oral products. However, we do advise you to contact your dentist, doctor, health care practitioner, before making any purchase from us. Your concerns, medical questions, will be answered by them in a more satisfactory way. We will not give or intend to provide any advice in connection to your medical related questions. We also do not represent the place to get medical resources.

To get the whiteness from our product, there are some factors such as teeth structure, the number of times it is being used and the duration of time on each whitening session. Similar result won't be gotten per person due to the uniform difference in people's teeth. With time whitening fades. We recommend a regular upkeep to retain white teeth. Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. By placing an order through Helios Smiles you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.

Our products must be used in accordance to the instructions provided. Any other purpose you use it for is not our fault and we will not be blamed. You are not entitled or have any right to license, distribute, or sell our products to third parties.

 

For Medical Help

If you need medical attention Call 911 in Canada or your health care practitioner.

If you are under 18, pregnant, have periodontal disease or gums that are in poor condition, have health problems, have overly sensitive teeth, wear braces, have decaying teeth, have had recent oral surgery, exposed roots, have jaw problems, have colitis, or have allergies to items inside the gel we advise you not to use our product. Before using any of our products, make sure you seek medical advice from medical professionals. It remains the user’s responsibility to ensure you are not allergic to any of the ingredients inside the gel or any other products we offer. Make sure to ascertain this before use.

 

Prices, Payments and Product Availability

The slated price of any order of our products from our website is the price to be paid. Before a purchase is finalized we will confirm all that is in your cart. After it has been finalized we will not be held accountable for any mistake made during the purchase, and no refunds will be given if the fault isn't ours.

All orders must be paid for before shipping, until the payment has been confirmed your products won't be shipped. After the payment confirmation, the shipping fee and handling costs will be paid separately. They are not included in the price of our products, unless it is stated prior to purchase confirmation.

 

Payments

Once an order has been placed we believe the following must have occurred:

  • The provided information for the completion of your order is correct and accurate.
  • You’re are legally permitted to purchase and use the product you have ordered
  • No blame will be put on us for any expense, damage, or incurred cost that you sustain without our fault.
  • You are legally permitted and authorized to use the method of payments we offer.

 

Product availability

All our products and quantities stated on our website are accurate and we will attempt to always restock every time, except we face challenges that make this impossible.

We will not be held accountable for any product that is not available on our website at the time of checkout. We do not make any warranties with respect to the availability of products. As soon as we can, you will be contacted on what to do to solve the problem. However, there is an exception to this based on products purchased on a subscription basis.

Termination and cancellation of orders are rights we can carry out any time we face technical difficulties, display of incorrect price, incorrect billing or shipping information, information reaching us that you are not legally permitted or authorized to purchase certain products, a breach in the terms and conditions.

We will contact you if any of these occurs and any payment already received by us will be refunded.

 

Shipping & Handling

Orders are dispatched within 3 business days. In sale periods, please allow up to 6 business days for dispatch.

The provided shipping address is where your orders will be delivered to. Any parcel sent to an incorrect address is the sole responsibility of the customer. Once an order has been processed we can't make changes to the address or change the course of the parcel. We will also make no refunds or send another parcel.

If a parcel is returned to us for reasons, such as non-payment of fees, duties or taxes, incorrect address, unclaimed at post office, you will need to email help@heliossmiles.com. Once your message has been received we will process a redelivery and may be responsible to pay for all postage costs.

If your parcel is delayed, lost or damaged, this is not our responsibility. Contact the carrier or local authorities. However, if your product has been delivered you must inspect them for any shortage or quality issues. You will be deemed to have accepted the products upon delivery and waived the right to make any claim unless you notify us in writing within 7 days of receiving the products. However, if you received more products than you ordered, you must contact us and return it to us. We will bear the shipping cost.

All delivery times quoted to you is indicative only. Products may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third-party.

We will not be responsible in any way for risks in the product once they are delivered to you. We won't offer a refund or send you a new parcel.

 

Shipping Timeframes

All shipping times exclude clearance/customs delays and any other delays caused in circumstances that are outside of our control, such as war, terrorism, weather, and so on. 

The shipping time frames are from the dispatched date and not the ordered date.

Canada:

Canada Post Expedited Parcel: 1-7 Business Days

Canada Post Xpresspost: 1-3 Business Days

 

Canada Post Priority: 1-3 Business Days

 

 

Taxes, Fees & Duties

Before or after the delivery of your parcel, 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, as well as departments and subdivisions in relation to the ordered products.

There is no inclusion of these charges in the shipping charge. They're to be paid by you, plus the amount stated on our website during the purchase. We will offer no reimbursement for these charges. In the event that the items are returned to us due to your failure to pay the charges, we will offer you a refund but with exclusion of the original delivery costs. However, if the item is rejected by you, we will not give a refund or send another item. 

 

Subscriptions

We offer a subscription service that allows you to purchase a new set of your chosen Helios Smiles products to be delivered to your door. It is based on the interval provided at the time of purchase on our website.

If you purchase a subscription, then you must agree to pay an initial and recurring subscription fee at the subscription rate we provided at the time of purchasing the subscription. Until the cancellation of your subscription, you agree to pay all recurring charges. The nominated account is where the subscription payment will be deducted from automatically. The product will be sent the moment the payment is successful.

You can cancel your subscription any time, but it must be in accordance with the terms of our cancellation policy.

You must ensure that there are sufficient funds in the nominated account that will cover the subscription payment during each billing period. For any loss or damage suffered by us in connection to you not paying the subscription fee, you will reimburse us.

If payment for any product is overdue. We might suspend or cancel your subscription until you pay.

  1. a) Cancellation of Subscription

Whenever you wish to cancel your subscription you can do it on the account portal of our website or you can email us subscriptions@heliossmiles.com with the email address used to sign up and your full name. Our subscription specialist will assist you with this.  Changes to your account will take place from the time Helios Smiles confirms a written correspondence to you.  It might take three business days for your subscription to be cancelled. 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.

  1. b) Subscription Frequency and Change

Whenever you want, you can change your subscription frequency to one, two, or three months by visiting our website account portal. If you want to change your account you can do that by emailing us.

  1. c) Changing of Subscription Products

You can change the products you're receiving in your subscription on our website account portal any time.

The addition or removal of items may affect the subscription fee payable. To do this, simply email subscriptions@heliossmiles.com

 

Returns and Refunds

To protect you and ensure that all returns and exchanges are handled fairly, Helios Smiles can reimburse you in the following cases:

  • The wrong item was obtained in terms of size, color or model (email photo proof required).
  • The item arrived in inferior quality (email photo evidence is required). 

If the returned items do not qualify for a refund or return and we wish to have these returned to you, we may request that you cover the delivery cost. Please visit our Returns Policy page.

Our return varies depending on the conditions of the teeth/stains and the type of teeth. It may take a number of months to completely rid your teeth of tough stains. Helios Smiles will offer no refund for Teeth Whitening Kit purchases unless the product is defective. 

If you have received the wrong products, or any item is damaged, please contact us within 30 days from the receipt of the goods. A full detailed description of the problem or damage, photos of the products received or damages as well as your name, contact number or email and order number. This will help us determine how best to resolve your problem.

If you qualify for a return you will also receive full refund, exclusive of return postage. The customer is responsible for change-of-mind purchases and are non-refundable.

If you consider that an item is defective and you are entitled to a replacement or a refund, you must first email help@heliossmiles.com with full description of the problem.

You will be required to provide us with a video demonstrating (to our satisfaction) that the product is defective, within 30 days of your receipt of the same and a replacement will be provided.

Refunds will not occur unless defective product(s) is received by the customer. Helios Smiles is not responsible for damages that occur from shipping and delivery by the courier, thus we will not be responsible for a refund. If the item is defective due to courier mishandelments, we will not assume an liability. If our products do not work as desired, we will not refund your purchase. There is no guarentee to any whitening results.

Subject to the below paragraph, Helios Smiles will offer a refund for defective items only if the defective product is returned to us and unused. We will review your claim as soon as we can and, if we are satisfied that your product is defective once returned, we will provide you with a refund for the defective product.

  

 Limitation of Liability

Helios Smiles will not be liable for lost profits, loss of business or any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third parties.

Helios Smiles will not be liable for products not being available for use or lost.
Helios Smiles will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, severe weather conditions, delays due to fire, failure of power, acts of war, terrorism, labor problems, general insurrection, acts of God or acts of any government or agency. Anticipated deliveries dates are based upon manufacturer supplied information and are subject to change; therefore any shipping dates provided by Helios Smile are estimates only.

 

Dispute Resolution

There shall be no 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 is considered a dispute by the party.
  • What is required by the party to be done to resolve the dispute and the grounds it has for those requirements.

A situation where the dispute is not resolved within five (5) business days of the delivery of the dispute notice, the parties must, within two (2) business days, appoint a mediator approved by both parties or a mediator appointed by the President of the Queensland Law Society. Both 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.

The party must continue to act in accordance with these terms during the dispute resolution process. 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.

The 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.

If any legislation implies into the terms 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 extent allowed by the applicable law, we expressly exclude liability for any:

  • indirect, consequential loss, special, incidental, 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;
  • Damage, loss or expense that you may suffer or incur as a consequence of any act or omission of any third-party service provider.
  • Loss of business, profits, Goodwill, revenue, or anticipated savings.

If any law or legislation imply into these term or warranty and also prohibits the provisions in a contract excluding the application or exercise of that term or warranty 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:

  • Supply of our products again
  • Payment of the cost of having the products supplied again.

By the 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. 

 

Intellectual Property

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Store.  You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.  No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission.  All rights not expressly granted herein are reserved.  Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

 

 Conflict of Interest

Those we are in partnership with us are profiting from our products and subscriptions sold to our patients, customers and/or others who purchase products from our website that are associated with our partners.

Bulk Purchases 

We will ensure the quality of any products delivered in bulk to the business the chooses to sell our products. The products sold must be sold at the same price offered on our website. Shipping is free for bulk orders anywhere in Canada. Please contact team@heliossmiles.com for a custom offer.

Product Design Changes 

We often change our product design (i.e logo colour changes and other minor structural changes to our products). This is normal and does not warrant a refund. 

General

These Conditions will supersede any terms and/or conditions you include with any purchase order and ordering notes, regardless of whether we sign them or not.  We reserve the right to make changes to this site and these Conditions at any time.

Our terms are construed in accordance with the law applicable in Toronto, Canada.

Each part submits to the exclusive jurisdiction of the courts of Toronto, Canada and any courts which may hear appeals from those courts. This will be in respect of the specific instances to which it relates and for the specific purpose for which it is given.

If we delay or fail to exercise a power or right does not mean it must be perceived as a waiver of the power or right. It does not preclude it as the exercise of any other power or right, or its exercise in the future. 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.

Pursuant of your rights or obligations cannot be assigned to these Terms or to any other person without our prior written consent.