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 teeth 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. Helios Smiles is not liable for any of the complications that result of its use.
Our products are recommended to be used in accordance to the instructions provided. Any other purpose you use it for is not our fault and Helios Smiles will not be blamed for the potential concequences. Helios Smiles is not liable for any harm that comes from product use.
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. Helios Smiles is not liable for any health or medical complications that occurr as a concequence of product use by customers. Helios Smiles is not liable for any costs for health or medical services that are needed or wanted by the customer before or after using Helios Smiles products.
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.
If the same discount code, a discount for 99% or 100%, is applied to any product for multiple quantities, Helios Smiles will fulfill only one quantity of one product (not multiple quantities of the same product). The customer is not eligible for a refund if this was not known prior to purchasing.
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.
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 not be refunded.
Shipping & Handling
Orders are dispatched within 60 business days. In sale periods, please allow up to 60 business days for dispatch.
The provided shipping address is where your orders will be delivered to. Any parcel sent to an inaccurate 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 (or incomplete address), unclaimed at post office, you will need to email firstname.lastname@example.org. Once your message has been received we can process a redelivery and you will be responsible to pay for all additional postage costs. Helios Smiles is not obligated to provide the customer a refund under any of these listed circumstances.
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 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 3 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 or los 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.
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 Post: Up to 9 Days after recieving
United States of America:
Canada Post: Up to 14 Days recieving
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.
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.
- 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 email@example.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.
- 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.
- 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 firstname.lastname@example.org
Returns and Refunds
To protect you and ensure that all returns and exchanges are handled fairly, Helios Smiles may reimburse you in the following case:
- 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.
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 in inferior quality.
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. However if the wrong product or wrong quantity of product(s) are recieved by the customer, the customer will not qualify for a return or refund.
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 email@example.com with full description of the problem.
You will be required to provide us with a video demonstrating that the product is in inferior quality (along with photos), within 30 days of your receipt and a partial or full refund will be provided only if Canada Post approves a reimbursement.
Refunds will not occur unless product(s) in inferior quality is/are received by the customer. Helios Smiles is not responsible for damages that occur from shipping and delivery by the courier, thus Helios Smiles will not be responsible for a refund. If the item is defective due to courier mishandelments, Helios Smiles will not assume any liability. If Helios Smiles products do not work as desired, Helios Smiles will not refund your purchase. There is no guarentee to any teeth whitening results.
Subject to the below paragraph, Helios Smiles will offer a refund for products/items in inferior quality only if the products/items in inferior quality are returned to us and unused. We will review your claim as soon as we can and, if Helios Smiles is satisfied that your products/items in inferior quality once returned (with compelling photo and video evidence), we will provide you with a refund for the 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.
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.
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.
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 firstname.lastname@example.org 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.
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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Toronto, Ontario before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Helios Smiles’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.