Legal notice


Smileway Investments (Pty) Ltd t/a Smileshop

Last updated: 12 August 2026

This Legal Notice sets out the information required to be disclosed under section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and governs your access to and use of this website. By accessing or using this website, or by placing an order, you accept this notice.

This notice must be read together with our Terms of Service, Return and Cancellation Policy, Shipping Policy and Privacy Policy. Where this notice conflicts with the Terms of Service in relation to a sale of goods, the Terms of Service prevail.



1. Website operator
Legal name Smileway Investments (Pty) Ltd
Trading as Smileshop
Legal status Private company registered in the Republic of South Africa
Company registration number 2022/639097/07
VAT registration number 4440314583
Place of registration Republic of South Africa



2. Contact details

Physical and business address 1 Park Road, Birnam, Johannesburg, 2196, South Africa

Fulfilment address 3 Carnation Street, Floracliffe, Roodepoort, [POSTAL CODE], South Africa

Address for legal service of documents (domicilium citandi et executandi) 1 Park Road, Birnam, Johannesburg, [POSTAL CODE], South Africa

Email: shop@smileway.co.za Telephone: 011 100 0956 Website: www.shop.smileway.co.za

 


3. Nature of business and who we supply

Smileshop supplies orthodontic and dental products and consumables for professional clinical use.

Our products are supplied exclusively to:

  • persons registered with the Health Professions Council of South Africa (HPCSA) or the South African Dental Technicians Council, and
  • practices, laboratories, institutions and entities purchasing on behalf of such registered persons,

for use by, or under the direct supervision of, a registered practitioner.

We do not supply to members of the public and our products are not intended for self-application or use by unregistered persons. By placing an order you warrant that you fall within the categories above and that you are authorised to bind the purchasing entity.

We reserve the right to require proof of professional registration before accepting or fulfilling any order, and to decline or cancel any order where that proof is not provided to our satisfaction.

Descriptions of goods, prices, delivery timeframes and payment terms appear on the relevant product and checkout pages and in our Terms of Service and Shipping Policy.

 


4. Relationship with TP Orthodontics Inc

Smileshop is the authorised sole distributor for TP Orthodontics Inc in Africa.

TP Orthodontics Inc is a separate and independent business. Smileshop acts as a distributor only. Smileshop does not design, manufacture, assemble, sterilise, test or clinically validate any TP Orthodontics product, and does not control the specifications, materials, labelling or instructions for use issued by TP Orthodontics Inc.

Products are supplied in the manufacturer's original, unopened packaging, in the condition in which we receive them.

References to TP Orthodontics Inc and its product names are made for identification purposes. All such trade marks remain the property of their respective owners.

 


5. Regulatory status and professional bodies

Medical device establishment licence: 

  • Smileway Investments (Pty) Ltd has applied to the South African Health Products Regulatory Authority (SAHPRA) for a medical device establishment licence. Submitted June 2026. Pending the outcome of that application we operate in accordance with authorisation arrangement.

Consumer protection We subscribe to the requirements of the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

 


6. Products, clinical responsibility and liability

Please read this clause carefully. It limits our obligations and liability to you and requires you to indemnify us in certain circumstances.

6.1 Distributor role. Smileshop supplies products as a distributor. We are not the manufacturer and we give no representation regarding the design, composition, manufacture or clinical performance of any product.

6.2 Information only. Product information on this website, including specifications, images, indications and technical data, is reproduced from manufacturer materials in good faith and is provided for general information. It may change without notice and does not constitute clinical, professional, diagnostic, treatment or purchasing advice.

6.3 Clinical responsibility. The purchasing or treating practitioner is solely responsible for:

  • patient assessment, diagnosis and treatment planning;
  • selecting a product and confirming its suitability for the intended clinical application;
  • clinical technique, application, adjustment and aftercare;
  • obtaining informed consent from the patient;
  • storage, handling, sterilisation where applicable, and stock rotation after delivery;
  • reading and complying with the manufacturer's instructions for use, indications, contraindications and warnings; and
  • compliance with all applicable HPCSA rules, ethical guidelines and standards of care.

Smileshop provides no clinical advice, no treatment recommendation and no representation or warranty as to any clinical outcome.

6.4 Off-label and modified use. Any use of a product outside its stated indications, or any modification, re-sterilisation or re-use of a single-use product, is undertaken entirely at the practitioner's own risk and responsibility.

6.5 Manufacturer warranties. Warranties in respect of products are those given by the manufacturer. We pass through the benefit of manufacturer warranties to you to the extent that we are permitted to do so and to the extent that they are transferable. Save for the statutory warranties described in clause 6.6, Smileshop gives no independent warranty, express or implied, in respect of any product.

6.6 Statutory rights preserved. Where the Consumer Protection Act 68 of 2008 applies to a transaction, you retain the rights conferred by that Act, including the implied warranty of quality under section 56 and the right to safe, good quality goods under section 55.

6.7 Limitation of liability. To the maximum extent permitted by law, and subject always to clause 6.9:

  • our total aggregate liability arising out of or in connection with any product, whether in contract, delict or otherwise, is limited to the amount actually paid by you for that product; and
  • we are not liable for any indirect, special, incidental, consequential or pure economic loss, including loss of profit, loss of practice income, loss of goodwill, cost of remedial or replacement treatment, or reputational harm.

6.8 Indemnity. You indemnify Smileshop, its directors, employees and agents, and hold them harmless, against any claim, demand, action, loss, damage, penalty, cost or expense (including reasonable legal costs) arising from or connected to:

  • your clinical use or application of any product;
  • your failure to store, handle, sterilise or dispose of any product in accordance with the manufacturer's instructions;
  • any use of a product outside its stated indications, or any modification, re-sterilisation or re-use of a single-use product;
  • your onward supply, resale or distribution of any product;
  • any breach by you of the warranty in clause 3 regarding professional registration; or
  • any act or omission by you, your employees, associates or contractors.

6.9 Rights that cannot be excluded. Nothing in this notice excludes, limits or attempts to exclude or limit any liability or right that cannot lawfully be excluded or limited, including liability under section 61 of the Consumer Protection Act 68 of 2008 for harm caused by supplying unsafe goods, a product failure, defect or hazard, or inadequate instructions or warnings. Where any part of this clause 6 is found to be unenforceable, the remainder continues to apply.

 


7. Product safety, recalls and adverse events

If you become aware of a product defect, failure, hazard or adverse event involving any product supplied by us, you must notify us in writing at shop@smileway.co.za as soon as reasonably possible, and in any event within 48 hours of becoming aware of it.

You must retain the affected product, its packaging and all batch or lot identifiers, and make them available to us on request.

You agree to cooperate with us, with the manufacturer and with SAHPRA in any recall, field safety corrective action, quarantine or investigation, and to assist us in identifying affected patients where a recall requires it.

Nothing in this notice limits your own reporting obligations to the HPCSA, SAHPRA or any other regulator.

 


8. Ordering, payment and security

Orders are placed and accepted in accordance with our Terms of Service. Prices are displayed in South African Rand and are inclusive of VAT unless stated otherwise on the relevant page.

Payment is processed by Yoco, an independent third party payment service provider. Card and payment data is transmitted over an encrypted connection and is handled by that provider. Smileshop does not store full card details on its systems.

Delivery timeframes, shipping charges and risk of loss are dealt with in our Shipping Policy.

 


9. Cooling off, returns and cancellations

Where section 44 of ECTA applies, a consumer who is a natural person may cancel an electronic transaction without reason and without penalty within seven days of receipt of the goods, subject to the exclusions in that section. The consumer is responsible for the direct cost of returning the goods.

Section 44 does not apply to goods that, by reason of their nature, cannot be returned, are liable to deteriorate or expire quickly, or have been unsealed where the product is supplied sterile or as a single-use item.

Returns, exchanges, refunds and cancellations, including in respect of defective goods, are dealt with in our Return and Cancellation Policy.

 


10. Complaints and dispute resolution

We would like the opportunity to resolve any complaint directly. Please contact us at shop@smileway.co.za, marked for the attention of Chris Kerr-Peterson, setting out the nature of your complaint and your order reference. We aim to acknowledge complaints within 14 business days.

If a complaint is not resolved to your satisfaction, you may refer the matter to:

The National Consumer Commission Website: www.thencc.gov.za Telephone: 012 065 1940 / 012 761 3200 Email: complaints@thencc.org.za

The Consumer Goods and Services Ombud (where applicable) Website: www.cgso.org.za Telephone: 0860 000 272 Email: complaints@cgso.org.za

Referral to a dispute resolution body does not affect your right to approach a court of competent jurisdiction.

 


11. Intellectual property

All content on this website, including text, graphics, logos, product images, page layout, source code and the "Smileshop" name and marks, is the property of Smileway Investments (Pty) Ltd or its licensors and is protected by South African and international intellectual property law.

You may not copy, reproduce, republish, distribute, modify, frame, scrape or use any content from this website for any commercial purpose without our prior written permission. Nothing on this website grants any licence or right to use any trade mark without our written consent or that of the relevant owner.

 


12. Website availability and disclaimer

While we take reasonable care to ensure that this website and its content are accurate and available, we do not warrant that the website will be uninterrupted, timeous, error-free, secure, or free of viruses or other harmful components. Use of this website is at your own risk.

We may suspend, withdraw or restrict access to all or part of this website without notice.

Any liability arising from your use of this website is subject to the limitations in clause 6.7 and the savings in clause 6.9.

 


13. External links

This website may contain links to third party websites, including the website of TP Orthodontics Inc. These links are provided for convenience only. We have no control over the content of those websites, do not endorse them, and accept no responsibility for them or for any loss or damage arising from your use of them.

 


14. Privacy and data protection

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Full details of how we collect, use, share, secure and retain personal information are set out in our Privacy Policy, available at shop.smileway.co.za.

Information Officer: Chris Kerr-Peterson Email: chris@smileway.co.za

Our PAIA manual, prepared in terms of the Promotion of Access to Information Act 2 of 2000, is available at shop.smileway.co.za or on request from the Information Officer.

 


15. Related policies

Your use of this website and any purchase from us is also subject to the following, which form part of your agreement with us:

  • Terms of Service
  • Return and Cancellation Policy
  • Shipping Policy
  • Privacy Policy

 


16. Changes to this notice

We may update this notice from time to time. The version in force at the time you place an order applies to that order. The date at the top of this page reflects the date of the most recent update.

 


17. Severability

If any provision of this notice is found to be invalid, unlawful or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force.

 


18. Governing law and jurisdiction

This Legal Notice and your use of this website are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 45 of the Magistrates' Courts Act 32 of 1944, without prejudice to our right to institute proceedings in any other court of competent jurisdiction.

 


19. Contact

Smileway Investments (Pty) Ltd t/a Smileshop 1 Park Road, Birnam, Johannesburg Email: shop@smileway.co.za Telephone: 011 100 0956