Terms of Service

Effective date: 24 July 2026

Overview

This website is operated by Smileshop ("Smileshop", "we", "us", or "our"). Throughout the site, the terms "we", "us", and "our" refer to Smileshop. Smileshop offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms, conditions, and policies referenced herein and available by hyperlink. These Terms apply to all users of the site, including browsers, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms of this agreement, you may not access the website or use any Service.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Online store terms

By agreeing to these Terms, you confirm that you are at least the age of majority in South Africa (18 years), or that you are the age of majority and have given us your consent to allow any minor dependants to use this site.

Our products are professional dental and orthodontic products. You confirm that you are a registered dental or orthodontic professional, act on behalf of a registered practice, or are purchasing for use by or under the supervision of a suitably qualified professional. You may not use our products for any unlawful purpose, and you agree to use them only for their intended clinical purpose and in accordance with applicable professional and regulatory standards.

You may not transmit any worms, viruses, or code of a destructive nature. A breach of any of the Terms will result in immediate termination of your Services.

2. General conditions

We reserve the right to refuse Service to anyone for any lawful reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us.

3. Accuracy, completeness, and timeliness of information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

4. Modifications to the Service and prices

Prices for our products are subject to change without notice. All prices are shown in South African Rand (ZAR) and, where applicable, are inclusive of Value-Added Tax (VAT) at the prevailing rate.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5. Products or services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return and Cancellation Policy.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Our products are supplied for professional clinical use. We do not warrant that the quality of any products will meet your expectations beyond the standards required by law, or that any errors in the Service will be corrected.

6. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per practice, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

7. Optional tools and third-party services

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement.

Certain content, products, and services available via our Service may include materials from third parties (including Shopify and payment gateway providers). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant and will not have any liability for any third-party materials or websites.

8. User comments, feedback, and other submissions

If you send us certain specific submissions (for example, competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials ("comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use in any medium any comments that you forward to us.

You agree that your comments will not violate any right of any third party, and will not contain unlawful, abusive, or otherwise objectionable material. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

9. Personal information

Your submission of personal information through the store is governed by our Privacy Policy, which we maintain in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Please review our Privacy Policy at [insert link].

10. Errors, inaccuracies, and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.

11. Prohibited uses

In addition to other prohibitions set out in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

12. Disclaimer of warranties; limitation of liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

Except as expressly stated by us, and except for rights and remedies that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (CPA) or other applicable South African law, the Service and all products delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind.

Nothing in these Terms excludes, restricts, or limits any right or remedy you have under the CPA or any other law that cannot lawfully be excluded or limited. To the maximum extent permitted by law, Smileshop, our directors, officers, employees, affiliates, agents, and suppliers shall not be liable for any indirect, incidental, punitive, or consequential loss or damage arising from your use of the Service or any products procured through it. Where our liability cannot be excluded but may be limited, our total liability is limited to the amount paid by you for the relevant product.

13. Indemnification

You agree to indemnify, defend, and hold harmless Smileshop and our affiliates, partners, officers, directors, agents, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

14. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

16. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals.

17. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts in respect of any dispute arising from these Terms.

18. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

19. Contact information

Questions about the Terms of Service should be sent to us at:

Smileshop Email: shop@smileway.co.za