Terms of service

Smile Designers – Terms of Service

These Terms of Service (“Terms”) govern the sale of products (“Products”) by Smile Designers to the purchaser (“Customer”). By placing an order on our website, the Customer acknowledges and agrees to these Terms.

1. Order Acceptance

All orders are subject to acceptance by Smile Designers. We reserve the right to cancel or refuse any order at our discretion, including but not limited to suspected fraud, misuse, or unavailability of products.

2. Payment and Delivery

Payment is due at the time of order unless alternative terms have been expressly approved by Smile Designers in writing.

Orders will be shipped from our warehouse to the delivery address provided. All transportation, insurance, duties, and related charges are the responsibility of the Customer and will either be paid directly or added to the invoice if arranged by Smile Designers.

The Customer is responsible for any applicable taxes, duties, or fees, except those based on Smile Designers’ net income.

3. Risk of Loss

Ownership and risk of loss or damage pass to the Customer once the order has been delivered to the carrier for shipment. Smile Designers may, at its discretion, insure shipments or declare the full value to the carrier, and any related costs will be charged to the Customer.

The Customer remains responsible for full payment of the order even in the event of loss or damage during transit. Customers should inspect all products immediately upon delivery and file claims directly with the carrier if shipping damage is evident.

4. Refunds and Returns

  • Customers may request a refund within 48 hours of confirmed delivery. After this period, no refunds will be issued.

  • After 48 hours, only claims for defective products will be considered, subject to Smile Designers’ 10-day warranty policy (see section 5).

  • Return shipping costs are the responsibility of the Customer unless Smile Designers agrees otherwise at its discretion.

  • All products must be unopened, unused, and in their original packaging to be eligible for return or replacement.

5. Limited Warranty

Smile Designers warrants that its products are free from defects in material and workmanship and substantially conform to published specifications at the time of delivery.

  • All products are deemed accepted unless Smile Designers is notified in writing of a defect within 10 days of delivery.

  • The sole remedy for defective products is, at Smile Designers’ discretion:

    1. Repair of the product,

    2. Replacement with a conforming product, or

    3. Store credit toward future purchases.

  • This warranty is void if products are misused, improperly stored (e.g., exposed to heat, light, or humidity), modified, or damaged after delivery.

  • This warranty is non-transferable and applies only to the original purchaser.

  • Except as expressly provided above, Smile Designers makes no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

6. Use of Products

Products sold by Smile Designers are intended for professional dental use only. The Customer represents and warrants that products will be used by licensed professionals and in accordance with the manufacturer’s instructions. Products may not be resold or repackaged without prior written consent from Smile Designers.

7. Indemnity

The Customer assumes full responsibility for the use, storage, handling, and application of products purchased from Smile Designers, as well as any outcomes resulting from such use. This includes, but is not limited to, the condition, quality, sale, transfer, or disposal of products.

The Customer agrees to indemnify, defend, and hold harmless Smile Designers, its officers, employees, and representatives from and against any and all claims, demands, suits, proceedings, damages, losses, judgments, settlements, costs, or liabilities (including reasonable attorneys’ fees) arising out of or related to:

  • the Customer’s misuse, misapplication, or improper storage of products;

  • any breach of these Terms; or

  • claims made by third parties in connection with the Customer’s sale or use of the products.

8. Limitation of Liability

In no event shall Smile Designers or its representatives be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to lost profits, lost sales, business interruption, loss of goodwill, or additional expenses, even if Smile Designers has been advised of the possibility of such damages.

Smile Designers’ total liability shall not exceed the purchase price actually paid by the Customer for the specific product(s) at issue. This limitation applies to all claims or causes of action, whether based in contract, warranty, negligence, strict liability, misrepresentation, or any other legal theory.

Some jurisdictions do not allow limitations or exclusions of liability for incidental or consequential damages. In such cases, these limitations may not apply to the extent prohibited by law.

9. Governing Law

These Terms shall be governed by and construed under the laws of the United States and Colombia, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Miami-Dade County, Florida, or Bogotá, Colombia, depending on jurisdiction.

10. Force Majeure

Smile Designers shall not be liable for any delay or failure to perform caused by circumstances beyond reasonable control, including but not limited to natural disasters, labor disputes, transportation disruptions, supply shortages, or government actions.

11. Entire Agreement and Severability

These Terms constitute the entire agreement between Smile Designers and the Customer regarding the sale of products. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.

12. Prices and Terms

Smile Designers endeavors to maintain stable prices; however, we reserve the right to adjust prices at any time in response to supplier changes, market conditions, or extraordinary circumstances. All prices are subject to change without notice.

By placing an order, the Customer acknowledges and accepts these Terms of Service. Acceptance of any order is expressly conditioned upon the Customer’s agreement to these Terms, regardless of any different or additional provisions submitted by the Customer in their purchase order or other documents.