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Full T&Cs

FULL TERMS AND CONDITIONS

OVERVIEW:

This website is operated by Miami White. Throughout the site, the terms “we”, “us” and “our” refer to Miami White. Miami White 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 and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 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.

MONEY BACK GUARANTEE: 

OPTION 1 - MONEY BACK GUARANTEE

We are so confident in out teeth whitening products that we will give you your money back if you don't see results! Not only will you see a minimum of 2 shades whiter teeth you can see up to 12 shades whiter teeth.
Follow a few simple steps below to be eligible for this "Money Back Guarantee" if in the unlikely event you don't see results.
1) Take a photo of your teeth before using the teeth whitening kit a selfie will do.
2) Take a photo of your teeth after using for 10 days (1x 16 minute treatment per day) so would be a total of 10 treatments.
3) Email the above photos and any other relevant information name, order# etc to support@miamiwhiteteeth.com
4) Please allow 48 - 72 hrs for a member of our customer service to be in contact.
 Time frame for money back guarantee is below.
  • Online (Australia/New Zealand): 30 days from date of delivery
  • Online (International): 45 days from order placement.

OPTION 2 - CHANGE OF MIND 

We want our customers to shop with confidence, which is why we offer exchange or refund in the event you change your mind. However, all returns requests must be made within 30 days of receiving your order. Requests should be made by emailing customer service at support@miamiwhiteteeth.com the following change of mind time frames apply:
  • Online (Australia/New Zealand): 30 days from date of delivery
  • Online (International): 45 days from order placement.
Subject to the Consumer Guarantees outlined below, merchandise returned for change of mind within the above time frames can be returned for an exchange or full refund subject to the following conditions:
  • Proof of purchase is accompanied with the returned merchandise;
  • The merchandise is unused, in its original condition with all tags and original packaging intact.
  • Any discounts received at the time of purchase will be carried over.
  • When your return is received, and provided that all items are in new & unused condition with all labels and original packaging and sealed in original seal without any signs of tampering, we will action your return request within 48 hours. Please note that the postage on your item ($10.00AUD - Australian Orders) & ($25.00AUD - International Orders) is not refundable, and the cost of returning your item will be borne by you.
 All applications for the above money back guarantee need be submitted within 30 days of you receiving the products.
Miami White can reject a money back claim if the above isn't followed.

POSTAGE & HANDLING:

We will dispatch all orders within a timely manor typically 2 - 3 business days is allowed for the dispatch of the products from our warehouse based on the Sunshine Coast. During peak periods such as Christmas, Black Friday, public holidays, Australia Day etc please allow up to 4 - 6 business days for dispatch.

Deliveries within Australia will be made via Australia Post to the address which you have provided to us via your order. If the address you have provided is incorrect and has been lost or missing due to this reason we are not liable for any reimbursement or refund.

Delays are not our responsibility as a third party is delivering your order they will be your best point of contact for tracking your order with the provided tracking number.
Missing parcels are not our responsibility as we are using a third party delivery company. We will do our best to resolve and find the missing parcel. 
International customers be aware that customs or government agencies may require payment for the importation of products into your country. This is your sole responsibility. Monitor tracking carefully throughout the process to keep on top of the progress of your order.
If a order is returned to us due to incorrect information or not home to receive the parcel you will need to get in contact with our customer support team at support@miamiwhiteteeth.com and arrange the redelivery of your order all postage costs involved for the redelivery will be paid from the customer.
Standard Postage Time-frames
Australia Post Standard - 4 - 8 business days 
Australia Post Express - 1 - 3 business days
Rural remote areas the above time frames can be much longer due to 1 week postage cycles within those remote towns.

PRODUCT USE:

By placing an order through Miami White you accept all the risks associated with the product and agree that Miami White or the manufacturer of the product will not be liable for any unexpected results or complications that may arise as a result of the use of the product.It is the user’s responsibility to check the ingredients of any products beforehand to ensure you are not allergic to any of the ingredients. A list of the following ingredients used in the teeth whitening formula. Active ingredients: 6%Hydrogen Peroxide & 3%Potassium Nitrate. Other ingredients: 45.85%Glycerol/Glycerin, 20%Propylene Glycol, 20%Water/Aqua, 3%PVP, 2%Silica, 0.1%Menthol, 0.05%Citric Acid. We can supply a material safety data sheet if required. The website is not a substitute for professional medical advice. We highly suggest seeking professional advice or to consult with a medical practitioner, dentist or doctor for advice. Miami White can not provide or intend to provide medical advice this would need to be carried out with your health care practitioner. Teeth whitening results will vary from patient to patient, depending on the structure of the teeth, duration of time used. Whitening teeth can result in spotted or blotchy appearance on the tooth surface resulting with a non uniformed appearance. Whitening products such as our home teeth whitening kit will not whiten veneers, crowns, bridges or cavities or any other dental work.Miami White is not liable to you for unsatisfactory results. Whitened teeth after using treatment will become less visible over time and does require maintenance to maintain white teeth. By placing a order through the Miami White website or purchasing the product via our wholesale network you accept all the risks associated with the product as well as any complications that may arise from the use of the product or products via our online store or via our wholesale network. IF YOU SEEK EMERGENCY MEDICAL ATTENTION IN AUSTRALIA PLEASE CALL 000 OR YOUR DOCTOR IMMEDIATELY. YOU SHOULD NOT USE THIS PRODUCT UNDER THE AGE OF 18 AND OR A MINOR, WHO ARE PREGNANT, HAVE HEALTH CARE ISSUES, GUMS THAT ARE IN POOR CONDITION, OVERLY SENSITIVE TEETH, WEAR BRACES, PERIODONTAL DISEASE, HAD RECENT ORAL SURGERY, DECAYED TEETH, HAVE ROOTS EXPOSED, HAVE COLITIS, HAVE JAW PROBLEMS, OR ARE ALLERGIC TO ITEMS INSIDE THE GEL YOU SHOULD CONSULT A RELEVANT MEDICAL PROFESSIONAL BEFORE USING THIS PRODUCT. It remains the customers/user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the gel pens or any other products that you have purchased before using.

RETURNS & WARRANTY POLICY:

Under the ACCC you may be entitled to a repair, replacement or refund for major fault. For the repair or replacement of LED light mouth tray you will need to get in contact with our customer service team at support@miamiwhiteteeth.com. The LED mouth tray provided by Miami White comes with a 1 year warranty against manufacturer faults. Providing photos and video of the problem with the product and brief explanation will greatly speed up the replacement of the product and or determine the best course of action. If you would prefer to return the faulty product back the postage cost would be your responsibility and postage cost for the new or repaired product would be our responsibility as long as there is not tampering of the product to be found.

PRODUCT AVAILABILITY, PRICING, PAYMENT & PROMOTIONS:

Miami White will do the best to make sure that product availability is priority and for some unknown reason we were out of stock of a purchased product we would make contact with the customer for their choice of refund or notify the customer of approx eta. Miami White will not be held liable for any products which are not available but will do out best to ensure there is a satisfactory outcome. All prices on the Miami White website are inclusive of postage & handling costs. Prices are subject to change at any time without notice. Once an order via the Miami White website has been placed you must pay the amount owing in the checkout. We will not provide refunds on orders that have been incorrectly ordered and dispatched. You are entitled to return the product under our returns policy complying with the ACCC. By placing a order with Miami White you understand all of our terms and conditions and are bound by them. You have authority and permitted to purchase the products being ordered. By using the payment gateways provided to you via us you have authority to use the payment option you have selected. All payments and information provided to us is true and without illegal any issues associated with the purchase.

Promotions that Miami White run are only for a selected period of time stated or otherwise selected. We can cancel or end a promotions at any time. Promotional prices are only available when the promotion are running outside the promotional period it will not be valid.

DUTIES / TAXES & FEES:

All duties, taxes & fees are to be paid by the customer receiving the order. Miami White is not liable for any costs involved for the clearance of customs or government agencies, storage fees, redelivery fees, duties and or taxes. Without the payment of the above fees or charges and the product is returned to us we will provide a refund for the product minus any postage costs, fees associated with the return of the product to our warehouse. If you would like information regarding possible fees and charges we suggest contacting your government agency or appropriate governing body for them.

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.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MIAMI WHITE TEETH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION: 

You agree to indemnify, defend and hold harmless MIAMI WHITE TEETH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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.

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 to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

DISPUTE:

 A party and or a individual must give the dispute notice setting out the following.

What the party or individual claims to be a dispute against Miami White

How to resolve the dispute with the individual or party and the proof which they have for the dispute.

All evidence of the dispute must be disclosed within 5 business days of the dispute notice. Cost involved will be shared equally between both parties. Each party is to pay there own legal costs & disbursements involved in the dispute.

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 of Service, such determination shall not affect the validity and enforceable of any other remaining provisions.

CONTACT INFORMATION:

Questions about the Terms of Service should be sent to us at support@miamiwhiteteeth.com