Smile Boutique NY Policies

Purchase Agreement

PAYMENT, REFUND AND CHARGEBACK POLICY

You agree that you are retaining Smile Boutique NY to complete services by you, and you have an unqualified obligation to remit payment for those services. Once you are accepted as a customer, you fully agree to waive any claims to a refund of payment, except as authorized herein. By signing the purchase agreement, you are stating that you are the owner of the credit card you are using for purchase. 
 *You authorize Smile Boutique NY to charge the purchase price, which is the amount you chose from the website www.SmileBoutiqueNY.com 
 *All services provided by Smile Boutique NY must be paid in full before Smile Boutique NY will ship your impression kit. 
 *All purchases are non-cancelable and non-refundable, except as authorized herein. 
Once purchased, the method of payment will be charged for the amount shown – regardless of whether the impression system is used. 
 Smile Boutique NY

METHOD OF PAYMENT AND PAYMENT PLANS

Payments shall be made to Smile Boutique NY, in accordance with the Payment Plan via PayPal through Smile Boutique NY If the Owing Party fails to make their second payment after receiving their veneers, they will be sent to collections immediately.

The Owing Party hereby agrees to the payment plan as chosen on the website, www.SmileBoutiqueNY.com, via Shopify/PayPal. The Owing Party agrees to make the payments to Smile Boutique NY / Smile Boutique NY, associated with the date the Payment Plan was chosen and the initial payment was made. 
If the Owing Party chooses a payment plan, they are required to send Smile Boutique NY a copy of a valid photo ID. 
The Owing Party will not receive their finished Smile Boutique NY appliance before they make the second payment or until they set up a valid payment plan by phone by calling Smile Boutique NY at 718-496-0501 where they are expected to give Smile Boutique NY a valid credit card number. 
If the party in debt (Owing Party) fails to make any payments as per the Payment Plan, the full balance (Deficiency) becomes immediately due and payable upon reaching thirty (30) days after a missed monthly payment. 
If the Owing Party does not pay the full amount within thirty (30) days, their case will be forwarded to a collection agency for further action. 

Any changes to this Agreement will only be considered valid if they are in writing and mutually agreed upon by both the Owing Party and Smile Boutique NY.

ONCE A PURCHASE IS SUBMITTED, IT CANNOT BE MODIFIED BY CLIENT

Upon sending the impression system to our lab for creation, clients must fill out and sign all documentation sent, make their own impressions, and present photos of their smile from the front and either side. These impressions and photos must be deemed usable by the Smile Boutique NY staff. 
We may, on an exception basis and at the request of the client, waive one or more of the restrictions after the purchase has been made. 
We may, in our discretion, impose additional obligations and/or fees regarding any such waiver. 
You agree that if your offer is accepted, Smile Boutique NY will confirm the purchase and charge the entire amount of the sale, including applicable fees (as described below) disclosed to you before submitting an order, to your method of payment. 
Your price may include, in addition to amounts paid to Smile Boutique NY for your purchase, compensation to Smile Boutique NY for our facilitation services.

PRODUCT DESCRIPTION AND RESULTS SATISFACTION

You agree that you are retaining Smile Boutique NY to design a custom dental appliance based on impressions that we have not yet seen and that will be provided by you. 
As such we cannot and do not make any statement or promise as to the description of the final product. You therefore release any claims to the concept of receiving a ‘Product not as described'. 
We promise that your final product will be an accurate reflection of the impression that you have provided and on which it is based.

REFUND POLICY

Smile Boutique NY has a 'No Return or No Refund Policy' (after the initial purchase) due to the customization of the product and time spent with each client. 
If a client’s veneers do not fit correctly or are defective, Smile Boutique NY will remake or correct the current veneers for no extra charge to ensure 100% total customer satisfaction. 
If you are unhappy with your customized removable veneers (due to the fit or a defect), Smile Boutique NY is willing to redo or remake your veneers up at no cost to the client, providing your veneers are not damaged by cracks or fractures and are returned in their original condition. 
*In the event that you decide to ask for a refund after you’ve purchased the product but before you’ve received the impression kit or you have received the impression kit and still want a refund, there will be a minimal 30% re-stocking & cancellation fee and a possibility of an additional fee added to this depending upon the amount of time that has lapsed. 
*Additional fee to be assessed at that time. 
*For a refund request to be considered at all, a refund request must be sent by email to yuliarom@smileboutiqueny.com 
*We require all clients to make/complete their approved impressions within 30 days of receiving the impression kit. 
There will be no consideration for refunds after the 30 days.

STANDARD LIMITED WARRANTY

Smile Boutique NY provides a 30-day warranty for products, ensuring that it is free from defects in material or workmanship. 

If a defect is identified within this period, the following remedies are available: 
1. Smile Boutique NY will replace the defective product at its discretion. 
2. Shipping costs for the replacement product will not be reimbursed. 

Please note the following terms and limitations of the warranty: 
1. The warranty is limited to a one-time replacement of the appliance. 
2. Smile Boutique NY does not provide any express or implied warranties for the appliance, other than the limited warranty stated. 
3. The warranty covers only defects in material or workmanship during normal consumer use. 
4. The following are specifically excluded from the warranty coverage: 
a. Cash refunds 
b. Changes in shade from the original shade 
c. Repairs due to improper installation, abuse, accident, neglect, or failure of supporting tooth structure 
d. Changes in the smile design 
e. Shipping costs 
f. Claims resulting from modifications made by the customer to the veneer 
g. Incidental or consequential damages, including inconvenience and pain 
h. Dental fees for repair and replacement If your smile appliance becomes damaged within the warranty period, you should contact Smile Boutique NY at 718-496-0501 to initiate the claim process. 
You will need to return the original device to Smile Boutique NY along with a copy of the purchase receipt.

REFUNDS FOR CUSTOMERS WHO HAVE FINANCED THEIR PURCHASE

All refunds will be processed in accordance with the terms and conditions outlined in the customer's financing agreement. 
The specific procedures and requirements for refunds will be determined by the financing agreement, and Smile Boutique NY will adhere to those terms in coordinating and remitting any refunds.

DISHONORED /RETURNED PAYMENTS / CHARGE REVERSALS

Regardless of the payment method chosen, you are responsible for fulfilling the financial commitment related to the requested service. 
A charge reversal does not waive your responsibility to make payment. 
All invoices must be paid by the date your impressions are received. Past due invoices become immediately due and payable in full. 
Invoices outstanding for more than 30 days are considered in default and may be subject to collection. 
We reserve the right to report unpaid debts to consumer credit agencies and pursue other methods of collection, including legal action. 
Failure to make payment constitutes a breach of this agreement, and you agree to pay all costs and fees associated with debt collection in the event of default. 
Additional fees: If you are a citizen of a country other than the United States and you purchase products from Smile Boutique NY, you may be responsible for additional taxes, duties, or tariffs imposed by the appropriate government agencies before delivery can occur. 
Please contact the relevant government agency if you have any questions. 
Payment issuer charges: In addition to the authorized charge, your payment issuer and network (such as your bank or credit card company) may apply their usual transaction or handling charges, if any. 
Price changes: Smile Boutique NY reserves the right to change prices at any time. If you do not wish to proceed with an order due to a change in pricing, you are advised not to complete the order. 
By submitting your order, you agree to the listed price and are not entitled to any other price. 
Shipping and handling: A shipping and handling fee of $35 will be added to the initial payment for all orders and cannot be split between payments. 
This fee covers shipping and processing, including the initial shipment of the impression system to the client, the shipment of the impression system from the client to the lab, and the shipment of the final appliance from the lab back to the client.

CHARGEBACK POLICY

When you make a purchase, the charge will appear on your credit/debit card statement as "SMILE BOUTIQUE NY". 
By agreeing to these terms, you agree not to initiate a credit card or debit card chargeback for any order placed with Smile Boutique NY. 
Instead, you agree to abide by the dispute resolution procedures provided by Smile Boutique NY. 
Please note that every order for a custom removable dental appliance is made at the request of the client. 
Therefore, if we confirm that a system has been shipped and received by the client, any chargeback initiated is considered fraudulent and will be treated as such. 
Initiating a chargeback with your financial institution will result in an immediate and indefinite hold on your account and all work associated with your order(s). 
It is important to understand that regardless of the decision made by the determining party (such as the credit card issuing bank or the credit card processor), a chargeback does not release you from your responsibility to pay your bill owed to us. 
Filing a chargeback is considered a breach of this agreement and causes harm to Smile Boutique NY's business operations. 
Regardless of the outcome of a chargeback, once it is filed, liquidated damages in the amount of $7,500.00, or all costs and fees required to repair and protect Smile Boutique NY's reputation (including investigation, response, and representation related to the chargeback), will be owed, whichever is greater. 
If you are experiencing financial constraints and desire a refund, alternative payment arrangements can be discussed with a Client Services Representative. 
Please note that any chargeback request, complaint filed with a third-party website/company not controlled by Smile Boutique NY, or threat of legal action will result in the case being immediately considered "Not in Compliance," and all impressions will be discarded, regardless of your intention to continue with the purchase. 
It is important to be certain of your decision before taking any of these actions.

CANCELLATION AND RETURN POLICY

We provide a cancellation option within the first 24 hours of placing an order, without incurring any charges, unless an impression system has already been shipped. 
Once 24 hours have passed or an impression system has been shipped, you can still return the unused impression system for a refund, but a 20% cancellation/restocking fee will be deducted. 
If you need to return your order for a repair or adjustment, please send a written notification to yuliarom@smileboutiqueny.com and request a Return Merchandise Authorization (RMA) number. 
In your request, please provide a detailed description of the adjustments or repairs needed, along with pictures and/or videos documenting any issues. 
In cases where cancellations and refunds are not prohibited by law, return orders may be subject to a 50% handling, processing, and transaction fee, based on the full retail price of the Smile Boutique NY Product, and the shipping and handling amount will not be refunded. 
Buyers are responsible for all return shipping costs. If the return is due to an error by Smile Boutique NY, the handling and transaction fee may be waived, and shipping charges may be refunded. 
Please note that all returns must be accompanied by a Return Merchandise Authorization (RMA) number. 
Returns that are incomplete or missing components may be subject to an Incomplete Return charge.

Privacy Policy

We understand the importance of privacy and assure you that any information you provide to us will be treated with the utmost confidentiality. 
We are the sole owners of the information you provide to us, and we will not sell, rent, or disseminate this information to anyone. 
The information you voluntarily provide to us via email or other direct contact will only be used to respond to your inquiries or fulfill your requests. 
We will not share your information with any third party outside of our organization, except when necessary to fulfill your specific request, such as shipping an order. Unless you instruct us not to, we may contact you via email in the future to inform you about specials, new products or services, or changes to this privacy policy. 
Please be assured that we take the appropriate measures to protect your information and maintain its confidentiality. 

If you have any concerns or questions about our privacy policy, please feel free to contact us: 
 +1 (718)496 05 01 
 yuliarom@smileboutiqueny.com

Terms and Conditions

INTRODUCTION OVERVIEW

This website is operated by Smile Boutique NY. Throughout the site, the terms “we”, “us” and “our” refer to Smile Boutique NY. 
Smile Boutique NY 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. 
Our store is conducted in compliance with the law. Therefore, all new features or tools that are added to the store are also bound by these Terms of Service. 
To stay updated, you can always find the latest version of the Terms of Service on this page. 
We have the authority to revise, modify or substitute any portion of these Terms of Service by announcing updates and/or changes on our website. 
It is solely your duty to visit this page from time to time for any alterations. 
If you continue to use or access the website after we post any changes, it means you have accepted those changes. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. These Terms include our privacy policy, our cookie policy, any other legal notices and disclaimers contained on this Website and constitute the entire agreement between Smile Boutique NY and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. 
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor. 
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 
 
Governing Law & Jurisdiction 

These Terms will be governed by and construed in accordance with the laws of the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in The United States Of America for the resolution of any disputes. 

No warranties 

This Website is provided “as is,” with all faults, and Smile Boutique NY makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you. We do however offer a warranty on our removable veneers that is purchasable. Learn more here – Smile Boutique NY Warranty 

Limitation of liability 

In no event shall Smile Boutique NY, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Smile Boutique NY , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. 

Indemnification 
You hereby indemnify to the fullest extent Smile Boutique NY from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms. 

Variation of Terms 
Smile Boutique NY is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. 

Assignment 
Smile Boutique NY has the right to assign, transfer, and subcontract its rights and/or obligations under these Terms, without needing to provide any notice or require any consent. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

PHOTO SUBMISSION REQUIREMENTS

You acknowledge and agree that it is necessary to provide us with usable photos of your teeth in order for us to proceed with our work. 
These photos should meet specific requirements, including being high resolution, well-lit, in focus, and displaying all your "smile teeth" and a full gum-line. 
Failure to provide these photos will result in your case being considered "Not in Compliance." 
We reserve the right to halt work on any case until the required photos have been submitted. 
Additionally, if, in our sole discretion, the photos provided are deemed unusable for any reason, you may be asked to submit new photos.

CLIENT CONSENT

I understand that the Smile Boutique NY product is designed solely for cosmetic purposes to enhance the appearance of my smile. 
It does not repair or replace teeth or address any other dental issues beyond aesthetic improvement. 
If I have any dental needs that go beyond the appearance of my smile, I acknowledge that I am not a suitable candidate for the Smile Boutique NY product. 
I also understand that while the materials used in the Smile Boutique NY product are chosen for safety, there is a possibility of infrequent side effects. 
The most common side effects include tooth and gum sensitivity or soreness, as well as soft tissue irritation. 
If I experience any of these adverse symptoms, I agree to discontinue using the Smile Boutique NY product and consult my dentist or doctor. 
Furthermore, I acknowledge that if I have any known chemical sensitivity or allergic reactions to common ingredients, it is my responsibility to inform Smile Boutique NY directly before placing my order.

LIMITED & QUALIFIED DISPARAGEMENT AGREEMENT

I understand and agree that I will not make any derogatory, critical, or negative remarks or statements about Smile Boutique NY or its representatives, whether verbally, in writing, electronically, or in any other manner. 
If I choose to communicate any information regarding my failure to comply with the policies and procedures outlined in these terms and conditions, it must meet the following criteria: 
it must be true and complete, clearly disclose all relevant details about my non-compliance, and not harass, abuse, defame, threaten, or make hateful or offensive statements about Smile Boutique NY or its representatives. 
Additionally, I must include the provided quote acknowledging that I was informed about the quality of impressions, the "no cancellations" and "no refunds" policies, and that Smile Boutique NY is willing to work with me as long as my case remains in compliance. 
Furthermore, I agree that any information, images, or materials related to Smile Boutique NY, including its products and employees, that I publish on any public or private communication medium, will automatically grant Smile Boutique NY a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display, or distribute such materials in any form, medium, or technology known now or later developed.

BREACH OF CONTRACT

I understand and agree that by accessing or participating in any public communication after purchasing from Smile Boutique NY, I will comply with all of the stated terms and conditions. 
I will not harass, abuse, defame, threaten, make hateful or offensive statements to or about Smile Boutique NY, its products, or its employees. 
I also agree not to use obscene or indecent language or submit any images or materials that violate the law to any public communication medium. 
Additionally, I understand that by providing any information, images, or materials to any public communication medium displaying or regarding Smile Boutique NY, its products, or its employees, I automatically grant Smile Boutique NY a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display, or distribute such materials in any form, medium, or technology known now or later developed. 
I acknowledge that the jurisdiction of this agreement is governed by and shall be construed in accordance with the laws of the State of New York. 
The parties agree to submit to the exclusive jurisdiction of the courts in the county of Kings for all purposes relating to this agreement. 
By purchasing this product online, I understand that it constitutes my legal signature of agreement and authorization for payment, and that Smile Boutique NY and I are contractually bound to all the terms and conditions listed above.

ACKNOWLEDGMENT AND MODIFICATIONS

This agreement represents the entire understanding between you and the Company regarding your relationship to Smile Boutique NY and supersedes any prior statements or representations, whether written, verbal or otherwise. 
We are the only owners of the information you provide to us on this site. 
We only have access to this information that you voluntarily provide via email or other direct contact from you. 
We promise not to sell, rent or disseminate this information to anyone. 
We will use your information only to respond to you, regarding the reason you contacted us. 
We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. 
Unless you instruct us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. 
YOU AGREE TO BE BOUND

BY THESE TERMS AND CONDITIONS

Smile Boutique NY reserves the right to modify the present terms and conditions at any time without any prior notice to you. It is your responsibility to check the website for any changes and modifications to the present terms and conditions. By continuing to work with Smile Boutique NY you agree to be legally bound and to abide by the amended terms.

SEVERABILITY

If any term or provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining terms and provisions of these Terms and Conditions will still be valid and enforceable to the fullest extent permitted by law. 
In such a case, the court will modify the affected term or provision in a way that preserves the original intent of the parties to the greatest extent possible, ensuring that the contemplated transactions are fulfilled and that the Company and its Affiliates are protected to the maximum extent permitted by law.

LOST DISCOUNT

By accepting the discounted price offered by Smile Boutique NY, you agree to these terms and conditions. In the event that you breach this agreement, Smile Boutique NY reserves the right to revoke the discount and charge you the full suggested retail price of $350.00 per arch, as based on a national average for similar services.

Shipping Policy

Our shipping is free for any appliance. 
If you need to return your order for a repair or adjustment, please send a written notification to yuliarom@smileboutiqueny.com and request a Return Merchandise Authorization (RMA) number. 
In your request, please provide a detailed description of the adjustments or repairs needed, along with pictures and/or videos documenting any issues. 
In cases where cancellations and refunds are not prohibited by law, return orders may be subject to a 50% handling, processing, and transaction fee, based on the full retail price of the Smile Boutique NY Product, and the shipping and handling amount will not be refunded. 
Buyers are responsible for all return shipping costs. If the return is due to an error by Smile Boutique NY, the handling and transaction fee may be waived, and shipping charges may be refunded. 
Please note that all returns must be accompanied by a Return Merchandise Authorization (RMA) number. Returns that are incomplete or missing components may be subject to an Incomplete Return charge.

Contact Information

Please be assured that we take the appropriate measures to protect your information and maintain its confidentiality. 
If you have any concerns or questions about our privacy policy, please feel free to contact us: 
+1 (718)496 05 01 
 yuliarom@smileboutiqueny.com