Welcome to Smile Boutique NY, INC. (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, products, services, and communications (collectively, the “Services”). By accessing or using our Services, including placing an order, signing up for communications, or interacting with our content, you agree to be bound by these Terms. If you do not agree to any portion of these Terms, please do not access or use our Services.
Terms of Service — Smile Boutique NY
Effective Date: November 4, 2025
1. Eligibility and User Representations
1.1 Age Requirement
You must be at least 18 years old to use our Services. If you are acting on behalf of another individual, you must have the legal authority to do so. We reserve the right to verify your age at any time, including requiring identification or other verification methods.
1.2 Capacity to Agree
By using our Services, you affirm that you have the legal capacity to enter into a binding contract, either personally or as a representative of another individual. This ensures that all users can lawfully consent to the obligations, rights, and limitations outlined in these Terms.
1.3 Consent Requirement for Minors
Users under the age of 18 must have parental or guardian consent to access our Services. Parents or guardians are responsible for supervising minors using our Services. Any violation of this requirement may result in immediate suspension or termination of access.
1.4 Accuracy of Information
You agree to provide true, accurate, current, and complete information when creating an account, placing orders, or communicating with us. This includes shipping addresses, payment information, and any dental-related data submitted for product customization. Failure to maintain accurate information may result in order delays, denial of access, or cancellation of services.
1.5 Account Security
You are responsible for maintaining the confidentiality of your account credentials. Any activity under your account, whether authorized by you or not, is your responsibility. You must notify us immediately of any unauthorized use of your account or security breach.
2. Acceptance of Terms
By using our Services, you acknowledge that you have read, understood, and agree to comply with these Terms. Your continued use constitutes acceptance of any updates or modifications. We reserve the right to update these Terms at any time, with changes effective immediately upon posting to our website. Regular review of the Terms is your responsibility.
3. Intellectual Property
3.1 Ownership
All content on our website—including text, graphics, logos, designs, images, videos, software, and other materials—is owned by Smile Boutique NY, INC., its affiliates, licensees, or assigns and is protected under U.S. and international copyright, trademark, and other intellectual property laws.
3.2 Limited License
You are granted a limited, non-exclusive, revocable license to access and use our content for personal, non-commercial purposes only. This license does not permit copying, distribution, or commercial exploitation of our content.
3.3 Prohibited Activities
You may not:
- Copy, modify, distribute, display, or create derivative works from any content without our written consent
- Use content for commercial purposes, advertising, or promotional activities
- Attempt to reverse engineer, decompile, or interfere with our website or Services
3.4 Feedback and Submissions
Any suggestions, comments, or ideas submitted to us regarding our Services become our property, and you assign all rights, title, and interest to Smile Boutique NY, INC. We may use your feedback without compensation or attribution.
4. Non-Commercial Use
4.1 Purpose
Our Services and products are intended for personal use only.
4.2 Prohibited Commercial Use
You may not use our Services or products to:
- Resell, distribute, or advertise for financial gain
- Incorporate into a business or service offering
- Offer for promotional campaigns or giveaways without explicit permission
4.3 Enforcement
We reserve the right to suspend or terminate access for any user engaging in unauthorized commercial activity.
5. Orders, Payment, and Pricing
5.1 Order Acceptance
All orders are subject to acceptance by Smile Boutique NY. We reserve the right to refuse or cancel any order for reasons including product availability, errors in pricing, or suspicion of fraudulent activity.
5.2 Pricing and Payment
All prices are in USD. Payment is required in full before production begins. Prices may change at any time without notice, but changes do not affect orders already confirmed.
5.3 Payment Methods
We accept major credit cards, debit cards, and approved online payment methods. Payments are processed through secure gateways to ensure safety.
5.4 Taxes and Fees
You are responsible for applicable sales tax, customs fees, duties, and any other charges associated with your order.
6. Refunds & Returns
6.1 Eligibility for Refunds
At Smile Boutique NY, customer satisfaction is extremely important to us. Refunds are strictly limited to verified manufacturing defects, meaning the appliance does not meet the specifications as intended due to our workmanship or materials. Cosmetic preferences, including changes to tooth shape, gum color, appliance style, or design requested after production has begun, are not eligible for refunds. Incorrect shade selections by the customer, or requests for modifications after manufacturing, are considered customer decisions and are therefore outside the scope of refund eligibility.
To qualify for a refund, appliances must be returned in their original condition, clean, and unaltered. Any appliance that shows signs of wear, modification, or damage caused by improper use or mishandling will not be eligible. Full refunds are only possible before production begins, and refund requests must be submitted within 150 days from the date of your order. This ensures timely processing and avoids delays in assessing production-related issues.
To qualify for a refund, appliances must be returned in their original condition, clean, and unaltered. Any appliance that shows signs of wear, modification, or damage caused by improper use or mishandling will not be eligible. Full refunds are only possible before production begins, and refund requests must be submitted within 150 days from the date of your order. This ensures timely processing and avoids delays in assessing production-related issues.
6.2 Impression Kit
For hygienic reasons, the impression kit fee of $49.99 is non-refundable, regardless of whether it is used or unused. This policy protects both our customers and staff from contamination risks, as impression kits are personalized and cannot be reused. Customers are encouraged to carefully follow the instructions to ensure successful impressions and avoid errors that may impact the fit of their appliance.
6.3 Mandatory Pre-Production Notification
Any requests, suggestions, or preferences regarding the appearance, size, shape, style, or other design aspects of your future appliance must be communicated before production begins. Once the appliance enters production, all design decisions are determined solely by our specialists, based on your initial input, dental anatomy, and technical requirements. After production begins, no modifications or design changes can be accommodated. This ensures optimal fit, function, and comfort, while maintaining the high standards of Smile Boutique NY craftsmanship.
6.4 Non-Refundable Services and Accessories
Certain services and items are non-refundable, even if an order is returned, due to the nature of the work or product:
- Rush Manufacturing: If you have requested expedited production, this service cannot be refunded once manufacturing has started. This is because specialized scheduling, labor, and materials are allocated immediately to meet the expedited timeline.
- Rush Shipping: Expedited shipping services are non-refundable once the order is in transit. Carriers charge us upfront for these services, and once used, we cannot recover these costs.
- Accessories: Any additional items purchased, such as cleaning kits, storage cases, or other add-ons, are non-refundable.
6.5 Return Process
To initiate a return or refund request, please contact info@smileboutiqueny.com with:
- Your order number
- Photos of the appliance (highlighting the defect or issue)
- A detailed description of the problem
Once your request is submitted, our team will review the information and provide instructions for returning the appliance if necessary. Upon receipt and verification of the defect, refunds will be processed to the original payment method. Please allow up to 7–10 business days for processing after approval.
6.6 Exceptions & Limitations
Refunds will not be issued in the following cases:
- Appliances altered, modified, or repaired by anyone other than Smile Boutique NY staff.
- Lost, stolen, or damaged appliances during shipping or after delivery. Customers are responsible for providing accurate shipping information and ensuring the package is received.
- Issues caused by misuse, improper care, or failure to follow instructions.
- Design or cosmetic preference changes requested after production.
By following these guidelines, customers help ensure a smooth evaluation process and maintain eligibility for adjustments or warranty coverage.
7. Shipping Policy
7.1 Delivery Carriers & Methods
We partner with reputable carriers including USPS, FedEx, UPS, DHL, and others, depending on your location and order requirements. Each carrier has different capabilities and schedules, and shipping method selection may affect delivery times.
7.2 Estimated Delivery Times
Delivery times provided at checkout or confirmation are estimates only. Factors beyond our control, such as carrier delays, weather, customs processing, or unforeseen disruptions, may affect arrival. Smile Boutique NY is not responsible for delayed, lost, or damaged packages during shipping. Once your package is in the carrier’s possession, all responsibility for transit lies with the shipping company.
7.3 Tracking & Notifications
Tracking information will be provided for all orders. Customers are responsible for monitoring shipment status and ensuring someone is available to receive deliveries. Lost packages due to unavailability or incorrect addresses may not be eligible for refunds.
7.4 Shipping Address Changes
It is crucial that customers provide an accurate and complete shipping address at the time of purchase. Requests to change the shipping address after dispatch may incur additional fees and delivery delays, depending on the carrier.
7.5 International Shipping
For international orders, any customs duties, taxes, or import fees are the responsibility of the customer. Smile Boutique NY cannot guarantee delivery times or coverage for these charges, and delays caused by customs are beyond our control.
7.6 Damaged or Lost Shipments
Inspect packages immediately upon delivery. If the item is damaged during shipping, notify the carrier and our customer service within 48 hours. Photographic evidence may be required. Packages lost in transit are the responsibility of the shipping carrier.
8. Warranty Policy
8.1 Coverage Overview
All custom-made appliances from Smile Boutique NY include a 60-day manufacturer warranty from the date of delivery. This warranty covers:
- Adjustments required to achieve proper fit
- Remakes due to verified manufacturing defects
8.2 Exclusions
The warranty does not cover:
- Loss or theft of the appliance
- Accidental damage, misuse, or negligence
- Changes in dental structure after appliance production, including tooth extraction or dental work
- Customer-selected incorrect shade, size, or design
- Alterations or repairs performed by anyone other than Smile Boutique NY staff
8.3 Safety & Usage Considerations
Discontinue use immediately if the appliance feels excessively loose, tight, or causes discomfort. Appliances are intended for cosmetic purposes and do not replace professional dental care. Improper use or continued use despite discomfort may void warranty coverage.
8.4 Claiming Warranty
To file a warranty claim, contact info@smileboutiqueny.com with your order details and photos if applicable. Appliances may need to be returned for evaluation. Warranty adjustments or remakes will be provided free of charge, excluding the non-refundable impression kit.
8.5 Determination of Coverage
All warranty claims are assessed solely by Smile Boutique NY specialists. If a defect or manufacturing issue is verified, we will arrange for adjustment or remake promptly.
8.6 Limitations
The warranty is non-transferable and applies only to the original purchaser. Smile Boutique NY is not responsible for damages resulting from accidents, improper use, or unrelated health issues.
9. Design & Production Guidelines
9.1 Specialist-Determined Design
All final appliance designs are determined by our specialists to ensure optimal fit, comfort, and functionality.
9.2 Customer Recommendations
Customers may submit preferences for tooth shape, gum shade, or style before production begins. Requests submitted after production will not be accommodated.
9.3 Fit & Adjustments
Minor adjustments may be required after receiving your appliance. Our team provides guidance and modifications as part of the warranty process to achieve the best fit possible.
10. Updates & Modifications
Smile Boutique NY reserves the right to update, modify, or revise these policies at any time. Changes will take effect immediately upon posting to the website. Continued use of our Services constitutes acceptance of the updated policies.
11. Customer Responsibilities
- Provide accurate contact and shipping information
- Follow care instructions and use appliances as intended
- Promptly report issues to customer service for evaluation and resolution
12. Contact Information
For questions, claims, or warranty requests, contact:
Phone: +1 (347) 630-5474
Email: info@smileboutiqueny.com
13. Disclaimers & Limitation of Liability
13.1 Cosmetic Products Only
Our dental appliances are cosmetic in nature and are not substitutes for professional dental care.
13.2 No Medical Advice
We are not licensed dental providers in New York or any other state. Our network of licensed dentists may approve or confirm tele-dental treatment, but this does not replace in-person care.
13.3 Use at Your Own Risk
Use of our Services and products is entirely at your own risk. Discontinue use immediately if you experience discomfort, pain, or oral health issues.
13.4 Limitation of Liability
To the maximum extent permitted by law, we are not liable for:
- Direct, indirect, incidental, or consequential damages
- Lost profits, emotional distress, or property damage
- Medical complications or health issues unrelated to manufacturing defects
13.5 Professional Responsibility
You are required to visit a licensed dentist within one month of receiving your appliance to confirm oral health and suitability.
14. Safety and Health Warnings
14.1 Dental Consultation
Consult your dentist if you have:
- Loose teeth
- Fillings
- Jaw pain
- Untreated cavities or oral sores
14.2 Discontinue Use
Stop using the appliance immediately if you experience:
- Discomfort
- Irritation or bleeding
- Changes in bite or fit
14.3 Choking Hazard
Products may contain small parts. Keep out of reach of children under three.
14.4 Monitoring
Inspect appliances regularly. Do not use if any components are broken, missing, or loose.
15. Mobile & SMS Terms
15.1 Consent to Messaging
By subscribing to SMS notifications, you consent to receive marketing and transactional messages.
15.2 Voluntary Participation
SMS subscription is optional and not a purchase condition. Standard messaging/data rates may apply.
15.3 Opt-Out
Text STOP to unsubscribe, or follow opt-out instructions in messages.
15.4 Liability Disclaimer
Wireless carriers are not responsible for delayed or undelivered messages.
16. Governing Law & Jurisdiction
These Terms are governed by New York law, without regard to conflict of law principles. Disputes must be resolved exclusively in the federal or state courts of New York County, NY.
17. Arbitration Clause
All disputes shall be resolved exclusively through binding arbitration under the Federal Arbitration Act. Arbitration will occur in New York, NY, unless mutually agreed otherwise. You waive the right to participate in class actions or jury trials.
18. Insurance & Out-of-Network Claims
We may provide insurance-related information as a courtesy but are not responsible for submitting claims or resolving disputes with insurers. Customers must handle all insurance matters directly with their provider.
19. Modifications, Updates & Communication
We may update or revise these Terms at any time. Changes are effective immediately upon posting. Continued use of our Services constitutes acceptance of updated Terms.
19.1 Notification of Changes
While we may attempt to notify users via email or website banner, it is your responsibility to review Terms regularly.
19.2 Communication Preferences
By using our Services, you agree to receive communications from us regarding updates, promotions, or product information. You may adjust communication preferences in your account settings.
20. Customer Responsibilities
- Provide accurate and current information
- Use products as intended and follow care instructions
- Promptly report any issues or defects
- Attend recommended dental visits
21. Limitation of User Actions
You agree not to:
- Interfere with or disrupt our Services
- Reverse engineer or tamper with any appliances or website content
- Engage in fraudulent or illegal activities
22. Severability
If any provision of these Terms is deemed invalid or unenforceable, the remainder of the Terms remains fully effective.
23. Contact Information
For questions regarding these Terms, contact:
Phone: +1 (347) 630-5474
Email: info@smileboutiqueny.com