Terms of Service
Effective Date: October 21, 20261. 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
You may cancel your custom-appliance order and request a refund if we receive your request within 150 days of your order date and before manufacturing begins. Both conditions must be met.
There is no cancellation fee or additional payment-plan cancellation fee. If your impression kit has not shipped, no impression-kit deduction applies. If it has shipped, $50 is deducted, even if the kit is unused.
This is a pre-production cancellation policy. Once manufacturing begins, change-of-mind cancellations and refunds are not available under this policy. Covered fit issues and manufacturing defects are handled through the remedies described below. Your rights under applicable law remain unaffected.
The $50 impression-kit deduction applies only after the kit has shipped. Shipped kits are not accepted back for a cancellation refund, whether used or unused, for sanitation and hygiene reasons.
Once a refund is approved, we issue it to the original payment method within 3 BUSINESS DAYS. After we issue it, allow approximately 7–10 BUSINESS DAYS for the credit to appear in your account. Posting time depends on your bank or payment provider. Any shorter deadline required by law still applies.
Please ensure that we receive your completed physical impressions within 150 days of the order date. If they arrive after that period, a $50 late-impression fee applies before the order can proceed. After one year from the order date, the applicable late-impression fee is $100 instead of $50. These are alternative levels of the same fee, not a combined $150 charge.
If your initial impressions are unsuitable for making your appliance and an additional impression kit is needed, that extra kit costs $40.
This is separate from a fresh impression kit needed to resolve a covered fit issue: that kit is included at no additional charge.
Refund requests for rush manufacturing or rush shipping are reviewed individually, case by case. Contact us with your order number and the service concerned so we can explain the outcome for your order. Any refund required by applicable law will be provided.
Accessories and gift cards are non-refundable under our change-of-mind policy. If an accessory is defective, contact us for a replacement or substitute item. A gift card that does not work will be investigated and corrected or replaced. This does not limit remedies required by applicable law.
Gift cards are digital, have no expiration date and can be used for our products.
Request a cancellation or a written copy of this policy through info@smileboutiqueny.com or (347) 630-5474. Full details are in the Refund Policy.
7. Shipping Policy
Standard production begins only after your physical impressions have both been received by Smile Boutique NY and approved.
- Flippers and partial dentures: 6–7 BUSINESS DAYS.
- Snap-on veneers, retainers and mouth guards: 3 BUSINESS DAYS.
Time spent taking impressions, sending them to us and shipping the finished appliance is separate. These are production times, not total delivery estimates. Separately agreed rush-service schedules remain separate.
Delivery estimates and tracking depend on the selected carrier service and destination. Shipping is separate from production. Please provide accurate address information; changes after dispatch may involve carrier fees and delays. International customs duties, taxes and import charges are your responsibility where applicable.
If we cannot meet an applicable shipment deadline, we will notify you and provide any delay-consent or cancellation/refund options required by law.
Inspect your package upon delivery. Report shipping damage to the carrier and to us within 48 hours of delivery. Please keep the packaging and send your order number, a description and photos of the damage so we can review the issue. This reporting request does not remove any rights you have under applicable law.
If tracking suggests your package is lost, open an investigation with the shipping carrier. Allow approximately 2–3 BUSINESS DAYS for a response, then contact us again with the carrier’s response and claim number. If the response is still pending after that period, contact us with the claim number so we can follow up; you do not need to wait indefinitely.
If the carrier confirms that the package is lost, we provide a replacement at no additional cost. Carrier response times may vary. This process does not limit any rights or remedies required by law.
8. Limited Warranty & Fit Support
Free fit support is available for 60 days after delivery. Request each needed adjustment or remake within that 60-day period. Covered adjustments and remakes are unlimited within this period, subject to the exclusions below.
Work requested within the 60-day period may be completed afterward. This does not extend the coverage period: additional adjustment or remake requests after day 60 are not covered for free, even if they concern the same fit issue.
For covered work, necessary fresh impression kits, return shipping and reshipment are included at no additional charge.
Report a suspected manufacturing defect within 60 days of delivery so we can evaluate it under our included limited warranty. For a verified manufacturing defect, we remake the appliance at our expense.
We may ask you to return the appliance for evaluation. When we require that return, we cover the shipping expense. The remake and its shipment to you are also covered. This remedy does not limit any additional rights you may have under applicable law.
Our included fit and manufacturing-defect coverage does not cover loss or theft after delivery; accidental damage; damage caused by misuse, improper care or alterations; later changes to your dental structure; or a shade or design that was made as you selected but that you later prefer to change.
An alteration or repair does not automatically exclude an unrelated manufacturing defect. We evaluate the cause of the reported issue. Carrier-confirmed loss in transit is handled separately under our shipping policy.
Contact info@smileboutiqueny.com or (347) 630-5474 with your order number and a description of the issue. If you cannot find your order number, provide enough information for us to locate the purchase. Photos may help us assess a fit or defect issue. We will provide return instructions when a return is needed.
Request each needed fit adjustment or remake within 60 days of delivery. A requested evaluation, return or completion of that work may take place afterward. Reporting an issue within the window does not extend free coverage for further requests after day 60.
Details: Limited Warranty & Fit Support. These policies do not limit any rights or remedies that cannot be excluded under applicable law. Where the law requires a different remedy, refund or deadline, that requirement applies.
9. Design & Production Guidelines
Please share requests about tooth shape, shade, size or style before manufacturing begins. Once manufacturing starts, a change of preference is not grounds for a change-of-mind refund. This does not prevent covered adjustments, remakes or corrections of manufacturing defects.
10. Policy Updates
We may update these policies and will identify the effective date of a revised version. Changes to the terms of an existing order will be communicated to you and will respect your rights under applicable law.
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: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. Safe Use
Stop using an appliance that causes discomfort or an oral-health concern and contact us. Seek appropriate advice from a qualified dental professional. These precautions do not waive your rights or exclude liability that cannot lawfully be excluded.
13.4. Limits and Consumer Rights
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or reduces our express obligations under the Limited Warranty & Fit Support policy. These policies do not limit any rights or remedies that cannot be excluded under applicable law. Where the law requires a different remedy, refund or deadline, that requirement applies.
13.5. Professional Dental Care
Smile Boutique NY does not require a dentist visit within one month of delivery, or as a condition of ordering or receiving the covered fit remedies. Our products and customer support do not replace professional dental care. Seek advice from a qualified dental professional about your oral health and the suitability or safe use of an appliance.
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
These Terms are governed by New York law, except where applicable law requires otherwise. This choice of law does not remove mandatory consumer protections that apply to you. Nothing in these Terms requires you to give up rights that cannot lawfully be waived.
17. Questions and Payment Disputes
If you have a concern about your order or a payment, contact info@smileboutiqueny.com or (347) 630-5474 so we can review it and work toward a resolution.
Nothing in these policies limits your rights under applicable law or prevents you from contacting your card issuer, payment provider or a public authority. Contacting us does not extend any deadline those organizations apply.
If a payment dispute is opened, we may respond with relevant, accurate order, fulfillment and communication records as permitted by law. We do not impose an automatic penalty merely because you raise a concern or dispute a payment.
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. Updates to These Terms
We may update these policies and will identify the effective date of a revised version. Changes to the terms of an existing order will be communicated to you and will respect your rights under applicable law.
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 contact and shipping information.
- Follow impression, care and safe-use instructions.
- Request each needed fit adjustment or remake, and report suspected manufacturing defects, within 60 days of delivery under the included coverage.
- Report shipping damage within 48 hours of delivery.
- Seek professional dental care when needed; there is no mandatory post-delivery appointment under these Terms.
21. Limitation of User Actions
- Interfere with or disrupt our Services
- Reverse engineer or tamper with any appliances or website content
- Engage in fraudulent or illegal activities
