Our terms of use

Client: the counterparty that enters into an Agreement with the private company Smyle B.V., hereinafter referred to as: Smyle, or negotiates with it, as well as the counterparty that requests a quote from Smyle and receives a quote from Smyle. Agreement: the binding Agreement between Smyle (Smyle B.V., Hannie Dankbaarpassage 14, 1053 RT, Amsterdam) and the Client, in any form, as well as any amendments and supplements thereto and any (additional) orders placed under the Agreement.

These conditions apply to all offers and quotations from Smyle, as well as to all Agreements concluded by Smyle and the resulting activities, including the delivery of goods and services, excluding the general terms and conditions of the Client.

The conclusion of an Agreement, as described in Article 4 of these terms, implies that these terms have been accepted by the Client.

Deviations from these terms must be explicitly agreed upon in writing.

Deviations apply only to the specific offers and Agreements to which they relate. If Smyle does not always demand strict compliance with these terms, this does not mean that these terms do not apply and/or that Smyle loses the right to demand strict compliance with these terms in future, similar or non-similar cases.

If the Client is a natural person who does not act in the exercise of a profession or business, the articles of these terms, or parts thereof, that are unreasonably onerous for the Client because they appear on the list referred to in Article 6:236 of the Dutch Civil Code or are contrary to mandatory consumer law, do not apply.

The other provisions remain fully applicable in that case. The nullification and/or invalidity of any provision of these terms does not affect the validity of the other provisions of these terms. The conflicting, invalid provision is deemed to be replaced by a provision that does justice to the intention and scope of the original provision as much as possible.

All offers and quotations from Smyle are non-binding, unless explicitly stated otherwise in writing, or if they contain a term for acceptance.

If an offer or quotation contains a non-binding offer and is accepted by the Client, Smyle has the right to withdraw the offer within 5 days after receipt of the acceptance.

Offers and quotations from Smyle can only be accepted by the Client without deviations. Oral offers and quotations are not binding unless they are confirmed in writing by Smyle.

All specifications of sizes, dimensions, quantities, weights, rates, and processing possibilities provided by Smyle are communicated with the utmost care, but Smyle does not guarantee that there will be no deviations.

An Agreement is only concluded by written confirmation and acceptance by Smyle.

The text of a confirmation, as described in paragraph 1 of this article, determines the content of the Agreement.

If the Client does not object to the text and content of a confirmation, as described in paragraph 1 of this article, within 3 days after receipt, it binds the Client.

If multiple (legal) persons are intended as the Client, they are all jointly and severally liable for the fulfillment of the Agreement.

If the Agreement is concluded on behalf of the Client by a third party, this third party guarantees that the Client has accepted these terms, failing which the third party is bound by these terms as if they were the Client. Smyle is entitled to engage third parties for the execution of the Agreement.

Unless expressly agreed otherwise in writing by Smyle, the Client is prohibited from transferring rights or obligations from the Agreement to third parties.

Smyle is authorized to refuse a request to enter into an Agreement for its own reasons, in whole or in part, or to suspend the execution of ongoing Agreements.

This authority may be invoked, among other things, due to the content, nature, scope, or form of such a request, as well as due to technical objections, refusal of (advance) payment, or a conflict of the request with the interests of Smyle or third parties, including other Clients.

The Client cannot rely on an Agreement if it appears before or during the execution of the Agreement that the data provided by the Client regarding sizes, dimensions, weights, and quantities are incorrect or incomplete. In that case, Smyle reserves the right not to execute or further execute an Agreement.

In that case, Smyle can never be held liable for any compensation for damages to the Client, without prejudice to Smyle's right and ability to claim compensation for damages from the Client or to execute the Agreement at a higher price than agreed, to which payment the Client is then obliged.

The Client bears the risk of misunderstandings regarding the content and execution of the Agreement if these are caused by Smyle not, not correctly, not timely, or incompletely receiving specifications or other communications that were made orally or by a person designated by the Client or conveyed by any technical means such as telephone, fax, and similar transmission media.

A complete or partial modification of the Agreement by the Client is only possible if Smyle agrees to this in writing. If a complete or partial modification of the Agreement leads to additional costs, Smyle is entitled to charge compensation to the Client, in which case all additional costs are passed on to the Client.

The Client is also fully liable to third parties for the consequences of the modification in the Agreement and indemnifies Smyle in this regard.

Unless expressly agreed otherwise in writing by Smyle, the Client is not entitled to cancel the Agreement in whole or in part.

To a written agreement as mentioned in paragraph 3, Smyle at least links the condition that it is entitled to charge the Client a compensation, which cannot be less than 20% of the invoice amount of the canceled Agreement.

The Client remains furthermore obligated to compensate the damage incurred by Smyle. This damage includes the losses and lost profits incurred by Smyle and in any case, the costs that Smyle has already incurred in preparation, including those of reserved production capacity, purchased materials, engaged services, and storage. In the event of complete or partial cancellation by the Client, the Client is furthermore fully liable to third parties for the consequences of the cancellation and indemnifies Smyle in this regard.

If during the execution of the Agreement, it appears to Smyle that it is necessary for proper execution to modify and/or supplement the work to be performed, Smyle will inform the Client of this, after which the Agreement may be modified in whole or in part. Smyle can never be held liable for any compensation for damages to the Client due to such a modification.

All prices provided by Smyle are exclusive of VAT and other government-imposed levies and increases, unless explicitly stated otherwise in writing.

The price quoted by Smyle for the performance to be provided by her only applies to the performance in accordance with the agreed specifications.

Smyle is entitled to separately charge the Client for additional costs, which are not explicitly included in the Agreement, if these costs are necessary for the execution of the Agreement.

In such a case, the Client will be informed in writing as soon as possible.

Smyle is entitled to increase its prices and rates by 100% if it has to perform work at the Client's request on Saturdays, Sundays, and public holidays.

If, after concluding the Agreement, the prices for the realization of the Agreement increase before Smyle has fully executed its obligations under the Agreement, Smyle is entitled to adjust and change its prices accordingly, provided that 3 months have passed since the conclusion of the Agreement.

The amounts due under the Agreement will be invoiced. Payment must be made within the payment term mentioned in the Agreement, which is the fatal payment term.

If no payment term is specified in the Agreement, payment must be made within 14 days of the invoice date, which is the fatal payment term.

The Client cannot invoke any right to discount, suspension, or withholding.

Compensation by the Client is only permitted if Smyle has acknowledged the Client's claim in writing.

Smyle is entitled, in the case of an agreed delivery in parts, to demand payment for the entire delivery after delivering the first part, as well as the payment for the costs incurred for the entire delivery.

The Client is always required, regardless of the agreed payment conditions, to provide security for the amounts due to Smyle under the Agreement upon Smyle's first request.

The provided security must be sufficient to cover the claim, including any interest and costs that may apply. Any insufficient security must be supplemented upon Smyle's first request.

The Client is also always required, regardless of the agreed payment conditions, to pay an advance for the amounts due to Smyle under the Agreement, particularly regarding any shipping and postage costs associated with the execution of the Agreement (in the broadest sense of the word).

Payments are considered to have been made first to settle the accrued interest and costs, and subsequently to settle the oldest outstanding invoice.

If the fatal payment term is exceeded, the Client is in default by operation of law and owes a contractual interest of 1.5% per month (cumulative) on the amount due, with each commenced month counting as a full month, without prejudice to the other rights that Smyle may invoke against the Client due to non-payment or late payment.

Smyle is entitled and authorized, in case of default as described in paragraph 6 of this article, to immediately suspend and cease the execution of the Agreement until the Client has fully met its outstanding financial obligations. If Smyle is forced to transfer its claim to a third party, all costs associated with this, including legal and extrajudicial costs, will be borne by the Client, with the latter being fixed at 15% of the amount to be claimed, with a minimum of €500.

Until the Client has fully fulfilled all obligations under the Agreement, particularly the payment of all outstanding invoices, interest, and costs included, Smyle is entitled to retain all items of the Client (right of retention).

The right of retention also applies if the Client is declared bankrupt or is threatened with bankruptcy or has applied for suspension of payment.

The Client is required to immediately inform Smyle in writing if third parties wish to assert (establish) rights on items held by Smyle.

Smyle is free in the manner in which it executes the Agreement unless explicit written agreements have been made between the parties.

All Agreements are executed by Smyle in an order determined by her, with the capacity of the available equipment, machinery, and personnel and the degree of occupancy thereof also determining the start and end of the work.

Smyle is not obliged to deliver goods in parts, although Smyle has the right to fulfill the Agreement in partial deliveries. Each delivery in parts should be considered a separate transaction.

The Client must ensure that Smyle has all the materials, data carriers, information, and instructions needed for the execution of the Agreement in her possession in a timely manner, at least upon Smyle's first request. Delivery should be made according to the delivery specifications used by Smyle. The conclusion of an Agreement, as described in article 4 of these conditions, implies that the delivery specifications of Smyle have been accepted by the Client.

The delivery of materials and printed matter must be free of charge and delivered to the address specified by Smyle. The Client guarantees the accuracy, clarity, and completeness of the materials, data carriers, information, and instructions made available to Smyle for the execution of the Agreement and indemnifies Smyle against any claims from third parties of any kind.

If the Client does not provide the materials, data carriers, information, and instructions needed for the execution of the Agreement in a timely manner, completely, or in accordance with the specifications used by Smyle, or if the Client otherwise fails to meet its obligations to Smyle, Smyle is entitled and authorized to immediately suspend and cease the execution of the Agreement or to dissolve, cancel or amend the Agreement in whole or in part. Smyle can never be held liable for any compensation to the Client as a result of such suspension, dissolution, cancellation, or amendment. In case of dissolution, cancellation, or amendment of the Agreement, Smyle has the right to charge the Client a compensation of 50% of the invoice amount of the dissolved, canceled, or amended part of the Agreement, in addition to the costs already incurred by Smyle for the execution of the Agreement, without prejudice to Smyle's right to full compensation. The Client is furthermore fully liable to third parties for the consequences of the dissolution, cancellation, or amendment and indemnifies Smyle against them.

The delivery times specified by Smyle can never be considered as a strict deadline unless explicitly agreed otherwise in writing.

The mere expiration of the delivery term does not constitute default on the part of Smyle, even in the case of an explicitly agreed strict delivery term.

In the event of late delivery, Smyle must first be given written notice of default by the Client, whereby Smyle must be given a reasonable period to fulfill the obligation, which period can never be shorter than 30 days. Smyle can never be liable for damages and in default within this period.

Unless explicitly agreed otherwise in writing, delivery takes place from Smyle's premises (including the premises of potential subcontractors of Smyle). The time of delivery is the moment when the goods leave Smyle's business, warehouse, or other storage location.

The Client is obliged to do everything reasonably necessary or desirable to enable timely delivery by Smyle, particularly by promptly responding to inquiries from Smyle.

If the Client fails to comply with the provisions in the previous paragraph of this article and paragraph 4 of article 7, an explicitly agreed strict delivery term is no longer binding, and the Client is in default without requiring a written notice of default from Smyle. Smyle is then, without prejudice to the rights conferred to her by law, entitled to suspend the execution of the Agreement until the Client has remedied this default. Smyle will then execute the Agreement within a reasonable term.

The method of transport, shipment, packaging, and the like is determined by Smyle, unless explicit written instructions have been provided by the Client to Smyle. All this is always at the expense and risk of the Client. Even in the case of agreed free delivery and even if a distributor requires the clause on consignment notes, shipping addresses, and the like that all transport damage is at the expense and risk of Smyle. Smyle is therefore never liable for damage of any kind and form related to the transport up to delivery.

Smyle is not responsible for the storage of the goods to be delivered unless explicitly agreed otherwise in writing. If storage takes place, it is at the expense and risk of the Client.

Smyle will make every effort to ensure that the goods and services delivered by her meet the reasonably required standards.

The Client is obliged to thoroughly inspect the performances and goods delivered by Smyle immediately after the execution of the Agreement for errors and defects and to notify Smyle in writing immediately, but no later than within 5 days after execution and delivery.

If the Client does not point out the errors and defects to Smyle within 5 days after the day of execution and delivery, which could have been detected with thorough investigation, the Client is deemed to have agreed to the condition in which the performances mentioned above have been delivered and the right to complain expires.

The Client is required to specify the detected errors and defects accurately, providing relevant evidence.

Smyle must be given the opportunity to inspect the errors and defects identified by the Client immediately. If the errors and defects identified by the Client are justified in the opinion of Smyle, Smyle will have the choice either to grant a fair compensation, taking into account the provisions of Article 13, or to provide an adequate solution in consultation with the Client, such as repairing the errors and defects free of charge. In that case, the Client can never claim any replacement or additional compensation.

The performances and goods delivered by Smyle are in any case considered sound if the Client has used, processed, or delivered the delivered goods or part of them, or has had them used, processed, or delivered to third parties, unless the Client has observed the provisions of this article.

If the period of 5 days mentioned in the first and second paragraphs of this article must be considered unreasonably short for a careful and alert Client, it will be extended to the first moment at which the investigation or notification to Smyle is reasonably possible for the Client.

The Client is not entitled to dissolve the Agreement or to wholly or partially fail to meet, suspend, or delay its obligations if Smyle fails to properly fulfill its obligations under the Agreement unless there is gross negligence or serious fault.

Smyle accepts no liability for damage suffered by the Client, unless this is the result of an attributable shortcoming or an unlawful act by Smyle. In that case, Smyle is only liable to the extent that this liability is covered by Smyle's insurance, and only up to the amount paid out by the insurer.

If Smyle's insurer does not pay out for any reason, or if the damage is not covered by the insurance, the liability in such cases is limited to the invoice amount of the Agreement with a maximum of €5,000. Smyle is not obliged to further compensate for damage and costs, of any kind and nature, including business damage, immaterial damage, or other consequential damage of the Client.

Smyle is not liable for any damage, loss, or destruction, including theft, of the Client's property that is stored with Smyle or third parties engaged by Smyle, in processing, or being transported.

Smyle is also not liable in cases of force majeure, as described in Article 14 of these conditions.

The limitations contained in this article do not apply if the damage is the result of intent or gross negligence by Smyle.

The Client must ensure the insurance of its property stored with Smyle or third parties engaged by Smyle, in processing, or being transported, at its own expense.

Circumstances beyond Smyle's control, whether foreseeable at the time of the conclusion of the Agreement or not, which are such that Smyle can no longer reasonably be expected to comply with the Agreement, are considered force majeure, whether permanent or temporary, and release Smyle from the obligation to comply.

Force majeure includes, but is not limited to: war, unrest, natural disasters, storm damage, floods, abnormal weather conditions, snow, snowstorms, frost, strikes, exclusion of or lack of personnel, defects in auxiliary and transport equipment, traffic obstructions, theft of goods, non-performance by third parties engaged by Smyle, as well as all obstructions caused by government measures. Power of suppliers and distributors, as well as delivery problems in case of so-called difficult-to-deliver addresses such as houseboats, caravans, houses without mailboxes, closed flats, and apartment complexes also fall under this force majeure provision.

In the event of force majeure, Smyle has the right to dissolve the Agreement in whole or in part without judicial intervention, without the Client being entitled to compensation

If the Client fails to fulfill its obligations under the Agreement or if circumstances as mentioned in paragraph 2 of this article occur, Smyle has the right to immediately dissolve the Agreement, without requiring a notice of default. In that case, the Client is not entitled to any compensation and is obliged to compensate all damage, interest, and costs resulting from the interim dissolution or termination to Smyle.

Smyle is entitled to dissolve the Agreement if the Client fails to pay on time or meet other obligations under the Agreement (including these conditions), or if any of the following circumstances occur or threaten to occur: a. Attachment is made on one or more of the Client's assets; b. The Client's bankruptcy is requested; c. The Client is declared bankrupt; d. The Client is granted suspension of payment, whether provisional or not, or such suspension is requested by the Client; e. The Client dies or is placed under guardianship; f. The Client's business is discontinued and/or dissolved and/or liquidated and/or transferred to a third party; g. Smyle is declared bankrupt; h. The Client acts or omits actions that seriously damage the reputation of Smyle or third parties, including other Clients; i. The Client no longer complies with rules or regulations established by or under the law; j. The Client reports a payment arrears.

If Smyle has already performed services under the Agreement at the time of dissolution, these services and the associated payment obligations will not be subject to reversal.

The Client guarantees that all items made available to Smyle, of any kind and form, do not infringe on the rights of third parties under national and international legislation in the field of industrial and/or intellectual property or the right concerning unlawful acts and indemnifies Smyle against all claims of third parties in this regard.

The Client also guarantees that the content of all items made available to Smyle does not violate any legal or other government-imposed provisions and regulations, including the provisions and regulations of the Dutch Advertising Code and the Special Advertising Codes, and indemnifies Smyle against all claims of third parties in this regard.

Smyle is entitled and authorized to refuse a request to enter into an Agreement in whole or in part for its own reasons or to suspend and cease the execution of ongoing Agreements if the items made available to Smyle infringe on the rights of third parties as mentioned in paragraph 1 or violate the provisions and regulations mentioned in paragraph 2, or if any doubt arises or remains. In such cases, Smyle can never be obliged to compensate for damage to the Client, without prejudice to Smyle's right and possibility to claim compensation for damage from the Client.

The Agreements to which these terms and conditions apply and the subsequent Agreements arising therefrom are exclusively governed by Dutch law.

All disputes arising from the Agreements to which these terms and conditions apply or from subsequent Agreements, including their execution, will be exclusively settled by the competent court in Amsterdam or a court of Smyle’s choosing.

These terms and conditions are filed with the Chamber of Commerce and Industry in Amsterdam.

In the event of an interpretation of the content and scope of these terms, the Dutch text is always decisive.

These general terms and conditions may be amended and adjusted. Any future amendments and adjustments also apply to Agreements concluded before the date of amendment and adjustment, unless explicitly agreed otherwise in writing.

The amendments and adjustments take effect 21 days after the announcement, unless otherwise stated at the time of the announcement.

In addition to the provisions mentioned in Articles 1 to 18, the following Articles 19 to 22 also apply to all offers, quotations, and Agreements related to e-Fulfilment.

The goods to be processed and/or delivered must be delivered in a timely manner, carriage paid, free of costs, and in good condition to the address of the warehouse (storage space) of Smyle or to an address specified by Smyle, accompanied by a delivery note or consignment note. Smyle is neither responsible for the content of the received goods nor for hidden defects in any way. The content and quantity of goods per package must be clearly indicated on the delivery note or consignment note. The goods to be processed and/or delivered must be delivered in a timely manner, carriage paid, free of costs, and in good condition to the address of the warehouse (storage space) of Smyle or to an address specified by Smyle, accompanied by a delivery note or consignment note. Smyle is neither responsible for the content of the received goods nor for hidden defects in any way. The content and quantity of goods per package must be clearly indicated on the delivery note or consignment note.

Unless otherwise agreed, transport to delivery is carried out by Smyle at the expense and risk of the Client. This transport is subject to the application of the latest version of the General Transport Conditions AVP/AVG.

The Client declares to be familiar with the content of these conditions. In the event that a provision of these terms is contrary to the mentioned conditions, the provision of these general terms and conditions prevails, without prejudice to the validity of the other provisions of the mentioned conditions. The delivery date of the goods to be processed and/or delivered is always the date on which the goods are delivered to the distributor for shipment by Smyle. It is never the date of receipt by the addressee.

If printed matter, letters, and the like are sent by "postage paid" or machine-franked by the distributor, the delivery date or shipping date is the date of the receipt issued by the distributor for this purpose.

The goods to be processed and/or delivered by Smyle remain at the expense and risk of the Client. Smyle is therefore not liable for any damage related to the goods in storage, however named and for whatever reason caused. The Client is required to adequately insure them, including but not limited to theft, fraud, loss, and/or damage, unless explicitly agreed otherwise in writing.

If it is necessary to pay more postage and freight costs than those previously agreed upon, Smyle is authorized and entitled to charge these additional costs to the Client without the Client's intervention.

This Smyle website is operated by Smyle BV. Throughout the site, the terms “we”, “us” and “our” refer to Smyle. Smyle 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 and Conditions of Service”, “Terms”, “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms 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 and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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 are considered an offer, acceptance is expressly limited to these Terms and Conditions 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 Woocommerce or Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store.

We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order someone places with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

Products ordered from us will be delivered by our logistical partners. Proof of delivery is only provided with certain services.

Dispatch will be made as soon as reasonably possible after your order is accepted and in any event within 30 days of your order. We cannot guarantee the estimated delivery times listed on our website. Actual delivery times can vary based on your location and circumstances impacting delivery that are out of our control (including public holidays and force majeure scenarios). You will not hold us liable for any delays that are out of our control.

You must report incorrect, incomplete or missing deliveries promptly by filling our our contact form.

Please ensure that your address and contact details are kept up to date on your account. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

When signing up to Smyle you are agreeing to our regular service of oral care products delivered to your named delivery address.

You are also agreeing to take responsibility for the safety of these goods once delivered to your stated delivery address. You must have an account to order and purchase products from us.

You must have correct, accurate and valid card payment details entered on your customer account.

When you complete the purchase of our Subscribe & Save option, you will automatically be subscribed to a regular order and delivery of products from wesmyle.com.

The Smyle subscription is a tailor-made subscription based on criteria you specified about your preferences on our online stores upon completion and registration of your customer account.

The total price paid by you for the Smyle subscription includes VAT.

The cost will be displayed on the website prior to you confirming your order. At this point, you can change your details and the details of your deliveries before continuing with the order and purchase. The total price of your past and future orders is also visible in your customer account pages.

We reserve the right to vary the contents of your order without notice and at our sole discretion. You can manage your future orders with us through your customer account.

The total price will be charged to the payment card we hold on your account for you at the time of the order processing for each specific order. We reserve the right to increase our prices.

Where a subscription account is held, price changes will occur in line with changes displayed on our website.

Your subscription will remain in effect until you cancel it. Details of how to cancel your subscription can be found in the FAQ section on our website.

If you cancel your Smyle subscription and subsequently reactivate at a different time the price for the Smyle subscription may be a different price than the price in effect for the Smyle subscription at the time of cancellation.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SMS/MMS mobile message marketing programme terms and conditions

Smyle (hereinafter, “We,” “Us,” “Our”) might in the future offer a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that you shall indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws and/or any comparably Law in the EU or national law of any country where the service is offered and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@wesmyle.com.

Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Smyle is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by nataional law or EU law or US law like the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to national, federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Amsterdam, before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect for American customers or its pendant in the European Union for all other customers. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Judicial Circuit in which Smyle’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA or a similar entity in the EU to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Arbitration Acts that apply. The parties also agree that the rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA or a similar section in the EU articles. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorised by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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 merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Smyle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 countries or 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.

You agree to indemnify, defend and hold harmless Smyle and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, 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.

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 enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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.

Article 33: Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

The Smyle mobile message service (the "Service") is operated by Smyle (“Smyle”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Smyle’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of Smyle via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any Do Not Call register. Text messages may be sent using an automatic telephone dialing system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Smyle. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Smyle mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email hello@wesmyle.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice @ https://wesmyle.com/pages/privacy-policy

Questions about the Terms of Service should be sent to us at hello@wesmyle.com.