Terms and Conditions
Terms and Conditions
Welcome to Smiink online. The following Terms and Conditions, Privacy Policy, and any other laws or regulations which apply to the Site, collectively constitute the rules that govern usage of the Smiink website, related websites, and the products and services provided there in.
Applicable Law
This Site is created and controlled by Smiink in the State of Victoria, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Victoria, will govern these Terms and Conditions. By using this site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums.
Smiink may from time to time modify its Terms and Conditions, policies, or the content of the Site, without notice. Please read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless Smiink is required to make the change by law.
Eligibility
In order to make purchases through this Site, you will be requested to provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals who meet the Smiink terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to Smiink, applications must be acceptable to Smiink and who have authorised Smiink to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise.
Smiink reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Smiink feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your personal information.
We reserve the right to only accept orders from those over the ages of 18, or 21 as legislated by the customer’s state of residence.
Intended Use
By placing an order with Smiink you agree to use the products only for their intended purpose. If you use the products for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
Intellectual property rights
The Site and all intellectual property rights, including trademarks, designs, graphics, logo and all software relating to this website, are owned by Smiink, or in some cases, a third party. These intellectual property rights are protected by Australian and international laws.
Your use of the Site and its content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to its Content (as described in the Content section below).
You are permitted to use the Content only as expressly authorised by Smiink, its third party licensors and subject to the Copyright Act 1968 (Cth Australia) and other related legislation. Any reproduction or redistribution of the above listed Content is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. Smiink makes no recommendations as to the use of any information on this Site which may infringe the intellectual property rights of Smiink or any third parties. Smiink makes no representations or warranties that individual’s use of the information on this Site will not infringe such intellectual property rights.
Content
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Smiink tries to ensure that the information on this site is accurate and complete.
The advice and information contained within this website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within this website is accurate, Smiink takes no responsibility for any loss or damage arising from its use.
Smiink does not promise that the Site Content is error-free. Smiink does not promise that the functional aspects of the Site or Smiink’ Content will be error free or that this Site, Smiink’ Content or the server that makes it available are free of viruses or other harmful components. Smiink recommends that all users of the Internet ensure they have up to date virus checking software and necessary firewalls installed on their personal computers.
No commercial use
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Third Party Sites
Smiink may include hyperlinks on this Site to other websites or resources operated by parties other than Smiink. Smiink is not responsible for the content or accuracy of any off-site pages nor is it responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. You link to these websites at your own risk.
Shipping
Orders are processed and shipped express on business days only (Monday through Friday, excluding public holidays). Dependent on your shipping address, delivery may take up to 10 (ten) working days.
Smiink Website Returns Policy
Customers who shop on the Smiink website may return UNOPENED and UNUSED products within 30 days of purchase for a full refund, exchange or credit.
Smiink does not accept returned products that have been opened or used and will only accept the return if it is accompanied with an original Smiink website receipt of purchase.
Any products ordered via the Smiink website that meet the requirements stated above will need to be returned to Smiink at the customer’s expense in order for the return to be processed. Before doing so, customers must email Smiink customer service via the “Contact Us” page to have the return authorized.
Smiink will not refund or provide credit on any freight/delivery costs incurred by the customer, nor will it accept returns that have not been authorized by customer service.