Terms & Conditions

1. Definitions

As used in our Website Terms of Use, Order Terms, Promotional & Competitions Terms and Privacy Policy, the following terms (except as otherwise expressly provided or unless the context otherwise requires) shall have the meanings set forth below:

Business Day

Means a day on which authorised deposit-taking institutions (as that term is defined in the Banking Act 1959 (Cth)) are open for business in Brisbane but excludes, for the avoidance of doubt, Saturdays, Sundays and public holidays.

Change of Mind Policy

A conditional change of mind offer from Hismile to any customer that wants to return their unused and unopened product within 30 days of purchase.

Club Hismile Original (up to 10/09/2024 AEST)

A club for customers with an active toothpaste subscription. Club Hismile Original provides subscribers access to various Club Prices, Club Products, Club Flavours, and Club Offers. Customers with an active Toothpaste Subscription will continue to unlock access to Club Hismile Original.

Club Hismile (10/09/2024 AEST onwards)

A club that customers can join to become a member. Club Hismile provides members with access to various Club Prices, Club Products, Club Flavours, and Club Offers. Available to new members from Tuesday, 10 September 2024 (AEST).

Club Offer

Offers available in Club Hismile/Club Hismile Original that may not be available elsewhere onsite while featured as a Club Offer. This may include, Club Prices, Club Products, Club Flavours, or a collection of any of these offers. Club Offers are subject to availability and change without notice, may be available in other retailers, and may be available onsite outside of Club Hismile at other times.

Club Price

Lower prices for certain products in Club Hismile/Club Hismile Original. Club Prices are prices lower than the price of the item outside of Club Hismile on our Site. Items with Club Prices are subject to change without notice, may be available in other retailers, and may be available onsite outside of Club Hismile at other times.

Club Product

Products available in Club Hismile/Club Hismile Original that may not be available elsewhere onsite while featured as a Club Product. Club Products are subject to change without notice, may be available in other retailers, and may be available onsite outside of Club Hismile at other times.

Club Flavour / Cub Hismile Flavour / Club Hismile Monthly Flavour

Toothpaste and/or product flavours in Club Hismile/Club Hismile Original that may not be available for purchase elsewhere onsite at the time they run as the monthly flavour, and/or while featured as a Club Flavour. These flavours may be available in other retailers, and onsite outside of Club Hismile at other times.

Contract

The legal agreement reached between Hismile and customers for the sale of goods ordered through the Site.

Consumer Protection Laws

Any laws or regulations applicable to the jurisdiction of the Site relating to the sale of goods, including but not limited to acceptable quality of goods and customer rights to a refund or replacement for defective goods.

CX Team

The Hismile customer service team that manages your purchase orders and customer service requests.

Discount Code

A code that is entered in at the checkout stage to receive a discount on a product or service.

Gift Card

Is a prepaid digital gift card or eCard offered by Hismile to customers who want to send it to their friends or family as a gift. The gift card is emailed to customers in the form of an alphanumeric code that must be redeemed at Hismile online stores within 3 years. Gift cards cannot be replaced if lost or stolen and cannot be exchanged for cash.

Hismile

The Australian proprietary company Hismile Pty Ltd ACN 602 929 886.

Intellectual Property Rights

All present and future intellectual property rights in the website and all goodwill associated, including copyright, moral rights, trade marks, trade dress, patents, registered designs, unregistered designs, brands, the text, site design, logos, graphics, icons, sound recordings, images, audiovisual, domain names, and any other industrial or intellectual property rights, as well as the selection, assembly and arrangement thereof, are the sole property of, or have been licensed to, Hismile or our related entities. Unless otherwise specified, all software and applications used on the website (including underlying data and source code) are the sole property of, or have been licensed to, Hismile or our related entities. The aforementioned Intellectual Property Rights are protected by Australian and international laws.

Import Charges

The duties or import taxes payable by customers to customs or government authorities on imported parcels.

Order Confirmation

An email sent to the email address provided in checkout when your payment is approved to confirm the creation of your order with Hismile.

Privacy Policy

The Hismile company policy concerning the collection, use and disclosure of customer personal information.

Product Claims Form

The document to be completed and submitted by customers to Hismile CX Team when making a defective product claim.

Promotional Offer

Any marketing or sales initiative undertaken by Hismile on their Sites, including but not limited to % off sales, product giveaways and monetary discounts.

Returns Form

The document to be completed and submitted to Hismile CX team when returning a product due to a change of mind.

Site

The websites and associated features and mobile applications owned by Hismile and located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com

Site Account Portal

The account system login to view an order history or manage a subscription.

Shipping Confirmation

An email sent to the email address provided in checkout when your parcel has been shipped with the shipping service selected in the checkout.

Shipping Fees

The transportation fees charged by third party transport providers (e.g FedEx, DHL, Australia Post) nominated when placing an order on the Site.

Subscription Plans

a predetermined purchase order and billing arrangement between Hismile and customer at regular intervals of every month.

Terms

The Hismile Website Terms of Use, Order Terms, Promotional & Competitions Terms, Privacy Policy and any other Hismile policy documents referenced on the Site from time to time.

User Content

All content you upload or provide to the Site or associated Hismile social media pages, including submissions, comments, likes, dislikes, feedback, photos, information, videos, concepts or ideas.

2. Website Terms of Use

Hismile Pty Ltd ACN 602 929 886 (“Hismile”) maintains the websites and associated features and mobile applications located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com (collectively the "Site").

By browsing, accessing, using the Site or ordering a product through the Site, you agree to be legally bound by our Website Terms of Use, Order Terms, and Promotional & Competitions Terms (“Terms”). The references to “you” and “your,” as used in these Terms, refer to any person browsing, accessing, using the Site or ordering a product through the Site.

Please read these Terms carefully. We may change these Terms at any time, and the revised version will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

Table of contents

Acceptance of the Terms
Right to Enter the Site
Purchases
Accuracy of Information on the Site
Restrictions on Use
Termination
Ownership and Use of Materials
Intellectual Property
User Contact Information
Privacy Policy
User Generated Content
Links to External Sites
Dealings with Third Parties.
Limitation of Liability
Indemnity
General
Changes to These Terms
Viruses

1. Acceptance of the Terms

If you do not agree to these terms, you must not use the Site. Although you may bookmark a particular portion of the Site and bypass these Terms, your use of the Site still binds you to these Terms. If you have a question about these Terms, please email our CX Team at: help@hismileteeth.com.

2. Right to Enter the Site

Subject to your compliance with these Terms, Hismile grants to you a personal, non-exclusive, non-transferable, limited, revocable right to enter and use the Site. Any unauthorised use of the Site terminates the permission granted by Hismile to enter and use the Site.

If you are under 18 years of age, you should consult your parents about what portions of the Site are appropriate for you. The right to access the Site is revoked where this Contract or use of the Site is prohibited or to the extent offering, sale or provision of any services conflicts with any applicable law, rule or regulation.

You are solely responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you.

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse access to the Site to any person or entity and change our eligibility criteria at any time.

3. Purchases

The products offered for sale on the Site are subject to availability, and the prices for such products are subject to change without prior notice. Payment must be made through our current payment platform of choice.

Before making a purchase through the Site, please review our Order Terms, Promotions & Competitions Terms and Privacy Policy. If you purchase a product or service through the Site, you represent that you are at least 13 years of age and have parental consent if under the age of 18.

4. Accuracy of Information on the Site

Hismile attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the Site you acknowledge that Hismile will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on the Site. If you find any information on the Site to be inaccurate, please alert our CX Team at: help@hismileteeth.com.

5. Restrictions on Use

Without our prior written consent, you may not:

use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or
frame the Site, utilize framing techniques to enclose any trade mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. As such, you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity to obtain Materials (as that term is defined below), lists of users, or other information for an unauthorized purpose.

You may not, without our prior written permission, use any meta tags or any other “hidden text” that includes our name, or trademarks, or use any Hismile logo or other proprietary graphic, or trademark as part of a link. You agree that you will not use the Site in any manner that is inconsistent with or violates applicable law or these Terms or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You also agree not to do any of the following while using the Site:

Gather any person’s information available from the Site or transmit any unsolicited advertising, junk mail, “spam,” or chain letters;
Impersonate or misrepresent your affiliation with any person or entity or create a false identity to mislead Hismile or others;
Submit false or misleading information;
Submit or transmit any User Content that infringes a third party's intellectual property rights or rights of publicity or privacy or that is unlawful, untrue, fraudulent, harassing, libellous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of Hismile or other persons, or is otherwise objectionable;
Violate any other policies stated on the Site;
Repeat any action after you receive a warning or request from Hismile to stop, whether or not that action is explicitly prohibited in our policies;
Fail to respond to communications from us regarding a violation, dispute or complaint; or
Purchase product(s) from the Site with the intention of re-selling the product(s).

6. Termination

Hismile may terminate your use of the Site for any reason, including, without limitation, if Hismile believes that you have violated or acted inconsistently with these Terms. Hismile may also modify or discontinue providing the Site, or any part thereof, with or without notice. Hismile is not liable to you or any third party for any termination of your access to the Site, or any modification or termination of the Site.

7. Ownership and Use of Materials

All Intellectual Property Rights in the website are owned, controlled or licensed by Hismile or our related entities.

Except as expressly provided in these Terms, you may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, republish, distribute, print (other than for your personal, non-commercial use), upload, display, perform, remove any credits, publish post frame in another website, create derivative works, modify, or otherwise use or commercialise any materials from any part of this website without prior permission from Hismile, or in the case of third party material, from the owner of the intellectual property rights in that material. Any unauthorised use of the materials appearing on the website may violate copyright, trade mark, and other applicable laws, and could result in criminal or civil penalties.

If you wish to reproduce, copy, distribute, or communicate any of the content on this website, please contact help@hismileteeth.com.

8. Intellectual Property Rights

All Intellectual Property Rights are the sole property of, or have been licensed to, Hismile or our related entities. You acknowledge and agree that nothing in these Terms and Conditions grants to you any licence, title, interest, or right, to any of the Intellectual Property Rights.

This website includes Hismile’s or our related entities’ proprietary trade marks (whether registered or non-registered), including but not limited to, HISMILE (word), Lips Logo (pictured below), SMILE CARE (words), HISMILE SMILECARE (words), V34 (word), V34 COLOUR CORRECTOR (words), FIZZ (word), GLOSTIK (word), SMILESTIKA (word), SMILECHEW (word), HISMILETEETH (word), CLUB HISMILE (words), HISMILE PROFESSIONAL (words), and HISMILE SMILE SCHOOL (words).

Related brand indicia and product trade dress are also owned by Hismile or our related entities. The unauthorised use of any Hismile or related entity trade marks, brand indicia, trade dress, or other Intellectual Property Rights, is strictly prohibited.

We respect the intellectual property rights of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify our CX team at: help@hismileteeth.com.

9. User Contact Information

You represent and warrant that all contact information that you submit to Hismile through the Site is complete and accurate. By submitting your email and / or contact information to Hismile through the Site (e.g. “Contact Us” link, “Live Chat” box, “Subscriptions” page or “Help Centre” page) or through associated social media pages (e.g. “Hismileteeth Instagram”, “Hismile facebook”, “Hismile twitter”, "hismile snapchat" etc.) you authorise Hismile to send emails and / or text messages to you. If you do not want to receive emails from Hismile, you may request to be removed from our mailing list by emailing us at: privacy@hismileteeth.com. If you do not wish to receive text messages from Hismile, you should follow the unsubscribe function within the text message. If Hismile has reasonable grounds to believe that the information you provided is untrue, inaccurate, incomplete, or outdated, Hismile may suspend or terminate your Account. Please note, it may take Hismile up to fourteen (14) days to remove you from our mailing list.

10. Privacy Policy

Your privacy is important to Hismile. Please review our Privacy Policy regarding information we collect through your use of the Site.

11. User Generated Content

You represent and warrant that all content you upload or provide to the Site or associated social media pages, such as submissions, comments, likes, dislikes, feedback, photos, information, videos, concepts or ideas (collectively “User Content”) does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

Subject to our Privacy Policy and applicable law, you acknowledge and agree that the User Content that you submit or upload to the Site, our social media pages (e.g. “Hismileteeth Instagram”, “Hismile facebook”, “Hismile twitter”, "hismile snapchat" etc.) and 3rd party review platform (e.g Trustpilot) may be stored in our database vault and will be treated as non-confidential. You grant to Hismile and our related entities, successors, and assigns, a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right and licence to use, reproduce, store, modify, distribute, create derivative works based on, perform, display, communicate, transit, and otherwise make available any and all User Content (in whole or in part) for any purpose and without any compensation to you.

To the extent permitted by law:

You agree to hold Hismile harmless from any damages suffered or claims asserted by a third party as a result of any User Content you submit through the Site;
You may be held legally responsible for damages suffered by Hismile or third parties as a result of legally actionable User Content that you submit through the Site;
Hismile is not legally responsible for any comments, information, or other User Content posted or made available on the Site by you or a third party, even if such information is defamatory or otherwise legally actionable.

12. Links to External Sites

We may provide links on the Site or connected blog, to independent websites owned and operated by third parties not under the control of Hismile. These links are not intended as an endorsement by Hismile of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using the Site or connected blog, you acknowledge that Hismile is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. Dealings with Third Parties.

Your correspondence or business dealings with third parties, such as distributors or third-party shipping services, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party. You agree that Hismile is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

14. Limitation of Liability

You expressly understand and agree that Hismile and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors:

are not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Hismile has been advised of the possibility of such damages), however arising (including negligence), and
will in no event be liable to you for any claims arising from your use of the site or these terms in an amount greater than U.S. $50.00. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:

supplying your ordered products again; or
payment of the Shipping Fee to have your ordered products supplied again.

To the maximum extent permitted by law, if for any reason we are directly or indirectly liable to you in respect of any products provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those products.

15. Indemnity

You agree to indemnify, defend and hold Hismile, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable lawyer or attorneys’ fees), allegations, losses and liabilities arising from or related to:

your violation of these Terms
your use of the Site
information that you submit or transmit through the Site
your access to or use of linked sites, and
any dealings between you and any third parties referenced on the Site.

16. General

If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect the validity or enforcement of the remainder of these Terms.

These Terms are governed by and are to be construed in accordance with the law applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia.

17. Changes to These Terms

Hismile may modify, add, or delete portions of these Terms without prior notice. Although Hismile will post a notice of any material change to the Terms on the Site for 30 days, you are responsible for checking the Site periodically for changes to these Terms. By continuing to use the Site after Hismile posts any changes, you agree to be bound by these Terms, as modified. Your access and use of the Site is subject to the most current version of these Terms, which were last updated on April 24th, 2025.

18. Viruses

Hismile cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions, which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Hismile entirely of all responsibility for any consequences of its use. You should contact Hismile immediately if you become aware of any problems with the security or data of the website at: help@hismileteeth.com.

3. Order Terms

Hismile Pty Ltd ACN 602 929 886 (“Hismile”) maintains the websites and associated features and mobile applications located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com (collectively the "Site").

By browsing, accessing, using the Site or ordering a product through the Site, you agree to be legally bound by our Website Terms of Use, Order Terms, and Promotional & Competitions Terms (“Terms”). The references to “you” and “your,” as used in these Terms, refer to any person browsing, accessing, using the Site or ordering a product through the Site.

Please read these Terms carefully. We may change these Terms at any time, and the revised version will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

Table of contents

Customer Registration
Placing an order
Acceptance or Rejection of an Order
Prices, Fees and Charges
Order Cancellation
Shipping and Warehouse Dispatch
Shipping and Delivery Policy
Subscriptions
Change or Cancel Subscriptions
Returns Policy
Digital Gift Cards
Product Disclaimers

1. Customer Registration

You may create a customer account through the Site before placing an order with us. To register for an Account, you must provide us with accurate personal information including your full name, a valid email address and create a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. Any personal information that you give us will be held and used in accordance with our Privacy Policy.

You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and legal action may be taken against you.

2. Placing an order

You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.You agree to provide us with current, complete and accurate details when asked to do so by the Site.

You must pay the price stated on our website as being the purchase price for the relevant products for an order to be made. It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. For mistaken purchases, you can return the products to us in accordance with the Returns Policy.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. By placing an order with us, you warrant and represent to us that:

You understand the nature and effect of the Terms and agree to be bound by them;
You are authorised and legally permitted to purchase the products being ordered;
You are authorised and legally permitted to effect payment for the products being ordered using the payment method selected; and
The information provided to us in connection with your purchase is accurate and complete.

3. Acceptance or Rejection of an Order

When you place an Order, you will receive from us an Order Confirmation to the email you provided at checkout. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract for your product order will not be formed until you receive our Shipping Confirmation.

We may at our discretion refuse to accept an order from you for any reason, including but not limited to:

Unavailability of stock (in which case we may ask you to re-submit your order or offer you an alternative product);
We suspect that you might on-sell our products to other consumers;
if we suspect your order is fraudulent, or suspect credit card or payment-related fraud;
if there has been an error in the imagery, price or product description on the Site; or
if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
The product is advertised for sale and shipping with a certain territory, and the sale and/or the shipping address is located outside of that territory (in which case, we will cancel the order and you will receive a full refund);

4. Prices, Fees and Charges

The prices of our products and shipping fees displayed on the Site are current at the time of order confirmation, however, we reserve the right to change prices at any time before order acceptance (i.e. Shipping Confirmation).

All prices shown in our store Site will be subject to different currencies outlined below:

Country	Store Site	Currency
Australia	www.hismileteeth.com	AUD
Canada	ca.hismileteeth.com	CAD
Europe	eu.hismileteeth.com	EURO
United States	us.hismileteeth.com	USD
United Kingdom	uk.hismileteeth.com	GBP
International	int.hismileteeth.com	USD

We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

the purchase price of each product that is ordered inclusive of GST or VAT (unless otherwise indicated);
the shipping fees for delivering the products to you; and
all other fees and charges identified in these Terms.

Payment may only be made in the methods provided on our website. Unless otherwise stated on our Site, the purchase price of the product does not include third party shipping fees (“Shipping Fees”) of our transport or shipping providers (e.g. FedEx, DHL, Australia Post). We will not dispatch any orders until the purchase price, shipping fees and any other applicable fees or charges have been received.

When, or after delivery of your order is made, there may be additional fees, duties or excise taxes (“Import Charges”) assessed or levied by government, postal or customs authorities in relation to your order. Import Charges are not included in our Shipping Fees, and must be paid by you separately to the relevant government or customs authorities.

You will not be entitled to reimbursement from us for Import Charges payable in relation to your order. If you fail to pay the Import Charges and your order is returned to us undamaged and in saleable condition, we will provide you with a refund of your order excluding applicable Shipping Fees. In the event delivery of your order is rejected by government, portal or customs authorities for unpaid Import Fees and is not promptly returned to us, we will deem your order delivered and will not send another parcel or make a refund.

5. Order Cancellation

Prior to order dispatch, we may cancel an order or reduce your products without notice if we believe, in our sole discretion, that:

you have, or intend to breach our Terms;
you are hostile or discourteous towards us;
you initiate credit card chargebacks;
you raise unjustified disputes and/or claims;
the product or related accessories are no longer available;
there was difficulty in processing payment information;
delivery to the address is not possible;
a duplicate order for a product was placed;
the product was cancelled with your consent; or
any other reasonable reason we deem justified.

If your order is cancelled, we will contact you to explain the reason for the cancellation and (if applicable) the appropriate amount will be refunded via your original payment method. You may not cancel an order without our prior written consent, which may be withheld at our sole discretion and provided on a case by case basis.

If your order has been processed and it cannot be cancelled, then the item must instead be returned to us in accordance with the Returns Policy.

If you wish to cancel an order please contact Hismile CX Team at: help@hismileteeth.com.

6. Shipping and Warehouse Dispatch

All dispatch times and shipping times are estimated in business days as outlined in the below Dispatch and Shipping Times Table. All shipping times provided on our Site are calculated from the date that you receive a Shipping Confirmation. Orders may need to be shipped in one or more parts. All shipping times exclude customs clearance delays and any other delays caused in circumstances that are outside our control.

Country	Dispatch time after order confirmation During non-sales periods	Dispatch time after order confirmation Sales periods eg. Black Friday, Boxing Day, etc	Shipping time after warehouse dispatch All shipping times exclude custom clearance and any delays outside our control.
Australia	1-3 business days	3-10 business days	Australia Post Standard: Business 4-6 Days Australia Post Express: Business 1-2 Days
Canada	1-3 business days	3-10 business days	Tracked Standard: 10-25 Business Days DHL Express: 2-4 Business Days
Europe	1-3 business days	3-10 business days	FedEx Standard: 3-7 Business Days FedEx Express: 1-2 Business Days
United Kingdom	1-3 business days	3-10 business days	Evri Standard: 2-4 Business Days Evri Express: 1-2 Business Days
United States	1-3 business days	3-10 business days	Standard Post Tracked: 5-15 Days Express Post Tracked: 2-5 Days
International	1-3 business days	3-10 business days	Standard Post Tracked: 5-30 Business Days
US Armed Forces			Untracked Standard: 25-35 Days
Hawaii / Alaska			Standard: 3-7 Business Days

7. Shipping and Delivery Policy

Your product will be considered delivered and the Contract complete under the Terms when your parcel is scanned as delivered to your nominated shipping address by the applicable shipping or local transport provider. Unless requested by you during the order process, all risk in the product shall pass to you upon delivery.

7.1 Incorrect Delivery Address

Please carefully read the following terms:

We cannot make changes to your shipping addresses or redirect your parcel once the Order Confirmation has been emailed to you.
We cannot send you a replacement product, or process a refund for a parcel sent to the incorrect shipping address due your own error during the order process.
Please contact the shipping or local transport provider if you have any parcel redirection requests.

7.2 Delayed, Lost or Stolen Parcels

Please carefully read the following terms:

If delivery of your parcel is delayed, risk shall pass to you at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or damage of the product.
In the event that your parcel is lost or stolen, you should contact your shipping or local transport provider for resolution. We cannot send you a replacement product or process a refund. Any further replacement orders will be at your own expense.

7.3 Authority to Leave Parcel

By default, you provide authority to leave a parcel at the shipping address specified in your Order Confirmation. If the applicable shipping or local transport provider deems the area of your shipping address unsafe in their discretion, your parcel may be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to our dispatch warehouse. If delivery or collection of your parcel is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the parcel to you) accept delivery or collect the parcel from the transport carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

charge you for our reasonable storage fees and other costs reasonably incurred by us; or
no longer make the parcel available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our Returns Policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

7.4 Unable to Deliver

Please note that it might not be possible for us to deliver to some locations, and we may not be able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you, or alternatively arrange with you for cancellation of the order or delivery to an alternative delivery address.

7.5 Damaged, Incorrect or Part Orders

In the event that you are delivered a damaged product, the wrong product, or only part of your order has been delivered you are to notify the CX team at help@hismileteeth.com within 7 days of delivery.

7.6 Resends

Subject to relevant consumer law, we reserve the right to refuse any customer requests for a refund or replacement product. Our Change of Mind policy will not apply to replacement orders.

8. Subscriptions

Subscribers will receive the subscription based product on a monthly basis or until the subscription is cancelled.

Your subscription begins as soon as your initial payment is processed and reoccurs automatically monthly from this date until cancelled. Should you add multiple quantities of the subscription based product to your cart when subscribing, you will receive, and will be charged for, the same number of products that you subscribed to receive each month until or unless you reduce the number of products in your subscription. See paragraph 8.2 for these details.

You authorise us or our payment gateway agents to store your payment method(s) and to automatically charge your payment method(s) in accordance with your selected subscription plan until cancelled. If the applicable VAT or GST rate (or other included tax or duty) changes during your subscription plan, we will accordingly adjust the tax-inclusive price for your subscription plan on your next billing date. Your subscription amount excludes shipping costs which will be automatically calculated based on shipping options in your region. Shipping costs may change depending on carrier and region changes, and we will accordingly adjust the shipping costs for your subscription plan on your next billing date.

There is no minimum lock-in period. Customers can cancel or pause their subscription at any time. See paragraph 8.2 for these details.

It is your responsibility to ensure that you have sufficient funds in your nominated account to satisfy payment for your subscription plan during each billing period and you agree to reimburse us for any loss or damage suffered by us in connection with your non-payment of the subscription fee.

In the event that subscription payments for any products are overdue, we may cancel or suspend your subscription until payment has been made.

We reserve the right to cancel your subscription plan in the event the product price changes, the product or the subscription offer changes or is discontinued. We also reserve the right to make changes to your subscription plan and any associated benefits. With any major changes as reasonably determined by us, thirty (30) days notice will be given. Your continued subscription after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your subscription in accordance with paragraph 8.2.

8.1 Toothpaste Subscription: not available to new subscribers from Tuesday, 10 September 2024 (AEST)

The toothpaste subscription is a subscription as outlined in paragraph 8 to receive a flavoured 60g | 2.1 oz fluoride+ toothpaste automatically shipped to your address each month, and which also unlocks and maintains access to Club Hismile Original.

Cancelling a Toothpaste Subscription will revoke access to Club Hismile Original and all associated benefits. Subscribers should read paragraphs 8.1, 8.2, 8.3, and 8.4 to understand what benefits may be impacted if they cancel or pause their subscription.

There is no minimum lock-in period. Customers can cancel or pause their subscription at any time. When cancelling a toothpaste subscription, customers will continue to have access to Club Hismile Original for at least the remainder of their billing cycle, and may retain access for up to thirty (30) days from cancelling or pausing their subscription.

The Club Hismile Monthly Flavour will be announced in advance, and will be flavours not available for purchase on our Site outside of Club Hismile / Club Hismile Original at the time they run as the monthly flavour. These flavours may be available in other retailers, and outside of Club Hismile / Club Hismile Original on our Site at other times.

The Club Hismile Monthly Flavour will change month-to-month, on or about the 1st of every calendar month. Toothpaste subscribers will receive the Club Hismile Monthly Flavour in accordance with their billing cycle.

Hismile will use its complete discretion when selecting the Club Hismile Monthly Flavour. Customers are not able to alter or change the monthly subscription flavour, or opt to receive an alternative flavour.

If you have allergies, we recommend reaching out to our CX team by email at help@hismileteeth.com to discuss any concerns.

The toothpaste subscription service was no longer offered to new customers / subscribers from Tuesday, 10 September 2024 (AEST).

8.2 Change or Cancel Subscription

There is no minimum lock-in period. You can cancel, change or pause your subscription at any time on the Site Account Portal, or by emailing Hismile at subscriptions@hismileteeth.com providing your email address and full name.

Changes to your account will take place from the time we confirm the change in writing to you. Please ensure that you allow 3 business days for your subscription to be cancelled, paused or changed. Once your subscription fee has been deducted from your account and the order has been shipped, we will not be able to intercept your parcel or provide a refund. However, you can follow our Returns Policy if you wish to return your order once received.

Cancelling or pausing your Toothpaste Subscription will revoke access to Club Hismile Original, including the ability to earn bonus points. Read paragraphs 8.3 and 8.4 for more details about how your Club Hismile Original benefits may be impacted.

8.3 Club Hismile Original: not available to new customers from Tuesday, 10 September 2024 (AEST)

Club Hismile Original is accessed by having an active paid toothpaste subscription.

Club Hismile Original provides subscribers access to various Club Offers, including Club Prices, Club Products, and Club Flavours. Club Offers are subject to availability and change without notice, may be available in other retailers, and may be available onsite outside of Club Hismile/Club Hismile Original while not being featured as a Club Offer.

Club Hismile Original members have access to all released products and product flavours onsite to purchase on their own, subject to availability. This includes products outside of Club Hismile Original that are only purchasable in a bundle (i.e. locked products and product flavours), as well as prior Club Hismile Monthly Flavours. All flavours and products are subject to availability and we are under no obligations to re-stock products or flavours should they sell out.

We reserve the right to change, cancel or discontinue Club Hismile Original, and the ability to access Club Hismile Original through a toothpaste subscription. With any major changes as reasonably determined by us, thirty (30) days notice will be given prior to the change coming into effect. Your continued toothpaste subscription after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your subscription in accordance with paragraph 8.2.

The toothpaste subscription service, and therefore access to Club Hismile Original, was no longer offered to new customers / subscribers from Tuesday, 10 September 2024 (AEST).

9. Memberships

We may offer membership plans and may change them from time to time.

9.1 Club Hismile: Tuesday, 10 September (AEST) onwards

Club Hismile is joined by becoming a member.

Your membership begins as soon as your initial payment is processed and reoccurs automatically monthly from this date until cancelled, paused, or terminated. You authorise us or our payment gateway agents to store your payment method(s). Unless you notify us before a charge (or earlier if required by your third party billing provider) that you want to cancel or pause your membership, you understand it will automatically continue and you authorise us or our payment gateway agents to automatically charge your payment method(s) in accordance with your membership plan until cancelled. If the applicable VAT or GST rate (or other included tax or duty) changes during your membership plan, we will accordingly adjust the tax-inclusive price for your membership plan on your next billing date. Customers can cancel or pause their membership at any time. See paragraph 9.2 for these details.

If a discounted membership fee is offered upon sign-up, the discounted amount is only valid for the advertised time frame. Full membership fees will apply thereafter as stipulated at the time.

It is your responsibility to ensure that you have sufficient funds in your nominated account to satisfy payment for your membership plan during each billing period and you agree to reimburse us for any loss or damage suffered by us in connection with your non-payment of membership fees.

In the event that membership payment is overdue, we may cancel or suspend your membership until payment has been made. If this occurs, any unused toothpaste credits may expire. Expired credits cannot be re-activated. We will not be held liable, or be responsible for, expired toothpaste credits in the event your membership is suspended or cancelled due to non-payment of your membership fees.

We reserve the right to cancel your membership plan if the membership offer changes, is discontinued, or if we reasonably suspect using our sole discretion that you are not a bona fide purchaser. We also reserve the right to make changes to your membership plan and any associated benefits. With any major changes as reasonably determined by us, thirty (30) days notice will be given for any major changes. Your continued membership after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your membership plan in accordance with paragraph 9.2.

Discount codes, gift cards, store credits, or other offers cannot be used towards Club Hismile membership fees. You may not transfer or assign your membership plan, or any associated benefits.

Club Hismile benefits

The current Club Hismile member benefits include:

Benefit	Explanation
1 Club Credit per month with free shipping	Your Site Account Portal will be credited with one (1) Club Credit with free shipping each month you hold an active paid membership. Your first months’ Club Credit must be redeemed at the time you become a Club Hismile member. One (1) Club Credit will be applied to your Site Account Portal every month thereafter in accordance with your billing cycle. Club Credits can be used to redeem any of the following products for free: Toothpaste (excluding PAP+ Whitening Toothpaste); Lip Balm; Mouthwash; or Electric Toothbrush Replacement Head. Free shipping will apply when redeeming a Club Credit. See further information below. 1 credit = 1 free item from the abovementioned list. Items and flavours are subject to availability. Club Credits can only redeem available products from the abovementioned list, have no cash value, and are non-transferrable. 1 Club Credit can be redeemed per order. Should you want to redeem multiple Club Credits, you will need to place multiple orders (1 order for each Club Credit you wish to redeem). See paragraph 9.2 for refunds associated with Club Credits.
Free shipping when redeeming monthly Club Credit	Free shipping applies when redeeming a Club Credit. Customers can add further items to cart when redeeming a Club Credit and will also receive free shipping on the other items (i.e. the entire cart). Further items must be added to cart prior to checking out when using a Club Credit to receive free shipping on the other items.
1 new toothpaste flavour dropped in Club Hismile monthly	One (1) new toothpaste flavour released in Club Hismile per month. Club Hismile Monthly Flavours will be flavours not available for purchase onsite outside of Club Hismile at the time they feature as the monthly flavour. These flavours may be available in other retailers, and onsite outside of Club Hismile at other times. The Club Hismile Monthly Flavour will become available in Club Hismile on or around the 1st of every calendar month. Hismile will use its complete discretion when selecting the Club Hismile Monthly Flavour. Club Hismile Monthly Flavours are subject to availability. We are under no obligation to restock Club Hismile Monthly Flavours should they sell out.
Access to all released toothpastes	Members will have full access to all released products and product flavours onsite to purchase on their own, subject to availability. This includes products and flavours onsite outside of Club Hismile that are only purchasable in a bundle (i.e. locked products and product flavours), as well as prior Club Hismile Monthly Flavours.
Club Credits will accrue if not redeemed within the month	Club Credits will accrue if not redeemed while you maintain an active paid membership. Credits will expire and therefore be forfeited once you lose access to Club Hismile following the cancellation and/or termination of your membership. If pausing your membership, after losing access to Club Hismile, accrued credits can only be redeemed if you reactivate your membership. Customers should redeem remaining credits before losing access to Club Hismile if cancelling or pausing their membership.
Club Offers	Members will gain access to Club Offers after becoming a member and creating an account. Members will have access to offers that may not be available elsewhere onsite (but for Club Hismile Original) at the time they feature as a Club Offer. This may include, amongst other things: Club Prices; Club Products; Club Flavours; and/or a collection of any of these offerings. Club Offers are subject to availability and change without notice. Club Offers may become available onsite outside of Club Hismile/Club Hismile Original at any time they are not featured as a Club Offer. Club Products are subject to availability, and we are under no obligation to restock Club Products or Club Flavours should they sell out. Discount codes, gift cards or store credits cannot be used in conjunction with other offers, such as Club Prices or Club Offers where a discounted price is being offered (i.e. discounted items, bundles etc.). If a discount code is added to your cart when you have a Club Price or Club Offer item in cart, whichever method (discount code or Club Price/Offer) results in the highest cost savings on the Club Price or Club Offer item will prevail. See Club Hismile Offers page for current Club Offers.

Club Hismile membership benefits are subject to change without notice. We reserve the right to change any membership offer or inclusion. With any major changes as reasonably determined by us, thirty (30) days notice will be given prior to the change coming into effect. Your continued membership after any such change constitutes your acceptance of the change. If you do not agree to any change, you must cancel your membership plan in accordance with paragraph 9.2.

We may offer, from time to time, other incentives, discounts, or bonus items upon sign-up to Club Hismile. These offers are provided at our sole and are subject to change without notice. These are one-time promotions and do not constitute ongoing monthly benefits as part of your membership.

9.2 Change or Cancel Club Hismile Membership

There is no minimum lock-in period. You can cancel, change, or pause your Club Hismile membership at any time in your Site Account Portal, or by emailing Hismile at subscriptions@hismileteeth.com and providing your email address, full name, and instructions regarding the change to your membership.

If you cancel or pause your membership, this will not result in a refund of any unused portion of your billing cycle. When members cancel or pause their membership, they will continue to have access to Club Hismile for up to thirty (30) days from cancellation, however will not accrue any additional Club Credits.

Any Club Credits will expire and therefore be forfeited when you lose access to Club Hismile. Credits cannot be reactivated, even if you re-join in future. If you pause your membership, any unused Club Credits won’t expire upon losing access to Club Hismile, however, can only be redeemed if you re-activate your Club Hismile membership. Club Credits have no cash value, are non-transferable, and cannot be used in any other way.

Customers should redeem any remaining Club Credits before cancelling or pausing their membership. Cancelling your membership will also revoke all access to Club Hismile.

Changes to your account will take place from the time we confirm the change in writing to you. Please ensure that you allow three (3) business days for changes to your membership to occur.

In the event that your membership payment is overdue, we may terminate or suspend your membership until payment has been made. If this occurs, any unused Club Credits may expire. Expired credits cannot be re-activated. We will not be held liable, or be responsible for, expired Club Credits in the event your membership is suspended or termination due to non-payment of your membership fees.

See paragraph 10.4 for further information regarding membership fee refunds.

United Kingdom and European customers: You have the right to cancel your membership or service contract within 14 days from the date you joined in accordance with the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. This is known as the cooling-off period, during which you can cancel for any reason and receive a full refund. Customers can cancel their membership via their Site Account Portal, or by emailing subscription@hismileteeth.com with your email address, full name, and instructions to cancel your membership.

9.3 Club Credit Refunds

Products redeemed using a Club Credit

Products redeemed using a Club Credit will be subject to the same terms and conditions at paragraphs 10 and 11.

If a refund is issued for a product that has been redeemed using a Club Credit, the refund will be issued by re-crediting the Club Credit to your Site Account Portal.

If a refund is issued for a product that has been redeemed using a Club Credit after a customer has cancelled their Club Hismile membership, a store credit will be issued to the value of the product had it not been purchased using a Club Credit, excluding shipping costs.

10. Returns Policy

We want you to be totally satisfied with our products. Our aim is to make the returns process as simple and easy as possible for you. In the rare event that you are not satisfied with your purchase, we offer the following returns options for orders placed on hismileteeth.com:

10.1 Faulty Product Claims

If you have purchased a faulty product from us or we have delivered the wrong product (when correctly ordered), you may have the option to make a claim under our Hismile Manufacturer’s Warranty and/or applicable Consumer Protection Laws (consumer guarantees) of your relevant country. We reserve the right to decline an exchange, refund or repair where any product fault is due to misuse or neglect. Always retain your product and do not dispose of the item so that we can assess your claim.

How to make a Faulty Product Claim?
We have a 3 stage claims process as follows:

Stage 1 Troubleshooting
Send your full name, order number, best contact information and brief details of your product issue through to the below contacts:

For all Hismile products email our CX Team at returns@hismileteeth.com.

In some cases, troubleshooting tips from our CX Team may be able to fix your product issue. If not, we may have to request more information from you and advance your claim to Stage 2 Photo/Video Assessment.

Stage 2 Photo/Video Assessment
At this stage, we require you to provide our CX Team with photos or a video of your product clearly showing the fault. You must also provide the LOT/Batch number located on the product packaging. Details of this stage are as follows:

Your product will be assessed for faulty materials or workmanship.
We will assess your claim as soon as we can, but no longer than 14 Business Days.
If your claim is successful, we will provide you with a replacement product.
We reserve the right to decline your claim where product misuse or neglect is evident.

Due to the technicality of some product faults, we may request a physical assessment of your product (where possible). In this situation, your claim will need to advance to Stage 3 Physical Assessment.

Stage 3 Physical Assessment
At this stage, we will require the product be returned to our Authorised Repair Agent or the Manufacturer for physical assessment of the fault. Details of this stage are as follows:

Your product will be assessed for faulty materials or workmanship.
Seek approval and shipping details from our CX Team before returning products.
You must meet the Shipping Fees which will be reimbursed if a fault is found.
Subject to shipping times, this assessment may take 28 Business Days to complete the assessment from the time we receive your product.
If your claim is successful we will provide you with a replacement product or full refund including a refund of the Shipping Fees incurred when returning the product.
We reserve the right to decline your claim where product misuse or neglect is evident.

More information
If you require more information about our claims process, please visit our Hismile Help Centre or email returns@hismileteeth.com.

Faulty Claims Exemptions
Subject to applicable consumer law rights, product claims based solely on the alleged poor performance of our teeth whitening products will not be assessed under our Returns Policy unless supported by objective and independent medical evidence. We have thoroughly tested our teeth whitening products for efficacy to ensure they will meet all stated claims. Despite such testing, the product results may vary depending on the type of teeth you have, the pre-treatment condition of your teeth and your diet which can stain teeth. Regular teeth whitening treatments are recommended in order to maintain whiter teeth.

Hismile Manufacturer Warranty.
The benefits provided to you in the Hismile Manufacturer’s Warranty are in addition to other rights and remedies of a consumer under the Australian Competition and Consumer Act 2010, the New Zealand Consumer Guarantees Act 1993 and any other laws in relation to the products to which this warranty relates.

The Hismile Manufacturer’s Warranty covers the product against faulty materials or workmanship and entitles you to a replacement product during the applicable warranty period for the product.

Schedule of products covered by Hismile’s Manufacturers Warranty
Product Type	Period
LED Light Mouthtray in SKU10001 Teeth Whitening Kit	12 months
LED Light in SKU 10036-LK Teeth Whitening Kit	24 months
Electric Toothbrush SKU 41001 to 41011	12 months

Australian customers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

New Zealand customers: This Returns Policy is in addition to the conditions and guarantees which are mandatory as implied by the Consumer Guarantees Act 1993 (NZ).

United Kingdom and European customers: In addition to the remedies offered by our Returns Policy, you have certain rights and remedies in relation to the goods we supply as expressed in the Consumer Rights Act 2015 (UK) and the Consumer Rights Directive 2011/83/EU. These rights and remedies cannot be excluded or restricted by our Terms. United Kingdom and European customers are responsible for the cost in returning products that meet the return requirements to Hismile.

10.2 Change of Mind Policy

If you change your mind concerning your purchase, you can return the product to us within 30 days of receipt for a refund excluding shipping costs. Exclusions apply, see excluded products and purchases below. To qualify under our Change of Mind Policy, your purchase must be unused and in the same condition that you received it, including all original packaging and accompanying material. The products must be sealed.

We will only provide a refund to you when we have received your returned product/s. You will be responsible for all return shipping costs. Return of the product remains your sole responsibility and risk. We accept no responsibility for items damaged or lost in the return transit. You will not be refunded any original shipping costs.

Change of Mind Policy Exclusions
Subject to relevant Consumer Protection Laws, lip balm products, Customer Flavour Lab products, membership fees, gift cards, mystery packs, mystery bundles, and Blind Box Toothpastes are excluded from our Change of Mind Policy. This applies even if the products have been unused and unopened.

See clause 10.3 for more information about the mystery pack and mystery bundle returns policy. See clause 10.4 for more information about our membership fee return policy. The Change of Mind Policy will not apply to replacement products issued under Clause 7 of the Order Terms.

United Kingdom and European customers may still have the right to return unused and unopened lip balm and Blind Box Toothpaste products through our Change of Mind Policy in accordance with relevant Consumer Protection Laws.

The Change of Mind Policy will not apply to replacement products issued under Clause 7 of the Order Terms.

Returns Form
Before returning your product please ensure compliance with the following:

Please download and complete the Returns Form.
Email the Returns Form and a photo of your product(s) to returns@hismileteeth.com.
Ensure that the Returns Form has been approved by the CX Team. Without approval it may result in your return not being processed.
Make sure the product is safely packaged to avoid damage in the post.
Only use a trackable and insured postal service.
Please mark 'Returned Items' clearly on the outer packaging of your parcel.
Return your products to the address indicated on the return form.
Send a follow up email to the Hismile Customer Experience Team with your tracking information.

10.3 Mystery Pack / Mystery Bundle Returns Policy.

Hismile may offer mystery packs and mystery bundles from time to time.

Subject to relevant Consumer Protection Laws, statutory warranties or guaranties, mystery packs are final sale and are exempt from our 30-day Change of Mind Policy. Mystery packs and mystery bundles are sold as one (1) item being the combination of products within the pack or bundle. Hismile will not offer returns, refunds, or exchanges on mystery packs and bundles, or individual items within mystery packs and bundles.

United Kingdom and European customers: You are entitled to a fourteen (14) day cooling off period with all online purchases in accordance with the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. The customer is responsible for return shipping costs in returning the items to Hismile. Mystery packs and bundles are sold as one (1) item regardless of what products the mystery pack / bundle is made up of. If you open and / or use one (1) item from within the pack or bundle, you are deemed to have accepted the entire mystery pack / bundle, including all products, and will no longer be entitled to return any of the items or the mystery pack / bundle within the cooling off period. In other words, you cannot return parts of your mystery pack / bundle if any of the items have been opened and / or used. Provided cancellations or returns comply with these requirements, customers can cancel their purchase or return their mystery pack / bundle by emailing help@hismileteeth.com with your order number, email address, full name, and request.

10.4 Membership Fee Refund Policy

Upon purchasing your membership, you will be given immediate access to the benefits and services, including redeeming your first Club Credit at the time of signing up.

Because of this, subject to relevant consumer laws, by purchasing a membership with us, you acknowledge and agree that membership fees are non-refundable. If you cancel or pause your membership, this will not result in a refund of any unused portion of your billing cycle. When members cancel or pause their membership, they will continue to have access to Club Hismile for up to thirty (30) days from cancellation, however will not accrue any additional Club Credits. Your membership will renew monthly until cancelled.

If you believe you have been incorrectly charged or that an error has occurred, please contact us within thirty (30) days of the charge for consideration of any refund. All refund requests are subject to review, and issuing a refund is at our sole discretion.

United Kingdom and European customers: You have the right to cancel your membership or service contract within 14 days from the date you joined in accordance with the Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. This is known as the cooling-off period, during which you can cancel for any reason and receive a full refund. Customers can cancel their membership via their Site Account Portal, or by emailing subscription@hismileteeth.com with your email address, full name, and instructions to cancel your membership.

11. Digital Gift Cards

Our Site operates a number of international stores in different monetary currencies. If you are considering purchasing, or have received a gift card, please be mindful of the applicable currency of the gift card and the accepted currency of each store. Full details are outlined below:

Country	Store Site	Currency
Australia	www.hismileteeth.com	AUD
Canada	ca.hismileteeth.com	CAD
Europe	eu.hismileteeth.com	EURO
United States	us.hismileteeth.com	USD
United Kingdom	uk.hismileteeth.com	GBP
International	int.hismileteeth.com	USD

Gift cards cannot be replaced if lost or stolen and cannot be exchanged for cash. Refunds will be credited back to your gift card. Any remaining balance of a gift card can be used for future purchases. Promotions advertised by use will not apply to gift cards, unless specified otherwise. Our gift cards have no additional processing fees. Expiry of gift cards is 3 years from the issue date.

12. Product Disclaimers

Always read product user instructions on packaging, in manuals and labels before use. It remains the user’s responsibility to ensure you are not allergic to any of the ingredients inside the gel or product before using. Use of our products may cause short term sensitivity to teeth, mouth or gums areas. Discontinue use if problems persist and consult your medical professional. You must only use our products in accordance with the instructions provided and only for the purpose in which they are provided.

Regular teeth whitening treatments are recommended in order to maintain whiter teeth. Product results from use (e.g. whitening) may vary from person to person depending on the type of teeth you have or the conditions of your teeth stains. Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. People under the age of 18, who are pregnant, have health problems, periodontal disease or gums that are in poor condition, overly sensitive teeth, wear braces, had recent oral surgery, decayed teeth, have roots exposed, have colitis, have jaw problems, or are allergic to items inside the gel should consult a suitable medical professional before using our products.

4. Promotional and Competitions Terms

Hismile Pty Ltd ACN 602 929 886 (“Hismile”) maintains the websites and associated features and mobile applications located at hismileteeth.com, ca.hismileteeth.com, eu.hismileteeth.com, us.hismileteeth.com, uk.hismileteeth.com, and int.hismileteeth.com, (collectively the “Site”).

By browsing, accessing, using the Site or ordering a product through the Site, you agree to be legally bound by our Website Terms of Use, Order Terms, and Promotional & Competitions Terms (“Terms”). The references to “you” and “your,” as used in these Terms, refer to any person browsing, accessing, using the Site or ordering a product through the Site.

Please read these Terms carefully. Hismile may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms. Nothing in these Terms provides you with any entitlement or right to sell, licence or distribute our products (including through use of a third party).

Table of contents

Acceptance
Offer Period
Conditions
Offers are non-transferable
Redemption
Shipping
Returns
Offers
Stock Availability

Current Site Promotions

Offer	Offer period
Bonus Items Customers may view advertising that shows Hismile adding bonus items to orders. We may, from time to time, add free bonus items to orders. There is no guarantee that customers will receive a bonus item if they place an order. There is no way to formally enter for a chance to receive a bonus item, unless stated otherwise in our advertising. A very limited number of orders receive bonus items, and this will only occur to orders being shipped from Australia. Applicable orders and bonus items are selected at random using our complete discretion. Subject to relevant consumer laws, the bonus item cannot be exchanged for cash, store credit, or any other product. ‘Bonus Items’ are separate from any ‘free gift with any order’ promotions that we may run from time to time.	No set offer period
Hismile’s Lilo & Stitch Hawaii Competition Terms and Conditions These Terms and Conditions (“Terms”) govern participation in Hismile’s Lilo & Stitch Hawaii Competition (“Promotion”). By submitting an entry during the Promotion Period, you agree to be bound by these Terms. Promoter: The promoter is Hismile Pty Ltd ABN 11 602 929 886 (“Hismile”) of 225-229 Burleigh Connection Road, Burleigh Waters, Qld, 4220. Promotion Period: The Promotion starts at 12:00 AM AEST on 1 May 2025 and ends at 11:59 PM AEST on 16 May 2025. Eligibility: Entry is open to residents of Queensland, Victoria, Tasmania, and Western Australia who are 18 years of age or over. Employees (and their immediate family members) of Hismile, Big W, Walt Disney Company's and its affiliated companies, or any agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. How to Enter: To enter the competition for a chance to win, eligible participants must: purchase any Lilo & Stitch branded Hismile product from a participating BIG W store, or from Hismile’s website at www.hismileteeth.com (available onsite from 13 May 2025 AEST), during the Promotional Period; Send an email to competitions@hismileteeth.com with: a copy of your proof of purchase; a photograph of your item(s); your full name, contact phone number, and address. Only one entry for each eligible product purchased is permitted. Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry requirements above. Prize Details: One (1) major prize winner will receive a family trip to Kauai, Hawaii, including: Return economy flights for up to two (2) adults and two (2) children under 16 years old at the time of travel from select major Australian airports to Kauai, Hawaii. Five (5) nights' accommodation in a 4-star hotel in Kauai, Hawaii (double or family occupancy), which must include a Saturday night stay; Private surfing lesson with a professional instructor. Train ride through a tropical farm with island-inspired lunch. Private hula class with a local instructor. Private guided tour of secret beaches and Lilo & Stitch filming locations. Traditional Hawaiian luau dinner with torch lighting ceremony and hula kahiko dance. USD $75 cash allowance per adult will be provided towards travel insurance. Total prize value is approximately USD $16,500 or AUD $25,000. Actual value may vary depending on time and location of departure, accommodation and availability. Prize Conditions: All travellers must travel together on the same itinerary. At least one traveller must be aged 21 years or over. Children must be accompanied by a parent or guardian at all times. Prize must be redeemed within 12 months from the date of winner notification. Travel is not permitted during December, January, or public holidays in Australia or the USA. Prize is valid for 12 months from the date of notification and all travel must be completed within that time. Winner must provide three preferred travel dates across three different months, at least six weeks prior to departure. Winner and companions must hold valid passports with at least six months' validity beyond the duration of the trip. Prize excludes all costs associated with visas, insurance, ground transfers, rental vehicles, gratuities, telephone calls, incidental costs, additional activities, meals, drinks or any other personal expenses and the responsibility of the travellers. All recipients are responsible for obtaining any other documentation required for travel to and entry to the prize package destination. Some activities have minimum age and weight restrictions (e.g., minimum age for surfing lesson: 5 years, maximum weight: 235 lbs). A credit or debit card for incidentals may be requested by the hotel at check in and therefore at least one of the travellers must possess and travel with a valid credit or debit card. Accommodation will be selected by Element London Ltd at its sole discretion. Prize Draw: The draw will take place at 225-229 Burleigh Connection Road, Burleigh Waters, Qld, 4220 on Monday, 19 May 2025 AEST using computerised random selection. The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner. The winner will be published at www.hismile.com.au and on Hismile’s instagram @hismile by 11.59 PM AEST on 20 May 2025. The winner will be notified via email to the same email address that was used to enter the Promotion and/or by telephone if the winner provided a telephone number, within two business days of the draw and must claim the prize within 14 days. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, first initial and State/Territory/Country or postcode of residence. If the winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize. If the prize is unclaimed, a redraw will occur after 14 days. The winners of the redraw will be notified by using the contact details on file with the Promoter within seven (7) days of the redraw. The winners will be notified publicly (and their details published) at www.hismile.com.au by 24 June 2025 AEST. General Conditions: It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. The prize is non-transferable and non-exchangeable for cash or other alternatives. The winner will be contacted by Element London Ltd to book the trip. All tours and activities are subject to availability and confirmation by Element London Ltd at time of booking. Once the trip, or any part of the trip, is booked, any changes made to the booking may incur a cancellation fee or amendment fee at the cost of the traveller. The cost can be deducted from the Prize value or as an out-of-pocket expense to the winner. All travel and activities are conducted at the winner’s own risk. If any part of the prize becomes unavailable, a substitute of equal or greater value will be provided. The Promoter reserves the right to modify or cancel the promotion at its discretion. Nothing in this Promotion or travel package authorises any person to use the Walt Disney Company's and its affiliated companies (collectively, "Disney") name, brand, intellectual property, characters or reputation in conjunction with this travel package or any prize promotions whatsoever and that a valid promotional agreement with Disney is a precondition for use of this prize package in association with Disney's name or Disney-owned intellectual property. The Walt Disney Company, and each of their respective parent, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of the Promotion or travel package. The Walt Disney Company is not a so-called “sponsor,” “administrator” or “prize provider.” The Walt Disney Company, its parent, related, affiliated and subsidiary entities and their respective officers, directors, agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, illnesses, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to the prize travel package, the receipt, use and/or enjoyment of the prize travel package, or prize-related activity including, without limitation, travel, the promotion, the competition, the contest or the sweepstakes. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law). The winner(s) will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights. Privacy: The Promoter collects entrants' personal information to conduct this Promotion and administer the prize. This may include name, contact details, and any other information necessary for these purposes. Personal information may be disclosed to the Promoter's and/or Disney’s contractors, agents, prize suppliers, service providers, and relevant State or Territory lottery departments for the purposes of conducting and promoting the Promotion and awarding the prize. Participation is voluntary, but if an entrant does not provide the requested information, they may be ineligible to enter or claim a prize. Personal information will be handled in accordance with the Promoter’s Privacy Policy, available at https://hismileteeth.com/pages/privacy, and the Privacy Act 1988 (Cth), including the Australian Privacy Principles. The Promoter may also use personal information for direct marketing purposes, and as otherwise as permitted by law. Entrants may access, update, or correct their personal information, or make a privacy complaint by contacting the Promoter by using the details set out in the Privacy Policy. Governing Law: These terms and conditions are governed by the laws of Queensland, Victoria, Tasmania, and Western Australia.	Opens: 12:00 AM EST on May 1, 2025 Closes: 11:59 PM EST on May 16, 2025
Instagram & TikTok Competition – Chance to Test Hismile’s New Whitening Product Eligibility Open to individuals aged 18+. No purchase necessary. Entry Period Entries open from the time the post goes live on TikTok and Instagram respectively and close at 11:59pm AEST on 8 May 2025. Entries received after this time will not be considered. How to Enter Comment the word "free" on the giveaway post on Hismile’s Instagram account (@hismile) and/or TikTok account (@hismile). Unlimited entries allowed, each comment counts as a separate entry. Selection Ten (10) winners in total will be selected at random from eligible comments across Instagram and TikTok at Hismile’s sole discretion after the entry period closes. Prize Each winner will receive a free testing sample of our new whitening product, consisting of two (2) teeth whitening applications. Winners will be provided with product information upon selection and may choose to accept or decline the prize. If a winner declines, a new winner will be selected in their place. Prizes will be shipped free of charge. Prizes are non-transferable, hold no cash value, and cannot be exchanged. Notification Winners will be contacted via DM on the platform through which they entered. They must respond within 72 hours to claim their prize. If no response is received within that time, Hismile reserves the right to select an alternate winner. Privacy Personal information will be used solely for the purpose of administering this giveaway and fulfilling prizes, in accordance with our Privacy Policy. Other This giveaway is in no way affiliated with or endorsed by Instagram or TikTok. Hismile reserves the right to modify or cancel the giveaway at any time.	Opens: Time of posting Closes: 11:59 PM EST on May 8, 2025

Current Retail Partner Promotions

Offer	Offer Period

Current Competitions

Competition	Details

1. Acceptance

By using or attempting to use the Discount Code for a Promotional Offer, you agree to accept and be bound by our Terms.

2. Offer Period

Promotional Offers are only available for a limited time only, for as long as it is advertised on our Site or associated social media pages. We reserve the right to cancel or change any Promotional Offer at any time without notice and at our sole discretion. All Discount Codes must be used within the applicable promotional offer period. Failure to do so does not guarantee eligibility for the discount to be honoured.

3. Conditions

Promotional Offers and Discount Code are not valid for cash or cash equivalent.
Discount Codes must be used within the applicable promotional offer period.
Discount Codes purchased during store-wide sales may not be used in conjunction with any other offers. Only one (1) discount code may be applied per checkout.
Discount Codes offered for specific products will only be applied to the total price of the relative product.
Promotional Offers cannot be applied to previous purchases nor combined with any other offers or discounts including price matching of any other retailer.
Promotional Offers may not be combined with any other offers unless explicitly noted.
We operate store sites in a number of different countries and in different currencies. Promotional Offers will not always be replicated across all our store sites.

4. Offers are non-transferable

Promotional offers may be subject to availability. Discount Codes may not be non-transferable between different store sites. Applicable currency of each store site is outlined below:

Country	Store Site	Currency
Australia	www.hismileteeth.com	AUD
Canada	ca.hismileteeth.com	CAD
Europe	eu.hismileteeth.com	EURO
United States	us.hismileteeth.com	USD
United Kingdom	uk.hismileteeth.com	GBP
International	int.hismileteeth.com	USD

5. Redemption

To redeem a promotional offer during an offer period, enter the advertised redemption code into the promo code box during the checkout process or purchase using auto-applied code. A Discount Code cannot be used in conjunction with any other offer. You can only use the redemption code once unless otherwise stated.

6. Shipping

It is your responsibility to ensure the shipping address is correct. For further details regarding shipping refer to our Order Terms.

7. Returns

Product returns are subject to our Returns Policy. If you return and seek a refund on any item purchased using a promotional offer, the value of the discount will not be refunded to you.

8. Offers

From time to time we may run promotions on our Site or associated social media pages which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s).

8.1 . Text Marketing Terms and Conditions - TCPA Compliance

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provide you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

8.2 Text Marketing Terms and Conditions - GDPR Compliance

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions. By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase. Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

8.3 Text Marketing & Notifications.

By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided. We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing. Consent is not a condition of purchases. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. If you do not wish to be part of our service you can unsubscribe at any time by testing STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, or sending any other means of opt out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you. When you opt in for our service you may expect to get occasional texts concerning latest Text Alerts, Surveys, Welcome messages, Customer win-backs, Text Campaigns, Giveaways, Flash Sales, Upsells. If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS). Carriers (AT&T, T-mobile, Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc) are not responsible or liable for undelivered or delayed messages.

8.4 Free Shipping.

Terms & Conditions: See offer at checkout to receive free standard shipping. Normal delivery rates will continue to apply to orders of excluded countries. Normal delivery rates will continue to apply to orders that do not add the free shipping offer to the order at checkout. Offer cannot be applied to past purchases.

9. Stock Availability

All promoted products were available at the time of advertisement. Occasionally due to unforeseen circumstances beyond our control, some items may not be available due to events such as shipping delays or stock levels depleting due to unprecedented demand. We reserve the right to limit purchases to normal retail quantities.

Any products purchased outside of the advertised time period will not be eligible for the promotional price. Where there is no promotional period specified on our Site or associated social media page, the relevant promotion will end when it is discontinued on our Site or associated social media page.