Terms of service
OVERVIEW
Welcome to Gemini Smile. The terms “we,” “us,” and “our” refer to Gemini Smile. Gemini Smile operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided is correct, current, and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer or assign your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to accurately represent our products and services. However, colors or product appearance may vary depending on the device used to access the store and your device settings.
We do not warrant that the appearance or quality of products purchased will meet your expectations or be identical to how they appear online.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities offered to any person, geographic region, or jurisdiction.
Professional Use
Gemini Smile products are intended for use by trained Tooth Gem Technicians. Proper training and technique are essential for safe and effective application. Gemini Smile is not responsible for improper use or misuse of products purchased through the Services.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Gemini Smile reserves the right to accept or decline your order at our discretion. An order is not accepted until payment has been received and processed.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are not intended for unauthorized resale.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be listed in your order confirmation.
Posted prices do not include taxes, shipping, customs, or import charges unless expressly stated.
You agree to provide accurate, current, and complete payment and account information. You represent and warrant that your payment information is valid and that you are authorized to use it.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once products are transferred to the carrier, title and risk of loss pass to you.
Refer to our Shipping Policy for more details.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including text, images, graphics, product designs, branding, and layout, is the property of Gemini Smile and protected by intellectual property laws.
You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, or exploit any content without written permission.
All rights not expressly granted are reserved by Gemini Smile.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools. These are provided “as is” without warranties or endorsement. Your use of third-party tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or policies of third-party sites. Accessing such sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Gemini Smile is powered by Shopify. However, all purchases are made directly with Gemini Smile. Shopify is not responsible for any aspect of sales between you and Gemini Smile. You release Shopify from any claims arising from transactions made with Gemini Smile.
SECTION 10 – PRIVACY POLICY
All personal information collected is governed by our Privacy Policy and may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
SECTION 11 – FEEDBACK
If you submit feedback, you grant Gemini Smile a perpetual, worldwide, royalty-free license to use, reproduce, and publish such feedback for commercial purposes.
You represent that your feedback does not violate any third-party rights.
SECTION 12 – ERRORS AND INACCURACIES
We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders if necessary without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to infringe intellectual property rights, transmit malicious code, or engage in conduct that harms Gemini Smile or other users.
SECTION 14 – TERMINATION
We may terminate your access to the Services at any time without notice if you violate these Terms.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Gemini Smile shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Services or products purchased through the Services.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Gemini Smile, Shopify, and affiliates from any claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed unenforceable, the remaining provisions remain valid.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Gemini Smile.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our written consent. We may assign them without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the state in which Gemini Smile is headquartered.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to Gemini Smile at:
support@geminismile.com