Terms and conditions

Welcome to Smileszy. If you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Smileszy relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please refrain from using our website.

The term ‘Smileszy’ ‘us’ or ‘we’ refer to the owner of the website. The term ‘you’ ‘customer’ or ‘user’ refers to the user of our website. This sets out the services you will receive from us. 

The use of our service is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We are not responsible for any financial losses or any other damages caused whatsoever. When using Smileszy you agree to and understand that you will not:

By using our website you agree you are 18 years old or over. If you are under 18 years of age please obtain the permission of your parent or guardian.

Smileszy grant you limited access and use to the website and users must not download, modify or copy any part of our website including information and content. The user agrees not to collect or store any product information or resell, copy, distribute or sell any part of our website or software.

Some areas of our website you may access without making an account. However to use our website and services you are required to create an account with Smileszy and provide certain personal information such as name, email address and other contact details. 

Any users found breaching our terms of service will have their account terminated with immediate effect.

In order to use our website you must create an account and profile and will be asked to provide certain information about yourself in order to use some features of the website. You are responsible for the security and confidentiality of your Smileszy username and account password and also for any other personal information regarding your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. In creating your Smileszy profile, we ask that you provide accurate information about yourself to bring credibility to your contributions on the website. You may not impersonate any other person nor create or use any account using false or misleading information. 

You are completely responsible for the material and content you submit to our website. We are not to be held liable for any content posted nor are we to be held responsible. 

We may monitor and record traffic to our website and collect the following information including but not limited to the IP address of your computer and the website which referred you to our website. We do this, so we can make ongoing improvements on our website based on what our customers actions are.

All content including but not limited to pictures, videos and text are copyrighted by Smileszy unless stated. You may not copy, reproduce, distribute or store any material on our website unless given express written permission by us or our affiliates.

Any other products, services, names or logos mentioned on our website may be the trade-marks of their respective owners. 

You may not post or make available to the website any material which is already protected by a trade-mark, copyright or other proprietary right without the permission of the owner. You agree to assume sole liability and to indemnify Smileszy for any resulting damage from infringement of any third party’s copyrights.

You agree to use our website at your own risk and acknowledge that we supply our services ‘as is’ and ‘with all faults’ including all content software, materials, services, functions, and/or information made available to you throughout the website. We re not responsible for any content that you may find undesirable or objectionable. Smileszy disclaims any and all liability arising out of or related to any facts or information of any products or services displayed on our website, including all warranties of any kind. Any damages suffered as a result of the use or inability to use our website or services are at your sole discretion. 

Any advice or information given to you by Smileszy or it’s employees, partners, affiliates or agents shall not create a guarantee.

By creating an account, you acknowledge that you will receive communications from the website regarding your account and our services. For instances, you could receive notifications on the status of your reviews, services, enquiries from companies and other miscellaneous information. You are able to subscribe to our email newsletter which contains promotions as well as news and information, which you are able to opt-out of at anytime.

Smileszy is not responsible for you violating any laws while using our website. You must comply with any and all local, provincial or federal laws regarding you use of our website. This includes, but is not limited to, reviews and indications of any local service or establishment. You agree and acknowledge that we have the right to monitor and edit or remove any activity including removing or editing any content you or any other user posts on our website.  We also have the right to monitor and control any user behaviour within our website.

Smileszy services and all information, materials, content, products and other services included on or otherwise made available to you through the Smileszy services are provided by Smileszy on an ‘as is’ and ‘as available basis unless other specified. 

Smileszy makes no representations or warranties of any kind, express or implied including but not limited to the content, materials, products, software and other services made available to you through Smileszy unless otherwise specified in writing.

We do not guarantee that any materials, information content, products, other services or anything else made available to you are free of any viruses or any harmful components. 

Smileszy or any of its affiliates will not be liable for any damages of any kind arising from the use of our services or from any material, products, content or other services made available to you.

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

By placing an order with a seller on our site you are offering to purchase a product and subject to the terms and conditions. All orders are subject to availability and conformation of the order price. The prices that appear on the website are inclusive of all taxes.

After you have place an order with us we will send you an order confirmation email, as soon as possible. 

When the seller has dispatched your goods we will send an email which confirms we have sent your order. This means the seller is obliged to complete the contract.

 

Fulfilment of all order is subject to availability. If we are unable to fulfil your order for whatever reason an email will be sent to the email address we have on file and a refund will be issued. 

The seller may not be able to accept or fulfil an order if:

Payment is required to place an order with us. We accept payment through all major credit and debit cards including Amex, Apple Pay, Google Pay, PayPal, MasterCard, Visa and Direct Debit. 

To list a product for sale on Smilezy a listing fee applies depending on the product value as well as a final value fee. This is a 10% fee based on the final selling price of the item or product.

All returns and refunds are at the discretion of each individual seller. All products must be returned in original, saleable condition. Buyers are responsible for paying return postage on all returns. 

In the unlikely chance there is a fault or a damaged item arrives you can return the item for a full refund or exchange. In this case the seller will be responsible for return postage.

If you are entitled to a refund, the seller will refund you the price minus any deductions (if applies) to the original payment method you used. Refunds are usually made within 14 days of when the item is received by us.

Before you finalise your order, you’ll be given various delivery options to choose from with estimated delivery time and dates depending on the delivery address. 

Smileszy  reserves the right to update, modify, or terminate the website at any time and at our sole and final discretion. Any changes to these Terms will be displayed in the website, and we may notify you through the website, by email or other communication services. Your continued use of this website indicates you comply with this agreement.

These terms of use shall be governed by the laws of the each country as they apply to agreements entered into and to be performed entirely within each country, without regard to conflict of law provisions. 

You acknowledge and agree any claim or dispute you may have against a seller must be resolved through provincial or federal courts except that which has been agreed by all parties or as described in the Dispute Resolution section. 

You hereby agree that Smileszy is not responsible for any dispute involving a seller or buyer and only acts as the platform to facilitate the transactions.

Smileszy may or may not cancel, suspend or revoke access to our website in whole or in part of any reason including non-compliance with these terms of conditions or our Code of Conduct.

On Smileszy, feedback is the opportunity to rate your experience and purchase with your seller publicly so other people can read your ratings and comments. However there are a number of things you are unable to do when it comes to leaving feedback. 

Buyers are not allowed to leave negative feedback rating to extort sellers to give them something that wasn’t part of the original listing and the feedback should match the rating given. 

Members cannot manipulate the feedback system and purposely leave positive or negative feedback ratings to increase/decrease the rating of any account.

Any accounts found doing anything that goes against our feedback policy will be banned from using our platform.

Maintaining the safety of our community is of utmost importance to us and it is something that is vital to us. Therefore there are a number of prohibited items and products that you are not able to list and sell on Smileszy. 

This includes:

If you are unsure whether you can list a product on Smilezy please get in touch with our customer service team.

Cars and other vehicles work slightly differently to normal items on Smilezy. Unlike normal items, motor vehicle listings are non binding. When you win or place a bid on an item in the Motor Vehicle category, you’re consenting to sharing your contact details with the seller who can then get in touch with you to discuss the sale.

Most eligible purchases that you make on the Smilezy platform are covered with the Smileszy Money Back Guarantee. This is automatic and covers your purchase price plus shipping costs.

In order to be covered by the Smileszy Money Back Guarantee, certain payment methods need to be used. If you need any help with your purchase please contact our customer service team.

We may collect and store your personal information for reasons such as improving our website and making the user experience better. We may use them for advertisement purposes. We will never sell, rent or give your personal data to any third party company without your consent.

If we do, we will only collect personal identification information from users only if they themselves submit such information to us. Users can refuse to supply such information but it may stop them from using certain website or accessing specific parts of our website.

We are not to be held responsible for any breaches to our security caused by third party. Keeping your personal information is of the utmost importance to us however we are not to be held liable for any data breaches.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

If you opt to sign up to our newsletter we may use your email address to send you information about our products or services. You do have the option to opt out of our mailing list and you can ask for personal data to stop being recorded at any time.

We reserve the right to disclose user information and personal information to law enforcement or authorities should we feel the need to. 

The user agrees to be bound by the Smileszy privacy policy which are available here.

We may suspend your access to our service at any time for any or no reason at all. 

We may use your content in various ways including, but not limited to, publicly displaying it, reformatting it, incorporating it into advertisements, distributing it and allowing others to display on their websites and platforms. You acknowledge and agree that you grant us royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license rights to use your Content for any purpose, and you hereby represent and warrant to Smileszy that you have all the rights, licenses, authorizations necessary to grant such license, thereby irrevocably granting the users of the website and any third party publicly accessing the website, right to access your Content in connection with their use of the website and any service thereon. Finally, you irrevocably waive, and cause to be waived, against Smileszy and its users any claims and assertions of moral rights or attribution with respect to your Content. 

Smileszy and its affiliates take spam seriously, and we highly encourage you and our users to report any spam activities to us. We do not tolerate nor allow any one to use any information from the website for sending unsolicited communications of any kind to our users. 

You may not harvest, scrape or collect any information regarding any users for your own purposes including commercials purposes and any communication you may receive from us, our partners or affiliates will indicate how you can prevent any further communication including instructions.

Smileszy are not liable for any failure or delay in performance or its obligations which is due to the result of any act, event, terrorism act, acts of God, governmental regulations, war, riots, fire, pandemic, flood or anything else which is beyond our control. 

All vendors and Smileszy are independently employed and therefore are not employed by Smileszy. Smileszy act as a platform for vendors and therefore have no other working relationship including that of a partnership, join-venture, franchise or employer-employee relationship.

If any of these terms of use is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these terms will remain in enforceable and in full effect.  Either party will not be deemed a waiver of any rights herein.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.

This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

We do not accept any liability or responsibility for any delays caused by third parties. Your use of this website and any dispute arising out of such use of the website is subject to the laws of your specific country.

This website is owned and operated by Smileszy,