General Terms and Conditions (GTC)

OVERVIEW

Welcome to Smile Patches! The terms “we”, “us”, and “our” refer to Smile Patches. Smile Patches operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Smile Patches is powered by Shopify, which allows us to provide the services to you. The following terms and conditions, together with all policies mentioned herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the services. Please read these Terms and Conditions carefully, as they contain 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 these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country or region of residence, and you have given us your permission to allow any minors dependent on you to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing products or services that we offer, 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 you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information. You are solely responsible for the security of your login credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person. SECTION 2 – OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please be aware that the colors or appearance of the products may vary from what you see on your screen due to the type of device you are using, as well as your device settings and configuration. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will match the representations in our online stores. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to certain individuals, geographic regions, or jurisdictions.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Smile Patches reserves the right to accept or decline your order at its sole discretion for any reason. Your order will not be considered accepted until Smile Patches confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Smile Patches may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange only according to our Return Policy [LINK].

You represent and warrant that your purchases are for your personal or domestic use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time you place your order and will be shown in your order confirmation email. Unless expressly stated otherwise, prices quoted do not include taxes, shipping, handling, customs duties, or import fees.

Prices quoted in our online stores may differ from prices in physical stores or in online or other stores operated by third parties. We may from time to time offer promotions in connection with the Services that affect pricing and are governed by separate terms and conditions.

In the event of a conflict between the terms of a promotion and these terms and conditions, the promotion terms and conditions shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the prices quoted, including shipping and handling charges and all applicable taxes, if any. SECTION 5 – SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping companies, customs clearance, or events beyond our control. Once we hand the products over to the shipping company, ownership and risk of loss transfer to you. SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, service marks, text, representations, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are owned by Smile Patches, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent. Unless expressly granted herein, nothing in these Terms grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property belonging to Smile Patches, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Smile Patches.

Smile Patches' names, logos, product and service names, designs, and slogans are trademarks of Smile Patches or its affiliates or licensors. You may not use these trademarks without the prior written consent of Smile Patches. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be granted access to customer tools offered by third parties that we neither monitor, control, nor influence.

You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions, and without any endorsement. We assume no liability whatsoever arising out of or relating to your use of optional third-party tools.

Any use of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions under which the tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future (including the provision of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction.

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

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTICE TO MERCHANT: This section accurately describes Shopify's relationship with your store and should not be removed or changed.]

Smile Patches is powered by Shopify, which allows us to provide the services to you. However, all sales and purchases you make in our store are settled directly with Smile Patches. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Smile Patches, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Smile Patches.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is governed by our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy statements.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services is transferred to and shared with Shopify and with third parties, who may be located in countries other than your country of residence, to provide Services to you. For more details on how we, Shopify, and our partners use your personal data, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

When you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your feedback.

We may, but are not obligated to, monitor, edit, or remove feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms and Conditions.

You agree that your feedback will not violate any rights of any third party, including copyright, trademark, personality, or other personal or proprietary rights. You further agree that your feedback will not contain libelous or otherwise unlawful, abusive, or obscene feedback, or contain computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or any third party as to the origin of any feedback.

You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, the Services may contain information that includes typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, regional, or state regulations, rules, laws, or local ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, slander, defame, disparage, or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or cause to be sent any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to otherwise engage in any conduct that restricts or interferes with the use or enjoyment of the Services by others or that, in our opinion, could harm or expose Smile Patches, Shopify, or users of the Services to liability.

In addition, you agree not to: (a) upload or transmit any viruses or other malicious code that will or may in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) sending spam, phishing, pharming or misrepresenting facts to the Services; (e) using robots, spiders, scraping, data gathering and extraction tools, automated devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) impairing, circumventing or disabling the security or authorization features, robot exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the use of an agent to access, use, or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of or at the direction of a person or entity and that can be executed on behalf of or using a person’s device without direct supervision.

14.2 No agent may access, use, or interact with the Services unless they identify themselves at all times and act in strict compliance with the requirements in Section 14.4 below. Furthermore, no agent may access, use, or interact with services if we have instructed the agent to cease accessing, using, or interacting with a service. 14.3 We may restrict, including through technical measures, whether and how an agent accesses, uses, and interacts with services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request is from an agent and disclose the agent's name by including the following in the request's user-agent string: 'Agent/[Agent name]'; (ii) not conceal or disguise that access, use, or interaction is from an agent, such as by (a) mimicking human behavior and human interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or request designed to determine whether interactions are from a human or a computer; (iv) not circumvent or otherwise avoid any measures designed to block, restrict, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time at our sole discretion without notice, and you will remain liable for all amounts due up to and including the termination date.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability Clause, Waiver; The entire agreement, assignment, applicable law, privacy policy, and all other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided in or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance that you, any other visitor to the Services, or anyone who becomes aware of their content, may place in these materials. Unless expressly stated otherwise by Smile Patches, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, Smile Patches, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, WILL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, RECOVERY COSTS, OR SIMILAR DAMAGES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE BASED ON ANY CONTRACT, ANY OTHER CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT, OR LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES HAVE BEEN ADVISED.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Smile Patches, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, and failure to notify you promptly will not release you from your obligations unless you are materially disadvantaged. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 19 – SEVERABILITY CLAUSE

In the event that any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, such provision shall nevertheless remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions; such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules posted by us on this website or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any such attempt is void. We may transfer, assign, or delegate these terms and conditions and our rights and obligations without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide services to you shall be subject to and construed in accordance with the federal and state or territorial courts in the jurisdiction where Smile Patches has its principal place of business. You and Smile Patches consent to the jurisdiction and personal jurisdiction of such courts.

SECTION 23 – HEADINGS

The headings used in this agreement are for convenience only and do not otherwise limit or affect these Terms.

SECTION 24 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any portion of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to regularly check our website for changes. We will notify you of any material changes to these terms and conditions in accordance with applicable law, and such changes will become effective on the date specified in the notification. Your continued use of or access to the services after the posting of changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms and Conditions should be directed to us at office@smilepatches.de.

Our contact information is listed below:

Sparke Ltd.

office@smilepatches.de 

Hipodruma 121, Sofia, Bulgaria

BG208706543

Managing Director: Hristo Svilensky

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