INTRODUCTION

1. These terms and conditions shall govern your use of our website.
2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
3. If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
4. You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
5. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].
6.  

1. YOU MAY:
   1. VIEW PAGES FROM OUR WEBSITE IN A WEB BROWSER;
   2. DOWNLOAD PAGES FROM OUR WEBSITE FOR CACHING IN A WEB BROWSER;
   3. PRINT PAGES FROM OUR WEBSITE;
   4. STREAM AUDIO AND VIDEO FILES FROM OUR WEBSITE]; AND
   5. STREAM AUDIO AND VIDEO FILES FROM OUR WEBSITE]; AND
   6. USE [OUR WEBSITE SERVICES] BY MEANS OF A WEB BROWSER],
   7. SUBJECT TO THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS.
2. EXCEPT AS EXPRESSLY PERMITTED BY THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD ANY MATERIAL FROM OUR WEBSITE OR SAVE ANY SUCH MATERIAL TO YOUR COMPUTER.
3. YOU MAY ONLY USE OUR WEBSITE FOR [YOUR OWN PERSONAL AND BUSINESS PURPOSES], AND YOU MUST NOT USE OUR WEBSITE FOR ANY OTHER PURPOSES.
4. EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS, YOU MUST NOT EDIT OR OTHERWISE MODIFY ANY MATERIAL ON OUR WEBSITE.
5. UNLESS YOU OWN OR CONTROL THE RELEVANT RIGHTS IN THE MATERIAL, YOU MUST NOT:
   1. REPUBLISH MATERIAL FROM OUR WEBSITE (INCLUDING REPUBLICATION ON ANOTHER WEBSITE);
   2. SELL, RENT OR SUB-LICENSE MATERIAL FROM OUR WEBSITE;
   3. SHOW ANY MATERIAL FROM OUR WEBSITE IN PUBLIC;
   4. EXPLOIT MATERIAL FROM OUR WEBSITE FOR A COMMERCIAL PURPOSE; OR
   5. REDISTRIBUTE MATERIAL FROM OUR WEBSITE.

1. YOU MUST NOT:
   1. ?use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
   2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
   4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
   5. access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]];
   6. violate the directives set out in the robots.txt file for our website]; or
   7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

1. You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
2. You must not allow any other person to use your account to access the website.
3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
4. You must not use any other person's account to access the website [, unless you have that person's express permission to do so].

1. If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].
2. Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
3. You must keep your password confidential.
4. You must notify us in writing immediately if you become aware of any disclosure of your password.
5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

1. We may:
   1. [suspend your account];
   2. [cancel your account]; and/or
   3. [edit your account details]
2. You may cancel your account on our website [using your account control panel on the website].

1. In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].
2. You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
3. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
4. You may edit your content to the extent permitted using the editing functionality made available on our website.
5. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.

1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
   1. be libellous or maliciously false;
   2. be obscene or indecent;
   3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
   4. infringe any right of confidence, right of privacy or right under data protection legislation;
   5. constitute negligent advice or contain any negligent statement;
   6. constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
   7. be in contempt of any court, or in breach of any court order;
   8. be in breach of racial or religious hatred or discrimination legislation;
   9. be blasphemous;
   10. be in breach of official secrets legislation;
   11. be in breach of any contractual obligation owed to any person;
   12. [depict violence[ in an explicit, graphic or gratuitous manner]];
   13. [be pornographic[, lewd, suggestive or sexually explicit]];
   14. [be untrue, false, inaccurate or misleading];
   15. [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
   16. [constitute spam];
   17. [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
   18. [cause annoyance, inconvenience or needless anxiety to any person].

1. We do not warrant or represent:
   1. the completeness or accuracy of the information published on our website;
   2. that the material on the website is up to date; or
   3. that the website or any service on the website will remain available.
2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
3. To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 
   1. send you one or more formal warnings;
   2. temporarily suspend your access to our website;
   3. permanently prohibit you from accessing our website;
   4. [block computers using your IP address from accessing our website];
   5. [contact any or all of your internet service providers and request that they block your access to our website];
   6. commence legal action against you, whether for breach of contract or otherwise; and/or
   7. [suspend or delete your account on our website].
2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking [(including without limitation [creating and/or using a different account])].

1. We may revise these terms and conditions from time to time.
2. [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

1. The terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

1. These terms and conditions shall be governed by and construed in accordance with [Indian Law].
2. Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [India].

1. We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].
2. We are subject to [authorisation scheme], which is supervised by [supervisory authority].
3. We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL].
4. We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].
5. Our GST number is [number].

1. This website is owned and operated by [name].
2. We are registered in [England and Wales] under registration number [number], and our registered office is at [address].
3. Our principal place of business is at [address].
4. You can contact us:
   1. [by post, using the postal address [given above]];
   2. [using our website contact form];
   3. [by telephone, on [the contact number published on our website from time to time]]; or
   4. [by email, using [the email address published on our website from time to time]].

1. Terms of offer, This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
2. Customer Solicitation: Unless you notify our third party call center representatives or direct Smile Merchant sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Smile Merchant Trading LLP and its designated in house or third party call team(s).  
3. Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
   1. You may use the opt out link found in any email solicitation that you may receive.
   2. You may also choose to opt out, via sending your email address to: info@smilemerchant.com
   3. You may send a written reply to remove request to E-2/13, First Floor, Malviya Nagar, New Delhi - 110017

•    Proprietary Rights. Smile Merchant has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Smile Merchant. Smile Merchant also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
• Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.

1. Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
2. Not interfere with or disrupt the use and enjoyment of the Website by other users,
3. Not resell material on the Website,
4. Not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication,
5. Not defame, harass, abuse, or disrupt other users of the Website

• YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMILE MERCHANT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS. )
• WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SMILE MERCHANT MAKES NO WARRANTY:
• THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
• THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 
• AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. 
• REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

• SMILE MERCHANT TRADING LLP ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
• SMILE MERCHANT TRADING LLP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM

1. THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;
2. THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
3. ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
4. ANY LOST PROFITS YOU ALLEGE.

• SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• You will release, indemnify, defend and hold harmless SMILE MERCHANT, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of

1. This Agreement or the breach of your warranties, representations and obligations under this Agreement;
2. The Website content or your use of the Website content;
3. The Products or your use of the Products (including Trial Products);
4. Any intellectual property or other proprietary right of any person or entity;
5. Your violation of any provision of this Agreement; or
6. Any information or data you supplied to SMILE MERCHANT. When SMILE MERCHANT is threatened with suit or sued by a third party, SMILE MERCHANT may seek written assurances from you concerning your promise to indemnify SMILE MERCHANT; your failure to provide such assurances may be considered by SMILE MERCHANT to be a material breach of this Agreement. SMILE MERCHANT will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of SMILE MERCHANT choice at its expense. SMILE MERCHANT will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend SMILE MERCHANT against any claim, but you must receive SMILE MERCHANT prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

• SMILE MERCHANT believes strongly in protecting user privacy and providing you with notice for use of data. Please refer to SMILE MERCHANT privacy policy, incorporated by reference herein, that is posted on the Website.

• Force Majeure. Smile Merchant will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
• Cessation of Operation. Smile Merchant may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
• Entire Agreement. This Agreement comprises the entire agreement between you and Smile Merchant and supersedes any prior agreements pertaining to the subject matter contained herein.
• Effect of Waiver. The failure of Smile Merchant to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
• Governing Law; Jurisdiction. This Website originates from the New Delhi (India). This Agreement will be governed by the laws of the State of New Delhi without regard to its conflict of law principles to the contrary. Neither you nor Smile Merchant will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State New Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
• Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
• Termination. Smile Merchant reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Smile Merchant may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Smile Merchant reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Smile Merchant chooses, in its sole discretion and without advance to you, to terminate it.
• Domestic Use. Smile Merchant makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
  Assignment. You may not assign your rights and obligations under this Agreement to anyone. Smile Merchant may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
• BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

•  Once your order is received, it will be dispatched within 24 hours. For national buyer it will take 5 to 7 days and for international buyer it will take 20 days to 1 months to get it delivered.
•  All parcels/packages are delivered by renowned 3rd party Courier services. Shipping costs are estimated by the size and weight of your entire order and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.
• Smile Merchant.com delivers goods World Wide.
• Smile Merchant.com will make every effort to deliver your purchase according to the estimated delivery times however, we do not guarantee in the event of unforeseen circumstances beyond our control that we will deliver within this time frame.
•  We will deliver your products to the address indicated on your Order Confirmation unless other special arrangements are made and agreed to by us.
• All items will be delivered by a receipted delivery which will require a signature from you confirming receipt of these goods.
• Smile Merchant.com provide freight free delivery* for orders over INR 2000. (Only applicable in India)
• Smile Merchant.com will provide freight free delivery for orders over the specified amount but are only applicable per delivery address.
• Smile Merchant.com reserves the right to make changes to the freight-free policy without notice.

• For payments done through credit/debit cards or net banking, the refund will be initiated to the same account from which the payment was made within 3-4 business days of us receiving the products back. It may take 5-6 business days for the amount to reflect in your account.
• For cash on delivery transactions, we will initiate a bank transfer against the refund amount against the billing details shared by you. This process will be completed within 3-4 business hours of us receiving the products back. It will take 5-6 business days for the amount to reflect in your account.