Terms

The website www.sunshinewhite.com and sunshinewhite.com.au (“Site") is owned and operated by SunshineWhite Pty Ltd (ABN 58 631 235 008) (t/as and referred as Sunshine White, "we", "our", "us" or the "Company").

These Terms and Conditions together with the documents referred to within the terms and conditions govern the supply of any products ordered by you on the Site and your use of the site. By browsing, accessing, using the site or ordering a product, you agree to be legally bound by these terms and conditions.

 

Money Back Guarantee

We offer a 100% money back guarantee on our product. We guarantee that your teeth will improve by at least two (2) shades after using our product.

In order to qualify for our Money Back Guarantee you are required to do the following:-

  • Take a photograph of your teeth prior to beginning your treatment;
  • Take a photograph of your teeth after completing your treatment; and
  • Send these photographs to our customer service team at:-customercare@sunshinewhite.com

All photographs require time and date stamps and your photographs must be received within twenty-one (21) days of dispatching your order. Our customer service team will assess your results. Our team has full discretion in relation to whether a customer qualifies for the money back guarantee.

Any applications that do not meet the above conditions will not be refunded. We further reserve our right to reject applications in other reasonable circumstances.

 

Product Use and Instructions

You must use our products as set out in the instruction guide that you receive with the product.

This is a cosmetic product. We are not dentists, doctors, physicians or the like. We sell a cosmetic product and we do not provide medical advice.

If you have any questions about how the use of our products will affect or impact your health and wellbeing please see your health care professional for advice.

The success of the product depends on the individual. There are many factors that can impact upon the success of the product, including but not limited to:-

  • Duration of use;
  • Staining of teeth;
  • Structure of teeth; and
  • Dehydration of teeth.

The product does not work on decayed areas on or in natural teeth nor do they work on dental work such as crowns, bridges, dentures or fillings.

If you are under eighteen (18) years old or have any of the following you should see your doctor and/or oral care specialist for advice prior to use:-

  • Gum sensitivity or gingivitis;
  • Periodontal disease;
  • Cuts or grazes in the mouth;
  • Sensitive teeth;
  • Recent oral surgery;
  • Mouth or tongue cancer;
  • Braces;
  • Allergies to the ingredients in the product;
  • Colitis;
  • Decaying teeth;
  • Chipped or cracked teeth; or
  • Exposed roots.

We take no responsibility for any complications, medical conditions or injury that arise out of the use of this product.

If you do require medical attention as a result of using this product, please contact your health care provider. If it is an emergency and you are based in Australia please call 000.

 

Access And Use Of The Site

To place Orders and access some features of the Site, you must register an account with us. To register an account, you must:-

  • give us accurate and current personal information including your name, address, and a valid email address; and
  • be at least eighteen (18) years old,and have the capacity to enter into a legally binding agreement with us.

You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

We do not guarantee that the site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our site.

The site and the content on the site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Sunshine White

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including images, audio and video excerpts, except as permitted by statute or with our prior written consent.

 

Order And Formation of Contract

You must pay for the order in full at the time of ordering, by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details, before providing you with the product and carry out security checks from time to time.

If you discover that you have made a mistake with your order after you have submitted it to the site, please contact customer service immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

When you place an order, you will receive from us a confirmation of order by e-mail. This email will only be an acknowledgement, and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order.

Until the time when we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your order. If we or you have cancelled your order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

 

Competitions & Promotions

Any promotions, contests or competitions made available on the Site may be governed by rules that are separate from these terms. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

'The Ring' Promotion

One customer will be chosen at random to receive a Tanzanite/Diamond ring valued at $9,493.00 AUD.

(This valuation provided by Charles Rufus on behalf of Brisbane Estate Jewellery Queen Adelaide Building, Brisbane, QLD 4000, was prepared for the sole purpose of retail replacement for insurance purposes ONLY in a Brisbane Estate Jewellery single retail outlet in Brisbane. Values not intended to set resale prices and is not to be used for setting resale price.)

To qualify to go into the draw for your chance to win the above-mentioned ring, you must:

- Be over the age of 18;

- Be an Australian Resident or Permanent Citizen;

- Have purchased a Pro Whitening Kit; and

- Have NOT have applied any 'discount code' for your purchase.

In order to choose a customer at random, we will conduct an internal search based on the above parameters, randomise the list and select one off of the list.

Ultimate Bundle Competition

Post a pic or artistic shot and tag @sunshinewhiteau for your chance to win an Ultimate Bundle valued at $279.94.

- You must be the purchaser of the product that you are posting;

- For this competition, participants may only use Facebook, Instagram and/or Twitter;

- Participants can repost the same image on their Facebook, Instagram & Twitter accounts;

- A winner will be chosen on the last day of each month, based on their level of creativity; uniqueness; and how closely the capture the hashtags #exotic and #exclusive in their picture;

- SushineWhite will repost the winning image on the abovenamed social media platforms, tag the winner and personally notify them through the social media channel displaying the winning image; and

- If we are unable to contact the winner within 24 hours of the winner announcement, we reserve the right to refrain from rewarding said winner with an Ultimate Bundle.

Post and Tag Competition

Post a picture with a Sunshine White product, tag 10 friends and @sunshinewhiteau for your chance to win a Legend Bundle valued at $398.92.

- For this competition, participants may only use Facebook, Instagram and/or Twitter;

- Participants can repost the same image on their Facebook, Instagram & Twitter accounts;

- Participants must follow us on Instagram from the time of post to the competitions end;

- A winner will be chosen on 30 September 2019; and

- If we are unable to contact the winner within 24 hours of the winner announcement, we reserve the right to refrain from rewarding the winner.

Follow & Tag Competition 

Follow @sunshinewhiteau, like this post and tag 3 friends for your chance to win a Pro Bundle valued at $139.97

 - For this competition, participants may only use Facebook, Instagram and/or Twitter;

- A winner will be chosen at random on the last day of each month; and

- If we are unable to contact the winner within 24 hours of the winner announcement, we reserve the right to refrain from rewarding said winner with an Pro Bundle.

 

Subscription Service & Membership

Our subscription service allows for regular delivery of the product, at intervals as nominated by you.

Purchase of a subscription involves you agreeing to pay an initial fee, in addition to a recurring fee charged at regular intervals at the appropriate subscription rate.

Subscription payments will be deducted using your nominated payment method.

It is your responsibility to ensure that there are sufficient funds in your account for the subscription fee to be deducted. We are not liable for any dishonour fees or bank fees associated with your subscription fee in circumstances where there are not enough funds in your nominated account.

If your subscription fee is overdue or dishonoured, we may cancel any future orders without notice to you.

You can change your subscription frequency and/or your product at any time by logging in to your account or by contacting us at membership@sunshinewhite.com. Changes become effective as at the date we confirm the change (normally 3 days or fewer).

You may cancel your subscription at any time in accordance with our cancellation policy:-

  • You can cancel your subscription by logging in to your account or by contacting us at: membership@sunshinewhite.com.
  • Cancellation is effective as at the date we confirm your cancellation (normally three (3) days or fewer);

If you wish to cancel your subscription, please contact membership@sunshinewhite.com with the subject heading 'Subscription Cancellation Request', and provide your email and full name used to subscribe to our products. Please allow at least 3 business days to process and cancel your subscription. ADDRESS THE REST OF THIS WHEN YOU ADOPT RECHARGE!!

 

Delivery

We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee any firm delivery dates.

Most orders are shipped by us and leave our premises within three (3) business days of the order being made. In peak periods such as Christmas please allow six (6) days for dispatch.

We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

For orders placed in Australia, please see the standard delivery times as specified on Australia Post - https://auspost.com.au/parcels-mail/calculate-postage-delivery-times/#/

 All risk in the product/s purchased shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

If an order is returned to us you will need to email us at customercare@sunshinewhite.com to arrange re-delivery. You will be responsible for the costs of re-delivery.

Shipping times are out of our control and we accept no liability for delay in shipping from the time the order leaves our custody.

 

Cancellation

We may terminate a Contract, if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.

 

Customs Charges, Duties and Fees

We are based in Australia and we charge you for your order in Australian dollars (AUD).

If you are purchasing from overseas, the actual price charged will be subject to the exchange rate applied by your credit or debit card company.  Please contact your customs office if you are unsure of whether your delivery will be affected.

 

Faulty Product Returns

If you have received a Product with a defect, please contact us via customercare@sunshinewhite.com as soon as possible, so we can guide you through the returns process and help resolve the problem. In order to assess your claim, you may be required to send us photographs of the damage or defect.

The defective product must be returned to us within thirty (30) days of your purchase. If you elect to return the defective product you must pay the shipping costs of the return. These costs will not be refunded.

If we deem the product is defective, we will replace the product or refund the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.

It does not constitute a defect, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

Our LED lights come with a five (5) year warranty. If the LED light fails at any time in the five (5) years following purchase you can make a claim under this warranty, and we will provide you with a replacement LED light. In order to make a warranty claim, you will need to contact us at customercare@sunshinewhite.com

 

Change of Mind Returns

Due to the nature of our product, we do not offer change of mind returns under any circumstances.

 

Disclaimer and Liability

Nothing in these terms and conditions excludes or limits your statutory rights as a consumer or our Liability for:-

(a) fraud;

(b) death or personal injury caused by our breach of duty;

(c) any breach of the obligations implied by law; or

(d) any other Liability which cannot be excluded or limited by applicable law.

In performing any obligation under these terms and conditions, our only duty is to exercise reasonable care and skill.

It is your responsibility to ensure that the products are sufficient and suitable for your purposes, and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these terms and conditions.

To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the site, our services or these terms and conditions.

Our total liability under any contract shall in no circumstances exceed, in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

 

Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions or your breach of any law or the rights of a third party.

 

Charities and Charitable Contributions

SunshineWhite Pty Ltd is committed to supporting charities at the checkout. Upon nominating a charity at the checkout, you agree and acknowledge the following: You recognise that this is not a personal contribution; SunshineWhite Pty Ltd is committing $1AUD of its own profit to a charity at/through your nomination; we reserve the right to add, remove or change a listed charity from time to time, however we will endeavor to ensure we notify our customers; SunshineWhite Pty Ltd donates nominated charitable contributions to each charity at the end of each month; Upon subscribing to a product, the charity you nominate will continue on as your nominated charity; In the event a nominated charity is removed during your product subscription, $1AUD will be committed to a random charity - in order to select a new charity you will need to resubscribe to a product.

 

Mediation and Dispute Resolution

In the event of any dispute under these terms and conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these terms and conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

 

Intellectual Property

This site and its content, features and functionality are and will remain the exclusive property of SunshineWhite Pty Ltd. The site is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and copyright may not be used in connection with any product or service without the prior written consent of SunshineWhite Pty Ltd.

Nothing in these terms constitutes a transfer of any Intellectual property rights from us to you.

We reserve all rights, title and interests in our intellectual property.

  

GENERAL

Governing law: These terms and conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law Queensland and both parties hereby submit to the jurisdiction of the courts of Queensland.

Change of the Terms and Conditions: We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new terms and conditions.