Terms and conditions
These terms and conditions (“terms”) and the terms contained within the web site disclaimer apply to your use of this web site and any purchase you make. You will need to confirm that you have read and understood these terms and conditions and our disclaimer in order to proceed with your order and to make a purchase.
You will be able to print off a copy of these terms and conditions - we recommend that you do this and keep the copy for your future reference. You will also need to confirm that you consent to our processing of your personal data in order to proceed with a purchase. Please read the terms and conditions which deal with our use of your personal data carefully and tick the box at the bottom of this page to indicate your consent.
If you do not agree to the terms and conditions below and/or our processing of your personal data in accordance with these terms and conditions please do not place any order with us.
In these Terms, the following words have the following meanings unless the context otherwise requires:
Means any contract between You and Us incorporating these Terms for the supply of Products and Services.
Means Smile 4 You LCC
Means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities.
Means any and all products ordered from Us by You.
"We, Us, Our"
Means Smile 4 You LCC
Means any and all services ordered from Us by You and includes any membership which may be offered to restricted areas of the Web Site.
"You, Your, Yourself"
means the person whose order for Products and/or Services is accepted by Us.
1. About Us
Instant Performer™ is owned and operated by Smile 4 You LLC, 616 Corporate Way, Suite 2 #4000, Valley Cottage, New York 10989, USA.
2. About You
By placing an order through this Web Site You warrant that You are at least 18 years old and capable of entering into binding contracts. You further warrant that you understand and agree to be bound by these Terms.
3. Terms and Conditions
3.1 These Terms govern the supply of Products and Services to You.
3.2 It is Your responsibility to ensure that Your use of the Web Site and the purchase of the Products and/or Services is legal in the country in which You are resident and/or in which You are viewing this Web Site. Please refer to Our Disclaimer for further details.
4. Basis of Contract
4.1 These Terms and any document or disclaimer referred to in them represent the entire agreement between You and Us in relation to the supply of any Products and/or Services via the Web Site.
4.2 These Terms supersede all previous terms and conditions, prior agreements, representations, understandings or arrangements and shall replace any terms and conditions previously available on this Web Site or notified to You. You acknowledge that in entering into a Contract with Us You have not relied upon any representation, undertaking or promise previously given or implied from anything said in negotiations or otherwise prior to such Contract save as is expressly set out in these Terms.
4.3 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products, Services (including without limitation any membership offerings) and/or the Web Site unless confirmed by a Director in writing.
4.4 No oral representations or warranties shall bind Us unless given by a Director.
4.5 We have the right to modify, vary or amend these Terms from time to time. No variation to these Terms shall be binding on Us unless agreed in writing between You and a Director in advance of Your order.
4.6 We shall put a notice on our homepage when these Terms have been updated. You will be subject to the terms and conditions in force at the time that You order Products and/or Services from Us. However, the provision of our on-going Services such as any membership offered will be subject to the updated terms and conditions in place from time to time and accordingly, it is Your responsibility to read and review these Terms from time to time so that You are fully aware of any changes. Your purchase of Products and/or Services and/or continued use of the Web Site and/or, where applicable, Your continued membership of the Web Site or part thereof shall be deemed to be Your acceptance of any modification or variation which has been made.
4.7 Unless otherwise agreed in writing by Us, Services will be provided for a minimum period of 6 months from acceptance of Your order for the same. Following expiry of that period, We may by notice in writing to You at any time terminate the provision of such Services.
5. Orders and Contracts
5.1 You may place orders for Products and/or Services either via the Web Site.
5.2 We have the right to refuse to accept any orders placed for Products and/or Services. Your order for Products and/or Services constitutes an offer to Us to buy those Products and/or Services and shall only form a binding Contract when We send Our order confirmation to You by e-mail.
5.3 You shall be responsible for the accuracy of Your order and for giving Us any and all information necessary for Us to perform the Contract. When You input Your details via the Web Site, You are responsible for ensuring that all information You give Us is correct. Our ordering process on the Web Site will provide You with instructions on how to correct any input errors.
5.4 When ordering by post or fax, it is Your responsibility to ensure that the details You include on the order form are correct and legible. If You order by telephone, We will read back Your details to You. You must inform Us of any errors in Your details at that stage. Due to the fact that we will endeavour to deliver Your Products to You very quickly, You have a period of 24 hours from confirmation of Your order to correct any errors in Your order by emailing email@example.com.
5.5 Products are subject to availability. If We are unable to supply You with the Products due to the fact that they are out of stock, We will inform You as soon as possible. You will be given the option of (i) waiting until the Products are in stock when We will perform the Contract; or (ii) cancelling Your affected order and obtaining a full refund (if We have already received payment from You).
5.6 We try to ensure that all details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You as soon as possible and it will be corrected.
5.7 Please note that any details and/or specifications for the Products and/or Services produced by Us (including any photographs of the Products) are intended as a guide only to give a general approximation.
5.8 We keep copies of all orders We receive and accept for a period of 6 years from the date of the order. This enables Us to process orders effectively, maintain high levels of customer service and deal with quality issues should they arise.
5.9 We will have Special Offers on Our Website from time to time, which, in the event of any dispute regarding the Rules, conduct, results and all other matters relating to these matters, the decision will be left to the management of Our Website. No correspondence, beyond reason, or discussion shall be entered into relating to any disputes.
6.1 We offer membership to a restricted area of this Web Site as a Service from time to time. To become a member (where this Service is offered) You need to fill out Your details on-line. This will constitute Your application. We will grant membership to the Web Site once Your application has been processed by notifying You that You have been successful and You will be given a user name and allocated a password. A binding Contract for access to the members' only section of the Web Site will only be formed when We send You Your user name and password.
6.2 You must use your username and password to access the Members' only section of the Web Site. You must keep this user name and password safe and secure as You are responsible for any actions committed using this user name.
6.3 You undertake to ensure that Your use of the Web Site is legal, honest, decent and truthful and does not offend any individual or section of society. You must also read and make sure you comply with the rules of use contained in Our Disclaimer http://www.maleextra.com/disclaimer.php. If You breach the rules governing Your use of the Web Site, We may revoke Your membership with or without notice and Your user name and password will be de-activated.
6.4 The materials contained on and accessed via the Member's only section of the Web Site and the Web Site generally are for reference only. You may print off copies for Your information but these documents are only for Your own personal use, nobody else's.
6.5 The availability of the Web Site is outside Our control and dependent upon third party providers. You acknowledge that Your use of the Website including the Member's only section may not be free from interruption.
Any Products purchased are for Your personal use only. The Products cannot be resold and cannot be given to any third party.
8.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations. The mechanism for cancelling Your Contract in this way is set out below.
8.2 You have a period of 7 working days from the date of receipt of Your Products in which to cancel Your order. In the case of an order for Services You have a period of 7 working days from the date We confirm Your order and the Contract is concluded in which to cancel Your order or, should You agree to the provision of Services before the expiry of the initial 7 day period your right to cancel shall expire on the date the provision of the Services begins. Unless You notify Us at the time of Your order that You wish to delay Our provision of Services to You, the provision of Services will commence with immediate effect. You may cancel Your order by sending an email to Us at support@Instant Performer.com and We will refund any monies You have paid to Us in respect of the cancelled order. You must return all orders to Instant Performer, c/o GRT Shipping Dept, PO Box 1697, Gresham, OR 97030.
8.3 The ability to cancel orders does not apply to:
8.3.1 personalized or perishable products;
8.3.2 videos, DVDs, audio or software products where the Product itself or its packaging has been unsealed; and
8.3.3 those Products where insufficient care has been taken in their handling. Such Products include those Products which are protected for hygiene or other reasons by protective or hygiene seals but the Product has been used and/or the seals have been broken or unsealed.
8.4 Where the Contract does not apply to the Products listed in paragraph 8.3 You may cancel Your Contract providing that You return any Products (including any free goods) already delivered to You at Your expense by Registered Post as soon as possible. You must take reasonable care of the Products whilst they are in Your possession and You must not use them. Please return the Products to Us with their original packaging. If you have not returned the Products within 14 days of cancellation we can collect the Products from You at Your cost.
8.5 After cancelling Your Contract We will refund the purchase price (if We have already received payment). We may deduct from the refunded purchase price any banking charges directly incurred by Us as a result of the cancellation.
8.6 We shall have no Liability to You in respect of any cancelled orders other than the return of any payment You may have made before cancellation (subject to the deductions listed in paragraphs 8.4 and 8.5 above). This does not affect Your statutory rights.
9.1 Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control including without limitation those events set out in paragraph 16.3.
9.2 As a general rule, We will dispatch the Products to You on the same day as We accept Your order (subject to the Products being in stock) or the next working day if Your order is placed outside of our normal working hours. In most cases, We charge for delivery and packaging. These delivery prices are detailed on the Web Site and are subject to change. In some circumstances, We offer free delivery. However, this option may be withdrawn by Us at any time. Should free delivery be withdrawn We will notify You of the costs of delivery at the time you place Your order and You may cancel Your order at this stage should You not wish to proceed.
9.3 Where Products are to be delivered in instalments, each delivery shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any instalment shall not entitle You to repudiate and/or terminate any Contract as a whole.
9.4 Notwithstanding Your rights of cancellation set out at paragraph 8 above You have no right to reject Products and have no right to rescind for late delivery unless the due date for delivery or any subsequent date which has been notified to You has passed.
9.5 We shall not be required to fulfil orders for Products in the sequence in which they are placed.
9.6 In most cases, orders will be delivered to You by special delivery, requiring a signature to confirm receipt. It is Your responsibility to ensure that there is someone at the delivery address to sign for the Products when delivered. Alternatively, it is Your responsibility to collect the Products from any postal collection depot and/or arrange an alternative delivery date if You are unavailable to sign for the Products.
9.7 We are not responsible for the Products and their safe delivery after they have left Our possession. If You have any issues regarding non-delivery, late delivery and/or damage to the Products during transit, You must take this up with the carrier. We will provide You with their details on request.
10. Prices and Payment
10.1 The price for Products and Services shall be as shown on the Web Site at the date of Our acceptance of Your order.
10.2 Prices for the Products do not include delivery charges which You will be charged for in addition and these are clearly displayed on the Web Site. Whilst We do offer a free delivery service in some circumstances, We reserve the right to remove this option at any time and where this is the case We will notify You of the charges to be applied at the time You place Your order.
10.3 Unless otherwise stated, all prices are inclusive of VAT or other similar sales tax. Customers may be charged Import Duties on shipments of Instant Performer. These are charged by local Customs and are beyond our control. Any Import Duties are the responsibility of the customer.
10.4 Whilst We try to ensure that all prices on the Web Site are accurate, errors may occur and prices may vary. We use an automatic system which converts the price from US dollars into a stated currency based on the then current exchange rate. You will be billed in US Dollars (USD) which will be converted to your local currency by your card issuer based on the current exchange rate. This may vary to the prices shown on our website. If You do not agree to the price, do not proceed further with Your order. If We discover an error in the price of Products or Services You have ordered We will inform You as soon as possible and give You the option of either re-confirming Your order at the correct price or cancelling it. If We are unable to contact You, Your order will be cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Products or Services, You will receive a full refund.
10.5 You will be informed in writing by Us of any increases in prices for Products or Services which may have occurred between You placing Your order and Our acceptance of that order. You may cancel without any Liability any order in relation to which the price is increased.
10.6 Payment is due at the time You place Your order:
10.6.1 If you are ordering online via the Web Site, We use a third party to take Your payment by debit or credit card. When You proceed to checkout and place Your order, We will take Your personal details and card details and pass them to Our chosen credit card merchant. The credit card merchant will check and store Your data in order to process Your payment details. We have imposed obligations on our credit card merchant to protect the security and safety of Your data. In respect of each credit or debit card transaction, We strongly advise that you print off and retain a copy of the card transaction in an accessible place for future reference;
10.6.2 If You are placing orders by fax, when completing the order form please complete details of Your debit/credit card as requested on the form. Please note that fax is not a secure method of communication and We accept no liability for any loss and/or damage that You may suffer as a result of faxing Your credit/ debit card details to Us. As with online payments, Your card details and data will be passed to Our credit card merchant in order to process payment;
10.6.3 If You are placing Your order by telephone, We will ask for Your credit/debit card details in order to take payment. As with online payments, Your card details and data will be passed to Our credit card merchant in order to process payment; and
10.6.4 If You are placing Your order by post, please complete the order form and send it to Us, along with payment by way of postal order, cheque or cash in pounds sterling, to the address given. We advise You to send Your order by registered post so that its whereabouts may be tracked. We have no liability to You in respect of orders which do not reach Us.
10.7 We will not accept Your order and the Contract will not be concluded until such time as We receive confirmation from Our credit card merchant that Your payment has been authorised and/or We have received payment in full in cleared funds.
10.8 If for any reason payment in full is not made, We may withhold or suspend delivery of Products or, as the case may be, Services.
11. Property and Risk
Risk in the Products shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Products are passed to Our nominated carriers.
12. Faulty Goods
12.1 If You discover that a Product is faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
12.2 We may ask You to return the faulty Products to Us for inspection before We send You a replacement. If the Products are faulty, We will replace the faulty Product at no additional cost to You and refund any reasonable costs You may have incurred in returning the faulty Product to Us.
13.1 We are confident that You will be satisfied with the Products You have ordered. As a result, and without prejudice to Your rights under paragraphs 8 and 12, if You are not satisfied that the Products have produced any of the specified results We will refund the price You have paid for the Products provided that:
13.1.1 You use the Products fully in accordance with Our instructions (either as set out on the Web Site and/or sent with the Products);
13.1.2 You use the Products for the minimum period stated on http://www.instantperformer.com/guarantee/
13.1.4 You return the Product to Us at Your expense to Our address which We will provide when You apply for a refund.
13.2 To claim Your refund under this guarantee, please contact firstname.lastname@example.org. Any claim must be submitted within 6 months of Your purchase of the Products. By claiming a refund You warrant that You have used the Product as directed by Our instructions and for the minimum period.
13.3 Please be aware that the Products work differently for different users. Differences in metabolism and lifestyle can affect the time required to achieve results. You may not experience immediate results.
13.4 If You fail to comply with the conditions at 13.1 and the procedure outlined at 13.2 above We will not be obliged to refund Your purchase. If We refuse to refund Your purchase We will, at Your cost, return any unused Product to You providing that You have clearly stated in Your refund request that the unused Product is to be returned to You together with the address to which the unused Product is to be sent.
14. Data Protection
14.1 When You use Our Web Site, You will be asked to provide certain personal information such as Your contact details, credit/debit cards or other payment details. We will store the data You provide to Us on computers or otherwise. Data will be held in the US where the Web Site is hosted. By placing orders for the Products, you consent to the transfer of Your data outside the European Economic Area (EEA) for this purpose and Our processing generally. The purposes for which Your personal data will be processed are set out below. Please indicate Your consent to the processing of Your personal data for these purposes by ticking the relevant box at the end of these Terms. If you no longer wish Your data to be held outside the EEA and/or for Our processing to take place, please contact us at support@Instant Performer.com. However, this will affect your ability to use the Web Site and order Products and/or Services.
14.2 We will comply with the requirements of all data protection legislation in force. In particular, You may request a copy of any personal data We hold about You upon written application. Please note that We reserve the right to charge the current statutory fee for providing You with such information.
14.3 We will process Your personal data in an ethical manner. It will be used for the following purposes:
14.3.1 to process Your order;
14.3.2 where applicable, to administer Your membership of the Web Site;
14.3.3 to administer Our Web Site services which may involve sharing information with Our services providers;
14.3.4 to administer Our business;
14.3.5 for assessment and analysis (e.g. market, customer, product analysis) to enable Us to review, develop and improve the services which We offer and to enable Us to provide You with relevant information through Our marketing information; and/or
14.3.6 to notify You by post of any Products that We think may be of interest to You unless You inform Us that You do not wish to receive such information.
14.4 We may also disclose Your information to anyone to whom We transfer or may transfer Our business and/or Our rights and duties under the Contract with You or to the police or any other regulatory or government authority where We are legally required to do so.
14.5 We may share Our database(s) of customers with selected third parties.
14.6 If You do not wish Us to notify You by post of any additional products or services that We think may be of interest to You, please write to Us at the address set out in the section headed "Our details" or email Us at email@example.com.
14.7 We try to ensure that all data we hold about our customers is up to date and correct. Therefore, if any of your personal details change, please let Us know by contacting Us at support@Instant Performer.com. When ordering online, We will provide a clear process for You to correct any input errors.
15.1 We shall have no Liability to You for any loss of profit, business, revenue or income, loss of anticipated savings, lost data, damage to goodwill, business interruption, economic and/or other loss which, at the time You entered in to this Contract was not a reasonably foreseeable consequence of Us breaching these terms and conditions, for example, if You and/or We could not have contemplated such losses before or when we entered into a Contract.
15.2 Nothing in these Terms shall limit or exclude Our Liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited by law due to You acting as a consumer and/or due to any applicable law. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent, have no force or effect.
15.3 We do not guarantee that the Web Site will be compatible with Your PC and We accept no Liability for any corruption and/or loss of data held on Your PC, or any Liability for any other loss or damage of any kind caused to Your PC resulting from use of the Web Site.
16.1 No waiver by Us of any breach of any Contract by You and/or the failure by Us to exercise any rights or remedies to which We are entitled shall be considered as a waiver of any subsequent breach of the same provision or other provision or of Our rights or remedies and shall not relieve You from compliance with such obligations.
16.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
16.3 We shall have no Liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including acts of God, denial of service attacks, internet disruption, non performance by suppliers or subcontractors, war, flood, fire, labour disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
16.4 All third party rights are excluded and no third party shall have any right to enforce a Contract. Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties.
16.5 Notwithstanding Your rights set out above, if You are unhappy with any aspects of the Services and/or Products that We have provided to You or have any queries or comments regarding these, please contact Us by calling 1-877-778-8182 or e-mailing Us at firstname.lastname@example.org All customer queries will be responded to within a reasonable period of time, 48 hours.
I confirm that I am over 18 and have read, understood and agree to these terms and conditions and the terms of the Web Site Disclaimer.
I consent to the processing of my personal data for the purposes set out in these terms and conditions.