1. Definitions

• "The Website" refers to the website of SMUKHI, accessible at www.smukhi.nl
• "We/Our/Us" refers to SMUKHI, a sole proprietorship operating under Dutch law, located at Kampstraat 80B, 6163 HG, Geleen, The Netherlands.
• "User/You" refers to the person or entity accessing or using the website and/or purchasing products.
• "Products" refers to physical goods, including plants, plant accessories, and plant care products sold through the website.

2. Acceptance of Terms

By accessing or using the Website and purchasing products, you agree to comply with and be bound by these General Terms and Conditions. If you disagree with any part of these terms, you must refrain from using the website.

3. Use of Website

You agree to use this Website in accordance with all applicable laws, regulations, and these Terms. You are prohibited from using the Website for any unlawful activity, including the infringement of intellectual property rights or distributing harmful software.

4. Account Registration

You are not required to create an account to make purchases on the Website. However, you may choose to create an account for easier future purchases and order tracking. You are responsible for maintaining the confidentiality of your account details.

5. Products and Services

Product Availability: We strive to ensure that all products listed on the Website are available for purchase. However, availability may vary, and we reserve the right to cancel or refuse an order if the product is unavailable.

Product Descriptions: We make every effort to accurately display the features, specifications, and prices of our products. However, we cannot guarantee that all product descriptions are 100% accurate, complete, or error-free.

6. Order and Payment

Placing an Order: When you place an order through the Website, you make an offer to purchase the products. We will send you an order confirmation via email once your order is processed.

Payment Methods: We accept the following payment methods: Credit cards, PayPal, Bank transfer, iDeal, Shop Pay, Apple Pay, Google Pay, and Bancontact.

Pricing: All prices listed on the Website are in euros (€) and include VAT, unless stated otherwise. Prices may vary based on your location and the applicable VAT rate.

7. Shipping and Delivery

Shipping Methods: We ship products via third-party carriers, including DPD, DHL, UPS, and PostNL.

Shipping Areas: We deliver within the European Union (EU), as well as to the UK and USA (excluding prohibited items such as plants, fertilizers, and substrates). For shipping outside these areas, please contact us directly to discuss possibilities.

Delivery Times: We aim to process and ship orders as quickly as possible, but delivery times may vary based on the carrier and destination. Delivery times are estimates, and delays due to external factors (e.g., customs, courier delays) may occur.

8. Right of Withdrawal and Returns

Right of Withdrawal: You have the right to cancel your order within 14 days of receiving the product(s), without giving a reason. To exercise your right, you must notify us in writing (email or contact form).

Certain goods and services are excluded from the right to cancel, including:

• Perishable goods: Live plants (and other products that deteriorate quickly, such as food or flowers) are excluded from the standard 14-day return policy.
• Sealed goods: If the goods were sealed and opened (for instance, sealed packaging that has been broken), the consumer loses the right to cancel.

Returns: You may return products within 14 days from the shipment date, provided the products are unused, in their original condition, and in the original packaging. Return shipping costs are the responsibility of the customer. Please note that live plants, cuttings, or seeds cannot be returned.

Refunds: Once your return is received and inspected, we will issue a refund to the payment method used for the purchase. Refund processing times may vary depending on the payment method used. Shipping costs are non-refundable.

9. Warranties

Live Plant Guarantee: We take full responsibility for the health of the plants and the quality of the packing at the time they leave our premises. All our plants are packed securely with the utmost care to minimize the risk of damage during transit. However, as plants are perishable goods, we cannot guarantee that they will remain in the exact same condition as when they left our premises once they are in transit.

Transit Shock: Plants are living organisms and may experience what is known as "transit shock" during shipping, which is a natural and expected reaction to changes in environmental conditions. It is common for plants to show signs such as yellowing, leaf discoloration, browning, or loss of some leaves during this period. These are temporary effects that can happen due to the stress of being moved, changes in humidity, temperature fluctuations, and lack of direct sunlight during transit. These signs do not necessarily indicate a problem with the plant’s overall health.

Root System Health: As long as the plant has a healthy root system, it will typically recover from transit shock and continue to produce new growth, including new leaves. Our guarantee covers the plant's health, and we will take responsibility for plants that arrive with severe damage or if the plant is clearly not alive, but minor cosmetic issues like those described above should be expected and are not grounds for a claim.

Conditions:

• We recommend selecting express delivery option for live plants (if offered) to minimize transit time. If you opt for standard delivery, we cannot guarantee the plants' survival or condition due to the possibility of extended transit times.
• If your plants arrive damaged or in poor condition, please notify us within 24 hours of receiving the order. We will require clear photographic evidence of the plant(s) in their original packaging to process your claim.

Exclusions to Warranty: The warranty does not cover:

• Damage caused by mishandling, improper care, or failure to follow the plant care instructions provided on the website blog
• Plants that are damaged or lost due to delayed delivery or mishandling by the shipping carrier.
• Plants that are damaged as a result of opting for a slower delivery option when express shipping was available / offered
• Any issues that arise after the package leaves our premises and is handed over to the shipping company.

Shipping Delays and Loss: We are not responsible for any delays or loss of packages that occur after the plants are handed over to the shipping company. While we strive to ensure safe and timely delivery, once the package is with the carrier, we cannot be held responsible for any delays, damages, or loss that may occur during transit.

Non-Returnable Items: Live plants, cuttings, and seeds cannot be returned for reasons other than those specified under our Live Plant Guarantee.

Replacement, Voucher, or Refund: If your plant does not meet our live arrival guarantee, or any items are missing from your order, we offer the following resolution options:

• Voucher: A voucher will be issued for the value of the damaged or deceased plant/product. The voucher is our primary preferred method of compensation and can be used for future purchases on our website.
• Replacement: If a voucher is not suitable or you prefer a replacement, we will provide one based on the availability of the plant/product. Please note that replacements are subject to stock availability.
• Refund: If neither a voucher nor replacement is suitable, a partial or full refund (depending on the case) will be issued to the original payment method used for the order. Refunds will exclude shipping costs.

10. Intellectual Property

Ownership: All content on the Website, including text, images, graphics, logos, and software, is the property of SMUKHI and is protected by intellectual property laws. You may not copy, modify, or distribute any content without our written permission.

11. Privacy and Data Protection

Data Collection: We collect personal information such as your name, email address, shipping address, and phone number in order to fulfill your order and deliver products.

Data Usage: We do not share your personal data with third parties unless required to fulfill your order. For detailed information about how we collect and process your data, please refer to our Privacy Policy.

12. Liability

Limitation of Liability: We are not liable for any damages arising from the use of the Website or the products, including but not limited to, indirect, incidental, or consequential damages.

Force Majeure: We are not liable for any failure to fulfill our obligations due to events outside of our control, including natural disasters, strikes, or acts of government.

13. Amendments to the Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting the updated version on the Website. It is your responsibility to review the Terms regularly.

14. Governing Law and Dispute Resolution

These Terms and Conditions are governed by Dutch law. Any disputes arising from these Terms shall be resolved in the courts of the Netherlands. As we do not offer alternative dispute resolution (ADR), disputes will be handled through legal proceedings in Dutch courts.

15. Contact Information

For any questions or concerns about these Terms and Conditions or your orders, please contact us at:

• Email: contact@smukhi.nl
• Phone: +31621824225
• Address: Kampstraat 80B, 6163 HG, Geleen, The Netherlands