Terms of service

Overview

This website is operated by SMUKHI. Throughout the site, the terms "we", "us" and "our" refer to SMUKHI. SMUKHI offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms and Conditions ("Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1: Definitions

  • "Website" refers to www.smukhi.nl.
  • "We" / "Us" / "Our" refers to SMUKHI, a sole proprietorship registered in the Netherlands, located at Kampstraat 80B, 6163 HG, Geleen.
  • "User" / "You" refers to the person using the Website or placing an order.
  • "Products" refers to all digital and physical goods, including plants, plant care products, and accessories sold through the Website.

Section 2: Online store terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.

Section 3: General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 4: Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree it is your responsibility to monitor changes.

Section 5: Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 6: Products, availability and descriptions

Certain products or services may be available exclusively online through the website. These may have limited quantities and are subject to return or exchange only according to our Refund Policy. We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee your screen's display of any color will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may limit quantities of any products or services. Product descriptions and pricing are subject to change at any time without notice. We do not warrant the quality of any products, services, information, or other material purchased will meet your expectations.

Section 7: Business sales (B2B)

SMUKHI is a business-to-consumer (B2C) webshop and does not engage in business-to-business (B2B) sales. We do not issue invoices with 0% VAT. All orders are treated as private consumer purchases, and invoices include VAT where applicable under Dutch and EU tax laws.

Section 8: Accuracy of billing and account information

We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In such cases, we may attempt to notify you via email or phone. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your information so we can complete transactions and contact you as needed.

Section 9: Optional tools

We may provide access to third-party tools without monitoring or control. You acknowledge and agree that we provide access to such tools “as is” and “as available.” We shall have no liability relating to your use of optional third-party tools. Use of such tools is entirely at your own risk.

Section 10: Third party links

Certain content, products, and services may include materials from third-parties. Third-party links may direct you to external websites not affiliated with us. We are not responsible for content, accuracy, or any transactions with third parties. Please review third-party policies before engaging in any transaction.

Section 11: User comments, feedback and submissions

By submitting comments or feedback, you grant us the right to use, edit, copy, publish and distribute them without restriction. We are not obligated to keep any comments confidential, pay compensation, or respond. You agree your submissions will not violate any third-party rights. You are solely responsible for their accuracy.

Section 12: Personal information

Your submission of personal information is governed by our Privacy Policy.

Section 13: Errors, inaccuracies and omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct them and to change or update information without prior notice.

Section 14: Prohibited uses

You are prohibited from using the site or its content for: unlawful purposes, violating any laws, infringing intellectual property rights, harassment, uploading viruses, or interfering with security features. We may terminate your use for any prohibited activity.

Section 15: Disclaimer of warranties; limitation of liability

We do not guarantee uninterrupted or error-free service. Products and services are provided "as is" without warranties of any kind. SMUKHI shall not be liable for any damages, including indirect or consequential damages, resulting from the use of the service or products.

Section 16: Indemnification

You agree to indemnify and hold harmless SMUKHI and its affiliates from any claim arising from your breach of these Terms or your violation of any law or third-party rights.

Section 17: Severability

If any provision of these Terms is found to be unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions.

Section 18: Termination

These Terms remain effective unless terminated by either party. You may terminate at any time by ceasing use of the site. We may terminate if you fail to comply with any term.

Section 19: Entire agreement

These Terms and Conditions, along with posted policies, constitute the entire agreement between you and us. Any ambiguities shall not be construed against the drafting party.

Section 20: Governing law

These Terms are governed by Dutch law. Disputes shall be resolved in Dutch courts.

Section 21: Changes to terms and conditions

We reserve the right to update or change any part of these Terms at our discretion. Continued use of the site following updates constitutes acceptance.

Section 22: Customer obligations and payment terms

By placing an order, you make a binding offer to purchase products. Payment is due as specified at checkout. Unless otherwise agreed in writing, all orders must be paid within 7 calendar days of placement. If payment is not received within this period, the order may be automatically canceled and the products released back into inventory.

Ownership of goods remains with SMUKHI until full payment is received. If goods are delivered prior to payment, you agree to remit payment upon request. Non-payment beyond 14 days may incur interest and collection costs.

Pricing errors and free products
In the event that a product is displayed on the website with a price of €0.00, this shall be deemed a technical or administrative error and shall not be interpreted as a promotion, discount, or free offer. SMUKHI does not provide free products unless explicitly stated in the product name (for example, “Free Gift” or “Free Sample”). Should such an item be added to an order, SMUKHI reserves the right to remove the item from the order or to contact the customer with an offer reflecting the correct price prior to processing.

In addition to the provisions regarding products listed at €0, SMUKHI reserves the right to cancel any order placed at an incorrect price resulting from a typographical, technical, or system error. If a product is mistakenly offered at a substantially lower price than intended – such that the error would be apparent to a reasonable customer – SMUKHI is not obliged to fulfil the order at that incorrect price.
In such cases, the customer will be informed as soon as possible, the order will be cancelled, and any payment already made will be refunded in full.

Discount Code “ADD-TO-ORDER”
The discount code “ADD-TO-ORDER” is intended solely for use when an existing open order has already been placed and paid, including shipping costs. It may only be applied to an additional order intended to be combined with the original one. Use of this code does not grant free shipping and shall not be interpreted as such.

If the combined weight or size of the consolidated shipment exceeds the limit covered by the original shipping payment, SMUKHI reserves the right to adjust the shipping cost accordingly. In such cases, the customer will be notified of the revised shipping fee before the order is dispatched. Orders placed using this code without an existing open order may be canceled or subject to additional shipping charges.

Section 23: Withdrawal rights and return policy

Customers have the right to withdraw from the purchase of non-perishable goods within 14 days of receipt. Live plants, cuttings, and seeds are excluded. Other products may be returned within 14 days if unused and unopened. Return shipping is at the buyer's cost.

Section 24: Live plant health guarantee

We guarantee plants leave our premises in good condition. Transit stress may occur and is not grounds for refund. Claims must be submitted within 24 hours of delivery with an unboxing video and photos. Damage from neglect or courier delay is excluded.

Section 25: Force majeure

We are not liable for any delay or failure due to causes beyond our control, including but not limited to natural disasters, strikes, war, pandemics, or carrier disruptions.

Section 26: Contact information

Email: contact@smukhi.nl
Address: Handelsweg 15, 6163 AJ, Geleen, The Netherlands
KvK: 97434426
VAT: NL005271331B18