Terms of service

Terms and Conditions

All flowers offered on our website have been personally tested by us. Our CBD flowers are fully legal. In accordance with Czech Government Regulation No. 463/2013 Coll. on the List of Addictive Substances, technical hemp (hemp) refers to registered hemp varieties containing no more than 1% THC by dry weight.

These General Terms and Conditions ("Terms") are issued by:

SmokeyDoo s.r.o.
Školská 660/3
Nové Město (Prague 1)
110 00 Prague
Czech Republic

Company ID (IČO): 23338563

Email: smokeydoo@email.cz
Telephone: +420 604 611 177

("we", "us", "our" or the "Seller")

These Terms govern the mutual rights and obligations between you, as the purchaser, and us, as the seller, arising from or in connection with a purchase agreement ("Agreement") concluded through the SmokeyDoo online store.

Information regarding the processing of your personal data is available in our Privacy Policy.

These Terms form an integral part of every Agreement concluded between you and us. The Agreement and these Terms are prepared in the Czech language. We reserve the right to amend or supplement these Terms at any time. Such amendments shall not affect rights and obligations arising during the validity of previous versions of the Terms.

As our business operates primarily online, all Agreements are concluded remotely using means of distance communication through our online store ("Online Store Interface"), without the simultaneous physical presence of both parties.

Should any provision agreed during the ordering process differ from these Terms, the specific agreement reached during the purchase process shall prevail.

I. Definitions

For the purposes of these Terms:

  1. Price means the purchase price payable for the Goods.

  2. Delivery Charge means the amount payable for delivery of the Goods, including packaging costs.

  3. Total Price means the Price plus the Delivery Charge.

  4. VAT means Value Added Tax applicable under Czech legislation.

  5. Invoice means the tax document issued in accordance with applicable VAT legislation.

  6. Order means your binding offer to conclude an Agreement for the purchase of Goods.

  7. User Account means an account created using your registration details that allows you to store personal information, review previous orders, and manage concluded Agreements.

  8. You means the customer purchasing Goods through our Online Store.

  9. Goods means any products offered for sale through the Online Store.

II. General Provisions

  1. Goods may only be purchased through the Online Store.

  2. When placing an Order, you are required to provide complete, accurate, and truthful information. We will rely on the information you provide when processing your Order.

III. Conclusion of the Agreement

  1. Agreements may only be concluded in the Czech language.

  2. The Agreement is concluded remotely via the Online Store. You bear the costs associated with your own means of distance communication (such as internet access). These costs do not exceed your standard telecommunications charges. We do not charge any additional fees beyond the Total Price. By submitting an Order, you expressly agree to the use of distance communication.

  3. To conclude an Agreement, you must create an Order through the Online Store containing at least the following information:

  • the Goods you wish to purchase;

  • the Price, Delivery Charge, payment method, and chosen delivery method;

  • your identification and contact details, including your full name, delivery address, telephone number, and email address;

  • where applicable, the duration of any recurring supply of Goods.

  1. Before submitting your Order, you may review and amend all information entered. By clicking the "Order with obligation to pay" button, you submit a binding Order. Before submission, you must confirm that you have read and accepted these Terms by selecting the appropriate checkbox.

  2. We will confirm receipt of your Order by email without undue delay. Our confirmation email, together with these Terms, constitutes acceptance of your Order, at which point the Agreement is concluded.

  3. In exceptional cases, we may be unable to accept your Order, for example if the Goods are unavailable or the requested quantity exceeds the permitted purchase limit. Where this occurs, we will contact you and provide a revised offer. The Agreement will be concluded only once you accept the revised offer.

  4. If an obvious pricing error appears on the Online Store or in your Order, we are not obliged to supply the Goods at the incorrect price, even if your Order has already been confirmed. We will notify you without undue delay and offer the Goods at the correct price. The new Agreement is concluded only after you accept this offer. If you do not respond within three (3) days, we may withdraw from the Agreement. An obvious pricing error includes, for example, a missing digit or a price clearly inconsistent with the market value of the Goods.

  5. Once the Agreement has been concluded, you are obliged to pay the Total Price.

  6. If you have a User Account, you may place Orders through it. You remain responsible for ensuring that all pre-filled information is accurate and up to date.

  7. Where promotional discounts or discount codes are available, they must be entered in the designated field during the ordering process. If valid, the relevant discount will automatically be applied to your Order.

IV. User Account

  1. By registering through the Online Store, you may create a User Account.

  2. When registering a User Account, you are required to provide accurate, complete, and truthful information and keep it up to date whenever your details change.

  3. Access to your User Account is protected by your username and password. You are responsible for maintaining the confidentiality of your login credentials and must not disclose them to any third party. We accept no liability for any misuse resulting from your failure to protect your login details.

  4. Your User Account is personal and may not be transferred or made available to any third party.

  5. We reserve the right to suspend or delete your User Account, particularly if it has remained inactive for more than one year or if you breach these Terms.

  6. The User Account may not be available continuously due to necessary maintenance, system updates, or technical issues.

V. Prices, Payment Terms and Retention of Title

  1. Prices are displayed in the Online Store, during the ordering process, and in the Agreement. In the event of any discrepancy, the price shown in the Order summary shall prevail.

  2. All prices include VAT and all statutory charges unless stated otherwise.

  3. Payment of the Total Price must be made before the Goods are dispatched. You may choose one of the following payment methods:

a) Bank Transfer

Payment details will be provided in the Order confirmation email. Payment is due within 14 days.

b) Online Card Payment

Payments are processed securely through the payment gateway used by the Online Store. By choosing this method, you agree to the terms and conditions of the payment provider. Payment is due immediately upon completion of the transaction.

c) Cash on Delivery

Payment is made upon delivery of the Goods.

d) Cash on Collection

If personal collection is available, payment may be made upon collection of the Goods.

  1. An electronic invoice will be issued after payment has been received and sent to the email address provided with your Order. A copy may also accompany the Goods or be available within your User Account.

  2. Ownership of the Goods passes to you only after the Total Price has been paid in full and the Goods have been delivered.

VI. Delivery of Goods and Transfer of Risk

  1. Goods may be delivered using one of the following methods:

  • Personal collection (where available);

  • Collection from designated parcel collection points;

  • Delivery by contracted courier services.

  1. Delivery is available only within the Czech Republic unless otherwise stated.

  2. Delivery times depend on product availability and the selected delivery method. Estimated delivery dates are provided for guidance only and are not guaranteed.

  3. Upon receiving the Goods, you must inspect the packaging immediately. If the packaging is damaged or appears to have been tampered with, you should notify both the carrier and us without delay. You are not obliged to accept a shipment that shows signs of unauthorised interference.

  4. If you fail to accept delivery without a legitimate reason, this does not constitute withdrawal from the Agreement. We may, however, withdraw from the Agreement due to your material breach and claim compensation for any costs incurred.

  5. If delivery must be repeated due to circumstances on your side, you are responsible for any additional delivery costs. Payment instructions for these costs will be sent to your email address and are payable within 14 days.

  6. The risk of loss or damage to the Goods passes to you upon receipt. If you fail to accept delivery when reasonably able to do so, the risk passes to you at the moment delivery could have been completed.

  7. Where Goods are not in stock, we will inform you without undue delay of any significant production delays, supplier delays, or changes to the expected delivery date.

  8. If we are unable to deliver the Goods within 30 days after the expected delivery date stated in the Order confirmation, either party may withdraw from the Agreement.

VII. Rights Relating to Defective Goods

  1. We guarantee that, at the time the risk passes to you, the Goods:

  • correspond to the agreed description;

  • possess the characteristics described on the product page;

  • are suitable for their intended purpose and normal use;

  • correspond to any sample or model where applicable;

  • are supplied in the agreed quantity and quality;

  • comply with all applicable legal requirements;

  • are free from third-party rights.

  1. Your statutory rights regarding defective Goods are governed by the applicable provisions of the Czech Civil Code and consumer protection legislation.

  2. If the Goods are defective, you may submit a complaint by contacting us using the email or postal address listed above. You may also use our Complaint Form attached as Appendix 1.

When making a complaint, please specify the remedy you request. Once chosen, the requested remedy cannot normally be changed without our consent.

  1. Where the defect constitutes a material breach of the Agreement, you may choose one of the following remedies:

  • replacement of the Goods;

  • repair of the Goods;

  • an appropriate price reduction;

  • withdrawal from the Agreement.

  1. Where the defect constitutes a non-material breach, you may request:

  • replacement;

  • repair;

  • an appropriate price reduction.

If we fail to remedy the defect within a reasonable time or refuse to do so, you may withdraw from the Agreement.

  1. You may not withdraw from the Agreement or request replacement Goods if you are unable to return the Goods in substantially the same condition in which you received them, except where applicable law provides otherwise.

  2. We will acknowledge receipt of your complaint within three (3) days and aim to resolve it without undue delay, but no later than thirty (30) days unless we agree otherwise.

  3. You will be informed of the outcome of your complaint by email. Where the complaint is accepted, you are entitled to reimbursement of reasonable costs incurred in exercising your rights.

  4. If you purchase Goods as a business customer, you must notify us of any defects without undue delay after they become apparent.

  5. Consumers are entitled to exercise their statutory rights in relation to defects that become apparent within twenty-four (24) months from delivery.

  6. These rights do not apply to:

  • defects for which a reduced purchase price was agreed;

  • normal wear and tear;

  • defects corresponding to the degree of use of second-hand Goods;

  • defects resulting from the nature of the Goods themselves.

VIII. Withdrawal from the Agreement

  1. The Agreement may be terminated by withdrawal only in the cases expressly provided for in these Terms or by applicable law.

  2. If you are a consumer, you have the right to withdraw from the Agreement without giving any reason within 14 days of receiving the Goods, in accordance with Section 1829 of the Czech Civil Code.

Where the Agreement covers multiple items delivered separately, the withdrawal period begins on the day you receive the final item. For contracts involving regular or recurring deliveries, the withdrawal period begins upon receipt of the first delivery.

You may exercise your right of withdrawal by any clear written statement sent to us by email or post. You may also use the model Withdrawal Form attached as Appendix 2.

  1. The right of withdrawal does not apply where the Agreement concerns:

  • Goods made to your specifications or clearly personalised;

  • perishable Goods or Goods which have been inseparably mixed with other products after delivery;

  • sealed Goods which are unsuitable for return for health or hygiene reasons once unsealed;

  • audio or video recordings or computer software supplied in sealed packaging that has been opened;

  • newspapers, magazines or periodicals (except subscription contracts);

  • digital content supplied electronically where performance has begun with your prior express consent and acknowledgement that you lose your right of withdrawal.

  1. The withdrawal period is considered met if your notice of withdrawal is sent before the expiry of the relevant deadline.

  2. If you withdraw from the Agreement, we will reimburse all payments received from you within 14 days of receiving your notice of withdrawal. However, we may withhold reimbursement until we have received the returned Goods or you have supplied evidence that they have been sent back.

  3. You must return the Goods within 14 days of withdrawing from the Agreement. You are responsible for the direct cost of returning the Goods unless otherwise required by law. We will also reimburse the original delivery costs up to the amount of the least expensive standard delivery method we offered.

  4. You are responsible for any reduction in the value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functionality.

  5. We may withdraw from the Agreement before dispatching the Goods if objective circumstances beyond our reasonable control prevent us from fulfilling the Order, including supplier issues, stock shortages, or where incorrect information has been intentionally provided during the ordering process.

IX. Consumer Dispute Resolution

  1. We are not bound by any consumer codes of conduct within the meaning of the Czech Civil Code.

  2. Consumer complaints may be submitted by email to:

smokeydoo@email.cz

  1. Consumers have the right to out-of-court dispute resolution through the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Czech Republic.

Website:
http://www.coi.cz

  1. Consumers may also use the European Online Dispute Resolution (ODR) platform:

https://ec.europa.eu/consumers/odr

X. Final Provisions

  1. Any legal relationship containing an international element shall be governed by the laws of the Czech Republic, without prejudice to the mandatory consumer protection provisions applicable in your country of residence.

  2. All written communication between the parties shall be conducted electronically via the email addresses provided.

  3. We reserve the right to amend these Terms. Such amendments shall apply only to Agreements concluded after the amended Terms become effective. Existing Agreements remain unaffected.

  4. Neither party shall be liable for failure to perform obligations caused by events beyond reasonable control, including natural disasters, pandemics, power failures, or other force majeure events. If such circumstances continue for more than ten (10) days, either party may withdraw from the Agreement.

  5. These Terms include the following appendices:

  • Appendix 1 – Complaint Form

  • Appendix 2 – Model Withdrawal Form

  1. The Agreement, including these Terms, is stored electronically by us. Although it is not publicly accessible, you will always receive a copy of your Order confirmation together with these Terms by email.

  2. These Terms become effective on 30 July 2022.

Appendix 1 – Complaint Form

Recipient: SmokeyDoo

Complaint Notification

Date of Agreement:

Full Name:

Address:

Email Address:

Goods Being Complained About:

Description of the Defect:

Requested Resolution (including bank account details if requesting a refund or price reduction):

I also request written confirmation of the date on which the complaint was submitted, the subject of the complaint, the remedy requested, and the method and date of its resolution.

Date:

Signature:

Appendix 2 – Model Withdrawal Form

Recipient: SmokeyDoo

I hereby give notice that I withdraw from the purchase agreement relating to the following Goods.

Date of Agreement:

Full Name:

Address:

Email Address:

Goods Concerned:

Preferred Refund Method (including bank account details if applicable):

If the purchaser is a consumer, they have the right to withdraw from a distance contract within fourteen (14) days from receiving the Goods, except where statutory exceptions apply.

Returned Goods must be sent back without undue delay and no later than fourteen (14) days after withdrawal.

Following a valid withdrawal, we will refund all payments received, including standard delivery charges, within fourteen (14) days. We may withhold reimbursement until the returned Goods have been received or proof of return has been provided.

Date:

Signature: