Welcome to SmartPromich!

These terms and conditions outline the rules and regulations for the use of SmartPromich Website, located at https://smartpromich.ca.

Use of our services constitutes acceptance of the Terms and Conditions (“Terms”). By using the company’s services, you are indicating that you have read and acknowledged the terms of use and our privacy policy and that you understand, and you consent to be bound by the terms of the agreement. If you do not agree to the terms of this agreement, please do not use the company’s service.

By accessing this website we assume you accept these terms and conditions. Do not continue to use SmartPromich if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing SmartPromich, you agreed to use cookies in agreement with the SmartPromich Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, SmartPromich and/or its licensors own the intellectual property rights for all material on SmartPromich. All intellectual property rights are reserved. You may access this from SmartPromich for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from SmartPromich
  • Sell, rent or sub-license material from SmartPromich
  • Reproduce, duplicate or copy material from SmartPromich
  • Redistribute content from SmartPromich

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SmartPromich does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SmartPromich,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SmartPromich shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SmartPromich reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SmartPromich a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Liability

SmartPromich nor any of the contributors shall have any liability for any direct, incidental, special exemplary, or consequential damages (including without limitation to loss of life, profits, property, etc.) whether in contract, strict liability, or Tort (including negligence or otherwise) arising in any way out of the use or distribution of the program or the exercise of any rights granted herein, even if advised of the possibility of such damages.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of SmartPromich; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to SmartPromich. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of SmartPromich logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Payments

All dollar amounts on this website are in Canadian dollars. Any transactions entered into by the customers will be deemed an acknowledgement and acceptance by the customer to pay, in full, the prices of the items selected and all applicable taxes, via the customer’s permitted method of payment. We reserve the right to change the permitted methods of payment at any time. If you fail to pay any fees or charges when due, we reserve the right to charge such amount directly to the credit card as provided by you at the time you submitted your order. You are liable for any fees, including legal costs and collections cost, that we may incur in our efforts to collect any unpaid balances from you.

After placing an order with SmartPromich, you will receive a confirmation e-mail. This confirmation is an acknowledgement of your order, but this does not constitute an acceptance of your order, nor does it constitute confirmation of our offer to sell. The availability and prices of products and services are subject to change at any time, without notice. The company reserves the right to limit quantities, and to decline the acceptance of any order for any reason.

All orders on this website after July 1st, 2010 to Ontario will be charged the Harmonized Sales Tax (HST).

SmartPromich uses a highly secure third-party payment processing called Stripe. Stripe accepts all major credit cards Pre-paid credit cards, and also allows alternative payment methods such as Apple Pay or Giropay. After entering the credit card information for processing, Stripe will analyze the credit card and will notify the customer and SmartPromich if there is anything wrong. On the other hand, SmartPromich will get more extensive details about the card.

Product listing

SmartPromich makes it a priority to ensure that all listed product descriptions provided by the manufacturer and suppliers are correct. All representations of the products by SmartPromich are a direct reflection of the manufacturer or supplier’s descriptions and SmartPromich shall not be held liable for any discrepancies found in the quality, certification, grading, etc., of the product. Any matters relating to defects or misrepresentation of goods should be brought to the attention of the respective manufacturer or supplier.

In the event a product is listed at an incorrect price, SmartPromich has the right to refuse or cancel any orders placed for products listed at the incorrect price without prior notification, regardless as to whether or not the order has been confirmed and/or your method of payment has been charged. If the method of payment has been charged and the order is cancelled, SmartPromich shall issue a credit to the credit card account in the amount of the incorrect price. Any increase in price during the processing of orders will render a notification to the customer, and the customer has the right to cancel the order at no extra charge.

Orders

The customer may cancel an order or modify the order (adding or removing products, change quantities, or change order deliver details) via an e-mail to SmartPromich up until a week until the delivery date selected (“Cut-off time”). If an order is cancelled or modified after the cut-off time, SmartPromich reserves the right to charge a 10% cancellation fee (calculated based on 10% of the before tax price of the order) or a flat fee $25, whichever of the two is greater, for all cancellations by the customer.

Returns

All orders made on SmartPromich will be eligible for a refund or an exchange 1 day after delivery, subject to the restrictions listed as follows:

Non-Returnable Items:

  • Produce or Meat or Grocery Items*

*If the purchaser can provide adequate proof that the goods were received damaged or defective upon receipt, please create a ticket with support to contact SmartPromich for the return or exchange of the goods. These returns are judged on a case by case basis and reserved solely for produce or meat or grocery items.

Non-Returnable if Opened:

  • Items sold in bulk or by the case

All returns will be subject to a 10% restocking fee (calculated based on 10% of the before tax price of the order) or a flat fee of $25.00. The list of goods is not exhaustive, and the categories listed that are not eligible for return are subject to change without notice, and will be affected by force majeure company policies in the event there are circumstances where SmartPromich cannot reasonably nor safely accept returns (ie. COVID-19, etc.).

Delivery

Risk of loss and title for items purchase from SmartPromich pass to customer upon delivery to the carrier.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

SmartPromich Inc’s. failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right, or obligation. If any term(s) and provision(s) contained within these Terms and Conditions are held to be invalid or unenforceable for any reason, either wholly or partly, such invalidity or unenforceability shall not affect the remainder of these Terms and Conditions and shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s), wholly or partly, had not been included in these Terms and Conditions.