Terms of Service

Last Updated: January 14, 2026

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the SmachnoUA website, including any content, functionality, and services offered on or through the website (collectively, the "Service"). SmachnoUA ("we," "us," or "our") is a Canadian-based online bakery providing baked goods for purchase and delivery. By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, you must not access or use the Service.

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Use of the Service

You may use the Service for personal, non-commercial purposes, such as browsing our menu, placing orders, and contacting us. You agree not to:

• Use the Service for any illegal or unauthorized purpose;
• Interfere with or disrupt the Service or servers;
• Attempt to gain unauthorized access to any part of the Service;
• Engage in commercial activities without our prior written consent;
• Transmit viruses, malware, or other harmful code;
• Scrape, crawl, or spider the Service without permission.

We reserve the right to suspend or terminate your access to the Service at any time for any reason, including violation of these Terms.

3. Orders and Purchases

When you place an order through the Service, you are making an offer to purchase products subject to these Terms. We reserve the right to accept or reject any order. Acceptance occurs when we send you an order confirmation email or begin processing your order.

Prices for products are listed on the Service and are in Canadian dollars (CAD), excluding applicable taxes, shipping, and handling fees, which will be added at checkout. We may change prices at any time without notice, but changes will not apply to orders already accepted.

Payment is processed securely through third-party providers (e.g., Stripe). By providing payment information, you authorize us to charge the applicable amount. All payments are final and non-refundable except as outlined in our Refund Policy below.

We strive to deliver orders within the estimated timeframes provided at checkout, but delivery times are not guaranteed and may be affected by factors beyond our control (e.g., weather, carrier delays). Title and risk of loss pass to you upon delivery.

4. Refund and Cancellation Policy

Due to the perishable nature of our bakery products, all sales are final. However, if your order arrives damaged or incorrect due to our error, please contact us within 24 hours of delivery at [email protected] with details and photos. We may, at our discretion, offer a refund, replacement, or credit.

You may cancel an order before it is processed or shipped by contacting us promptly. Once shipped, cancellations are not possible. Nothing in this section limits your rights under applicable consumer protection laws.

5. Intellectual Property

The Service and its content (including text, images, logos, recipes, and software) are owned by SmachnoUA or its licensors and protected by Canadian and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, revocable license to access and use the Service for personal purposes only. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our prior written consent.

6. Disclaimers and Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses.

While we take care to ensure product descriptions are accurate, we do not guarantee that all information on the Service is complete, current, or error-free. We may make changes to the Service or products at any time without notice.

Certain warranties may be implied by law and cannot be excluded. Nothing in these Terms excludes or limits any warranties or remedies available to you under applicable Canadian consumer protection laws (e.g., the Consumer Protection Act in your province).

7. Limitation of Liability

To the fullest extent permitted by law, SmachnoUA, its affiliates, suppliers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business interruption) arising from your use of the Service, even if advised of the possibility of such damages.

Our total liability to you for any claim arising from these Terms or the Service shall not exceed the amount you paid for the relevant product(s). Nothing in this section limits our liability for death, personal injury, fraud, or any other liability that cannot be excluded under applicable law.

Because some jurisdictions (including certain Canadian provinces) do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers or limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless SmachnoUA, its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising from your violation of these Terms, misuse of the Service, or violation of any third-party rights.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the courts located in Toronto, Ontario.

If you are a consumer, nothing in these Terms affects your rights under the consumer protection laws of your province or territory.

10. Changes to Terms

We may update these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

11. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force (severability). Our failure to enforce any right does not constitute a waiver. These Terms, together with our Privacy Policy and any order confirmations, constitute the entire agreement between you and SmachnoUA.

SmachnoUA reserves the right to refuse service to anyone for any reason at any time, subject to applicable laws.