IMPORTANT LEGAL NOTICE
Please read these terms and conditions carefully before using this
Website
These Terms are issued by www.Dubaiflorist.com
1 INTRODUCTION
1.1 These terms and conditions (Terms) are issued by
www.Dubaiflorist.com (the Company). They apply to the
entire contents of the websites under the domain name
www.Dubaiflorist.com (the Website) whether you act as a
private individual and consumer ("Consumer").
1.2 By accessing any part of the Website, You shall be deemed to have
accepted these Terms in full. If You do not accept these Terms in
full, You must leave the Website immediately.
1.3 The Company may revise these Terms at any time by updating this
posting. You should check the Website from time to time to review the
then current Terms, because they are binding on You.
1.4 You warrant that You possess the legal authority to enter into any
agreement and to use this Website in accordance with its Terms.
1.5 Access to the Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or withdraw, temporarily
or permanently the Website (or any part of it) with or without notice
and shall not be liable to You or any third party for any modification
or withdrawal of the Website.
2. LINKS TO THIRD PARTY WEBSITES
2.1 This Website may contain hyperlinks to websites operated by
parties other than the Company. The Company does not control such
websites and is not responsible for their contents, availability or
Your use of them. The Company inclusion of hyperlinks to such websites
does not imply any endorsement of the material on such Websites or any
association with their operators.
2.2 Any links to third party websites on this Website are provided
solely for Your convenience. If You use these links, You shall leave
this Website. If You decide to access any of the third party websites
linked to the Website, You do so entirely at Your own risk.
1 ORDERING PRODUCTS
1.1 In these terms and conditions:
1.1.1 "Consumer" means a natural person acting outside business
purposes;
1.1.2 "Products" means any products purchased by you through our
Website;
1.1.3 “us/our or we” means Dubaiflorist.com and any of
its authorised agents;
1.1.4 "Website" means www.Dubaiflorist.com
1.1.5 “you/your” means the Consumer or Business who orders the
Product(s).
1.2 All orders placed by you are subject to these terms and conditions
(Terms).
1.3 If you are a Consumer you must be over 18 to place an order via
our Website.
1.4 Whether you are a Business or a Consumer, you must have the legal
authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an email
confirming receipt of your order, your order number, invoice address,
delivery address, description of Products ordered, the price and
quantity of the products ordered, the expected delivery date of the
products and confirmation of any message to be delivered with the
products ordered.
1.6 Your order is an offer from you to us to purchase the Products.
Our acknowledgement of your order is not acceptance of your order.
1.7 We shall insist on receiving payment of the whole of the price for
the goods that you order before your order can be accepted. Once
payment has been received by us we will confirm that your order has
been accepted by sending an email to you at the email address you
provide in your order form. Our acceptance of your order brings in to
existence a legally binding contract between us.
1.8 Illustrations, photographs, dimensions and descriptions of
Products on our Website are intended as a general guide to the
Products only and do not form part of our contract with you. Products
may vary slightly in appearance from those depicted on the Website.
3 PRODUCTS
3.1 All Products are subject to availability. In the event of any
supply difficulties, we reserve the right to substitute a Product of
equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any
substitute product to you at all, we shall notify you as soon as is
reasonably possible and shall reimburse your payment in full and in
any event no later than 30 days after the intended delivery date.
3.3 We may deliver certain flower Products in bud to ensure longer
life. Any other special Product information, for example, shelf life,
shall be shown on our Website.
3.4 Some Products, flowers and plants may be harmful or poisonous.
4 PRICES
4.1 The price payable for the Products that you order is shown on our
Website.
4.2 The Website shall detail whether our prices are shown inclusive or
exclusive of delivery which is charged separately. Delivery costs will
be shown separately in the checkout before you enter your details for
payment.
4.3 If the price of a Product is incorrectly shown and is higher than
stated on our Website we will either send you an email informing you
of the new price and asking you if you want to proceed with your order
or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we
will send you the Product and charge you the lower price.
5 PAYMENT
5.1 We accept payment by credit and debit card. We will not dispatch a
Product until we have received payment from you. If for any reason
payment is refused after we have dispatched the Products we will have
the right to request the payment from you or recover the Products from
you and charge you for our costs in recovering the Products or seeking
further payment.
6 DELIVERY
6.1 We only deliver Products through our certified Florists network in
selected countries which are listed in our main page. Please note that
we are sometimes unable to deliver selected products to some areas.
Where possible we will advise you of those restrictions before you
place your order. If you would like delivery to those areas or have a
query about where we deliver please contact customer services for
further details as we may be able to make delivery subject to an
additional charge. We will advise you at the time of your order of any
additional charges to remote areas which are not normally delivered to
by us.
6.2 Delivery dates, times and delivery cut-off times shall be detailed
on the Website when you order Products.
6.3 Whilst we agree to use all reasonable endeavours to ensure that
delivery will be on the requested delivery date or during the delivery
period, you acknowledge that actual delivery will be via a local
florist or for certain orders via third party courier or postal
service. In very occasional circumstances delivery on the requested
terms will not be possible. In such circumstances you will be given
prior notice wherever possible and we shall either make alternative
arrangements. You are requested to allow up to an additional minimum
of 24 hours after the requested delivery date for delivery to be made.
6.4 We will deliver the Products ordered by you to the address you
give to us for delivery at the time you make your order. We cannot
guarantee when any item will be despatched and we are unable to
specify a time for delivery.
6.5 Some orders will require a signature on delivery. This will apply
in the case of delivery of certain Products or to certain locations
where a third party is involved, such as offices, hospitals, Funeral
Directors, airports, hotels, ships and other business locations. The
signature of any person authorised to accept delivery on behalf of the
organisation shall be accepted as proof of delivery to your chosen
recipient.
6.6 You will become the owner of the Products you have ordered when
they have been delivered to you or the representative of the
recipient. You are responsible for any insurance (where relevant)
security after delivery. Once Products have been delivered to you they
will be held at your own risk and we will not be liable for their loss
or destruction.
6.7 Neither we, nor our florists network that we use shall be liable
for any failure to perform, where such failure or delay results from
any circumstances outside our reasonable control including but not
limited to any fire, flood, explosion, accident, adverse weather
conditions, traffic congestion, mechanical breakdown, obstruction of
any private or public highway, riot, government act, act of war,
terrorism, act of God, or from any industrial dispute or strike
whatsoever.
6.8 Please ensure that you enter full and accurate details, including
the address and the postal code, of the recipient. We will not be
responsible for any orders which are not delivered due to incorrect or
incomplete information being supplied by you.
7 IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law you have
the right to cancel your contract before you receive the Products or
to return any Products to us within 7 working days after the date of
receipt of the Product. It is your responsibility to take good care of
the Products to ensure that the Products and their packaging are not
damaged. If you have already received the Products from us and wish to
return it please follow our returns policy set out in clause 10.
7.2 Once you have notified us that you are returning the Products the
cost of the Products will be re-credited to your credit or debit card
as soon as possible and in any event within 30 days of your order
provided that the Products in question are returned by you and
received by us. If you do not return the Products delivered to you or
you do not pay the cost of returning them we shall be entitled to
deduct the direct costs of recovering the Products from the amount to
be re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not apply
to:
8 IF PRODUCTS ARE DAMAGED OR FAULTY
8.1 Because of the perishable nature of many Products you are advised
to make any complaint within 2 working day of the delivery date of
your Products.
8.2 We guarantee 3-4 days of freshness for your flowers, plants or
associated items from the date of delivery. If any flowers arrive
damaged, die or wilt within seven days of delivery you should take a
digital photograph of them and email it to Customers Service or take
the flowers to the florist shop that delivered them and we will
replace the flowers and deliver them to you free of charge.
8.3 If you want to return a Product to us other than in accordance
with clause 9, because it was damaged when delivered or is faulty,
please use our returns policy set out in clause 11. If you want a
refund not a repair or replacement we will refund you the price and
the delivery costs and the cost of returning it to us. Please send us
a receipt for the return postage costs.
8.4 We will inspect all Products returned to us as faulty or damaged.
If we discover that they are not faulty or damaged we may recharge you
for the Products and the costs incurred by us.
9 IF WE HAVE SENT YOU THE WRONG PRODUCTS
9.1 If we send you a Product that you have not ordered please use our
returns policy set out in clause 10. If you return it to us we will
refund the price, the original delivery costs and the cost of
returning it to us.
10 RETURNS POLICY AND COMPLAINTS
10.1 If you are returning a Product in accordance with clauses 9 or 10
or you have a complaint please contact the Customer Services team by
email. You will then be given a returns reference number or customer
service issue number (as appropriate). You must quote this number in
all correspondence. Each return will be dealt with individually and
the most appropriate action agreed with you.
10.2 Where Products are being returned to us we advise you to return
Products by a secure postal method to the address given to you by our
customer services representative and obtain a receipt as proof of
returning it to us. If you have difficulties returning the Products,
for example, by reason of their size, please contact us to arrange a
suitable solution.
10.3 If you do not use the returns reference number on all
correspondence it may delay our response to you.
11 CANCELLATION BY US
11.1 We reserve the right to cancel the contract between us if:
11.1.1 we have insufficient stock to deliver the Products you have
ordered; or
11.1.2 the price or description of the Products was listed incorrectly
due to a typographical error or an error in the pricing information
received by us from our suppliers.
11.2 If we do cancel your contract we will notify you by email and
refund any sum paid by you to your credit or debit card. We will not
be obliged to offer any compensation for loss or disappointment
suffered by you.
12 OUR LIABILITY
12.1 We will not be liable for any loss you suffer through failure to
use the Products in a normal and proper manner or through altering or
modifying the Products, failure to follow any guidelines or using the
Products in a careless or negligent manner.
12.2 Our liability to you for death or personal injury caused by our
negligence is not limited.
12.3 Our liability to you other than for death or personal injury
caused by our negligence is limited to the cost of replacement of the
Products or refund of the price paid for the Products.
12.4 We will not be responsible for:
12.4.1 any other loss you suffer through our failure to comply with
the terms of this contract. In particular we will not have any
liability for any loss that was not a reasonably foreseeable
consequence of our failure to comply with the contract such as any
loss of profit, opportunity or liability to any third party; or
12.4.2 any failure to deliver Products or delay due to any event or
circumstance beyond our reasonable control.
13 INVALIDITY
13.1 If any part of these Terms are unenforceable (including any
provision in which we exclude our liability to you) the enforceability
of any other part of these conditions will not be affected.
14 EVENTS BEYOND OUR CONTROL
14.1 We shall have no liability to you for any failure to deliver
Products you have ordered or any delay in doing so or for any damage
or defect to Products delivered if caused by any event or
circumstances beyond our reasonable control including, without
limitation, strikes, lockouts and other industrial disputes, breakdown
or systems or network access, flood, fire, explosion or accident.
15 PRIVACY
15.1 You acknowledge and agree to be bound by the terms of our privacy
policy and Website terms and conditions of use.
16 ENTIRE AGREEMENT
16.1 These Terms together with our current Website prices, delivery
details, contact details, Website terms of use and privacy policy, set
out the whole of our agreement relating to the supply of the Products
to you by us. If you require any change please make sure that you ask
for these to be put in writing. In that way we can avoid any problems
surrounding what us and you are expected to do.
Orders for next day delivery must be placed & payment confirmed by 12
am on the previous day. Deliveries will be made Monday – Saturday
only, between 9am and 6pm. We cannot guarantee specific delivery
times. We do not deliver on Sundays or on public holidays or Fridays
(Arab Countries). Products will be hand delivered from our network
florists.
We are unable to deliver to APO addresses, PO Boxes, Hospitals,
Hotels, Arriving/Departing ships or plane etc
Some destinations require an extended delivery lead time of 2 working
days:-
To avoid problems or delays with delivery, please ensure that you have
included the full address details, including accurate postcode of the
intended recipient and telephone valid number, together with your
daytime contact telephone number or e-mail address so that we can
notify you in the event that any delivery problems are encountered.
In the case of delivery to certain locations, where a third party is
involved, such as offices, hospitals, Funeral Directors, airports,
hotels, ships and other business locations, the signature of any
person authorised to accept delivery on behalf of the organisation
shall be accepted as proof of delivery to your chosen recipient.
Please be advised that some products are unsuitable for delivery to
Funeral Directors, Hospitals, airports or ship.
Please note that the florists network is only responsible for
delivering to the address you quote (or to a neighbour if no one is at
home) we regret that where the goods have been correctly delivered we
cannot accept responsibility if the intended recipient has moved, or
lives elsewhere, and the actual receiver refuses or fails to return
item(s). Where the carrier is unable to find someone to accept
delivery they will deliver to a neighbour, leave in a secure location
or leave a card at the address for the recipient to make contact.
17.1 Before placing your order, please review delivery cut-off times &
prices.
Orders may be amended or cancelled up to 3 working days before the
intended delivery date. Because of the perishable nature of most
products and in order to assist us in resolving any complaints quickly
and to our mutual satisfaction, we advise you to make any complaint
within 1 working day of the date of delivery or intended delivery of
your purchase.