TERMS AND CONDITIONS
These online shopping terms and conditions (the Terms) apply to all orders for any products (the Products) which you, the customer (You), place using this website www.dubaigardencentre.ae (the Website). This Website is owned by Dubai Garden Centre LLC, a limited liability company incorporated in Dubai, United Arab Emirates and having its head office at P.O. Box 37579, Sheikh Zayed Road, Dubai U.A.E.] (We or Us).
We amend these Terms from time to time as set out in the Terms. Every time you wish to order Products, please check these Terms to ensure you understand the latest Terms, which apply at that time.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
No International Delivery
Unless otherwise specified the Products on the Website are available for delivery only within the United Arab Emirates (the UAE).
You may place an order for Products from outside of the UAE, but this order must be for delivery to an address in the UAE. Furthermore, Consumers
You may only purchase Products from our website if you are at least 18 years old. If you are under 18 years old, you may use this website only with the involvement of a parent or guardian.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Colours, Specifications and Dimensions of Products
The images of the Products on the Website are for illustrative purposes only. We have made every effort to display the colours, specifications and dimensions of Products on the Website as accurately as possible. Although we have made every effort to display the colours accurately, the colours you see will depend on the resolution of your monitor and we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the Product delivered. We may from time to time vary the dimensions, specifications and quantities of Products displayed on our Website without prior notice. For example, the bouquets are subject to seasonal availability of flowers.
The packaging of the Products may also vary from that shown on images on the Website.
Availability of Items and Substitution
We accept orders for Products subject to availability. If for any reason the Product you ordered is no longer available, we will contact you using the contact details you supplied when placing your order and either:
- Offer you an alternative Product of equivalent quality and price if this is possible; or
- Cancel the order and provide you a full refund in respect of that Product.
If we are unable to contact you or do not receive a response from you, we will process any remaining Products on your order and refund you for the Products we were unable to supply.
You will need to register with us to purchase Products using this Website. You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account user name or password and to take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
Please ensure the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or address). You can access and update your registration details using the “My Account” area of the Website.
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Privacy and Communications
When you place your order, we collect certain personal and transactional information (e.g. name, address, email address doesn’t include credit card information). For details on how we use this information, please read our Privacy Statement.
To fulfill our obligations to you under these Terms we will communicate with you by e-mail to the email address provided by you and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
The Contract Between Us
When you place an order to purchase Products using the Website this is an offer by you to us to purchase those Products. After you place an order, you will receive an email from us acknowledging that we have received your order (the Order Confirmation Email). However, please note that this does not mean that your order has been accepted.
We will confirm our acceptance of your order by sending an email that confirms that the Products have been dispatched (the Dispatch Confirmation). If we are unable to supply you with a Product, for example because that Product is not in stock or no longer avilable, we will contact you and the terms under the heading “Availability of Items and Substitution” will apply.
Products are invoiced in UAE Dirham at the prevailing price as of the time you place your order. Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either confirming your order at the correct price or canceling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced Product as cancelled.
The price of a Product does not include delivery charges. Our delivery charges are as set out under the heading “Delivery”.
We accept payment via all major Credit Cards: Visa, Mastercard, Electron, JCB, American Express. We also accept payment via PayPal.
When you place your order, our system automatically asks your card issuer for authorization for this amount. If we get a valid authorization, your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
Please do not send us payment information using electronic methods such as email. For details of the security measures we employ please read our Privacy Statement. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide to us when placing an order.
Deliveries are made 7 days a week, 365 days a year, with the following delivery charges:
Within the Emirate of Dubai: AED 30.00
For a purchase of more than AED 1,500, free delivery will be provided within the Emirate of Dubai.
Delivery will be made within 5 working days from the Order Confirmation Email.
Within the Emirate of Sharjah: AED 60.00
Within the Emirate of Ajman, Fujairah, Ras Al Khaimah and Umm al Quwain: AED 80.00
Within the Emirates of Abu Dhabi and Al Ain: AED 200.00
Delivery will be made within 5 working days from the Order Confirmation Email.
Change of Delivery Date for Perishables
Change of delivery date for perishable Products, including but not limited to fresh flowers and plants must be received 24 hours in advance of dispatch of the Products. Any change request received with less than a 24 hour notice will result in an additional 50% charge on perishable Products ordered.
Cancellations and Returns
If you wish to cancel your order, please contact our Customer Services Department on telephone number (04) 340-0006 extension 300. As we try to process orders immediately it may not always be possible to prevent an order from being dispatched. If your order has already been dispatched you may return the items to us at our premises the Dubai Garden Centre located on Sheikh Zayed Road within 48 hours and we will provide a refund on the Product or exchange the Product with an alternative Product of equivalent quality and price if this is possible minus the cost of delivery and additional services (e.g. gift wrapping, packaging and delivery). Refunds will be issued by the original payment method. Delivery charges are non-refundable and further delivery charges will apply for any exchanged Products that require delivery. Refund or exchange of Products does not extend to perishable Products including but not limited to fresh flowers and plants.
Please note that once we have dispatched items to you, you will not be able to cancel any contract you have with us for additional services carried out by us (e.g. gift wrapping, packaging and delivery). If we receive notice of your cancellation of a Product [prior to dispatch] we will refund the relevant part of the purchase price for that Product but delivery fees are non-refundable.
If we have sent you an incorrect Product, please notify our Customer Services Department on telephone number (04) 340-0006 extension 300 as soon as possible and we will arrange pickup of the Product(s) [and a refund will be provided]. If you would like us to replace the incorrect Product with the Product you ordered we will send you the correct Product as soon as possible.
We will reimburse any reasonable delivery costs you incur in returning the following Products to us:
- Products we delivered to you in error; or
- Products that you can prove were damaged upon delivery or are defective or incorrect.
Until you return such Products to us you are responsible for their safe keeping and taking reasonable care of them.
We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our total aggregate liability (whether in contract, tort (including negligence) or otherwise) to you under these Terms will not exceed the total price charged for the Products purchased. Nothing in these Terms excludes our liability to you for personal injury or death caused by our negligence or any other liability which cannot be excluded by law.
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause Beyond Our Reasonable Control. Beyond Our Reasonable Control means any act or event beyond our reasonable control, including without limitation, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks unavailability of materials or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Variations to the Website and Terms
We reserve the right at any time to make changes to this Website, these Terms, Privacy Statement and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order Products from the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the Terms forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining Terms.
Disclaimer of Warranty
We provide this Website on an “as is” and “as available” basis and without any warranty or condition, express, implied, or otherwise. We specifically disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement, to the maximum extent that such disclaimers are held to be valid.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You agree to indemnify and keep us indemnified from and against all costs, claims, demands, liabilities, expenses, damages and losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with your breach of these Terms.
This Website is governed in accordance with the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. The courts of the Emirate of Dubai in the United Arab Emirates shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.