Terms & Conditions
Late Deliveries
If we are unable to
deliver your item on the selected date due to circumstances within our control,
you are entitled to a full refund. If, on the other hand, we are unable to make
a delivery as scheduled due to circumstances outside our control (the
unavailability of your recipient or a wrong address, for example), we do not
issue a refund. If a recipient is unavailable when we attempt delivery, we will
leave a note requesting a call to schedule delivery. If appropriate, we will
also contact you when delivery issues arise.
Incorrect Delivery
Information
As stated above, if you
have given us incorrect delivery information, we cannot offer guaranteed
delivery. You will be given the opportunity to adjust the information up to two
business days before the delivery date. If our delivery personnel report that
the delivery address is incorrect, we will attempt to contact you and acquire
new information. We will not be liable, however, if we are unable to make a
delivery due to incorrect delivery information, and we will not be able to
issue a refund.
Undeliverable Locations
Orders to hospitals,
hotels, or company addresses are not guaranteed, but in most cases arrive as
requested. If your delivery is going to such a location, please provide the
name and telephone number of the hospital, hotel, or company. In the case of
hospitals, we also need the recipient’s ward and room number.
Flower Sense LLC will
attempt to deliver your bouquet in accordance with each facility’s procedures,
but cannot be held liable if these procedures prevent successful delivery.
Please note that many hospitals do not permit delivery to individual rooms and
that ICUs do not permit flower delivery at all. Please check with the hospital
before placing your order.
Flower Sense LLC cannot
issue a refund if unable to make a delivery due to these issues.
Refused Deliveries
If a recipient refuses
delivery, the client will be entitled to a refund based on the reason.
Products and images
Products only contain the
items listed in the product description. Vases and other items are not included
unless stated in the product description and are only used for display purposes
or purchased separately.
Product photos are a representation
of the arrangements and may vary (see Substitution Policy below).
Refund Requests and Claims
If your order was
unsatisfactory, you may request a refund by submitting a claim within two
business days after the delivery date. In case of quality issues, please share
the image through Whatsapp.
Order Changes
To change your order,
please contact Customer Service through Whatsapp or using info@flowersense.ae
Payment Processing Issues
If you provide us with an
incorrect or invalid credit card or payment information, we cannot process your
order. We will attempt to contact you to resolve the issue, but you will be
responsible for any issues arising as a result thereof.
Quality Policy
Flower arrangements are
unique and handmade, so no two are ever identical. Every effort is made to
match orders as closely as possible to the product photos and descriptions.
While minor variations are sometimes necessary, the concept and value of the
item ordered are always guaranteed.
Products and Images
Products only contain the
items listed in the product description. Vases and other items are not included
unless stated in the product description. Product photos of flower bouquets
represent the average bouquet size and may vary in minor ways (please see our
Substitution Policy, below).
Duplicate Orders
If you placed two or more
identical orders and you let us know about it, you will receive a full refund
for the duplicated order.
Substitution Policy
In some cases, we may not
have some items referenced in the product description in stock, careful
substitutions of equal or greater value will be necessary. In those cases, when
possible, we will ask you for permission to make a substitution. If we are unable
to reach you, or there is insufficient time to do so, we will proceed with the
substitution.
Flower
Sense LLC (Flower Sense) maintains the flowersense.ae Website
("Site"). The following are the terms of use that govern use of the
Site ("Terms of Use"). By using the Site you expressly agree to be
bound by these Terms of Use and the flowersense.com privacy policy and to
follow these Terms of Use and all applicable laws and regulations governing use
of the Site. Flower Sense LLC reserves the right to change these Terms of Use
at any time, effective immediately upon posting on the Site. Please check this
page of the Site periodically. We will note when there are updates to the Terms
of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Flower
Sense LLC may terminate your use of the Site, bar you from future use of the
Site, and/or take appropriate legal action against you.
LIMITED
LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable
license to utilize and access the Site pursuant to the requirements and
restrictions of these Terms of Use. Flower Sense LLC may change, suspend, or
discontinue any aspect of the Site at any time. Flower Sense LLC may also,
without notice or liability, impose limits on certain features and services or
restrict your access to all or portions of the Site. You shall have no rights
to the proprietary software and related documentation, if any, provided to you
in order to access the Site. Except as provided in the Terms of Use, you shall
have no right to directly or indirectly, own, use, loan, sell, rent, lease,
license, sublicense, assign, copy, translate, modify, adapt, improve, or create
any new or derivative works from, or display, distribute, perform, or in any
way exploit the Site, or any of its contents (including software) in whole or
in part.
1.
SITE OPERATION: United Arab Emirates is our Country of Domicile. Flower Sense
LLC controls this Site from the U.A.E. Flower Sense LLC makes no representation
that this Site is appropriate for use in other locations. If you use this Site
from other locations you are responsible for ensuring compliance with local
laws. You may not use, export or re-export any materials from this Site in
violation of any applicable laws or regulations, including, but not limited to
any U.A.E export laws and regulations.
2.
APPLICABLE LAW. The Laws of the United Arab Emirates shall govern the use of
the Site and the Terms of Use, without regards to conflict of laws principals.
All disputes arising in connection therewith shall be heard only by a court of
competent jurisdiction in U.A.E.
3.
MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by
you, will be the same price and currency charged to the Card and printed on the
Transaction Receipt.
4.
PURCHASES. Flower Sense LLC accepts payment by Visa or Mastercard debit and
credit cards in AED for its products and services. All online purchases are
also governed by the terms and conditions of respective merchant service
providers. Please review respective merchant service provider’s user agreement
and privacy policy before entering any transaction. Interpretation. These Terms
of Use supersede all other written and oral communications or agreements with
regard to the subject matters discussed in these Terms of Use. A waiver or
modification of these Terms of Use will only be effective if made in writing
signed by an authorized officer of Flower Sense LLC. All refunds will be made
onto the original mode of payment.
5.
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. Flower Sense LLC
will not trade with or provide any services to individuals and companies owned
or controlled by, or acting for or on behalf of, OFAC targeted countries AND
individuals, groups, and entities, such as terrorists and narcotics traffickers
designated under the OFAC programs that are not countryspecific
6.
REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and
covenant that (a) you are at least 18 years old; (b) that all materials of any
kind submitted by you to Flower Sense LLC through the Site or for inclusion on
the Site will not plagiarize, violate or infringe upon the rights of any
third-party including trade secret, copyright, trademark, trade dress, privacy,
patent, or other personal or proprietary rights. The customer using the website
who are Minor /under the age of 18 shall not register as a User of the website
and shall not transact on or use the website.
7.
PERMITTED USE. You agree that you are only authorised to visit, view and to
retain a copy of pages of this Site for your own personal use, that you shall
not duplicate, download, publish, modify or otherwise distribute the material
on this Site for any purpose other than for personal use, unless otherwise
specifically authorized by Flower Sense LLC to do so. You also agree not to
deep-link to the site for any purpose, unless specifically authorized by Flower
Sense LLC to do so. The content and software on this Site is the property of Flower
Sense LLC. The cardholder must retain a copy of transaction records and
Merchant policies and rules.
8.
YOUR ACCOUNT. If you use Flower Sense LLC Site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your account from any devices, and you agree to accept
responsibility for all activities that occur under your account or password.
The Site shall not be responsible or liable, directly or indirectly, in any way
for any loss or damage of any kind incurred as a result of, or in connection
with, your failure to comply with this section.
NO
COMMERCIAL USE. This Site may not be used by you for any commercial purposes
such as to conduct sales of merchandise or services of any kind. You must
obtain Flower Sense LLC’s prior written consent to make commercial offers of
any kind on the Site, whether by advertising, solicitations, links, or any
other form of communication. Flower Sense LLC will investigate and take
appropriate legal action against anyone who violates this provision, including
without limitation, removing the offending communication from the Site and
barring such violators from use of the Site.
LINKS
AND SEARCH RESULTS. The Site may automatically produce search results that
reference and/or link to third party sites throughout the World Wide Web. Flower
Sense LLC has no control over these sites or the content within them. Flower
Sense LLC does not guarantee, represent or warrant that the content contained
in the sites is accurate, legal and/or inoffensive. Flower Sense LLC does not
endorse the content of any third party site, nor does it make any
representation or warranty about these sites, including that they will not
contain viruses or otherwise impact your computer. By using the Site to search
for or link to another site, you agree and understand that you may not make any
claim against Flower Sense LLC for any damages or losses, whatsoever, resulting
from your use of the Site to obtain search results or to link to another site.
If you have a problem with a link from the Site, you may notify us at info@flowersense.ae
COPYRIGHT
POLICY. Flower Sense LLC may terminate the privileges of any user who uses this
Site to unlawfully transmit copyrighted material without a license, express
consent, valid defense or fair use exemption to do so. If you submit
information to this Site, you warrant that the information does not infringe
the copyrights or other rights of third parties.
INTELLECTUAL
PROPERTY. Although Flower Sense LLC is not responsible for the content, quality
or accuracy of data provided by users, compilations of such data, text,
information and other materials made available to users through Flower Sense
LLC’s system. The On-line Materials are Flower Sense LLC’s intellectual
property, and are protected by U.S. and international intellectual property
laws. The On-line Materials may not be copied or redistributed either in whole
or in part without prior written consent of Flower Sense LLC, except as
expressly and specifically permitted under these Terms of Use.
The
On-line Materials are and will remain the exclusive property of Flower Sense
LLC. All rights, titles and interests in and to the On-line Materials will be
and remain vested solely in Flower Sense LLC. Under no circumstances will you
have any right, directly or indirectly, to own, use, copy, loan, sell, rent,
lease, license, sublicense, redistribute, assign or otherwise convey the On-
line Materials, or any rights thereto, except as expressly and specifically
provided in the Terms of Use. Nothing in these Terms of Use will convey to you
any right, title or interest, except that of a license with the express rights
and subject to all limitations herein. Nothing in these Terms of Use grants you
the right, directly or indirectly, to use the On-line Materials to create a
product for resale or to use the On-line Materials in any way that competes
with Flower Sense LLC.
You
acknowledge and agree that Flower Sense LLC will own all rights, titles and
interests in and to any copy, translation, modification, adaptation, derivative
work or improvement of the On- line Materials made by or for you. At Flower
Sense LLC’s request, you must execute, or obtain the execution of, any
instrument that may be necessary to assign these rights, titles or interests to
Flower Sense LLC or perfect these rights, titles or interests in Flower Sense
LLC’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. Flower Sense LLC
MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY,
VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. Flower Sense
LLC ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR
RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS
SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. Flower Sense LLC
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF
THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF Flower Sense LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Flower Sense LLC WOULD IN
SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
VIOLATION
OF TERMS OF USE. You understand and agree that in Flower Sense LLC’s sole
discretion, and without prior notice, Flower Sense LLC may terminate your
access to the Site, or exercise any other remedy available and remove any
unauthorized user information, if Flower Sense LLC believes that the
information you provide has violated or is inconsistent with these Terms of
Use, or violates the rights of Flower Sense LLC, or any third party, or
violates the law. You agree that monetary damages may not provide a sufficient
remedy to Flower Sense LLC for violations of these Terms of Use and you consent
to injunctive or other equitable relief for such violations. Flower Sense LLC
may release user information about you if required by law or subpoena.
INDEMNITY. You agree to
indemnify and hold Flower Sense LLC, its subsidiaries, affiliates, officers,
agents and other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorneys’ fees, made by any third party
due to or arising out of or relating to your use of the Site, including also
your use of the Site to provide a link to another site or to upload content or
other information to the Site, or your breach of the Terms of Use.
LICENCE
GRANTED TO YOU. By providing materials to Flower Sense LLC, including by
submitting or uploading content or materials for use on the Site you represent
and warrant that you or the owner of all rights to such content or materials
has expressly granted Flower Sense LLC an irrevocable world-wide right in all
languages and in perpetuity to use and exploit all or any part of the content
and materials provided by you. Flower Sense LLC may publish and distribute any
such submitted content or materials at its sole discretion by any method now
existing or later developed. You agree that you shall waive all claims and have
no recourse against Flower Sense LLC for any alleged or actual infringement or
misappropriation of any proprietary rights in any communication, content or
material submitted to Flower Sense LLC. Any communication or materials you send
to Flower Sense LLC will be treated as non- confidential and non-proprietary
and may be disseminated or used by Flower Sense LLC for any purpose, including,
but not limited to, developing, creating, manufacturing or marketing products
or services.
ADVERTISING.
The Site may contain advertisements and/or sponsorships. The advertisers and/or
sponsors that provide these advertisements and sponsorships are solely
responsible for insuring that the materials submitted for inclusion on the Site
are accurate and comply with all applicable laws. Flower Sense LLC is not
responsible for the acts or omissions of any advertiser or sponsor.
SEVERABILITY.
If any provision of the Terms of Use is held to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full
force and effect.
Headings
& section titles in this Agreement are for convenience and do not define,
limit, or extend any provision of this Agreement.
·
United Arab of Emirates is our
country of domicile
·
Visa and Master Card and which
(AED) will be accepted for payment
·
We will not trade with or provide
any services to OFAC and sanctioned countries
·
Customer using the website who are
Minor /under the age of 18 shall not register as a User of the website
and shall not transact on or use the website
·
Cardholder must retain a copy of transaction
records and Merchant policies and rules’
·
User is responsible for
maintaining the confidentiality of his account
