Terms & Conditions

Terms and Conditions

Last Updated : 31/12/2023

1.ORIGIN

Garden Villa LLC, aims to excel as a premier flower shop in the UAE and is committed to delivering exceptional customer service and ensuring timely, attentive care for our clients. These Terms & Conditions, along with our Privacy & Cookie Policy, oversee various aspects of our business, including our flower shop, website (“Website”), floral bouquets, arrangements, and associated products (“Products”), as well as any services we offer (“Services”). Together, these elements constitute our overall business operations.

1.2 ACCEPTANCE OF TERMS AND CONDITIONS

By accessing this Website or engaging with our Business, you (referred to as a “user” or “Customer” as applicable) affirm and guarantee that you meet the legal age requirement and possess the legal capacity to enter into these Terms. Your actions will be construed as an acceptance of these Terms. If you do not completely and unequivocally agree with these Terms, you are not permitted to use this Website or engage with our Business. The terms “Using” or “interacting with” the Website encompass various activities, including but not limited to, creating an account, browsing web pages, or any interactions through mobile applications, mobile devices, personal computers, email, telephones, or other electronic devices.

1.3 UPDATES

It is your obligation to regularly review these terms and conditions when using the website by checking the ‘Last Updated’ statement at the top. Your ongoing use of this website following any alterations signifies your acceptance of the revised terms and conditions.

1.4 PRIVACY & COOKIES POLICY

At Garden Ville, your privacy is our top priority. We’ve established a transparent privacy policy to handle your personal information with care. Click here to review our comprehensive privacy and cookies policy.

We strictly adhere to all relevant data protection and consumer legislation. By using our services, you consent to receiving communications from us through various channels, acknowledging that these fulfill legal requirements for written communication.

Please note that once you leave our website, this privacy policy no longer applies, and Poco Loco is not accountable for information disclosed on other websites.

1.5 NOT CONTRACTUAL OFFER

Although we make reasonable attempts to keep our Website updated, we reserve the right to modify the Services or other aspects of our products without prior notice. Any information on our Website should not be considered a binding contractual offer.

1.6 NON-ACCEPTANCE OF CUSTOMER TERMS

At times, we may conduct transactions with wholesale or large institutional buyers, each possessing their own standardized contractual terms. This Agreement serves as the exclusive understanding between the parties, replacing all standard, supplemental, or conflicting terms and conditions of the Customer. Notably, the initiation of performance or product/service delivery by the Seller does not signify acceptance of the Customer’s standard, supplemental, or conflicting terms and conditions. The Seller is bound by such terms only as stipulated in this Agreement. Customer acceptance of Products or Services from the Seller is tantamount to accepting the terms and conditions outlined herein.

Orders

2.1 PLACEMENT

Customer orders made through the Website must include delivery dates, quantities, and product specifications (referred to as “Orders”). Although the Website facilitates the input of these details, it is the Customer’s responsibility to ensure that we are adequately informed of their Order. Once placed, Orders are non-cancellable and non-returnable, unless specified otherwise in the Refund and Return Policy outlined below.

2.2 ACCEPTANCE

The Seller’s commitment to an Order becomes binding only upon written acceptance. The Seller retains the right to decline any Order or request modifications based on factors like Product availability, stocking levels, lead time, or other reasonable considerations.

2.3 SUBSTITUTE

requested bouquet due to the seasonal availability of certain flowers. Additionally, substitutions in keepsake items might be required, especially during peak holiday periods. The Seller will inform the Customer if such substitutions are needed and seek confirmation. Failure to confirm substitutions within the specified timeframe grants the Seller the discretion to either cancel or modify the order. In cases of modification, the Seller will carefully maintain the arrangement’s style, theme, and color scheme by using flowers of equal value. In the case of single-flower arrangements, such as all-rose bouquets or orchids, the Seller will strive to match the flower type but may substitute with a similar color if necessary.

2.4 SPECIAL INSTRUCTIONS

The Seller is not obliged to follow any special instructions from the Customer unless the Seller confirms these instructions in writing.

2.5 LEAD TIMES

The Seller assumes no responsibility for delays or additional expenses arising from the actions of third parties or unforeseen events beyond their reasonable control, which includes shipment lead times. Any indicated lead times or delivery times are considered estimates and not binding commitments. In instances where the Seller perceives an Order to be exceptionally large or intricate, the lead time may be extended. If changing circumstances result in higher costs to adhere to an agreed-upon lead time, the Seller may pass on these costs to the Customer. When feasible, the Seller may provide an advance estimate of the increased costs. If the Customer declines to bear the increased costs, the Seller reserves the right to adjust the lead time accordingly or, at its sole discretion, cancel the shipment.

Prices

3.1 PRICING

The cost details for Products and Services will be presented to the Customer through an electronic invoice. The Seller is not obliged to furnish additional pricing information beyond what is included in this invoice. Customer acceptance of the Seller’s quote and the act of placing Orders signify acknowledgment and approval of the provided prices. Adjustments to the pricing of Products may occur due to factors like increased Seller costs, alterations in market conditions, or causes beyond the Seller’s control. The Seller retains the right to modify Product pricing when Orders are rescheduled or reconfigured by the Customer. Additionally, the Seller has the authority to rectify any errors or omissions in the invoices, Orders, or Products.

3.2 EXCLUSION

Unless explicitly agreed upon in writing by the Seller, quoted prices do not cover shipping, handling, import costs, insurance expenses, duties, and all taxes, including excise, value added, goods and services taxes, and any other applicable taxes in the jurisdictions of both Seller and Customer. The Customer commits to indemnify and release the Seller from any tax-related liabilities associated with the sale, encompassing collection or withholding, as well as penalties and interest. Shipping and handling charges, along with taxes, may be delineated separately on the Seller’s invoice, if applicable

Payment

4.1 PAYMENT METHODS

Various payment methods through third-party online platforms may be specified on the Website. Payment is considered received by the Seller only upon the actual receipt of funds from the chosen online payment solution. The Customer assumes the risk associated with any service errors or interruptions related to the use of these online payment solutions. The Seller reserves the right to invoice different parts of the Order or each shipment separately, and the Customer commits to paying each invoice in accordance with this Agreement, without any setoff or deduction.

4.2 LATE PAYMENT METHODS

In the event of overdue amounts, the Seller may impose an interest penalty of 12% per annum. The Customer acknowledges the fairness of this penalty, considering the damage and disruption caused to the Seller’s business by late payments. While the penalty serves as indemnity for such damage and disruption, it does not constitute the sole remedy for the Seller, who may utilize any applicable remedies for late payments.

4.3 SHIPPING CHARGES

Shipping and handling charges from the Seller’s facility or the carrier’s acceptance point to the Customer’s address are the responsibility of the Customer, in addition to the purchase price of the Products, unless otherwise agreed upon in writing by the Seller.

Delivery & Shipping

5.1 SHIPPING INFORMATION

The Seller holds the authority to employ and depend on the Customer’s account information to complete orders in the manner deemed most practical by the Seller. In cases where specific instructions from the Customer are lacking or impractical, the Seller may, at its reasonable discretion, opt for the carrier and shipment method based on any of the Customer’s previous orders. The Seller is not obligated to comply if the Customer requests a change in the selected shipping method. Should the Seller agree to modify the shipping method, the Customer is responsible for covering associated costs, including the Seller’s change order fees.

5.2 SUSPENSION OR CANCELLATION

If, in good faith, the Seller believes the Customer may encounter difficulties in making payments, if concerns arise regarding the potential fraudulence of the Customer’s payment information, or if the Customer fails to promptly settle any invoice, the Seller retains the right to suspend or cancel the delivery of Orders or any remaining balance. The Customer remains accountable for payment, and the Seller may choose to resell or dispose of undelivered Products.

5.3 EX-WORKS DELIVERY

All deliveries are executed on an ex-works basis. Delivery to the carrier or the carrier’s acceptance point constitutes delivery to the Customer, but the Seller retains title until full payment is made. The Seller is responsible for coordinating the carrier’s pickup or delivering Products to the carrier’s acceptance point.

5.4 RISK OF LOSS

Unless expressly directed otherwise by the Customer, the Seller will arrange for Product delivery immediately upon availability. Delivery dates are approximations, and the Seller is not held responsible for delays or failures beyond its control. After the carrier assumes possession of the Products, the risk of loss or damage transfers to the Customer. If Products perish while in the carrier’s custody, the Seller is deemed to have fulfilled its obligations. Discrepancies in the delivered quantity do not exempt the Customer from accepting and paying for the Products. A delay in one installment does not entitle the Customer to cancel other installments.

Return & Refunds

6.1 NOTIFICATION TO SELLER

Given the perishable nature of the Products, the Customer is required to notify the Seller of any discrepancies or deficiencies within 24 hours of receiving the Products. Beyond this timeframe, the Customer will be considered to have irrevocably accepted the Products in the quality and quantity of the shipment, and no refunds will be permitted.

6.2 NON-RECIPIENT

6.3 CANCELLATION

Cancellation requests must be submitted before the Seller delivers the Order to the carrier. If the cancellation request is received after the carrier accepts the Order for delivery, no refund can be processed.

6.4 CUSTOMER ERROR :

No refunds will be issued for reasons stemming from Customer error, including but not limited to incorrect information entered by the Customer into the Website Order form or a wrong delivery address leading to unreceived Orders.

6.5 REFUNDS

In cases where there is a deficiency or discrepancy in the Order, not attributed to reasons beyond the Seller’s control, the Seller will issue a refund to the Customer without interest or any additional penalty. This refund stands as the Customer’s exclusive remedy, and the Customer waives any other remedy in this regard.

Customer Account

7.1 REGISTRATION

To facilitate online purchases through the Website, a Customer has the option to register a Website account. During this process, the Customer is required to furnish personal information, including their real name, address, email, phone number, and other pertinent details. The Seller commits to handling such information in accordance with the Privacy Policy. The Seller holds the discretion to approve or disapprove any Customer Account.

7.2 CUSTOMERS OBLIGATION

Upon the creation of a Customer Account, the Customer affirms that all information provided in the Profile is truthful, complete, and not misleading. Additionally, the Customer is entrusted with maintaining the confidentiality of their password and account, assuming full responsibility for all activities conducted under the account. The Customer is obligated to promptly report any unauthorized use, password breach, or other security violations to the Seller.

7.3 VERIFICATION

The Seller maintains the right to verify any information supplied by the Customer. If there is a reasonable suspicion of information being untrue, outdated, misleading, or incomplete, the Seller may, in adherence to applicable laws and regulations, suspend or terminate the account.

7.4 SUSPENSION & TERMINATION AUTHORITY

The Seller is vested with the authority to suspend or terminate any user or Customer Account without prior notice. This includes actions such as banning, deleting, or denying access to any account under the following circumstances :

At the Seller’s discretion, if a user poses a threat to the Seller or jeopardizes the Website’s reputation.

When deemed necessary to prevent imminent loss or damage to lives, property, or data, or to safeguard the Seller’s intellectual property or confidential information.

In cases where the user materially breaches any of the stipulated Terms.

Use Of Website

8.1 THIRD PARTY LINKS

Within the Website, there might be hypertext or other links leading to external sites not administered or provided by the Website. The Website does not vouch for the accuracy, relevance, timeliness, or completeness of these external sites. Furthermore, the inclusion of links to third-party sites does not constitute an endorsement of any expressed views, products, or services on these sites, or the organizations supporting them.

8.2 THIRD PARTY SERVICES

In order to augment services and functionality for site visitors, the Website may incorporate third-party add-ins on specific web pages or deliver services hosted by third-party providers. It’s important to acknowledge that these third parties uphold their own terms of use and policies governing their specific services. The Seller explicitly disclaims any responsibility for potential liabilities stemming from the utilization of these third-party services.

Limitation of Liability

Disclaimer and Limitation of Liability :

The Seller disclaims all warranties, express or implied, including hidden defects, non-infringement, merchantability, or fitness for a specific purpose. In any transaction, the Seller’s liability for damages, despite the Customer’s waiver, shall not exceed the total payments made by the Customer. The Seller is not liable for indirect, special, incidental, or consequential damages. Customer’s recovery for any claim shall not exceed the purchase price, irrespective of the nature of the claim or legal basis. No action by the Customer against the Seller may be brought after 12 months from the cause of action.

Other Terms :

9.1 INJUNCTION :

In case of breach, the Seller can seek injunctive relief without proving actual damages.

9.2 GOVERNING LAW :

UAE laws govern the agreement, with exclusive jurisdiction in Abu Dhabi or arbitration at the Seller’s discretion.

9.3 FORCE MAJEURE :

The Seller is not liable for events beyond control, and performance time may be extended in such cases.

9.4 ENTIRE AGREEMENT :

The agreement, along with referenced terms, constitutes the exclusive statement of terms.

9.5 GENERAL :

The parties are independent contractors, and the agreement is binding on successors. Waivers are not deemed as a waiver of other provisions.

9.6 RECORDING NOTICE :

The Seller may record calls for various purposes and reserves the right to report defaults to relevant agencies.

9.7 NOTICE :

Written notices, including email, are effective, and email confirmation tools may serve as proof of receipt. Sellers may notify Customer by email or website posting.