TERMS & CONDITIONS
Welcome to the Eternal Petals Website. This Website is owned and operated by Eternal Petals DMCC, Unit RET-R6-070, Detached Retail R6, Plot No: JLT-PH2-RET-R6, JLT, Dubai, UAE.
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Eternal Petals DMCC ("Seller") makes this website (the "Eternal Petals Website") available to you and on which we provide our services for delivery of flowers and other associated products under the Eternal Petals brand ("Eternal Petals").
This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms carefully before using this website. Your use of the Eternal Petals Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Eternal Petals, either through the Eternal Petals Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the Eternal Petals Website.
All inquiries about these Terms and Conditions or if you have any feedback on or about the Eternal Petals Website, may be directed to: firstname.lastname@example.org or +971 (0) 559 261130.
The Eternal Petals Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Eternal Petals’ goods and services and/or to otherwise transact business with or contact Seller, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Eternal Petals. This policy is intended to protect the privacy and freedom of Eternal Petals’ customers and the personal relationship Eternal Petals works to develop with its customers and others authorized to use its Website.
Seller takes the utmost care and concern for your privacy while you are shopping on the Eternal Petals Website. Seller does not sell or share any personal information gathered from the Eternal Petals Website. In order to process orders we need to obtain certain information such as your name, shipping and billing information, phone number, email and credit card information. Transactions on our Website are secured and the Eternal Petals Website does not store your credit card information.
- Order Confirmation & Payment
Payment may be made by any of the methods indicated on the Eternal Petals Website and will be debited in full when you place your order.
For your order to be processed and delivered on the required date, you must supply us with all the relevant details requested, including full delivery details, post code and telephone number. Your order will only be processed if full payment details are given.
Your order will be acknowledged via e-mail confirming your details, if you enter a correct e-mail address. You will be issued an order reference number for any future correspondence. All costs will be charged at the cost of the date on which you place your order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information and will not consider ourselves bound by a contract with you until we have issued an email acknowledging your order.
We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.
Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you may have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Seller. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.
- Products & Safety
All products are subject to availability, and acceptance of your orders. We reserve the right to change all or some of the contents or packaging with an item of equal or greater value without notice. Some Products may be harmful if eaten and/or a skin irritant. Please call us at the number given above if you wish to enquire about the safety of contents before ordering.
Prices stated for Eternal Petals include VAT and delivery within the UAE only, except as provided otherwise on the Eternal Petals Website.
Eternal Petals prices will not be confirmed until an order is placed.
Pricing errors may occur on the Eternal Petals Website. Seller reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Seller. Seller may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
The prices displayed on the Eternal Petals Website are quoted in USD (United States Dollar). Additional shipping and other charges may apply for orders outside of the United Arab Emirates, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.
Price quotes are good for thirty (30) days.
Delivery will be deemed to have taken place at the time Seller places an order in the possession of any carrier service (e.g., UPS, Aramex, DHL, Hand Delivery) for customer delivery. Seller is not responsible for lost, stolen or damaged goods once an order leaves our possession.
If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.
We deliver to most postal address in the UAE. All deliveries will be only be despatched from Sunday to Thursday.
A signature will be required for courier delivery.
Should the recipient be away at the time of delivery, a card will be left stating attempted delivery was made. The courier may at their own discretion, leave with a neighbour or other safe place, however the recipient may have to collect the package from the local depot or arrange for re-delivery.
Flowers sent to hospitals, military bases and business addresses will be delivered to a main reception or mailing room prior to internal distribution. We recommend that flowers sent to these locations be requested for delivery on a weekday and not on a Saturday. Deliveries cannot be made to PO Box addresses.
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.
We will endeavour to deliver on the date that you specified in your order from Sunday to Thursday 8am to 7pm.
As standard courier delivery services are used for despatch of orders, Seller cannot guarantee an exact delivery date but we do despatch to attempt to ensure Eternal Petals do not arrive more than a day later than your requested delivery date.
Except on special dates, our delivery service is NOT available on public holidays. Where orders have been placed for delivery on any of these dates and we are unable to contact you in time, we will deliver, where possible, the flowers the day before or the day after that date requested.
All deliveries made to hospitals must include the ward name and or number in the relevant address field. Any order omitting these details may not be accepted for delivery by the hospital.
- Force Majeure
Neither we, nor any courier service 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.
- Cancellation & Refunds
All sales are final and no refunds or store credit will be issued. However, should you wish to change your order, you are welcome to contact us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request. Any changes to an order can only be made with Seller’s prior written approval and additional charges may apply. Any agreement by Seller to accommodate a change request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Seller to that point, and you agree that such amounts may be deducted from any payments previously made to Seller. During routine website maintenance, any pricing issues may not be honored and orders may be cancelled and refunded when improper rates are applied.
This does not affect your statutory rights.
Order amendments which are given within 1 working day of placing the order may be accepted. Orders placed on Bank Holidays will be treated as having been received on the following working day.
You must agree that any messages posted by you on your card or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.
You are entirely responsible for any text or other material which you post or send on this message system and Seller accepts no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to Eternal Petals at any time and without liability to you in the event of any such objectionable message.
- Limited Liability & Indemnification
Whilst we agree to use our reasonable endeavours to ensure that the Eternal Petals Website is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Eternal Petals Website and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Eternal Petals Website impossible or impractical.
To the fullest extent permitted by applicable law, Seller shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Seller.
Subject to the above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Eternal Petals Website, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Eternal Petals Products supplied.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on the Eternal Petals Website. We may make changes to the material on the Eternal Petals Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that the Seller shall not be liable for any damages of any kind related to your use of the Eternal Petals Website.
Seller warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.
- Intellectual Property & Content
The copyright and other intellectual property rights in all content and material on the Eternal Petals Website (including without limitation the name "Eternal Petals", photographs, logos, trade marks and graphical images) are owned by Eternal Petals DMCC, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved.
You may print and download extracts from the Eternal Petals Website solely for your own personal use on the following basis:
- no documents or related graphics on this Website are modified in any way
- no graphics on this Website are used separately from the accompanying text
- our copyright and trade mark notices and this permission notice appear in all copies.
- Except as stated above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Use of any extracts from the Eternal Petals Website except in accordance with the above permissions is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to
- publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website
- use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise.
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website
If you breach any of these Terms and Conditions, your permission to use the Eternal Petals Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Seller using the images you supply.
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Seller to reproduce the images has been obtained.
We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Eternal Petals marketing and promotional purposes, unless specifically requested in writing by you not to do so.
We welcome your feedback regarding the Eternal Petals Website. However, any notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Seller shall be and remain the exclusive property of Eternal Petals DMCC. Your submission of any such Comments shall constitute an assignment to Seller of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Seller will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You are prohibited from posting or transmitting to or from the Eternal Petals Website any material or doing anything in connection with your use of this Website:
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UAE or any other country in the world;
- that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
- which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".
- We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
You shall fully indemnify Seller and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this clause.
Links to third party websites on the Eternal Petals Website are provided solely for your convenience. If you use these links, you leave the Eternal Petals Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
If you would like to create a link to the Eternal Petals Website, please contact us first to request permission. Any links to the Eternal Petals Website may only be on the basis that you link to, but do not replicate, the home page of the Eternal Petals Website, and subject to the following conditions:-
- you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with Seller, nor present any other false information about us;
- you do not otherwise use any trade marks and trading names displayed on this Website, including Eternal Petals, without our express prior written permission;
- you do not link from a website that is not owned by you;
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke any right which we grant to link to the Eternal Petals Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate.
You shall fully indemnify Seller, its suppliers, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this clause.
Seller has taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colors of our products and flowers.
Any typographical, clerical or other error or omission in the Eternal Petals Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply Products as advertised we will notify you, except that we reserve the right to substitute goods or packaging of equal or greater value in the event of such supply difficulties.
Seller shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Eternal Petals Website from time to time. We will post any changes on the Eternal Petals Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Eternal Petals Website. Changes will be effective immediately after the posting of such change.
Additionally, we reserve the right to suspend, restrict or terminate access to the Eternal Petals Website for any reason at any time.
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Eternal Petals Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
Your purchase will be deemed to have occurred in the UAE. These Terms and Conditions shall be governed by and construed in accordance with UAE Law and the parties agree to submit to the exclusive jurisdiction of the courts of Dubai.
You agree that Eternal Petals sold by Eternal Petals DMCC shall be deemed solely based in the United Arab Emirates; and the Eternal Petals Website shall be deemed a passive website that does not give rise to personal jurisdiction over Eternal Petals DMCC, either specific or general, in jurisdictions other than the United Arab Emirates. These Terms and Conditions, and any other legal notices published by Seller on the Eternal Petals Website, shall constitute the entire agreement between you and Seller regarding your use of the Eternal Petals Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Seller’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AND SELLER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ETERNAL PETALS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.