Terms of Service Effective: January 25, 2020
THE FOLLOWING TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE WEBSITE (WINDROSEFLOWERS.COM) (THE “SITE”) AND THE SERVICES PROVIDED BY WINDROSE FLOWERS OR ITS AFFILIATES PURSUANT TO AN ONLINE REQUEST. As used hereafter, “You” refers to the person who requests a proposal or service via the Site (each a “Request”). By making a Request, You will be deemed to have agreed to, and be bound by, the following terms and conditions:
Requests. Windrose, in its sole and exclusive discretion, and with or without notice or reason, may accept or reject any Request.
Information. Windrose reserves the right to request additional information from You to prepare a proposal or provide, arrange or coordinate the services. Windrose will not be responsible for errors or omissions in any Request submitted by You.
Communications and Text Messages. By voluntarily providing your cell phone number to Windrose, you agree that Windrose’s may contact you by telephone, text (SMS), or multimedia (MMS) messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You may unsubscribe from receiving text messages from Windrose’s at any time. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages.
Windrose will not be liable for any delay or default in performance of its obligations under these Terms if such delay or default is caused by acts of God, flood, fire, earthquake or elements of nature, riots, terrorism, civil disorders or any other similar cause beyond the control of Windrose’s, including but not limited to, negligence, omissions or acts of third parties.
Limitation of Liability. IN NO EVENT SHALL WINDROSE’S BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL WINDROSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO WINDROSE’S, IF ANY, OR (B) AED100 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.
Governing Law. Any action related to these Terms will be governed by Dubai Courts and controlling UAE federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the UAE, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Waiver and Serviceability. Any waiver by Windrose’s of any provision of these Terms must be in writing. If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.
Amendment. Windrose’s reserves the right to amend these Terms at any time at its sole discretion, with or without notice. You shall be bound to the Terms as so amended.
Secure Shopping. Windrose’s Florist makes ordering easy, convenient, and safe. Any private information submitted to us (including credit card numbers, names, addresses, and telephone numbers) is encrypted using SSL (secure socket layer) technology ensuring that private information cannot be read as it crosses the Internet. Windrose’s Florist does not store any credit card information on our web site, so your billing information is not accessible by others.
Refund Policy. Windrose’s do not provide refunds of any kind once an order is placed and payment is processed successfully.
Delivery Policy. All orders are processed within 24hrs and delivered using private courier service or Windrose’s own delivery service. Approximate delivery times would be scheduled with the recipient once an order is confirmed.
Collection and Use of Information
- Ordering: Placing an order requires providing us with personal contact and billing information, including your name, address, email address and telephone number. This information is used to give our customers a more personalized experience and to process orders quickly and efficiently. We do not save your credit card information on our web site. A recipient’s telephone number is used for delivery purposes only. There are times when we may have to contact recipients to schedule delivery or to ensure their satisfaction with our product.
- Use of Email Addresses: Windrose’s Florist will use customer email addresses for periodic communications. For example, we may contact you about feedback on your experience with us, or provide you with promotional offers. Windrose’s Florist will not sell or distribute email addresses to any third party organizations.
- Opt-Out: Windrose’s Florist provides the option to remove your information from our database at any time. If you are on our promotional lists and would like to be removed, simply email us at compliance<at>windroseflowers<dot>com, or use the unsubscribe link in any email from Windrose’s Florist.
- Technical Information: As customers visit windroseflowers.com, we collect some standard non-identifying information. This typically includes information regarding a visitor’s operating system, browser software, and IP (Internet Protocol) address. This information is collected in order to provide the highest number of visitors with the best possible service. We may use this information to help us detect problems with our server and to administer our web site.
- Third-Party Use: Windrose’s Florist does not sell, trade, or rent your personal information to any third party organizations. We must share some information with our floral and gift distributors for the exclusive purpose of delivering your orders.
- Links to Other Sites: windroseflowers.com may contain links to other web sites. We are not responsible for the privacy practices and content of these third-party web sites. We strongly urge you to follow safe Internet practices; please do not supply personal information to these websites unless you have verified their security and privacy policies.
- Purchase Method: Purchasing from windroseflowers.com requires a valid credit card or existing Windrose’s account.