Terms of service

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.royalgardencentres.com (the Website). This Website is owned by Royal Garden Centre LLC, a limited liability company incorporated in Dubai, United Arab Emirates and having its head office at Al Warsan 3, Dubai U.A.E.] (We or Us). Please review these Terms carefully as these Terms apply to purchases made from us as well as your usage of the Website and shall govern any agreed purchase order through the Website. Please contact info@royalgardencentre.com if you have any questions.

WE MAY MAKE CHANGES TO THE TERMS
We amend these Terms from time to time. Every time you wish to use the Services or the Website, please check these Terms to ensure you understand the Terms as are current and that apply at that time.

Orders and 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 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 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.
Royal Garden Centre may accept or decline orders at our absolute discretion, and we may impose further conditions for acceptance of orders, and upon acceptance (which shall be communicated by email, phone or via the Website), such acceptance of the order along with these Terms shall constitute a contract between us and you (the “Contract”).

Payment
We accept payment via Visa and Mastercard, 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. Unless we are fraudulent 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. You must retain a copy of transaction records and you should note that multiple transactions may result in multiple postings to your statements.

Pricing
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 shipping fees or delivery charges.

Cancellations, Refunds and Exchanges
If you wish to cancel your order, please contact us immediately on telephone number (04) 340-0648. 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 Royal Garden Center located in Al Warsan 3 within 48 hours of receipt of goods 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) assuming goods are in good condition. 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. installation 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.

After the 48 hour cancellation grace period has passed we may offer product exchanges however it will be at our sole discretion.
Incorrect Items

If we have sent you an incorrect Product, please notify our team on telephone number (04) 340-0648 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.

Costs
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.

Losses
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.

Availability & Condition of Products
Royal Garden Centre works with delicate products as well as seasonal and perishable goods, therefore it is possible a product is not in the condition advertised due to circumstances beyond our control. If you give us notice in writing or call us within 24 hours of delivery that some or all of the produce do not comply with the agreed specifications, you agree to allow us to have the opportunity to examine such products (if we elect to exercise such right within 24 hours of your notice) and we may, at our option replace any produce that is found to be defective or in unacceptable condition.
Please note that any delivery will require You or a representative from your household or company or facility to accept the goods and sign a delivery note for the same. You or your representative will be required to check the product at that time in order to acknowledge that products were received in good condition and sign a delivery note that will confirm this. Royal Garden Centre does not offer any warranty on any products sold unless it is mentioned explicitly on our website, by email or purchase order and is not responsible for condition of goods after delivery.

Partners and Suppliers
Sometimes Royal Garden Centre will work alongside a third party to deliver the goods. When this is the case, we are not liable for their actions.
Permissions, Licensing and Security Access
If you ask us to supply Services at your premises or elsewhere, then you will be responsible for securing any permissions, licenses or NOCs from the relevant authority. If we need special security access, you will be responsible for arranging this.

Intellectual Property
Royal Garden Centre uses a number of proprietary trademarks (whether registered or not), logos, designs, patterns and other brand-related material. It is expressly prohibited to use, reproduce or copy these materials without our express written permission.
Website Terms of Use
• The Website will NOT deal or provide any services or products to any countries subject to OFAC sanctions and all dealing on the Website shall be in compliance with the laws of the United Arab Emirates (“UAE”). The UAE is the Company’s country of domicile.
• By accessing the Website, you are agreeing to be bound by the Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of the Terms, you are prohibited from using or accessing the Website. The materials contained in the Website are protected by applicable copyright and trademark laws.
• Website Use License. Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon our terminating your access to these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
• Limitations. In no event shall we nor our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the material or information on the Website, even if a Royal Garden Centre authorised representative has been notified orally or in writing of the possibility of such damage. Where a jurisdiction does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
• Accuracy of Materials. The information and material appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete or current. We may make changes to the material and information contained on the Website at any time without notice. However, we do not make any commitment to update the material or information.
• Links. Royal Garden Centre has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.

Indemnity
You agree to fully indemnify Royal Garden Centre (on an after tax basis), and keep us indemnified, from and against any losses, claims, demands, damages, costs, charges, expenses or liabilities (or actions, investigations or other proceedings in respect thereof) (“Claims”) which we may suffer or incur or which may be made against Royal Garden Centre relating to or arising directly or indirectly out of or in connection with your breach of these Terms, and you agree to reimburse Royal Garden Centre for all costs and expenses (including legal and other professional fees) which are incurred by us in connection with investigating or defending any such claim or proceeding. This indemnity shall not, however, apply to the extent that it is finally judicially determined that the relevant Claim resulted primarily from our gross negligence or fraud. For the avoidance of doubt, you agree and undertake that you will not make any claim or exercise any other remedy (including set-off) against us relating to or arising directly or indirectly out of or in connection with the provision of Services except to the extent that you have suffered loss resulting primarily from our gross negligence or fraud
In particular, the you agree to indemnify us for costs relating to:
• the provision of debt recovery services which we may opt to engage, in order to recover overdue amounts and related interest that you owe under this Contract; and/or
• any reasonable legal fees incurred relating to legal costs associated with such recovery.

Force Majeure
Neither of us shall be in breach of this contract nor liable for delay in performing, or failure to perform, any of its obligations (except for payment obligations) under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

Assignment
We may (and you may not) at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under this contract to any third party or agent.

Jurisdiction & Governing Law
Any dispute, difference, controversy or claim arising out of or in connection with the Contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the U.A.E. The contract shall be governed by and construed in accordance with the laws of the United Arab Emirates.