Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect. Site refers to “gardenya.ae” Website.
These Terms of Sale set out the terms and conditions on which products are supplied to you as a buyer on www.gardenya.ae. The owner and operator of the Site is GARDENYA PLANTS registered in Dubai, United Arab Emirates (“UAE”) under license number 979262 (“we”, “our” or “us”).
Governing Law. These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai.
Third Party Rights. A person who is not a party to these Terms of Sale has no right to enforce any of its term.
You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
- Any claims or demands made by any third party due to or arising out of your use of the Site and our services.
- Your violation of any of provisions of these Terms, including, without limitation, any of the warranties, representations and undertakings.
- your violation of any applicable laws.
Order Acceptance. Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order for any reason, we will inform you of this in writing or through a call and full refund will be made for your payment.
Invoice. We will issue an electronic invoice only for your purchase and send such invoice to the email address you provided to us.
Payment. By placing an order, you authorise us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by:-
- Credit/Debit card
- Apple/Google Pay
- Bank Transfare
We may remove or add cards or other payment methods that we accept at any time without prior notice.
In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
Cancelling Order. You may cancel your order immediately (within 6 hours from order time) prior to shipping for any reason by sending and email to [email protected] from the email mentioned in your order*, We might charge you partial or full amount of order if cancellation was made after the mentioned period.
*Payment charges of 3%/5% + 1AED will be deducted from the refund amount, unless the product is illegible for returnable products which applies under our Return policy, bank transfer refunds will be free of charge.
Our Cancellation. We may cancel your order(s) if:
- You do not make any payment to us when it is due.
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- You attempt to bulk or multi-order purchase
- Order(s) not being capable of fulfilled due to product(s) not being available.
- Other reasons that make us incapable of selling or delivering the order.
DELIVERY OF YOUR ORDER
Delivery Costs. The costs of delivery will be as displayed to you on our Site at the checkout based on your order total and delivery location.
Delivery Date. This information will be displayed to you on our Site.
- Order delay might happen if order supplies didn’t reach our store on time or we faced any logistics issue during delivery.
- If our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product.
- If you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.
Order related Communication should be made through & only by one of the following channels below:-
Returnable Products. You have a right to return, replace or exchange products in respect of:
- You have received a wrong product.
- You have received a damaged product.
- You have received a product that is not as described on the Site.
Non-returnable Products. You do not have a right to return, replace or exchange products in respect of:
- Products that have been used or damaged by you or are not in the same condition as you received them.
- Any consumable product which has been used or installed.
Return Contact. Return request should be made by contacting us through our contact channels.
Refund deposit. We will issue a refund using the same method of payment used in order only.
Refund Timescale. Your refund will be initiated once your product is received back in our customer fulfilment center and inspected by our team, and the final refund will be received by you within thirty (30) days from the day on which we receive the product back in our customer fulfilment center.
Adjustment of Delivery Charges on Partial Returns. In the event of a partial return of an order that initially qualified for free delivery, the remaining total of the order will be reassessed against the free delivery eligibility threshold. If the revised total order value falls below the threshold for free delivery after the return, we reserve the right to deduct the standard delivery charge from the refund amount. This is to account for the delivery costs incurred on the initial transaction.
Delivery Charges refund. Delivery charges are fully refundable in case all products in order are eligible to our returnable products policy only.
Plants Return. Plants are returnable within 24 hours from receiving the delivery under some aspects which are mentioned under our plant products policy
General conditions applicable to all returns: Gardenya.ae shall reserve the right to return a product to the customer if the product returned does not meet any of its guidelines or conditions. The customer shall not be entitled to any refund if the product is not eligible for return. In the case a product is declined for a return request at any stage, we will make two (2) attempts to deliver the product back to the customer. In case both attempts of delivery are unsuccessful, we will hold the product for three (3) business days only in our delivery hub. The customer can raise a request for another attempt with our customer care team within three (3) business days post the last notified attempt. If we receive the request from the customer for another attempt within three (3) business days post the last notified attempt, we can arrange the last attempt for delivery within two (2) business days otherwise the item will be sent for liquidation and the customer won’t be able to request for the delivery of the product again.
Plant Images. Plants images displayed in the website are to show the type of plant only, and not the actual plant. Plant specifications will be mentioned in the item description.
Plant Size. .Plant sizes are always approximate which can be 10 to 20% bigger or smaller than mentioned sizes.
Plants Pots/Planters. All plants are sold in plastic planters unless different planter specifications/choices are mentioned in the product description.
Bearing/Blooming Plants. Bearing & blooming plants can be sold with few or without flowers/pods based on season.
Returnable Plants. You have a right to return, replace or exchange plant in respect of:
- You have received a wrong plant.
- You have received a plant in not healthy condition.
- You have received a plant with damaged/broken pod.
Non-returnable Plant. You do not have a right to return, replace or exchange products in respect of:
- Plants received more than 24 hours from the time of the refund request.
- You have received a plant which is less than 20% smaller/bigger than mentioned size.
- Plants received with out flowers/pods.