Alissar Flowers Terms and Conditions of Use

These Terms and Conditions of Use and Service ("Terms of Use and Service") govern your membership on and use of the website thefreshgarden.com ("Alissar Flowers Site" or the "Site") and your purchases and use of products available through the Site. The Site is operated and managed by its owner    [Alissar Flowers Trading LLC] and/or its subsidiaries and affiliates (collectively, "Alissar Flowers ").

Your use of the Site constitutes your agreement to follow and be bound by the Terms of Use and Service.  We reserve the right to update or modify the Terms of Use and Service at any time without prior notice and such modifications will be effective on the day they are posted.  For this reason, we encourage you to review the Terms of Use and Service whenever you the Site.  If you do not agree to these terms, please do not use the Site.

By establishing membership on the Site or purchasing or using products through the Site, you acknowledge and agree as follows:

GENERAL

You represent that you are (a) at least 18 years of age, (b) of legal age to form a binding contract, and (3) not a person barred from entering into contracts under your local jurisdiction.

You shall establish and use your membership on the Site, and purchase and use the products available through Alissar Flowers  Site, in strict compliance with these Terms of Use and Service and all applicable laws, rules and regulations (collectively, "Laws").  All calls, e-mails and other communications between you and Alissar Flowers  may be recorded.

ALISSAR FLOWERS  MEMBERSHIP

Establishing a Membership

You may establish a membership on the Site. Enrollment requires you to (1) indicate agreement to these Terms of Use and Service, (2) provide contact information and identification details, and (3) submit any other form of authentication as required by Alissar Flowers  as part of the enrollment process. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

Use of Membership

You shall not use your membership on Alissar Flowers  Site for any fraudulent or improper purpose or any purpose that is competitive to Alissar Flowers .  You shall notify Alissar Flowers  immediately by e-mailing [info@alissarflowers.com] of any unauthorized use of Alissar Flowers  Site or your membership on the Site known to you.  Alissar Flowers  reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Alissar Flowers  neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Alissar Flowers .  Termination of your access or use of the Site will not waive or affect any other right or relief to which Alissar Flowers  may be entitled.

Membership Termination

Alissar Flowers  may terminate your membership and refuse any and all current or future use of the Site (a) in order to comply with applicable Law, (b) if you provide any information that Alissar Flowers  determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if Alissar Flowers  determines, in its sole discretion, that you are using your membership on Alissar Flowers  Site in a manner not permitted by these Terms of Use and Service, or (d) in other circumstances, as Alissar Flowers  deems appropriate in its sole discretion.

PURCHASES

Order Processing

Alissar Flowers  may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase is out of stock or has been mispriced, or we suspect the request is fraudulent, or in other circumstances Alissar Flowers  deems appropriate in its sole discretion. Alissar Flowers  also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Alissar Flowers  will either not charge you or refund the charges for orders that we do not process or cancel.

Payments

If you make a payment for our products or services on Alissar Flowers  Site, the details you are asked to submit will be provided directly to our payment provider via a secured connection. 

The cardholder must retain a copy of transaction records and Merchant policies and rules.

Alissar Flowers  accepts payments online using Visa and MasterCard credit/debit card in AED currency. 

Product Descriptions

Alissar Flowers  attempts to provide accurate descriptions of products on the Site. Alissar Flowers  does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.  If a product offered on Alissar Flowers  Site is not as described, your sole remedy is to return the item, as specified in the above mentioned Return Policy.

Alissar Flowers  strives to provide accurate descriptions of products on the Site including colors, specifications and dimensions of items. The colors you see will depend on the resolution of your monitor; we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the item delivered.

Alissar Flowers  updates the items on the Site several times a week as we showcase items from farms around the world. Therefore, based on product availability and freshness, we will update our products including dimensions, specifications and quantities of items displayed on our Site without prior notice.

Pricing Information

Alissar Flowers  strives to provide accurate pricing information regarding the products and services available on Alissar Flowers  Site.  We cannot, however, insure against pricing errors.  Alissar Flowers  reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error.  If this occurs, Alissar Flowers  will notify you by e-mail.  In addition, Alissar Flowers  reserves the right, at its sole discretion, to correct any error in the stated retail price.

Shipping and Tax

Shipping and taxes will be calculated based on the country and method of delivery, and will be indicated at the time of checkout.

WEBSITE TERMS OF USE

License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Alissar Flowers , its licensors or its content providers, and is protected by copyright, trademark and other applicable laws.

Alissar Flowers  grants you a limited license to access and make personal use of this Site. Alissar Flowers  or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Alissar Flowers ’s sole discretion. 

Content You Submit Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). The Terms of Use and Service incorporates by reference the terms and conditions of the Privacy Policy. 

You represent that all of the information, data and other materials you provide on this Site or to Alissar Flowers  through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
You may not use a false e-mail address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  Some features that may be available on this Site may require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

Disclaimers

Except as otherwise expressly provided in these Terms of Use and Service, or required by applicable law, Alissar Flowers  makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Alissar Flowers  membership, any content on the Site, or any products purchased through Alissar Flowers  Site, as well as warranties implied from a course of performance or course of dealing.

Your use of this Site is at your sole risk.  The Site is provided on an "as is" and "as available" basis.  We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time.  Alissar Flowers  disclaims any warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete.  If you download any content from this Site, you do so at your own discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.  No advice or information obtained by you from the Site shall create any warranty of any kind.

LIMITATION OF LIABILITY

The providers whose products are available on Alissar Flowers  Site are independent contractors and not agents or employees of Alissar Flowers .  Alissar Flowers  is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of Alissar Flowers  membership, communications with third parties, and purchase and use of the products and services available through Alissar Flowers  Site. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Alissar Flowers  nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Site, or any other Site or resource you access through a link from this Site; (b) any action we take or fail to take as a result of communications you send to us; (c) your membership on Alissar Flowers  Site, any termination or cancelation of your membership; (d) any products or services made available or purchased through Alissar Flowers  Site, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; or (e) the modification, removal or deletion of any content submitted or posted on the Site.

INDEMNITIES

You agree to defend, indemnify and hold Alissar Flowers  harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms of Use and Service.

ELECTRONIC COMMUNICATIONS

When you use the Site or send e-mails to Alissar Flowers , you are communicating with Alissar Flowers  electronically. You agree and consent to receive, in electronic form, all communications related to your use of this Site.  Alissar Flowers  will communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.  All notices from Alissar Flowers  intended for receipt by a customer shall be deemed delivered and effective when sent to the e-mail address you provide on Alissar Flowers  Site.

ENTIRE AGREEMENT

These Terms of Use and Service constitute the entire agreement between you and Alissar Flowers  regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Use and Service.

Our Site Policies and Terms & Conditions may be changed or updated by us from time to time as needed to meet requirements.

SEVERABILITY

Severability refers to a provision in a contract which states that if parts of the contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply.

WAIVERS

The failure of Alissar Flowers  to act with respect to a breach of these Terms of Use and Service by you or others does not waive Alissar Flowers ’s right to act with respect to subsequent or similar breaches.  If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

DISPUTE RESOLUTION

Mindful of the high cost of litigation, both you and Alissar Flowers  agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Terms of Use and Service or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.  Notice shall be sent to:
[info@thefreshgarden.com]

Both you and Alissar Flowers  agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

APPLICABLE LAW

These Terms of Use and Service and the relationship between you and Alissar Flowers  will be governed by the laws of United Arab Emirates.