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These terms and conditions (the "Terms and Conditions") are the terms
and conditions upon which TechnoVision makes this website (the "Wardq8.com
Site") available to you and any of our services which are accessible on or via
the Wardq8.com Site (the "Wardq8.com Service").
These Terms and Conditions govern your use of the Wardq8.com Site and
the Wardq8.com Service.
1. Wardq8.com products
1.1 All Wardq8.com Products as depicted on this website (as may be
varied from time to time) are available almost everywhere in
Kuwait
.
1.2 Wardq8.com Products may be delivered by us Or by the Flower shop
itself.
1.3 Some Wardq8.com Products, Flowers and Plants may be harmful, if
you require further information before submitting an order please contact the
Wardq8.com Customer Service Team using the contact details set out in Section 6
below.
1.4 All Wardq8.com Products are subject to availability. In the event
of any supply difficulties, we reserve the right to substitute an Wardq8.com
Product of equivalent value and quality without notice.
1.5 In the event that we are unable to supply the Wardq8.com Product
or any substitute product to you at all, we shall notify you as soon as is
reasonably possible and shall reimburse your payment in full and in any event
no later than 30 days after the intended delivery date.
1.6 Products are delivered in maximum of 3 hours unless other delivery
service requested.
1.7 Some Wardq8.com Products are unavailable for Same-day and
Wardq8.com Express Delivery, including simply Wardq8.com Plants.
2. Prices
2.1 Prices listed within the Wardq8.com Service are valid for a
maximum of 14 days of submitting your purchase form.
3. Orders / Payment
3.1 You will be given clear instructions to follow to navigate the
Order Form and you shall be required to provide us with your complete personal
details, including accurate postcode, together with those of the intended
recipient and all necessary payment details. We accept payment by all major
credit and/or debit cards other than Electron and any other credit and/or debit
cards as we may specify from time to time. By clicking on the 'check out'
button on the Order Form, you are consenting to be bound by our terms and
conditions contained in these Terms and Conditions and appearing anywhere on
the Wardq8.com site.
3.2 Submitting your Order Form is subject to our acceptance of this
offer when we issue a written confirmation of acceptance by e-mail to the
e-mail address with which you have addressed us. This message will re-confirm
elements of the order(s) you have placed including confirmation of your card
message. We will not consider ourselves bound by a contract with you until we
have issued this confirmation.
3.3 We will confirm your order details and advise you that we are
processing your purchase when we e-mail you.
3.4 We cannot accept Order Forms from customers under the age of
eighteen (18) years.
4. Delivery
4.1 Except where stated, Standard Delivery is Within 3 hours, and free
of charge. If you request delivery to remote areas which are not normally
delivered to by Wardq8.com you will be advised of any additional charges as
soon as possible upon receipt of your Order Form. Selected products are not
available for delivery to certain areas - where possible we will advise you of
these restrictions before you place your order.
4.2 Delivery Services - Should you require your delivery to be made
within a specific time period (this is only available for certain product
ranges).
4.3 Incorrect personal details may lead to problems or delays in
delivery, so before placing your order, please ensure that you have included
the full address details, including accurate postcode of the intended recipient
and telephone number, together with your daytime contact telephone number or
e-mail address so that we can notify you in the event that any delivery
problems are encountered.
4.4 Certain products will be delivered during a delivery period,
providing delivery within a time frame around your preferred delivery date - if
this is the case for your order, we will advise you prior to, or during the
order process.
4.5 Whilst we agree to use all reasonable endeavors to ensure that
delivery will be on the requested delivery date or during the delivery period,
you acknowledge that actual delivery will be via a local florist or for certain
orders via third party courier or postal service (including, but not
limited to items from the Simply Wardq8.com, plants). In very occasional
circumstances delivery on the requested terms will not be possible, in such
circumstances you will be given prior notice wherever possible and we shall
either make alternative arrangements or shall reimburse your payment in full in
accordance with clause 1.5 above.
4.6 Please note that the carrier is only responsible for
delivering against signature to the address you quote (or an imminent neighbor
if no one is at home) we regret that where the Products have been correctly
delivered we can not accept responsibility if the intended recipient has moved,
or lives elsewhere, and the actual received refuses or fails to return item(s).
4.7 Where the carrier is unable to find someone to accept delivery
they will either deliver to a neighbor or leave a card at the address for the
recipient to make contact.
4.8 In the instance of there being difficulties in delivering your
order to the intended recipient we (including the florist or third party
delivering your order) reserve the right to contact the recipient using the
contact details you provide on the Order Form.
4.9 When placing your order you are able to specify further delivery
information using the 'Delivery Information' field provided. This is intended
to provide further guidance to the party delivering your order which isn't
included within your address information – for example to specify floor number,
or hospital ward. We reserve the right to not action any delivery requests
specified in this field which we deem unacceptable and will use other elements
of address information provided elsewhere on the order form to fulfill your
order.
4.10 Before placing your order, please review delivery cut-off times
& prices - accessed from the Product Details page of each product.
4.11 For delivery in the Mother’s Day period (Friday 16, Saturday 17
and Sunday 18 March) orders are subject to Wardq8.com standard delivery. To
ensure delivery on Saturday 17 March orders must be placed by 12pm on 17 March.
Guaranteed delivery on Mother’s Day itself (Sunday 18 March) can be arranged
for 1KD (orders must be placed by 3pm on Saturday 17 March). For Same Day,
Wardq8.com Express 3-hour and specified before/after 1pm delivery services
extra charges apply, these services are not available on Sundays and Bank
Holidays nor from 16-19 March inclusive.
Freshness Guaranteed: We guarantee the freshness of your flowers for 7
days. Roses, summer and spring designated flowers will be guaranteed for a
period of 5 days.
5. Cancellation
5.1 Orders could not be amended or cancelled before / after the
intended delivery.
6. Disclaimer
6.1 Whilst we agree to use our reasonable endeavors to ensure that the
Wardq8.com Site and/or the Wardq8.com Service is fully operational and
error-free we cannot guarantee this and, therefore, accept no responsibility
for any defects and/or interruption of the Wardq8.com Site and/or the
Wardq8.com Service 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 Wardq8.com Site and/or the Wardq8.com Service
impossible or impractical.
6.2 (a) We do not accept liability for personal injury arising from
our side.
(b) Subject to clause 6.2(a), our liability in contract, tort
(including negligence and breach of statutory duty) or otherwise arising by
reason of or in connection with your Order Form with us shall be limited to a
multiple of [5] times the price you have paid for the Wardq8.com Products.
(c) Subject to clauses 6.2(a) and 7.2(b) 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 Wardq8.com Site and/or the Wardq8.com
Service, 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 Wardq8.com Products
supplied.
(d) Subject to clauses 1.5 and 4.6 above, we shall not be liable for
any delay or inability to perform our obligations to you if such delay is due
to any cause whatsoever beyond our reasonable control.
7. General
7.1 We reserve the right to supplement and amend the Terms and
Conditions on which you are permitted access to the Wardq8.com Site and/or the
Wardq8.com Service from time to time. We will post any changes on the
Wardq8.com Site and it is your responsibility as a customer to review the Terms
and Conditions on each occasion you access the Wardq8.com Service or Wardq8.com
Site. Changes will be effective five (5) hours after the posting of any such
change and all subsequent dealings between you and us shall be on the new terms
and conditions.
7.2 Additionally, we reserve the right to suspend, restrict or
terminate access to the Wardq8.com Site and/or the Wardq8.com Services for any
reason at any time.
7.3 These Terms and Conditions shall be deemed to include all other
notices, policies, disclaimers and other terms contained in the Wardq8.com
Site, 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.
7.4 We shall ensure that we comply with the requirement of all current
data protection legislation including, without limitation, the Data Protection
Act 1998 (as replaced, modified or re-enacted from time to time). We shall only
use personal data received from you for the purpose of fulfilling our
obligations under these Terms and Conditions and as stated in our Privacy
Policy.
7.5 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.
7.6 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.
7.7 Selected editorial articles contained on this site remain
copyright of TechnoVision Co.
7.8 Your purchase will be deemed to have occurred in
Kuwait
. These Terms and Conditions shall be governed by and
construed in accordance with Kuwaiti Law and the parties agree to submit to the
exclusive jurisdiction of the Kuwaiti courts.
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