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Flowwow Terms of Use

Section I: Terms

1. For the purpose of these Flowwow Terms of Use:

‘The Flowwow Service’ (the ‘Service’) means all pages of the website located at https://flowwow.com/, as well as Flowwow Mobile Applications that provide access to a database of Items sold through the Service.

‘Website’ means all pages of the website located at https://flowwow.com/.

‘Flowwow Mobile Applications’ means software (for mobile devices) on the Android and iOS platforms available for Users to download at https://flowwow.com/downlApp/.

‘User’ means a legally capable individual using the Service to purchase Items/order Delivery of Items.

‘Recipient’ means a third party indicated by the User as the recipient of the Items if the recipient of the Items is not the User; in case of Self-pickup, a third party with whom the User has shared the Order pick-up security code and who receives the Goods by means of Self-pickup.

‘Personal Area’ means the User’s personal area in the Service associated with the User’s account in which the User can manage personal settings, view Order History, etc. A personal area is created for the User after signup for the Service.

‘Item’ means an object of sale and purchase (a thing), not withdrawn from the market and not subject to commercial restrictions, which is the subject of a purchase/sale/supply agreement concluded using the Service. The subject of purchase and sale/supply may be food or non-food Items about which information is posted on the Service.

‘Seller’ means a legal entity isting their Items for sale using the Service.

‘Order’ means the performance by the User of actions aimed at concluding an agreement for the purchase of Items and an Agreement for the Delivery of Items by placing an order directly through the Service.

‘Delivery’ means a service for the delivery of Items for which the User has placed an Order through the Service.

Self-pickup shall mean independent collection of an Order at a Seller's shop (without Delivery).

High Demand Days shall mean days when the Service experiences higher-than-normal workload, on which Users have additional options for Order cancellation. High Demand Days shall be determined by the Service.

‘Seller’s Gift Certificate’ (‘Seller’s Certificate’) means a tangible medium issued by a Seller containing an alphanumeric code confirming advance payment and giving a User/Recipient the right to purchase goods and/or services sold by the Seller in an amount equivalent to the nominal value of the Seller’s Certificate. The validity period of the Seller’s Certificate and the conditions for its use shall be indicated in the Service and may additionally be indicated on the Seller’s Certificate. Unless otherwise stated in the Terms/Services:

  • by purchasing and using the Seller’s Certificate, the User/Recipient enters into a direct contractual relationship with the Seller;
  • in purchasing the Seller’s Certificate, the User shall be guided by the provisions of the Terms governing the purchase of Items and/or services sold through the Service;

The Seller’s Certificate cannot be used to pay for Items and/or services sold by the Seller through the Service.

‘Support Service’ means a service that a Service User can contact for technical support to resolve a problem or for additional information on a matter of interest. The Service Support Service can be contacted:

‘Chat’ means a tool implemented in the Service for exchanging messages with the Support Service and the Seller, available in the Mobile Applications and on the Website pages.

‘Flowwow Terms of Service’ (the ‘Terms’) means this document, posted on the Internet at https://flowwow.com/ae-en/docs/terms-of-use/.

‘Flowwow’ means FLOWWOW - FZE, license number 17505 (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates)

2. Terms that are not defined in clause 1 of this Section of the Terms of Use may be used in the Terms of Use. In this case, the given term shall be construed in accordance with the text of the Terms of Use. In the absence of an unambiguous interpretation of the term in the text of the Terms, one should be guided by the interpretation of the term defined by the legislation of the United Arab Emirates or in the Service or generally used on the Internet.

Section II: General Provisions

1. By using the Service, the User is considered to have accepted the Terms in full, with no reservations or exceptions, and is also considered to have accepted in full, with no reservations or exceptions, the terms of:

If the User does not accept the Terms and/or the terms of the documents specified in this clause of the Terms, he or she must immediately stop using the Service.

2. The Terms of Service, as well as the documents specified in clause 1 of this Section of the Terms of Service, may be amended and/or revised by Flowwow unilaterally. The Terms of Service and the documents specified in clause 1 of this Section of the Terms of Service shall be open and publicly available documents.The effective editions of the documents are available on the Internet at: https://flowwow.com/ae-en/docs/terms-of-use/. Flowwow recommends that Users check these documents regularly for amendments and/or revisions. Continuing to use the Service upon introduction of any amendments and/or revisions to the Terms of Service shall mean the User has accepted and agreed to such amendments and/or revisions.

3. A failure by the User to familiarise themselves with the Terms of Service may not constitute grounds for any failure by the User to fulfil their obligations or any failure by the User to comply with the limitations set out in the Terms of Service.

Section III: Signup for the Service

1. To use certain features of the Service and/or to place an Order, the User must complete the registration procedure:

  • to use the Service through the Mobile Application, the User must:
    • enter a phone number and other data indicated by the Service as required in appropriate fields;
    • enter the verification code sent via a text message to the specified phone number in the appropriate field;
  • to use the Service through the website, the User must:
    • click the ‘Login’ button and enter a phone number in the special field;
    • enter the code received on the specified phone number in the special field for entering the code,
    • OR

    • place the first Order.

2. Signup for the Service is free.

3. Signup with one phone number is allowed only once. If the phone number specified during signup changes, the User must:

  • Register a new user account using a different phone number (in this case, the Order History and existing bonus points will not be saved)
  • OR

  • contact the Support Service. The Support Service must be contacted from the User’s phone number specified during signup. The Support Service can be contacted for this purpose via Chat. In this case, the Order History and the existing bonus points will be saved.

4. After signing up for the Service, a user account shall be created and made available to the User.

5. Flowwow processes Users’ personal data in accordance with the Privacy Policy, available on the Internet at https://flowwow.com/ae-en/docs/personal-data/.

6. By signing up for the Service, the User agrees that Flowwow may send informational and advertising messages as well as service notifications including those related to Orders:

  • at the email address specified during signup
  • OR

  • through calls/SMS/push notifications or otherwise to the phone number specified during signup and/or in the Order.

The User has the right to opt out of receiving informational and advertising messages by disabling the corresponding feature in the Service settings and/or following the instructions in the message received.

Section IV: Conditions for Users Purchasing Items/Ordering Delivery Solely for Personal, Family, Household, and Other Non-Business Needs

1. Placing an Order

1.1. A user places an order independently using the features of the Service.

1.2. When placing an Order using the Service, the User concludes contracts for the sale and delivery (by public offer) of the Items with the Seller, entering into direct contractual relations with the Seller from which he or she is buying the Items/ordering Delivery. All rights and obligations under the agreements concluded with the User arise directly for the Seller. Using the Service, Flowwow provides the User with information and consulting services consisting of the ability to:

  • select Items;
  • conclude an agreement for the sale of the Items and an agreement for the Delivery of the Items with the Seller;
  • pay for the Order (The Parties acknowledge that this Service is not a payment service and Flowwow is not a payment service provider.
  • receive notifications about Order status;
  • modify or cancel the Order.

1.3. By placing an Order, the User agrees that the Seller has the right to authorize a third party to deliver the Items while remaining responsible for the Delivery execution.

1.4. At the time of Order placement, the User is obliged to familiarise himself/herself with the following information available on the Service:

  • about the main consumer properties of the Item/conditions of provision of Services;
  • about the rules for the effective and safe use of the Item: https://flowwow.com/s/flower-care/;
  • about the Seller’s full company name (name) and the Seller’s address (location);
  • about the place of manufacture of the Items;
  • about the price (including VAT and other taxes, if applicable) and terms of purchase of the Items, about the payment procedure;
  • about the price (including VAT and other taxes, if applicable) and terms of purchase of the Items and about the payment procedure;
  • about the price and terms and conditions for Delivery of Goods or Self-pickup of Goods;
  • about the service life, expiration date, and warranty period set for the Product (if applicable).

1.5. Information on the Service about the availability of Items is confirmed when the User places an Order and, due to the technical features of the Service, may change at the time Order placement.

1.6. When placing an Order, the User is obliged to indicate all the data necessary for the execution of the Order, including but not limited to the following:

  • their valid contact details and valid contact details of the Recipient of the Goods to the extent provided for by the Service;
  • in case of Delivery: address, date, and time of Delivery of the Goods. If the Goods are to be accepted by another individual other than the User, and at the time of placing the Order the delivery time and address are unknown, the User shall be obliged to specify a contact phone number of the Recipient for the Seller/Supplier to arrange the Delivery address and time;
  • in case of Self-pickup: the date and time of Self-pickup of the Goods.

1.7. Invalid and/or incorrect details provided for in clause 1.6 of this Section of the Terms of Service entered by the User shall constitute grounds for cancellation of the Order.

1.8. Flowwow has the right to block a User’s ability to place an Order in the event of repeated cancellation of Orders placed by the User and/or repeated refusals of the Items and/or a repeated failure to perform a Self-pickup and in the event of violation of these Terms. The blocking period shall be established independently by Flowwow.

1.9. The confirmation of the Order is the payment made by the User. The Seller shall accept the order for execution only after the User has fulfilled the obligation to pay.

1.10 The agreement with the Seller/Flowwow shall be considered concluded:

  • if the User pays for the Order using Google Pay—from the moment the User clicks the ‘Pay’ button;
  • if the User pays for the Order using Apple Pay—from the moment the User clicks the ‘Buy’ button;
  • if the User chooses a bank card to pay for the Order—from the moment the User clicks the button ‘Complete registration’ or ‘Order’.

The contract shall be considered concluded in electronic form under UAE Civil Code

1.11. By paying for the Order, the User confirms:

  • that he or she has been fully informed of and understands the information specified in clause 1.4. of this Section of the Terms;
  • agreement to all material terms of sale and Delivery and Self-pickup of the Items.

1.12. AAfter paying for the Order and submitting the Order details to the Seller / Carrier, the User cannot make any changes to the Order using the Service features. If the User wishes to make changes to the Order, the User shall have the right to contact the Seller / Carrier using the contact details specified with the Service or via Chat. In this respect, making changes related to the Order composition, date, time, or address of the Delivery, the Recipient's name, adding / making changes to message / greeting cards, shall be allowed until the Order status with the Service has changed to ‘Ready for delivery’ / ‘Photo before delivery’.

2. Order cost. Payment procedure

2.1. Possible payment methods for the Order at the time of Order placement are indicated on the Service. The method the User chooses from the available payment methods shall be considered the agreed payment method.

2.2. When payment is made for an Order using Google Pay/Apple Pay or by credit card, payment is made to the current account of Flowwow, which, in terms of accepting funds as payment for the Order, acts on behalf of the relevant Seller with the involvement of an authorized payment acceptance operator or electronic money operator and is the recipient of payment as a beneficiary. The User’s obligation to pay is considered fulfilled from the moment payment is confirmed by the credit institution serving the User. Flowwow and the Seller are not responsible for any additional expenses of the User related to the chosen payment method (including but not limited to foreign currency exchange). Flowwow does not store the User's banking data and has no access to them. The data necessary for making a payment is stored in an encrypted token that is transferred to the authorized payment acceptance operator or electronic money operator.

2.3. The Seller shall issue a Tax Invoice for the amount of the order independently under the legislation of the Seller’s country. It shall be transferred to the User at the time of delivery of the order (if the User is the Recipient) and/or can be sent to the User’s e-mail specified during Registration, if the User so requests. When placing an Order, the User is responsible to provide correct data to be specified in a Tax Invoice. If the User provides incorrect or incomplete data, the Seller is not obliged to issue a new Tax Invoice.

2.4. The User agrees that the personal data that the User provides to Flowwow when paying for an Order and/or for a refund can be transferred by Flowwow to credit institutions involved in the transactions in question.

3. Delivery and Self-pickup

3.1. The time and cost of Delivery of the Items for each Order are determined at the time of Order placement.

3.2. If, at the time of Order placement, the User has not specified a Delivery address, the Seller or Flowwow shall contact the User/Recipient to clarify the Delivery address. After clarification of the Delivery address, the Seller has the right to change the delivery cost indicated at the time of Order placement. The new shipping cost shall be agreed upon between the Seller and the User directly. If the User disagrees with the cost of Delivery, the User/Seller has the right to cancel the Order. A Seller shall deliver Items only within the country of its registration. A Seller has the right to limit its Delivery area independently. The possibility of delivering Items to the specified delivery address is displayed on the Service at the time of Order placement. Cancellation of an Order shall be carried out in the manner prescribed by clause 4 of this Section of the Terms.

3.3. If Delivery of Items was carried out within the time frame established by the contract but the Items were not transferred to the User/Recipient for reasons beyond the control of the Seller, the Seller has the right:

  • refuse to fulfil the Order. In this case, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller.The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates;
  • to re-deliver the Items on a new date agreed upon with the User, subject to the User's repeated payment of the cost of the Delivery of the Items.

3.3.1. If, at the time of Order placement, the User chooses to collect the Goods by means of Self-pickup, the User shall be obliged to pick up the Order within the time period specified at the time of Order placement. If the User does not perform Self-pickup of the Goods within the specified period, the User can perform Self-pickup by the end of the current day within the Seller’s business hours or within another time period specified with the Service (provided that the Self-pickup time period is extendable and within the Seller’s business hours). If the User does not perform Self-pickup of the Goods within the specified period, the User shall be considered to have refused to accept the Goods, and the Seller shall have the right to refuse to fulfil the Order unilaterally out of court, and the Order may be cancelled by the Service.

When performing Self-pickup, the User/Recipient shall provide the Seller with the Order pick-up security code. The User shall be solely responsible for keeping the Order pick-up security code confidential and for sharing it with third parties.

3.4. The risks of accidental loss or damage to the Items pass to the User/Recipient at the time of the transfer of the Items.

3.5. Upon receipt of the Items, the User/Recipient is obliged to inspect the Items and check them for compliance with the Order.

3.6. In the event of any claims regarding the Items, the User/Recipient has the right to refuse the Items upon receipt in the manner provided for in clause 4.3. of this Section of the Terms or to accept the Items and subsequently open a dispute in the manner provided for in clause 5 of this Section of the Conditions.

3.7. Users who place an Order that includes the purchase and/or delivery of Age restricted Items must be of legal age. This means that they must be at least the age stipulated by the local legislation applicable in the territory in which the User is placing the Order. By placing an Order for the age restricted Items, you confirm that you are at legal age.

If the Order contains age restricted Items, the Seller and/or the person delivering the Order has the right to verify the age of the User/Recipient based on the identification document (passport, ID or other document depending on the country).

In case of failure to present or absence of the identification document, or in case the age of the User/Recipient does not meet the age restrictions for the Item, the Item shall not be transferred to the User/Recipient. The delivery service shall be considered properly fulfilled and the User shall not be entitled to receive the refund for the delivery service. Also the User may be charged for redelivery to the Seller. Refunds for the Item shall be made in accordance with clause 4.5 of Section IV.

In those cases and cities in which the sale and/or delivery of age restricted Items (e.g. alcoholic drinks) is restricted during a particular time slot, it is the User’s responsibility to place Orders only during the times allowed under the applicable legislation. Flowwow and/or the Seller reserves the right to refuse the Order for the purchase and/or delivery of age restricted Items outside the permitted times.

4. Order Cancellation. Refusal of Items. Return of Items

4.1. The Seller has the right to cancel an Order:

  • if an Items is not in stock or if an Item to be delivered to the User is damaged;
  • if the User refuses the Order in accordance with the Terms;
  • if the User/Recipient evades receipt of the Items;
  • if the cost of the Order was indicated/displayed incorrectly due to a technical failure/for other reasons and the Seller was unable to contact the User and/or the User does not agree with the new cost of the Order, including the cost of Delivery;
  • in other cases provided for by the Terms or in other cases when the Seller is unable to fulfil the Order.

4.2. The user has the right to cancel an Order:

  • Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
  • After the Order status changes to ‘Ready for delivery’ / ‘Photo before delivery’, cancellation of the Order is not possible. In this case, the User shall be guided by clause 4.3 of this Section of the Terms;
  • if Delivery is scheduled on a High Demand Day (the Delivery date falls on a High Demand Day), the User shall be provided with an option to cancel their Order with status ‘Ready for delivery’/’Photo before delivery’ or ‘Courier on their way’ if the Delivery of the Goods is overdue for more than 2 (two) hours. Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
  • when choosing to collect the Goods by means of Self-pickup, after the Order status has changed to ‘Accepted’, Order cancellation shall only be possible by contacting the Service Support.

4.3. Refusal of Items by the User/Recipient:

  • at the time of accepting the Goods by means of Delivery or Self-pickup, the User may refuse to accept the Goods either in part or in whole. A refusal to accept the Goods shall be arranged by contacting the Service Support;
  • at the time of accepting the Goods by means of Delivery, the Recipient may only refuse to accept the Goods in whole.In this case, the Seller shall contact the User to arrange further actions. If the Seller was unable to contact the User within 10 (Ten) minutes, having made at least 3 (Three) calls, the Seller has the right to refuse to fulfil the Order. In this case, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates;
  • if the User / Recipient has refused to accept all the Goods listed in the Order, and such refusal is not associated with inadequate quality of the Goods, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates;
  • if the User has refused to accept a part of the Goods listed in the Order, a refund shall be issued to the User for the Goods they have refused to accept, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates.

4.4. Return of an Item by the User:

  • The return of Items of good quality is possible if their saleable condition and initial consumer properties are retained. The User shall not have the right to refuse an Item of good quality having individually defined properties;
  • A User wishing to return an Item shall make the said request in the manner provided for in clause 5 of this Section of the Terms;
  • The User shall return Items to the Seller using the details indicated on the Service. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates.

4.5. Refunds shall be made to the User within ten (10) days after cancelation of the Order/the User/Recipient’s refusal of the Items. The funds must be returned to the same bank card with which payment for the Order was made.

5. Support for the Consideration of User Claims

5.1. Flowwow’s liability is limited to the liability provided as per the United Arab Emirates laws. Responsibility for the execution of the contract concluded between a User and a Seller using the Service and for the observance of other consumer rights is borne by the Seller unless otherwise expressly provided by the current legislation of the Seller’s country of registration.

5.2. The Service provides Users with the function of information support for the consideration of claims. This does not imply that Flowwow has the authority to satisfy the Users’ claims, including those related to the inadequate quality of Items. When providing such a function, Flowwow acts as a mediator.

5.3. Within three (3) days from the moment a Seller fulfils an Order, the User has the opportunity to settle any claim with the Seller through the Service. Upon the expiration of the specified period, the User will settle all claims directly with the Seller without the involvement of Flowwow unless otherwise provided by the current legislation of the Seller’s country of registration.

5.4. To file a claim through the Service, the User must:

  • evaluate the work of the Seller according to one of the criteria proposed by the Service, putting down 1 or 2 points;
  • choose what the claim is from the proposed options;
  • select the desired outcome of the resolution of the claim from the options offered or indicate another outcome of the resolution of the claim desired by the User;
  • describe in detail the circumstances that caused the claim and click the ‘Open dispute’ button.

5.5. Acting as a mediator Flowwow has the right to request information and documents necessary to decide on the claim from the User. The User’s failure to provide the requested information and/or documents may be grounds for deciding on the claim in favour of the Seller.

5.6. The term for an initial response to a claim with the participation of Flowwow as a mediator is up to three (3) days, subject to the timely provision of the requested information and/or documents by the parties. The term for making a final decision is up to ten (10) days from the date of provision of all the requested information/documents.

5.7. If any of the parties disagree with the decision of Flowwow, the dissenting party has the right to resort to other methods of protecting their rights provided for by the current legislation of the United Arab Emirates.

5.8. Notwithstanding the provisions of this Section, the User has the right to use other means of resolving claims provided for by the current legislation of the Seller’s country of registration.

Section V: Order Feedback Policy

1. Following the completion of the Order, the User has the right to leave reviews on the Service concerning the Items and/or the Seller and to attach photos of the Items.

2. The User has the right to change (edit) his or her reviews and delete them. The User can change (edit) reviews by contacting the Seller or the Support Service. The removal of reviews is carried out only by the User contacting the Support Service.

3. By posting any information on the Service, the User agrees that Flowwow can use messages and materials posted by him or her in its advertising or marketing materials made available on the Internet, as well as to attract the attention of other users to the Service or Items, with or without indicating the User's name, with no obligation to provide reports on the use of such messages and materials, and without the need to obtain special permission from the User and without payment of royalties, throughout the world with no time limit. Flowwow is also entitled to grant the said rights to use such messages and materials to third parties. If the User is not entitled to grant Flowwow the right to use any message or material in such a way, he or she must refrain from posting such message or material. The User is responsible for the accuracy of the information contained in the materials posted by him or her.

4. Flowwow has the right not to publish User information if it:

  • does not apply to the User’s Order;
  • does not contain information that would be useful to other users of the Service;
  • contains profanity, offensive statements, statements defaming the honour, dignity, and/or business reputation of Flowwow/Sellers and third parties;
  • contains links to other websites or materials that violate third-party rights, including intellectual property rights and means of individualisation.

5. Flowwow has the right to delete the User’s published information at any time. Flowwow has the right not to inform the User of the reason for refusing to publish the User’s information and/or deleting the User’s information.

Section VI: Other Terms

1. The user has the right to participate in the Flowwow loyalty programme under the conditions specified in the Flowwow Loyalty Programme posted on the Internet at https://flowwow.com/ae-en/docs/loyalty/.

2. If one or more provisions of the Terms are declared invalid or unenforceable for one reason or another, this shall not affect the validity or applicability of the remaining provisions of the Terms.

3. The Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Matters not settled in the Terms are subject to resolution in accordance with the legislation of the United Arab Emirates. All possible disputes arising from relations governed by the Terms shall be resolved in the manner prescribed by the current legislation of United Arab Emirates.

4. Flowwow does not guarantee the absence of interruptions in the operation of the Service due to technical malfunctions, maintenance, etc. However, it shall make commercially reasonable efforts to ensure the functioning of the Service around the clock.

5. Flowwow is not responsible for damage (direct or indirect) caused to the User or third parties due to the use or inability to use the Service and shall not compensate for such damage unless otherwise provided for by the current legislation of United Arab Emirates.

6. Flowwow is not responsible for any damage to the device or software of the User or another person caused or associated with the use of the Service or when clicking on the links posted on the Service unless otherwise provided for by the current legislation of United Arab Emirates.

FLOWWOW - FZE, Reg. No. DSO-FZE-16091, trade license 17505, (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates)

Date of publication 21.02.2024

Previous version of the document: https://flowwow.com/docs/terms-of-use_ae-till-20-02-2024/

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