Term of use
OVERVIEW
Welcome to www.orchideaflora.com website terms and conditions for use.
This website is operated by Orchidea Flora Ltd, a company registered in the Republic of Mauritius. Business Registration number C21182551
The terms and conditions set out below apply to the use and access of this website. By accessing information, tools and services and/or placing an order on www.orchideaflora.com you agree to be bound by these terms and conditions. These conditions apply to all users of the site including without limitation users who are browsers, customers, vendors, merchants and/or contributors of content. If you do not agree to be bound by these terms and conditions in their entirety, you may not use or access this website.
Any new information, features, products, services or tools which are added to the store shall also be subject to the terms of service. We reserve the right to update, change or replace any part of these terms of service from time to time at our sole discretion by posting updates and/or changes to the website. Your rights under these Terms and Conditions will be subject to the most recent version of these Terms and Conditions. It is your responsibility to regularly check this page for any changes to these Terms and Conditions. Your continued access and use of the website following any changes or updates constitutes your acceptance of the new Terms and Conditions.
The Terms and Conditions are in addition to your obligations and rights under our Privacy Policy and Returns policy. In the event of a conflict arising between the Terms and Conditions and our Privacy policy and/or Returns policy, for the avoidance of doubt, the Terms and Conditions will take precedence.
Before browsing or placing an order, if you have any queries relating to these terms and conditions, Privacy policy and/or Returns policy please feel free to contact a member of our Customer Service team by email on [email protected] or through our Contact Us page and they will be delighted to help you.
These terms and conditions apply to all orders for Products or Services which are being delivered within the Republic of Mauritius.
DEFINITIONS
- Conditions – means these terms and conditions and the Special Conditions
- Product – means a product displayed for sale on the Website
- Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
- Special Conditions – means the terms and conditions in the Product Description
- Users – means the users of the Website collectively
- Personal Information – means the details provided by you on registration
- We/us/Our – means Orchidea Flora Ltd (including Employees, Representative or Contractors), registered office 137A, Highlands Branch Road, Phoenix, Mauritius registered in the Republic of Mauritius. Business registration number C21182551.
- Website – means the website located at www.orchideaflora.com or any subsequent URL which may replace it
- Business Day – means any day of the week other than Saturday, Sunday or public holiday in the Republic of Mauritius
- Calendar Day – means any day of the week, including Saturday, Sunday or public holiday in the Republic of Mauritius
- Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
- You – means a user of this Website
Use of the website – Online Store Terms
ACCESS
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
CAPACITY TO CONTRACT
You warrant that:
- You have the required legal capacity to enter into and be bound by a contract to make any purchase on www.orchideaflora.com under the laws of the Republic of Mauritius; and
- You are at least 18 (eighteen) years of age.
YOUR BEHAVIOUR WHEN USING THE WEBSITE
You may not use the Portal to obtain or distribute:
- Material which is defamatory, unlawful or contains hate speech; or
- Bulk e-mail, whether solicited or unsolicited
- You must not interfere with or jeopardise the functionality or the operation of any part of the website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.
- You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing, spamming or transmit any worms or viruses or any code of a destructive nature and/or any other malicious behaviour.
- You may not intercept any information transmitted to or from Orchidea Flora Ltd or this Portal which is not intended by Orchidea Flora Ltd to be received by you.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
PAYMENT DETAILS
Orchidea Flora Ltd does not store any payment details such as credit/debit card numbers & bank account numbers of the users used on its website.
All transactions and non-cash payments are processed via bank transfer and thus through secure servers of your Bank. Payment does not occur on the Orchidea Flora website, when you are ready to pay, you will be given Orchidea Flora’s Bank Account details, and you will make a bank transfer to Orchidea Flora’s bank account through either your bank’s proprietary mobile application or through your banks’ online banking gateway. Your bank’s gateway has the sole responsibility to secure and encrypt all your account details.
INDEMNITY
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents, contractors and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
OUR RIGHTS
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.
- Impose limits on certain features and services or restrict your access to any or all part of the website or website material without notice or liability.
THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
RECOMMENDATIONS
When you use our website, you’ll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site.
PRIVACY & SECURITY
We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server, and we will fully comply with all applicable privacy regulations and consumer legislation laws of Mauritius.
If you have a web account with us, you give your consent that we collect, use and disclose data such as your name, gender, date of birth, billing/delivery address, orders, receipts, email and telephone number. We may use this data to provide you with a better customer experience such as ease of communication or providing a tailored shopping experience.
By signing up to our newsletter, you give us your consent to use your personal data, preferences and details of your transactions to keep you informed by email, web, text, telephone about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on. This is only applicable in the Republic of Mauritius. Of course, you are free to opt out of hearing from us by sending us an email on [email protected]
Sometimes, we may need to share your details with trusted 3rd parties. For example, your details may need to be passed to a third party to deliver the product that you ordered or with banks for the purpose of processing your online payment. We only provide only the information they need to perform their specific services.
If you update any of your information, Orchidea Flora Ltd reserve the right to keep a copy of your original data provided as archive.
COOKIES
Cookies are tiny text files stored on your computer or mobile device when you visit certain web pages. At www.orchideaflora.com we may use cookies to keep track of what you have in your basket, and to remember you when you return to our site.
If you don’t wish to enable cookies on your computer or mobile device, that will mean that your experience of using our website site will be impaired – as some of the cookies help us to identify and resolve errors for example, or determine relevant related products to show you when you’re browsing. Most web browsers have cookies enabled.
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, and returns.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
ORDERS
All payment for products and services shall be made in Mauritian Rupee (MUR). You can use the following payment methods:
- Bank transfer through Internet Banking or MCB Juice Bank Transfer.
- Payment by Cash on collection.
- Half payment on deposit and the remaining amount on delivery/collection.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more about our Refund policy is incorporated into these Conditions.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
- We may send you an order acknowledgement email as soon as you place your order. On verification of the order, we will get back to you to confirm your order or notify you of the unavailability of certain products.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Cancellation of Order and Returns Policy.
- Once your order is placed, most products will be ready for collection or delivery will be arranged, once your bank transfer has been confirmed.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorization/confirmation for your payment
- The identification of a pricing or product description error
- Your not meeting the eligibility to order criteria set out in the main Terms & Conditions
- If you are placing an order for an item that by law, we are only permitted to sell to customers who are 18 years or older, then by clicking the order confirm button you are also confirming to us that you are 18 years or older. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly available third-party sources. We reserve the right not to supply an age-restricted product where we reasonably believe that you are below the relevant minimum age.
- Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you
The contract will be concluded in English.
The details of your specific contract will not be filed by www.orchideaflora.com .
If you do require any information regarding orders you have placed with www.orchideaflora.com, please write to us at [email protected] .
PRICES
Orchidea Flora Ltd is not VAT registered and hence all products sold on www.orchideaflora.com do not include VAT.
Our products are sold at the price advertised on the website at the time of your order. We reserve the right to change the prices at any time, prior to the confirmation of your order. All prices are listed in Mauritian rupees.
DELIVERY POLICY
You must properly fill in your delivery address and contact number at the time of order with us to ensure safe delivery of your product.
Express delivery usually takes up to 1-2 business days. The additional charge rate will depend on the delivery option chosen by the customer. Any missed deliveries due to no one being at home will not be refunded.
For any delivery that qualifies for free delivery will only apply to the first attempted delivery, any subsequent attempts will bear an additional charge. The additional charge rate will depend on the delivery option chosen by the customer.
Orchidea Flora Ltd only delivers within the territory limits of the Republic of Mauritius (excluding Rodrigues and other Outer Islands).
Orchidea Flora Ltd will inform you immediately if a product is out of stock. A full refund will be given should Orchidea Flora Ltd already be in possession of payment.
If you have been delivered the wrong item, you have up to 24hrs to get in touch with us on [email protected]
CANCELLATION OF ORDER
At Orchidea Flora Ltd , we ensure that your order is processed as fast as possible and as soon as we receive payment confirmation on our end, the order is swiftly processed for shipment. As a result, there is a very short window of time where we can stop your order before it is ready for shipping.
Once your order is placed and payment confirmation is received, it can no longer be changed. This means that as soon as you realise that changes/cancellation are needed to your order please contact us immediately.
RETURNS & REFUND POLICY
If within 7 days of the product being delivered or picked up, Orchidea Flora Ltd may consider returns for the following conditions:
- The product delivered does not meet your expectations.
- There is a mismatch between the product ordered and the one delivered.
If the above-mentioned conditions are met, you should contact us on [email protected] within 24hrs of delivery with subject line Returns with your name and order number.
You must return the returned product at our office in Highlands, Mauritius together with your Invoice/Transaction receipt.
Unfortunately, we are unable to refund your original shipping & packaging charges.
GENERAL TERMS
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary, to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, alter, modify, decompile, commercially exploit or create derivative works of such material and content whether electronically or otherwise.
You may not link to any page on this website or frame same or any of the pages on this website in any way whatsoever without prior written permission from Orchidea Flora Ltd. Recognising the global nature of the internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
You may not transfer any rights or obligations in these conditions to any other person or entity.
You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the website.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any damage of computer equipment or loss of content or material uploaded or transmitted through the Website.
We shall not be liable for the unavailability of the website in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Orchidea Flora Ltd is not responsible or any other cause, whether similar or dissimilar, outside Orchidea Flora Ltd’s control.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Orchidea Flora Ltd will not be responsible nor liable for any losses suffered by the Customer resulting from the rejection of transactions, the non-processing of bank card payment, delay in delivery of products or for any other reasons beyond Orchidea Flora’s control including but not limited to insufficient funds in the Customer’s account, network downtime, expired bank card.
SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
SURVIVAL
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Orchidea Flora Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.
APPLICABLE LAW
The Conditions shall be governed by and construed in accordance with the laws of the Republic of Mauritius and you irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Mauritius.
DISPUTE RESOLUTION
In the event of any claim, matter or dispute that arises between you and Orchidea Flora Ltd occurring with or in connection with your use of the website, this must be raised with our Customer Services department by email on [email protected] .
Both parties shall first strive to amicably resolve the claim, matter or dispute arising from the interpretation or performance of the conditions, failure of which, the claim, matter or dispute will be resolved in accordance with the Code of Civil Procedure of the Republic of Mauritius.
Orchidea Flora Ltd reserve the rights to deal with any legal claims arising in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these conditions. You agree that Orchidea Flora Ltd is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these conditions or your use of the website or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.
Not withstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Orchidea Flora Ltd, including but not limited to, for the collection of any outstanding debts due and payable by you to Orchidea Flora Ltd.
ELECTRONIC COMMUNICATIONS
You give your consent to receive communications from Orchidea Flora Ltd electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by Orchidea Flora Ltd for the purposes of the conditions.
MARKETING
By registering and accepting the conditions, you acknowledge and accept to receive promotional advertisement from Orchidea Flora Ltd from time to time.
CONTACT
For any queries regarding our service, please contact us on [email protected]