1. Definitions

 

1. In these Terms, the following definitions shall apply:

 

• Account: An user account on our Website
   

• Eaunal: Eaunal FZ-LLC, (also ‘’Eaunal’’, ‘’we’’, ‘’us’’ or ‘’our’’
   

• Consumer:  An Customer acting for purposes outside trade, business, craft or profession, whose purchase therefore qualifies as a consumer purchase
   

• Customer: A person purchasing Products (also ‘you’’ or ‘’your’’
   

• Content: Has the meaning referred to in clause 11.1.
   

• Products: The products offered for sale by Eaunal, whether through our Website, the Eaunal Social Media Platforms or elsewhere
   

• Social Media Platforms: All social media platforms that are utilised by Eaunal. Read more under clause 3.
   

• Terms: The Terms and Conditions of Eaunal (also, ‘’Terms of Use’’)
   

• Visitor: A user of our Website even if that user is not purchasing anything and just browsing through our ‘’Website’’ or ‘’Eaunal Social Media Platforms’’
   

• Website: The Website of Eaunal at www.eaunal.com

 

2. General

 

2.1               

Your access to and use of the Eaunal website (“Website”) and your access and use to and of our ‘’Eaunal Social Media Platforms’’ is subject to the following Terms and Conditions,  as well as the applicable laws and regulations in the United Arab Emirates. By accessing our ‘’Website’’, and our ‘’Eaunal Social Media Platforms’’ you agree to these Terms and Conditions, whether you are a registered user or not. Your access, browsing and use of our ‘’Website’’ and our ‘’Eaunal Social Media Platforms’’ means you have unconditionally accepted, without limitation or qualification our Terms and Conditions of Use.   

 

2.2                    

Eaunal reserves the right, at its sole discretion, to add, amend, or remove portions of these Terms of Use, at any time, for any reason, and may do so by posting notice of such modifications on this Terms and Conditions page. The policies provided on our ‘’Website’’ may be changed from time to time and are immediately effective upon posting such changes on the ‘’Website’’.

 

It is your sole responsibility to read and review our latest version of our Terms and Conditions on each occasion you access our ‘’Website’’ or our ‘’Eaunal Social Media Platforms’’.

 

By the use of or accessing our ‘’Website’’ or/and ‘’Eaunal Social Media Platforms’’ , you agree to be bound by the current clauses under this section and by any amendments of our Terms and Conditions. Your continued use of the our ‘’Website’’ and our ‘’Eaunal Social Media Platforms’’ following the posting of any amendments signifies your acceptance of such amendments.

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3. Eaunal Social Media Platforms
 

3.1
With the information provided above, you understand and acknowledge that by visiting, accessing, using or posting on the ‘’Eaunal Social Media Platforms’’ these Terms and Conditions also apply and you are aware that third party policies which are implied by the owners of the individual social media platform corporations also imply.
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3.2 Eaunal makes use of the following social media sites:
 

Facebook:
 https://www.facebook.com/profile.php?id=61556054010791
 

Instagram:
https://www.instagram.com/eaunal_artificialflowers/?igsh=OXE1dnVkMWIzNWc2&utm_source=qr
 

X:
https://twitter.com/Eaunal_flowers

 

3.3

By posting on, or using a ‘’Eaunal Social Media Platform’’ you agree to be solely responsible for 
 the content of all information you contribute, link to or otherwise upload. 

 

3.4

By posting on, or using a ‘’Eaunal Social Media Platform’’ you agree to be respectful to the Eaunal corporation, its directors, management, employees and community members and the content shared by Eaunal.

 

3.5

You agree not to post false, misleading or deceptive comments.

 

3.6

You agree and acknowledge that that photos or comments that include or depict abusive language, profanity, pornography, threats, hate speech, incite violence, personal attacks, illegal statements or unsafe practices  are not accepted and will be report to the social media platform operators, and in case necessary to the police and local authorities to protect our corporation customers, clients, employees, suppliers, partners, suppliers or other community members. 

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3.7
You agree that Eaunal will share all profound data with regard to such behavior with the authorities aiming extensive investigation to hold you responsible for such actions.

 

4.    Eaunal Website Account Registration

 

4.1                    

Your Account will be effective upon successful completion of the registration process. When registering for an Account you must provide accurate and true information. In the event of any change in the information you provided after your registration, you agree to inform us to ensure that you will receive our messages and that we will not in error contact third parties. 

 

4.2                    

You are solely responsible for any and all use of your Account which is attributable to you or to a failure to protect your password on your part. You agree to notify us immediately if you suspect any unauthorised use of your Account or access to your password. 

 

4.3                    

You may terminate your Account at any time at your sole discretion, without giving reasons, through your account page or by sending an e-mail to info@eaunal.com or contacting us through the contact form on our ‘’Website’’.

 

4.4                    

Eaunal shall be entitled, at its sole discretion, to cancel your Account, to block your Account, and to deny, restrict or suspend your access to our ‘’Website’’ and or to our ‘’Eaunal Social Media Platforms’’ in case you violate our Terms and Conditions. See article 16.3 and 16.5 For more information.

 

4.5                   

 We may contact you through electronic communication channels (including e-mail, phone and text messages). You agree that use of certain communication channels may result in charges 
 imposed on you by your network provider and that you will be responsible for such charges.

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5. Products and availability
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5.1

The products shared on our ‘’Website’’ and ‘’Eaunal Social Media Platforms’’ are made from high quality materials, unless indicated otherwise. 

 

5.2
The Products available on our ‘’Website’’ and ‘’Eaunal Social Media Platforms’’ are a selection of items that we have available. You may send us an inquiry to request which other items we have available for sale by contacting us through info@eaunal.com or by contacting us through the contact form on our ‘’Website’’.

 

5.3

Pictures of the Products displayed on our ‘’Website’’ and ‘’Eaunal Social Media Platforms’’ may 
not correspond to their actual appearance. You shall therefore also take note of the description of the Products and their characteristics as mentioned on the ‘’Website’’. In case of any questions about the displayed products you will request more details through info@eaunal.com or by contacting us through the contact form on the ‘’Website’’.

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5.4

 We reserve the right to limit at any time quantities and type of Products available on our ‘’Website’’. Updates of such kind may be implemented without notice. ​

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6. Prices

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6.1

The prices of the Products on our ‘’Website’’ or communicated through our ‘’Eaunal Social Media Platforms’’ are reflected in the national currency of the UAE (UAE dirhams) and are non-inclusive of all applicable taxes and charges. Prices may, at the Customer’s request, be displayed in different currencies, but will be charged in UAE dirhams or in the other currency’s equivalent at the daily exchange rate. Delivery costs may be added to the price of the Products and will be  indicated separately on the order form.

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6.2

Eaunal regularly verifies that prices of the Products displayed on the ‘’Website’’ and communicated through our ‘’Eaunal Social Media Platforms’’ or other platforms are correct, but we cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, we may refuse the order and may offer you the opportunity to purchase the Product at the correct price.
 

7. Orders and acceptance
 

7.1                   

By placing an order through our ‘’Website’’ or ‘’Eaunal Social Media Platforms’’, you agree to abide that you are of sufficient legal age to participate in a consumer contract.

 

7.2                    

An Order constitutes a proposal to purchase the selected Products and is only deemed to be accepted if Eaunal has notified the Customer that it accepts the Order and shall start the execution thereof or, if no such notification has been sent, has started to execute the Order.

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7.3

An Order is final for the Customer as soon as it has been sent to Eaunal, from which moment the Customer can no longer cancel or amend the Order without the prior written consent of Eaunal, to be requested via: info@eaunal.com.

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7.4

 Eaunal may choose to refuse, or to withdraw the acceptance of, an Order or part thereof, in which case the consideration due by the Customer will be amended accordingly, for example in case of the following events:

 

a)  the Order or part thereof cannot be processed due to unavailability of the Products materials used for        the Products;

 b) reported, or suspected, fraudulent or illegal activities; or

 c) the Customer has failed to comply with obligations from a prior contract with Eaunal

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 7.5

We will send the acceptance or refusal of an Order via the e-mail address and or the phone number you have provided to us in the Order or in your Account.

                

7.6

Eaunal may make changes to any products or services offered on our ‘’Website’’ and its ‘’Eaunal Social Media Platforms’’, or to the applicable prices for any of such products of services, at any time, without notice. The content on the ‘’Website’’ with regard to the products and services may be out of date or out of stock, and Eaunal makes no commitment to update the content provided on the ‘’Website’’ with regard to such products and services.

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8. Payment
 

8.1

On our ‘’Website’’ you will be guided to follow the steps that lead to the placement of a successful order. Unless otherwise agreed, the Customer shall pay the Order in advance through one of the payment options offered by Eaunal. We accept online payments using all major credit and debit cards. We also accept payments by bank transfer. Should you need any assistance with the payment process do not hesitate to reach out to our customer service, by sending an e-mail to: info@eaunal.com.
 

8.2

Without Eaunal’s prior written consent, Customers are not entitled to apply setoff, compensation, or any kind of discount to the payment or to suspend payment. Consumers may suspend payment to the extent that suspension is permitted under applicable law.

 

8.3

Until the Customer has paid the products in full, Eaunal remains the exclusive owner of the ordered Products, even if the Products have been mixed, processed, or transferred.
 

9. Shipment and Returns

 

9.1

Eaunal shall procure the shipment of the Products on behalf of the Customer from warehouse in Abu Dhabi (UAE), if so requested by the Customer, the insurance of the Products during transport. These costs will be charged to the Customer, unless indicated otherwise. The risk shall pass to the Consumer at delivery to the Consumer or a third party appointed by the Consumer. If the Customer is not a Consumer, the risk shall pass at handover to the carrier.

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9.2

Due to the nature of the Products, delivery times are indicative. Eaunal strives to regularly inform the Customer on the expected delivery date. Generally delivery takes place within 2-3 working days for all orders across the United Arab Emirates, with the exception of the Abu Dhabi Emirate.

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9.3

We guarantee same day delivery in Abu Dhabi for all orders placed before 3:00pm.

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9.4

Unless indicated otherwise, Consumers have, 4 hours from the Order time to cancel or change the order. Therefore, we kindly request you to contact us as soon as possible, within the first 4 hours after placing the Order. Within this timeframe you can change your order without any additional costs. In the event that the Order has been dispatched at the moment of withdrawal, the Consumer shall bear the costs of the return shipment.

 

9.5

Eaunal does not gives cash refunds in case of cancellations or amendments of Orders. If you cancel your order within the time frame mentioned, we are happy to provide you a credit note valid for 6 months from the moment the written notice for a credit note has been shared.

 

9.6

In the event that the Product is made on the basis of specifications provided by the Customer, such as when the Product is made-to-measure, Custom Made or when custom accessories are added to a Product, the right referred to in clause 4 shall not apply as such arrangements cannot be changed or cancelled.

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10. Complaints

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10.1

Complaints regarding a Product must be submitted in writing to the e-mail address info@eaunal.com within eight days of receipt by the Customer or, in case of hidden defects, within eight days of the Customer becoming aware of the defects. Complaints submitted outside the terms referred to are not admissible. If you are a Consumers, you must file any complaint within two months after having become aware of the defect.

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10.2

After receiving a complaint, we shall assess it as soon as possible. You agree to co-operate fully in this matter, for instance, by sending the Product to us at our request and by granting us or a third party agent access to your premises. Unless you are a Consumer, return shipments are carriage paid at your risk and are only permissible with our prior written consent.

11. Copyrights and Intellectual Property Rights

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11.1

You acknowledge and agree that all materials related to this ‘’Website’’ and our ‘’Eaunal Social Media Platforms’’, including all texts, graphics, user interfaces, visual interfaces, artworks Website and software code and design, information, images, audio, video and trade dress as well as all rights associated with the ‘’Website’’, our ‘’ Eaunal Social Media Platforms’’  and these materials, including trademarks, logos, domain names, designs, patents and copyright, (collectively, ‘’Content’’), including but limited to the design, ‘’look and feel’’ and arrangement of such Content, contained on our ‘’Website’’ and the ‘’Eaunal Social Media Platforms’’  is owned, controlled or licensed by or to Eaunal or its licensors and is/are protected by the United Arab Emirates and Foreign copyright and trademark laws, international conventions and unfair competition laws. 

 

11.2

You acknowledge and respect that all trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the ‘’Website’’, whether registered or not, are trademarks or service marks of Eaunal or its licensors. 

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11.3

No part and no Content of the ‘’Website’’ or on the ‘’Eaunal Social Media Platforms’’ may be copied, reproduced, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, without Eaunal’s prior written consent.

 

11.4

By use of this ‘’Website’’ and our ‘’Eaunal Social Media Platforms’’ you agree to abide by all copyright and intellectual property notices posted on this ‘’Website’’ under Terms and Conditions.

 

11.5

You acknowledge and agree that by submitting proposals, ideas, photographs or any other content (“Material”) to us through our ‘’Website’’ or by any other means, you grant us a  royalty free, non-exclusive, perpetual and worldwide right to reproduce, publish, distribute and make available, in whole or in part, the Material for commercial purposes. You declare and warrant that these Materials does not violate any rights of third parties arising from the law or contract, including intellectual property rights and confidentiality obligations. 
 

12. Additional Eaunal Website Terms
 

12.1

Our ‘’Website’’ may contain links to other websites. Eaunal has no control over such websites and cannot assume any liability in respect of such websites or their content. 
 

12.2
Links to other websites and references to information, products or services of third parties do not constitute, and should not be interpreted as, an endorsement by Eaunal of such websites, information, products or services.

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12.3
Please note that other websites and pages linked to our ‘’Website’’ and Eaunal Services may be subject to separate Terms and Conditions. Please visit the respective websites to view their Terms of Conditions.

 

12.4
You are not permitted to frame this ‘’Website’’ on any other website or to deeplink to any part or section of our ‘’Website’’ without prior written consent of Eaunal.
 

13.  Privacy
 

13.1 

Eaunal’s Privacy Policy applies to the use of this ‘’Website’’ and its terms are made a part of  these Terms  of Use by this reference. Eaunal strives to secure its ‘’Website’’ as much as possible. However, by using the ‘’Website’’, you acknowledge and agree that no internet session is completely private or secure and you understand that any content or information you insert on the ‘’Website’’ may be read or intercepted by others even if there is a notice that a particular transmission (for example credit card information) is encrypted. You therefore acknowledge to stay utterly conscious and aware when sharing such data. 
 

13.2 
You acknowledge and agree to your sole responsibility as the user of this ‘’Website’’, and you will not hold Eaunal responsible for any unfortunate incidents with regards - to the above under 13.1 described - matters beyond our measurable proven control.

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14.  Exclusion of warranties
 

14.1

To the maximum extent permitted by law, our ‘’Website’’, its contents, features, functions and services are provided free of charge on an "as is" and "as available" basis, without any warranties of any kind.

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14.2

You expressly understand and agree that your use of the ‘’Website’’ and ‘’Eaunal Social Media Platforms’’, or any content available through our ‘’Website’’ and ‘’Eaunal Social Media Platforms’’, is at your own risk.

 

14.3

Neither Eaunal, nor its employees guarantee that the Eaunal Website or any content, service or feature of the ‘’Website’’ will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of our ‘’Website’’ or that any defects will be corrected. 

 

14.4

Eaunal cannot ensure that any files or data that you download from the ‘’Website’’ will be free of viruses or contamination or destructive features. Eaunal will not be responsible for any unfortunate incidents with regards - to the above under 14.3 described - matters beyond our measurable proven control.

 

14.5

Eaunal preserves the right to change all information and content on its ‘’Website’’ or any portion of the ‘’Website’’, and any applicable terms or policies without notice.

 

14.6

You expressly understand and agree that your use of the ‘’Website’’, and/or any content and features available through the ‘’Website’’, or related to our ‘’Website’, is/are at your own risk.

 

14.7

Eaunal reserves the right to modify, suspend, deny, restrict, or discontinue operation of or access to access to the ‘’Website’’ or any particular feature(s) that are part of the ‘’Website’’ at any time, without notice, without enduring any responsibility or attributing reasons whatsoever.

 

14.8

Eaunal reserves the right to interrupt the operation of the ‘’Website’’, or any portion of the ‘’Website’’, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

15.  Limitation of Liability and Indemnification

 

15.1                 

Except where prohibited by UAE law, in no event Eaunal or its employees bear or hold and responsibility and liability from and against any accidental, indirect, consequential, exemplary, incidental, special or punitive damages, arising from your use or inability to use the Eaunal Website or its social platforms, including without limitations, costs, expenses, loss of revenue or anticipated profits, loss of goodwill, loss of reputation, loss of data, computer failure or malfunction, or any other damages, even if Eaunal has been advised of the possibility of such damages.

 

15.2                  

The limitations of liability referred to in these Terms shall not apply in case the damage is a direct result of wilful intent or serious negligence on our part. 

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15.3                  

You agree to indemnify, defend and hold Eaunal, its officers, directors, shareholders, successors in interest, all of its employees and agents harmless from and against any demands, loss, liability, claims, expenses, (including attorneys fees and costs), incurred in connection with any claim against Eaunal by any third party due to or arising out of any breach by you of these Terms and Conditions. 

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15.4                 

You shall cooperate fully in the defence of any such claim in accordance with the rules and regulations of the UAE laws. The latter reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Eaunal.

 

16.  Violation of These Terms of Use

 

16.1

Eaunal may disclose any information we have about you (including your identity or IP address) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the ‘’Website’’ or our ‘’Eaunal Social Media Platforms’’, to identify, contact or bring legal action against someone who may be causing injury to or interference with our Eaunal rights, property, operations, the rights or property of users, visitors and customers of our ‘’Website’’ and ‘’Eaunal Social Media Platforms’’ (either intentionally or unintentionally).

 

16.2                  

You acknowledge and agree that Eaunal may preserve any transmittal or communicated information by you through our ‘’Website’’ and our ‘’Eaunal Social Media Platforms’’ or any service offered through the ‘’Website’’ and the ‘’Eaunal Social Media Platforms’’. You acknowledge and agree that Eaunal may provide such data if required to do so by law or if Eaunal determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any of such data violates the rights of others, or protects the rights, property or safety of Eaunal, its directors, shareholders, employees, users or visitors to the Website and the general public.

 

16.3                  

You agree that Eaunal, in its sole discretion and without any prior notice, may terminate your  access to the ‘’Website’’ and to our ‘’Eaunal Social Media Platforms’’ and or block your future  access to the ‘’Website’’ and the ‘’Eaunal Social Media Platforms’’ if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the ‘’Website’’ or our ‘’Eaunal Social Media Platforms’’. 

 

16.4                 

You agree that violation by you of these Terms of Use will constitute an unlawful and unfair practice and will cause irreparable harm to Eaunal, for which monetary damages would be inadequate and you consent to Eaunal obtaining any injunctive or equitable relief that Eaunal deems appropriate or necessary in such circumstances. These remedies are in addition to any other remedies Eaunal may obtain by law.

 

16.5             

You acknowledge that Eaunal, in its sole discretion and without prior notice, can terminate your access to the ‘’Website’’ for cause, which includes but is not limited to; requests by law enforcement or other government agencies, a request made by yourself (self-initiated account deletions), discontinuance or (product) material  modification of the ‘’Website’’ or any service offered on or through the ‘’Website’’ and or our ‘’Eaunal Social Media Platforms’’, or unexpected technical issues or problems.

 

16.6 

You acknowledge, that violating these Terms of Use shall expose the person involved to civil and criminal liability. Cases of such violations shall be investigated, and the person/user involved shall be legally prosecuted. Any violation thereof shall result in the user bearing all consequences, direct and indirect which means you will agree and pay, all reasonable attorney fees and costs of such action, in addition to any other compensation granted to Eaunal. You understand and agree that Eaunal will not be liable to you or any third party for termination of your access to the ‘’Website’’ or to the ‘’Eaunal Social Media Platforms’’ as a result of any violation of these Terms of Use.
 

17. Governing law, competent court
 

17.1

These Terms and any further contractual relationships arising out of or in relation to these Terms shall be governed by and will be interpreted in accordance with UAE law, except when otherwise provided under applicable mandatory local legislation of your place of residence.  
 

17.2

You agree that all disputes arising out of or relating to these Terms or any further contractual relationships arising out of, or in relation to these Terms including disputes shall be governed to the exclusive jurisdiction of the competent court of Abu Dhabi (UAE) and you waive any objection to such jurisdiction or venue.

 

18.  Questions
 

18.1 

Any questions with regard to our Terms of Use can be submitted by contacting us through info@eaunal.com.