Terms & Conditions

Terms of Service

Welcome to www.foliages.ae. We strive to ensure our customers and users ("you") receive an effortless browsing and shopping experience and we hope that you enjoy all our Website has to offer.

www.foliages.ae ("Website") is owned and operated by Foliages Artificial Plants and Flowers Trading LLC, trading as both Foliages Artificial Plants and Flowers Trading LLC and TreeLocate Foliages ("Foliages Artificial Plants and Flowers Trading LLC”). Foliages Artificial Plants and Flowers Trading LLC is a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 697727 and its registered office at P.O. Box 73846, Dubai, United Arab Emirates.

Please read these terms of service (the "Terms of Service"), and any other terms applicable to the use of the Website, including the privacy & cookie policy (the "Privacy Policy"), as together they form the terms governing the relationship between us and you (collectively, the "Terms"). We may need to change or update our Terms from time to time as we strive to improve our services. It is your responsibility to read the Terms prior to using the Website or our services. If you do not consent to these Terms, you must cease access and use of the Website. Your continued use of the Website constitutes your acceptance of the Terms.

When you place an order for products or services through our Website (an "Order"), you are deemed to have consented to the latest version of the Terms then posted on our Website. If a change in law takes effect which requires us to change our Terms after you have placed an Order but before it has been accepted by us, you acknowledge that the change will apply to your Order. In all other cases, the version of the Terms posted on the Website at the time your Order was placed will apply.

Eligibility

We aim to make the Website and the services we offer available to all our customers. However, to use the Website, you must be at least 18 years of age, and able to lawfully: (i) make payment through one of our accepted payment methods; (ii) agree to these Terms; and (iii) enter into binding contracts with us.

Placing Orders

When you place an Order with us, you commit to buy the items described in that Order, at the price displayed for each product on the Website, in addition to any service charges such as delivery fees, taxes and duties where applicable, at the time of placing the Order. We will send you an email acknowledging the receipt of your Order. However, Orders are subject to our acceptance, which will be communicated to you when you receive a notification from us confirming your Order has been processed by us and/or your item(s) have been dispatched for delivery. No party other than us has the authority to confirm acceptance of the Order. We may reject Orders at our sole discretion including for reasons such as errors in prices of products, other technical errors affecting the Website or the ordering process, ineligibility, inability to process payment, suspected fraud, shipping restrictions or stock unavailability.

Stock Availability

Items in your Website basket are not reserved until your Order is paid for in full and accepted by us. The Website may contain or provide information regarding the availability of a particular item. The information provided on the Website is only an estimate and may not be up to date at the time of placing an Order due to the frequency of the transactions that are carried out on our Website. Unfortunately, we cannot always guarantee that an item which is displayed as in-stock on the Website at the time you placed it in your basket will be available at the time you place the Order. Should this happen, we will notify you and arrange for a full refund to your original payment method.

Cancellation and Changes

You may, at any time prior to your Order being marked as "Processed" on our online Order tracking system, contact us or use the Website to cancel or change the Order. If you do so, we will at your request either: (i) cancel the Order free of charge and issue you with a full refund, or (ii) we may agree to make certain changes to the Order, subject to stock availability and any applicable price adjustments. If the Order has already been processed by us, you will be unable to cancel the Order or make changes to the Order. You can return the items in accordance with our returns process after you receive the Order for a refund, and alternatively place a new Order with the items you wish to purchase.

Prices

The prices of items displayed on the Website are provided in United Arab Emirates Dirhams (AED). The prices of item displayed on the Website do not include any fee chargeable for services you may select as checkout (such as installation), delivery costs, or duties to which the Order may be subject to. Any such additional costs will be calculated and added to the Order price at checkout. The delivery address you provide, the items and services you select with your Order, and the method of delivery you choose will dictate what delivery charges and duties may apply (if any). Please refer to our Shipping and Delivery section for further details on delivery options.

Although we make every effort to ensure the prices or charges communicated to you in connection with your Order are accurate, errors may occur and we reserve the right to correct such errors provided it does not affect your rights as a customer. If we believe there was an error in the price calculation of your Order, we will aim to remedy that error in the following ways:

If your Order was inadvertently processed by us, we may at our discretion:

cancel the Order (or part thereof), arrange for the collection of the mis-priced item(s) from your original Order delivery address, and issue you a full refund including original Order delivery fees and duties (if applicable);
where the price you paid is lower than the actual price of the item, honour the Order; or
where the price you paid in the Order for a particular item is higher than the price of the item, we will refund you the difference in the price of the item;

If your Order has not been processed, we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy the item at the correct price or otherwise cancel the Order (or part thereof) and receive a refund instead.

Promotional Codes and Discount Schemes

We may offer promotional codes to our customers which can be applied at checkout when placing an Order through our Website. Promotional codes are subject to the terms applicable to each promotional code, which will be communicated to you. the offers and discounts offered by each promotional code may vary, so please ensure you read all terms and conditions of use applicable to the promotional code. Promotional codes are valid for a limited period, are not redeemable for cash, cannot be used in conjunction with any other offer, sale, discount or promotion (unless specifically stated) and may not be applied to certain products. If the item is not eligible for the offer, the discount will not be reflected at checkout even if you insert the promotional code. Promotional codes are personal to you and should not be transferred to anyone else, unless you are authorised by us to do so.

Payment

When you place an Order using a payment card that only processes payments in a currency other than the currency that applies to your Order at checkout, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is processed. Your bank or card issuer may also charge other fees for processing the payment.

We currently accept the following payment methods for Orders placed on our Website: Visa cards; Mastercards; American Express cards; PayPal; Apple Pay and, where available, cash on delivery. All payments will be processed at the time you place your Order, except for cash on delivery (where available).

By entering your payment details onto our Website, you warrant and represent that you are duly authorized to use that payment method for the purchase of the Order. We reserve the right to decline Orders without any liability to you where we reasonably believe the payment method used was not authorized for such use, where we are unable to validate or verify the payment method, or if we suspect some other illegal or irregular activity associated with the payment.

Payments in Instalments

We also accept Buy Now, Pay Later payment options (a payment in instalments option) provided you are using one of our approved third party payment processors ("Delayed Payment Provider"). In order to qualify for this payment option, the Order must be within the minimum and maximum Order value set out in the table below and subject to you meeting the Delayed Payment Provider's eligibility criteria. If you avail this option, you will be entering into a contract with the Delayed Payment Provider. You may be requested by the Delayed Payment Provider to provide personal documents and be subjected to credit checks to verify your identity.

This service is not provided by us. We are not licensed or authorised to provide such services, and we do not assume any liability for a customer's choice to use the Delayed Payment Provider's services. If you have any questions or doubts, you must contact the Delayed Payment Provider directly.

Delayed Payment Provider: Tabby

Minimum Order Value (AED): 10

Maximum Order Value (AED): 14,000

PayPal Payments

PayPal does not currently support payments in AED. You may still use PayPal as a payment option on our Website when you checkout, however all transactions processed by PayPal will be charged in USD. If you wish to pay for your Order via PayPal, an additional charge may apply on the currency conversion. Orders completed through PayPal will be redirected to a PayPal page.

We currently accept these payment options for our customer's convenience. However, we may withdraw or choose not to accept some of these payment options on our Website at any time, provided that Orders already placed and paid for prior to withdrawing the payment option will be honoured if payment was processed and accepted.

For certain payment methods we may request additional personal documents to verify your identity, such as a passport copy or a valid identification card issued by a government authority with photo, in case we suspect any unusual activity on your account. We reserve the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the Website (or any portion thereof) if we suspect any fraudulent or suspicious activity. We are not responsible or liable to inform you of any changes we may implement to the payment options. It is the customer's responsibility to get in touch with us in order to get the payment options reactivated.

If you return or cancel an item from an Order where you have opted to pay the purchase price in instalments, you must contact your bank to cancel the instalment plan or suspend any processing fees that may apply. If you have paid using a Delayed Payment Provider, your refund will be processed in accordance with the Delayed Payment Provider's terms of service.

Shipping and Delivery

Orders placed outside of working hours (9am-8pm) and/or during any public holidays will be deemed placed on the first working day following the Order's submission. Delivery timelines are estimates and delay may inevitably occur. Time shall not be considered of the essence. Order delivery may face delays during promotion periods, sale season and public holidays. We are not responsible for failures to deliver for reasons outside our reasonable control, including where you are not available to take delivery of your Order or you request a postponement of the delivery. It is your duty to ensure you are available to receive the Order delivery. Our couriers may make up to 4 phone calls to book the delivery time slot with you and will make up to 3 attempts to deliver to you before your Order will be cancelled. Please note that Orders payable by cash on delivery attract a 25 AED delivery fee payable on delivery.

Additional Conditions for Delivery of Bulky Items

If you have ordered bulky items, when your Order is ready for delivery, we will contact you to confirm a delivery date. Once agreed, you will be responsible for accepting delivery and arranging appropriate means of access and installation on that date. It is your responsibility to ensure that our delivery team has access to the delivery address and that sufficient space is available to move the items, hallways are measured and doors and lifts can grant full access.

Delivery of bulky items on the first floor or above floors requires service elevator access arranged by you and it is your responsibility to notify us of any potential problems with access to the premises, building, service elevators, etc. and to make any related delivery arrangements. If delivery is not accepted on the agreed delivery date, goods shall be kept in storage free of charge for a period of up to 30 days. If you fail to agree a revised delivery date within 30 days of the initial delivery date, we retain the right to cancel your Order and issue you a refund instead. If on the delivery date our delivery team is unable to obtain access to the delivery address, a reasonable second attempt at delivery charge may be applied. We will inform you in advance of this charge.

In the absence of negligence, we will not be liable for loss or damage to the goods or your property, including where caused by: (i) following your specific instructions; (ii) limited or no access to your nominated premises; and/or (iii) goods not fitting into your property.

Returns and Exchanges

To be accepted by us and qualify for a refund, all items in the Order must be returned to us:

unaltered, unused and in their original condition;
in their original packaging/box/dust-cover and with all brand and product labels/tags/instructions still attached;
accompanied by the original Order confirmation.

Returns must be requested within 7 days of receiving your order.

Items must be returned to our showroom in Dubai Investment Park 2 for a full refund. Alternatively, we can arrange to collect items for a fee of 25 AED upon request. For international returns, you must handle the return shipping arrangements.

We will aim to process your return within 7-10 business days from us receiving the item(s) back, and if accepted, the refund will be issued to your original form of payment, unless stated otherwise in these Terms of Service.

Items can be exchanged at our showroom in Dubai Investment Park 2. The following conditions apply:

The exchange order is only created after the return is approved.
You can only exchange an item one time.
Orders paid with Paypal, Buy Now Pay Later options will not be eligible for an exchange request.
Exchanges are only for eligible items with the same price, located in the same warehouse, and must be returnable.
Orders placed using coupon codes will not be eligible for exchange.
Note: this feature is only available for UAE customers who are eligible for exchanges as per above conditions.

Damaged Goods and Wrong Items

If an item in your Order is received damaged or is not the item you ordered, you can arrange to return the item to us by following our returns process. The item must be returned to us in the same condition you received it in, within 7 days of delivery of the Order to you. Subject to being satisfied that the item was in fact damaged, we will issue you a full refund including, where applicable, original Order delivery charges, cash handling fees, taxes and any duties. We may replace the faulty item at your request and deliver to you a new item free of any delivery charge.

Refund Process

All items returned to us will be inspected. If we are satisfied with the condition of the item returned, we will process the return and notify you once a refund has been issued with the value of the refund.

Your refund will be paid back to you depending on your original payment method:

Credit or Debit Card payments are refunded back to the original payment card used to make the purchase;
For cash on delivery payments, the refund must be collected from our showroom in Dubai Investment Park 2;
Payments processed through PayPal will be refunded to your original PayPal account;
If you paid using a Delayed Payment Provider, your refund will be processed in accordance with the Delayer Payment Provider's terms.

Please note that we cannot refund items if the return is initiated after 7 days of receiving your Order. For credit card refunds, it may take up to 14 days for your credit card provider or bank to process the refund and for the refund to be reflected on your card statement.

Liability

Save for death or personal injury arising out of our negligence or any liability which cannot be excluded by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose. Nothing in these Terms is intended to impact any rights you or we may have under applicable law.

Language

These Terms of Service are published in English.

Illegality

If any provision of these Terms of Service is held to be illegal or unenforceable, the remaining Terms of Service (or parts thereof) will not be affected and will remain in full force and effect.

Descriptions

At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible. However, we may be restricted by the descriptions of the products provided by the brands. Colours, sizes of the products, resolution of the images may vary. All measurements and weights provided are approximate.

Title to Goods

Title to the items in your Order will pass to you when you pay us in full for those items. Risk in the items in your Order passes to you on delivery.

Website Terms of Use

Registration and Account Handling

To take advantage of the features and services of this Website, you can either use the Website as a "guest" or create an account and register your details with us. If you are an Apple or Facebook member, you may also login using your Apple or Facebook account login details. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by contacting us at sales@foliages.ae or updating them in your profile on the Website.

You must keep your account details and password information confidential and secure. It is your responsibility to protect the privacy and safety of your account, for restricting access to your computer, and you agree to accept responsibility for all activities that are carried out through your account or password. Our customer service agents will never ask you for your password. We are not responsible for any loss suffered through misuse or negligent handling of those details.

You should notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order through our Website, you warrant that you meet the eligibility criteria and that the information you provide us is yours and is accurate in all respects. We reserve the right to suspend or delete your account if we reasonably believe that you have violated any of these Terms.

Privacy

Please refer to our Privacy Policy here for details on how we protect your privacy and handle your data.

Electronic Communication

When you create an account on our Website or subscribe to our services, you consent to receiving e-mails, text messages, mobile push notifications, and other forms of electronic communications from us in order for us to supply those services to you. We may sometimes send you offers or marketing communications if you have opted-in to receive promotional content. If you wish to no longer receive marketing communications, you can email us at sales@foliages.ae.

Third Party Sites

Our Website may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Website or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Content

In addition to the Intellectual Property Rights mentioned below, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text available on this Website. We have made every effort to ensure that the information on the Website is accurate and complete but we cannot promise that the Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed. We reserve the right to refuse service, terminate accounts, remove or edit content, withdraw any products or items from our Website, or make any other changes to our Website at our own discretion. We may implement updates to the Website at any time and without notice to you.

User Generated Content

By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication, translation, editing, copying and distributing the information in any form or media. We shall be under no obligation (i) to maintain any information in confidence; (ii) to pay compensation for any information; or (iii) to respond to any comments or information. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us at sales@foliages.ae.

You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, or improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Intellectual Property Rights

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content, including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. No right, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with our Website, whether in whole or in part.

Indemnity

You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or any acts or omission in breach of any provision of these Terms.

No Waiver

Any failure to exercise or any delay by either party in exercising its rights or remedies under these Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

Entire Agreement

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.

Disputes and Governing Law

These Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.