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1. Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

2. Interpretation

In these terms of sale, “we” means Heujay International Multiflora (Pvt) Ltd. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

3. Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

  • You must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout.
  • If you are a new customer, you have the option to create an account with us and log in; if you are an existing customer, you can enter your login details.
  • Once you are logged in, you must confirm your order and your consent to these terms of sale.
  • You will be transferred to the appropriate payment gateway based on your preference, and they will handle your payment;
  • We will then send you an initial confirmation.
  • If we are unable to meet your order, we will notify you via email and until that time you can consider your order as confirmed order. If you chose to not continue with the purchase any amount charged to your credit card will be refunded.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the contents of the shopping cart. You may correct those input errors before placing your order by editing the shopping cart and updating your changes.

4. Products and Substitution

From time to time, due to weather conditions as well as other external factors, we might experience unavailability in certain flower varieties. In such a situation, we reserve the right to substitute the unavailable flowers whilst maintaining the aesthetics of the presented product.

All products listed are to be exclusively sold online. However, you may visit any of our outlets and request for a similar product and we will try to meet your requirement based on availability.

5. Price and payment

Prices for products are quoted on our website. The website contains a number of products and it is always possible that some of the prices on the website may be incorrect. Even though it is rare occurrence, in the event that you have purchased a product with an incorrect price, we will notify you via email and await confirmation before proceeding with the order.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by following the instructions on the website.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

6. Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order on date specified by you.

We will use reasonable endeavours to deliver products on the specified date of your order. However, we cannot guarantee delivery at an exact time on the date specified by you. We will only deliver products to the cities specified in the Shipping and Delivery page on our website.

We will try to contat the recipient prior to making the delivery to ensure the recipient is available to collect the goods. If the recipient is unavailable on the specified delivery date, we will reschedule the delivery to a date when the recipient is available. However, change in the delivery address after the order has been submitted is not allowed.

7. Product warranties

Since our primary products are perishable, we do not offer any sort of warrant on those products. Additionally, we do not offer warranties for any other third party products purchased through our website.

 

8. Returns, refunds and replacements

Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in “Product Warranties” Section, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products. An inquiry will be held in a situation where a refund is required due to non-availability of replacement products. The decision of the management will be final and binding in the case of a refund.

9. Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete; and

(c) you or your intended recipient will be able to accept delivery of the products.

10. Your indemnity

You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

11. Force majeure

In this Section [11] and Section [12] below, “force majeure event” means:

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

12. Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:

(a) our liability in connection with any product purchased through our website is strictly limited to the purchase price of the relevant product and the replacement cost of the relevant product;

(b) we will not under any circumstances be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and

(c) we will not be liable for any losses arising out of a force majeure event.

13. Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if:

(a) you fail to pay, on time and in full, any amount due to us under any contract, or commit any material breach of your obligations to us under any contract;

(b) you cease to trade;

(c) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(d) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(e) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(f) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

14. Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [13]:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms of sale will cease to have effect, except that Sections [7 to 12 and 14] will survive termination and have effect indefinitely.

15. Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

16. General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [13]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

About us

Legal Name: Heujay International Multiflora (Pvt) Ltd.

Registered Office Address:

Huejay Court, No. 32B,

Sir Mohamed Macan Marker Mw,

Colombo 03, Sri Lanka.

Company Registration: PV 18696

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