By placing an order on this Website, you are agreeing to the following terms and conditions:
The following are the terms of use that govern use of this Website (“Terms of Use”). By using this Website you expressly agree to be bound by these Terms of Use and The Burrow privacy policy and to follow these Terms of Use and all applicable laws and regulations governing the use of this Website. The Burrow reserves the right to change these Terms of Use at any time, effective immediately upon posting on this Website. Please check this page periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, The Burrow may terminate your use of this Website, bar you from future use of this Website, and/or take appropriate legal action against you.
Customers using this Website who are minors / under the age of 18 shall not register as a user of the Website and shall not transact on or use the Website.
PLACING AN ORDER
When you make a purchase through The Burrow Website, you are offering to buy product(s) for the price stated, subject to these terms. All orders are subject to acceptance and availability. This Website contains an instructive guide that will walk you through the process of placing an order. Please place your order for any selected items by clicking on the [Confirm Order] button at the end of the on-line order process. Once you have placed your order, you will receive an email acknowledging the exact details of your order, providing you with a payment reference code and the value of your order that will be debited from your method of payment. All products as depicted on this website are available for local delivery only. Certain flower and plant products may be delivered in bud to ensure longer life. All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and quality without notice. In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment, in full, no later than 30 days after the intended delivery date. We will make every effort to maintain a consistent “look and feel” of the arrangement by taking into account the overall shape, size, style, and color combinations. In single-variety arrangements the variety will take precedence over color. For example, if an order is for red roses, they will substitute another color of roses, not another red flower. White roses and cream roses may be substituted for each other as well as peach roses and pink roses. Various colors of orchids may need to be substituted for either other as well.
Prices listed within the The Burrow Website are subject to change during peak periods and to accommodate the seasonal availability of some flowers. Product prices exclude the local delivery charge and sales tax. We reserve the right to change without notice, the price, or prices of any, or all products listed on the The Burrow Website.
Unless otherwise notified, The Burrow’s acceptance of your order occurs when you receive an email notifying you that we have dispatched the Product(s) as ordered by you and noted on that communication. Acceptance will be deemed to have occurred at the sending of this communication, regardless of technical problems you may experience, where the reasons are outside The Burrow’s control, which may result in you having not received that email in a timely manner.
If you require any information regarding your order(s), please contact Customer Care on +971 52 2727 789 during our office hours of 9:00 am till 6:30 pm (GMT+4) Monday to Sunday or email us to hello@theburrow.ae (available Saturday – Wednesday, 9:00 am till 6:30 pm (GMT+4)
The Burrow may not accept your order if: an item you have ordered is out of stock or out of season, we are unable to obtain authorization for your payment or we identify a product or pricing error.
We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
LIMITED LICENSE
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access this Website pursuant to the requirements and restrictions of these Terms of Use. The Burrow may change, suspend, or discontinue any aspect of this Website at any time. The Burrow may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of this Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access this Website. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sub-license, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit this Website, or any of its contents (including software) in whole or in part.
SITE OPERATION
United Arab Emirates is our Country of Domicile. The Burrow controls this Website from the U.A.E. and makes no representation that this Website is appropriate for use in other locations. If you use this Website from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Website in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
APPLICABLE LAW
The Laws of the United Arab Emirates shall govern the use of this Website and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
MULTI-CURRENCY PRICED TRANSACTION
The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
PURCHASES
The Burrow accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of The Burrow. All refunds will be made onto the original mode of payment.
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES
The Burrow will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
REPRESENTATIONS BY YOU
By visiting this Website, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to The Burrow through the Website or for inclusion on the Website will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
PERMITTED USE
You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than for personal use, unless otherwise specifically authorized by The Burrow to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by The Burrow to do so. The content and software on this Website is the property of The Burrow. The cardholder must retain a copy of transaction records and Merchant policies and rules.
YOUR ACCOUNT
If you use The Burrow Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Website shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
NO COMMERCIAL USE
This Website may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain The Burrow’s prior written consent to make commercial offers of any kind on this Website, whether by advertising, solicitations, links, or any other form of communication. The Burrow will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Website and barring such violators from use of this Website.
LINKS AND SEARCH RESULTS
This Website may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. The Burrow has no control over these sites or the content within them. The Burrow does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Burrow does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using this Website to search for or link to another site, you agree and understand that you may not make any claim against The Burrow for any damages or losses, whatsoever, resulting from your use of this Website to obtain search results or to link to another site. If you have a problem with a link from this Website, you may notify us at hello@theburrow.ae.
COPYRIGHT POLICY
The Burrow may terminate the privileges of any user who uses this Website to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Website, you warrant that the information does not infringe the copyrights or other rights of third parties.
INTELLECTUAL PROPERTY
Although The Burrow is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through The Burrow’s system. The On-line Materials are The Burrow ‘s intellectual property, and are protected by U.A.E. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of The Burrow , except as expressly and specifically permitted under these Terms of Use.
The On-line Materials are and will remain the exclusive property of Burrow . All rights, titlesand interests in and to the On-line Materials will be and remain vested solely in Burrow . Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with The Burrow .
You acknowledge and agree that The Burrow will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At The Burrow ‘s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to The Burrow or perfect these rights, titles or interests in The Burrow ‘s name.
DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
VIOLATION OF TERMS OF USE
You understand and agree that in The Burrow ‘s sole discretion, and without prior notice, The Burrow may terminate your access to this Website, or exercise any other remedy available and remove any unauthorized user information, if The Burrow believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of The Burrow, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to The Burrow for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. The Burrow may release user information about you if required by law or subpoena.
INDEMNITY
You agree to indemnify and hold The Burrow, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of this Website, including also your use of the Website to provide a link to another site or to upload content or other information to this Website, or your breach of the Terms of Use.
LICENCE GRANTED TO YOU
By providing materials to The Burrow, including by submitting or uploading content or materials for use on this Website you represent and warrant that you or the owner of all rights to such content or materials has expressly granted The Burrow an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. The Burrow may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against The Burrow for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to The Burrow. Any communication or materials you send to The Burrow will be treated as non- confidential and non-proprietary and may be disseminated or used by The Burrow for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
ADVERTISING
This Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on this Website are accurate and comply with all applicable laws. The Burrow is not responsible for the acts or omissions of any advertiser or sponsor.
SEVERABILITY
If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
Last update: 19-Jul-2020