Livegardenz General Terms & Conditions
1.1 Welcome to www.livegardenz.com (“Site”). The owner and operator of the Site is Invictus FZ-LLC, a private limited company registered in the United Arab Emirates (“UAE”) under license number 45000192, with its office located in:
Rakez Business Zone-FZ,
Ras Al Khaimah,
United Arab Emirates.
Invictus FZ-LLC is domiciled in the United Arab Emirates, any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
2. General Terms
2.1 The Livegardenz.com website is an online marketplace to buy and sell garden equipment, garden tools, garden furniture, fruit trees, mature plants, indoor plants, pot plants, flower pots, pebbles and rocks, water features, garden ornaments as well has soil amendments.
2.2 When an item is purchased on the website, the order is placed with the seller of the product and not Livegardenz. Livegardenz takes the order and collects the payment through a third party payment gateway as the agent of the seller and not on our own behalf.
2.3 Livegardenz will in some cases arrange shipping through a third party courier service that collects the item from the seller and delivers it to the buyer. Upon the sale of an item, the contract is formed between the buyer and the seller directly.
2.4 Livegardenz has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell the item or the ability of buyers to pay for items. Livegardenz will endeavour to pre-screen users or the content or information provided by users as much as possible, but is not obligated to. Livegardenz cannot ensure that a buyer or seller will actually complete a transaction.
2.5 Livegardenz is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Livegardenz.com.
2.6 Livegardenz.com may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.7 Images uploaded to the website may be used by Livegardenz for the purpose of promoting the website, promoting sellers and items and any public relations and marketing related activities and in this respect you grant us the license to use images you/ sellers upload on the website for our promotional material, social media channels and blog.
2.8 Livegardenz reserves the right to alter or terminate its services and to refuse service to anyone for any reason at any time.
2.9 With effect from 1st January 2018 all prices include VAT where applicable as per requirement by UAE law.
2.10 Visa or MasterCard debit and credit cards in AED will be accepted for payment
2.11 Invictus FZ-LLC (Livegardenz) maintains the www.livegardenz.comWebsite ("Site").
2.12 We will not trade with or provide any services to OFAC and sanctioned countries
2.13 Cardholder must retain a copy of transaction records and Livegardenz policies and rules
2.14 User is responsible for maintaining the confidentiality of his account
2.15 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt.
3. General Guidelines
3.1 One must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Livegardenz.
3.2 One must not use Livegardenz for any illegal or unauthorized purpose and you agree to comply with all UAE laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
3.3 One must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
3.4 One must not threaten, intimidate, harass or otherwise abuse any other Livegardenz user.
3.5 The seller is responsible for maintaining that the content you submit is your own and is not owned by others.
3.6 You are solely responsible for your behaviour and conduct on Livegardenz including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the Livegardenz website.
3.7 You must not modify or adapt or ‘hack’ Livegardenz.com or seek to create another website or communication to users that implies it is associated to Livegardenz.com
3.8 You must not produce unwanted communications [spam] to other users of Livegardenz.
3.9 Buyers and Sellers are responsible for keeping their password secure.
3.10 You must not transmit or seek to transmit any malicious viruses or worms or any code that seeks to alter the behaviour of the Livegardenz site or that is in any way destructive.
4. Suspension and Termination of Account
4.1 Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw your access to the Services and/or remove hosted content submitted by you or on your behalf if we consider, at our sole discretion that: (a) you have breached these Seller Terms in any manner whatsoever; (b) we reject a product delivered to us by you under these Seller Terms; (c) you are not reasonably cooperating with an investigation by us or any law enforcement or regulatory agency; (d) you have failed to meet the agreed performance indicators; or (e) our continued provision of Services to you would expose us or other Site users to regulatory action or other material risk. Upon termination of your account, your seller account registration shall cease to exist
4.2 Termination of these Seller Terms (howsoever occasioned) shall not: (a) affect any accrued rights or liabilities of either party; (b) affect any provision of these Seller Terms that is expressly or by implication intended to continue on or after termination; or (c) require a court order.
5. Returns Policy
5.1 Customer can cancel their order within 24 hours; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.
5.2 Returns, refunds or exchanges are not possible in cases of custom made or personalized items.
5.3 Livegardenz will only consider items purchased for return if:
5.3.1 The item received is damaged
5.3.2 An item other than ordered has been received
5.3.3 The item differs majorly from the images and description in its listing. If you feel that the item you have purchased is not as described in its listing, please report the seller to us.
5.4 Faulty or Incorrect Items: You must notify the seller within 48 hours of receipt of the goods of any faults or incorrect item received through the Livegardenz messaging system. The seller will offer a replacement or exchange on the item. If this is not possible, Livegardenz will issue a refund for the net value of the goods.
5.5 Refunds will be done only through the Original Mode of Payment.
5.6 The goods must be returned to the seller in their original condition with all labels and packaging intact, within 7 days of receipt.
5.7 Be reminded that as a lot of the items on this website are handmade slight variations and imperfections may be present but must not constitute a fault or render the item defective.
5.8 In the case of a returning item, buyer must inform Livegardenz before processing the pickup of the item. Buyer must inform Livegardenz for the reasons behind the return, Livegardenz will then confirm if item is suitable for a refund and return.
5.9 The return of the product is at the sellers cost
5.10 Please allow for up to 45days for the refund transfer to be completed.
6. Privacy and Confidentiality
We know your personal information is important to you, so it’s important to us. Livegardenz will not sell or disclose your personal information to third parties without your explicit consent. We take reasonable measures (physical, organisational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personal information. Users agree that Livegardenz may process your personal information that you provide to it for the purposes of providing our services and for sending marketing communications to you.
7.1 The listing or sale of counterfeit products on the Site is prohibited. Every product sold on the Site must be original and authentic. Counterfeit products which are prohibited include fakes, bootlegs or pirated copies of products or content, and products which have been illegally replicated, reproduced or manufactured.
7.2 It is solely your responsibility to ensure all of the products that are made available for sale on the Site are original and authentic and do not infringe on another party’s intellectual property rights;
7.3 We reserve the right to verify and determine whether the products sold on the Site are original and authentic.
7.4 Notwithstanding the above, we reserve the right to take appropriate legal actions against you and report such counterfeit products to law enforcement authorities.
8.1 Nothing in these Terms shall limit or exclude a party’s liability:
(a) for fraud, including fraudulent misrepresentation, perpetrated by that party;
(b) for death or personal injury caused by the negligence of that party; or
(c) for any other liability that cannot be limited or excluded under applicable law.
8.2 In no event will we be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
(a) the content or other information you provide when using the Services;
(b) your use of or your inability to use our Services and/or delays or disruptions in our Services;
(c) pricing, shipping, format or other guidance and information provided by us or used for product listings;
(d) any defects or damage to a product that occurred prior to our acknowledged receipt of your product;
(e) bugs, errors or inaccuracies of any kind in our Services, viruses or other malicious software obtained by accessing or linking to our Services;
(f) damage to your hardware device from the use of our Site;
(g) the content, actions or inactions of third parties using our Services;
(h) a suspension or other action taken by us with respect to your use of the Services;
(i) the duration or manner in which your listings appear in search results; or
(j) your need to modify practices, content or behaviour or your loss of or inability to do business as a result of changes to these Terms.
9. DELIVERY POLICY
Currently we only ship orders within the UAE. Please allow for up to three business days for all local orders.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration by one (1) arbitrator in accordance with the rules of the Dubai International Arbitration Centre (DIAC). The seat or legal place of the arbitration shall be Dubai Arbitration Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English.
The foregoing provisions of this clause are without prejudice to the right of Livegardenz to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Livegardenz shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
If you break the above terms then your account will be suspended and possibly terminated. Livegardenz seeks to promote legal activity and well behaved conduct on its site however, you understand and agree in using the site that Livegardenz is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the Livegardenz service at your own risk. All Livegardenz sellers are responsible for following all the laws that apply to them, their store and their goods, including copyright and shipping restrictions for goods. Livegardenz reserves the right to remove any listings or images that are deemed inappropriate or offensive.