Terms & Conditions
Updated on 9/05/2024
Article 1 - Definitions
The supplier TPTS GROUP L.L.C-FZ with company number 2418551.01 and registered
office in Dubai, Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai,
U.A.E.
The site: https://www.thepalmtreesociety.com
The terms and conditions: This agreement
The order: An order placed by a person on the site
The location: The location of the Terms and Conditions on the site, more specific:
The products: The goods that are for sale on the site
The client: The person who orders
The customer service: This service is accessible via our Contact form contact form or
via Hello@thepalmtreesociety.com
Article 2 - General
The following Terms and Conditions apply to all visitors or users of the site. By using
this site, you agree to be bound by these terms and conditions, as they may be
modified by us at any time and posted on this website. In case of contradiction or
silence from this terms and conditions the Belgian law will be applicable.
In case one of the conditions in this terms and conditions would be illegal or invalid, the
other conditions remain applicable.
The Terms and Conditions which are applicable on the order are the terms and
conditions which were published at the time that the order was made. They will annul
all earlier or later terms and conditions.
As referred to in these site rules, "The Palm Tree Society" refers to TPTS GROUP L.L.CFZ.
The present General Terms and Conditions govern the rights and obligations of the
parties arising out of the online sales of products offered on sites belonging to The Palm
Tree Society. The Palm Tree Society provides all its services from UAE. The contract
between the parties will be deemed to be performed in UAE, dispatching to different
countries from UAE.
These General Terms and Conditions apply to all products sold via the site. They may
not be varied without The Palm Tree Society's express prior consent in writing.
The Terms and Conditions are written in English. In case the content is unclear there is
always the possibility to contact the customer service.
Article 3 – Capacity in law and Acceptance
Anyone wishing to buy products from The Palm Tree Society must have capacity to act
in law. Should anyone be declared without capacity, they may not buy any products on
The Palm Tree Society’s site and so acquire the capacity of customers. They must then
purchase via their lawful representatives. These lawful representatives will be bound by
the Terms and Conditions.
The supplier can refuse every order if there is a serious assumption of abuse, abuse of
law or bad faith.
Article 4 - Annulation
The Palm Tree Society cannot be held liable for products not being available. Should
one or more products in an order not be available, The Palm Tree Society will inform
the customer via email or in writing that it has cancelled his or her order wholly or in
part or split it.
Should products be found to be unavailable and the customer is informed of this but
they have already paid for their products, The Palm Tree Society will ask his or her
bank information to refund the amount paid for the products in question immediately,
informing the customer by email accordingly. How fast the refund is actually made
depends on how the customer chose to pay when making their purchase. Should the
customer find the refund is taking an abnormal length of time, they are advised to
contact their bank.
The Palm Tree Society will also cancel the order if the address details are unclear,
incorrect or insufficient to send the products, The Palm Tree Society will inform the
customer via email or in writing that it has cancelled his or her order. If the customer
has already paid for their products, The Palm Tree Society will ask his or her bank
information to refund the amount paid for the products in question immediately.
Customers can cancel their order, only if it hasn't been processed yet. They can do so
by contacting us. The Palm Tree Society will cancel the order and will ask its bank to
refund the amount paid for the products in question immediately, informing the
customer by email accordingly. How fast the refund is actually made depends on how
the customer chose to pay when making their purchase. Should the customer find the
refund is taking an abnormal length of time, they are advised to contact their bank.
Article 5 – Prices and Invoicing
Prices are those as shown on sites at the moment the customer places their order.
Prices stated during the purchasing process are expressed in USD and include
administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs: these will be charged
separately, and the customer must pay them in addition to the purchase price. Any
discount the customer is allowed will be deducted from the price of the products, not
from the transport costs.
The Palm Tree Society reserves the right to vary selling prices and transport costs at
any time, although the products purchased, and costs will always be invoiced as stated
in the email which confirms the order. These are the prices that apply at the time of
purchase, provided the products were available.
The customer agrees to The Palm Tree Society sending its invoices electronically; but if
the customer would like a hard copy invoice, they can simply request one through
our contact form.
Products will remain The Palm Tree Society's property until such time as the customer
pays for them in full, i.e. until they pay the purchase price and costs in full.
Article 6 – Payment methods
Purchases can only be paid for online, by VISA, Mastercard, American Express and
Apple pay. The customer's bank account will be debited once the purchase has been
confirmed, and payment will not take effect until such time as the customer's bank has
given its consent to The Palm Tree Society. Should the customer's bank refuse
payment, the order will be refused automatically.
The customer warrants they are authorized to make payments by one of the payment
methods as stated above, and that there are sufficient funds in the bank account linked
to the credit card to cover all the costs arising out of the transaction, failing which The
Palm Tree Society may refuse the order.
The Palm Tree Society uses Stripe to handle payments online. The Palm Tree Society
has no access to its customers' confidential payment details, nor does it keep them.
The Palm Tree Society reserves the right to refuse any order from a customer with
whom it is in dispute or who has brought a dispute in the past. The Palm Tree Society
may also refuse an order should the customer not have paid for a previous order,
wholly or in part, where there is a serious assumption of abuse, abuse of law or bad
faith.
Article 7 – Ordering products
Products The Palm Tree Society offers are those as they appear on the sites at the time
the customer implements their order subject to those products being available.
Every order can only be validly placed on the site.
The Palm Tree Society agrees to make every effort to deliver all orders as soon as
possible.
All products offered for sale on the site are described in good faith and as
conscientiously and as accurately as is possible; but the photographs on the website
are of no contractual value whatsoever. The Palm Tree Society cannot accept any
liability for any errors which may appear in the descriptions of the products or
photographs, including slight variations in colors and dimensions.
Notwithstanding any evidence the customer may have in writing, it is expressly agreed
that data registered in The Palm Tree Society's it systems, those of its hosting partners
or internet payment partners alone shall constitute evidence of the communications,
the content of the orders and the entire transactions which have taken place between
the parties.
To place an order, the customer goes to the heading of their choice, chooses the size
they wish to receive and then click on ‘add to shopping bag’. This puts the article
selected in the ‘shopping bag’. The customer can correct their order as long as they are
in the ‘shopping bag’. If the customer wishes to confirm their order, they must select a
delivery and payment method. The total amount that must be paid is stated clearly
throughout the whole of the billing process. Once the payment process is completed,
the order is now final and cannot now be changed. This is unless the customer explicitly
asks to change the order via e-mail or writing, his or her request is accepted by The
Palm Tree Society and the order has not been shipped out yet.
The customer will be sent an initial e-mail confirming their order once they have made
their purchase in any case. They will then get a second e-mail when their order is
dispatched.
Article 8 - Deliveries
When confirming their order, the customer can choose delivery to a given address
(home, work, or other).
Should the customer opt for delivery to a given address, The Palm Tree Society will do
its best to ensure that that order is dispatched to that address within a few days of
confirming the order. The carrier will attend that address between 08.00 and 18.00 on
working days and will hand over the package(s) to the addressee or anyone else
present at that address. If no-one is there, a message will be left on the address stated
which can be used to ask for another attempt to deliver, either to the same address or
to one of the collection points.
Should the customer fail to arrange for redelivery within two weeks of confirming the
order, or should they be out when that redelivery is made, the order will be returned to
The Palm Tree Society automatically, who will then contact the customer to arrange for
the order to be delivered, in which case the customer may be asked to pay additional
delivery costs.
Products ordered will be delivered to the delivery address as stated by the customer
during the ordering process and then subject to the terms and conditions described
therein.
The Palm Tree Society reserves the right to split orders into one or more deliveries as
products are available. Each delivery will be accompanied by an email notification.
Deliveries will be accompanied by a delivery note which also gives details of the goods
delivered.
Should a delivery go missing during the delivery process, and the provisions of this
article are complied with, The Palm Tree Society will send a new shipment entirely at its
expense if the product is still available or refund the value of the order including
transport costs. The risks of loss and/or damage pass to the customer on delivery.
Article 9 – Statutory Warranty & Complaints procedure
The Palm Tree Society warrants that the products offered for sale do not suffer from
any visible or latent defects which render the product impossible or dangerous to use.
This warranty is without prejudice to the statutory rights the customer has under their
national legislation.
The customer is guaranteed against any non-compliance which exists when a product is
delivered and which manifests itself within two years of being delivered. This two-year
period will be suspended for as long as it takes to repair or replace the product or
should The Palm Tree Society and the customer be involved in negotiations with a view
to settling matters amicably.
Customers must contact customer service should they wish to invoke this warranty
immediately, and must notify The Palm Tree Society of the non-compliance via
customer service in writing in any case within two months of discovering the defect.
Under no circumstances does the warranty apply to products which are damaged
intentionally or by the customer's negligence; nor does it apply if the damage is due to
incorrect use or wearing out.
Customers can contact customer service if they have any queries as to the warranty.
If the customer has a complaint, they can contact customer service. We will make
every effort to answer all your questions as soon as possible.
Providing this warranty and customer support is important to The Palm Tree Society.
Therefore, all acts that may negatively affect customer service are forbidden, such as
reselling the products, relabeling the products or exporting them outside the customer
country for commercial purposes. The products are sold for private purposes only.
Article 10 – Intellectual Property Rights
All elements (referred to hereinafter as the 'elements'), including texts, the database
with all data published on the website, the layout and graphic design of the web pages,
the sales catalogue, photos, images, video and music on the site are protected by
copyright, database rights, trademark rights, patent rights and all other forms of
intellectual property rights worldwide, and thus remain the exclusive property of The
Palm Tree Society. They may not therefore be copied, published, imitated or used in
any other way in any form whatsoever without The Palm Tree Society 's prior consent in
writing. Such consent must be obtained in writing, unless The Palm Tree Society itself
has made it possible to share certain elements via social networks, in which case
consent will be limited to the specific elements and social networks for which The Palm
Tree Society has made it possible to share them. Any infringements of this will be
pursued in the courts.
Article 11 - Liability
The Palm Tree Society cannot be held liable for any damage to the customer's systems
incurred through visiting the sites including being hacked or computer viruses.
The Palm Tree Society cannot be held liable for any errors which may be in photographs
or text used in describing products on sites.
The Palm Tree Society cannot be held liable for not delivering orders because products
are out of stock or for reasons beyond its control, including circumstances of force
majeure, including disturbances of or suspension of transport, post or communications
services, in the event of flood or fire, accidents or damage inherent in using the
network.
In any cases where The Palm Tree Society is or could be held liable, The Palm Tree
Society’s liability will be limited to the amount the customer actually paid for the order
concerned.
Whilst The Palm Tree Society tries to ensure that all details, descriptions, and prices
which appear on the sites are accurate, errors may occur. If The Palm Tree Society
discovers an error in the price of any products which the customer has ordered The
Palm Tree Society inform the customer of this as soon as possible and give the
customer the option of confirming the order at the correct price or cancelling it. If The
Palm Tree Society is unable to contact the customer the order will be cancelled. If the
customer cancels and has already paid for the products, the customer will receive a full
refund.
Article 12 – Disputes and Governing Law
As far as consumers are concerned, the statutory regulations will be followed, in all
other cases the courts of the district of Dubai will have jurisdiction.
The agreement between the parties is governed by UAE law.
Article 13 – varying General Terms and Conditions of sale and nullity
The Palm Tree Society may vary the present General Terms and Conditions at any time,
including to comply with its statutory obligations. Changes notified via the website will
apply to all subsequent offers and orders.
The Palm Tree Society reserves the right to vary the design and content of its website
at any time.
Should any court decision result in any of the article(s) or paragraph(s) of the present
general terms and conditions being null and void or unenforceable, that will not affect
the validity or enforceability of the other articles and paragraphs of the present general
terms and conditions or the agreement between the parties.
Article 14 – Feedback
The seller welcomes comments and feedback. All feedback and comments can be sent
to the seller through our contact from.