online payment service terms and conditions

welcome to daniel ost please read these terms and conditions carefully (the “ Terms and Conditions”).

    1. daniel ost middle east website daniel ost, duly registered in jordan and owned by jao for flowers psc (the “site”), is offering daniel ost customers “customer” the online flower arrangement and/or flower utilities and/or goods shipping service to the customer’s designated address (the “order service”).
    2. this order service is currently available for visa and master card holders only.
    3. your use of the order service shall be subject to these terms and conditions which form an agreement between you, daniel ost “the site” and its suppliers.
    1. it is understood that upon your submission of the registration form provided on the site, you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, you may not use this order service.
    2. by using the order service, you represent that you have the legal capacity and competence to enter into the terms and conditions, and representations and warranties set forth therein; otherwise, please exit the site.
    1. whenever you provide information on our site, you acknowledge and agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. if you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, daniel ost may without notice suspend or terminate your access to our site and refuse any and all current or future use of our site (or any portion thereof).
    2. the order service requires you to register, create an account, or place a one time purchase with an existing account. if you opt for having an account you will be asked to set a user name and password for registration purposes in order to be able to use the site for the order service. by using the order service you acknowledge your responsibility for any/all action that result from your use. customer is expected to select a password that would not be obvious to someone trying to guess your password, and change it if it was known by an unauthorized party through the website or by calling the customer care center depending on the order service. a “forgot my password” link will be available as well. you are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. you agree to immediately notify daniel ost of any unauthorized use of your password or account or any other breach of security. without limiting any rights which daniel ost may otherwise have, daniel ost reserves the right to take any and all actions, as it deems necessary or reasonable, to ensure the security of the site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. notwithstanding the foregoing, daniel ost may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall daniel ost be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of daniel ost under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. you may not use anyone else's account at any time, without the permission of the account holder.
    3. the security of your personally identifying information is important to us. while there is no such thing as "perfect security" on the internet, we will take reasonable steps to help ensure the safety of your personally identifying information. however, you understand and agree that such steps do not guarantee that use of the site is invulnerable to all security breaches, and that daniel ost makes no warranty, guarantee, or representation that use of any of our site is protected from viruses, security threats or other vulnerabilities.
    1. Copyright

      all contents of the site (including but not limited to: text, logos, floral arrangement images and designs, graphics, audio clips, buttons, icons, digital, downloads, software, data compilation) and/or its suppliers/third parties, the compilation of all content on the site, all software used on the site, and software suppliers are an exclusive property of daniel ost and its affiliates (i.e payment gateway is for meps) and governed by the jordanian copyright law and the international copyright laws and applicable conventions.

    2. Trademarks

      trademarks appearing on the site are duly registered trademarks in jordan and other countries. other daniel ost graphics, logos, page headers, button icons, scripts, and order service names are trademarks of daniel ost, or its subsidiaries. daniel ost trademarks are not to be reproduced (a) in any media without the written authorization of daniel ost, or (b) in any way that is likely to cause confusion to the customers, or (c) in any way that could disparages or discredits us. you shall not use it in or as part of your own trademarks.

    1. the order service is provided on an "as is" and "as available" basis. we make no representations or warranties of any kind, express or implied, as to the operation of the order service. you expressly agree that your use of the order service is at your sole risk. to the maximum extent permissible by any applicable law, we disclaim all warranties, express or implied.
    2. daniel ost will not be liable for any damages of any kind whatsoever arising from or in connection with the order service, including, without limitations; direct, indirect, incidental, punitive, and consequential damages.
    3. daniel ost shall not be liable for the removal from the order service of any material sent or posted by you on or via the order service and/or the blocking or suspension of your access to the order service or any part of it in accordance with these terms and conditions.
    4. daniel ost will deliver order as described and shown on the website, noting that color of flowers/subject may deviate from original photo, bear in mind that flowers/items are subject to seasonal changes…etc. and we’ll deliver best match to order booked.
    1. customer understands that by using the order service, he/she will be solely responsible to evaluate the accuracy, completeness and usefulness of all information you need to provide through the site.
    2. customer acknowledges and agrees that the site shall not be responsible for any wrong payment entry on the site and the payment will be effected to the card account by which the payment was processed, and it will not be refundable at all.
    3. customer is also aware that the payment he/she is intending to do needs at least 1 working day to be reflected on the account.
    4. as a condition of customer use of the order service, customer warrants to daniel ost that he/she will not use the order service for any purpose that is unlawful or prohibited by these terms and conditions. as a payment for goods, the order service is provided only to the customer only and for its use only. customer agrees to use the order service only to pay for a direct online order from the site. any unauthorized commercial use of the order service, or the resale of its order services, is expressly prohibited.
  1. by visiting the site and using the order service, you hereby acknowledge that the laws of hashemite kingdom of jordan, without regard to principles of conflict of laws, shall govern these terms and conditions and any dispute that may arise to in respect of the same shall subject to the exclusive jurisdiction of jordan courts.

  2. daniel ost may change or modify the terms and conditions from time-to-time without notice other than posting the amended terms and conditions on the site. the amended terms and conditions will automatically be effective when posted on our site. your continued use of our order service after any changes in these terms and conditions shall constitute your consent to such changes. www.danielost.me reserves the right to change, modify or discontinue, temporarily or permanently, the order service at any time without notice. you agree that daniel ost shall not be liable to you or to any third party for any modification, suspension or discontinuance of the order service (or any portion thereof).

  3. you agree to irrevocably indemnify, defend and hold harmless www.danielost.me and its underlying content and order service providers, associated payment gateway providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of submitted material or any other content you submit, post or upload to or transmit through our site, your use of our site, your connection to our site, your violation of these terms and conditions, or your violation of any law or the rights of another. these obligations will survive any termination of your relationship with daniel ost or your use of our site. daniel ost reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with daniel ost in asserting any available defenses.

  4. the customer's internet order is a binding offer to conclude of a contract of sale of the goods ordered.

    all offers on the daniel ost are subject to change. product illustrations may differ from real appearance and are therefore not binding. a contract comes not with the confirmation of the order, but only if daniel ost has sent an acceptance of the order to the customer either by notice on the site, an sms, email or by running the delivery.

    in the event where the customer needs to alter the order, a fee may be charged if the original order has already been confirmed. the customer’s alterations may be disregarded where the order has already been prepared.

    1. to exercise the right to cancel your order service, you must inform us of your decision to cancel by emailing orders@danielost.me.
      1. to exercise the right of cancellation, you can click “cancel order” via the site, click the link inside the confirmation order email that you received, or fill the below model cancellation form, which is however not compulsory, and forward it to daniel ost shop jao for flowers, intercontinental, amman-jordan

        model cancellation form i confirm that i would like to cancel the following service order for the purchase of the following goods:

      • ______________________________________________________
      • date and number of service order _________________________________
      • customer name _________________________________
      • customer address _________________________________
      • __________________________________
      • __________________________________
      • date
      • _________________________
      • signature
      • __________________________
    2. no cancellation shall be allowed for orders requested to be delivered on the same day the order was placed on the site.
    3. if you exercise this option, we will communicate to you an acknowledgement of receipt of such a cancellation by email.
    4. if you cancel and you have already paid for the order service, you will receive a refund of the paid amount only for cancellation made by you within 3 hours from the time the order service was placed. however, a 10% charge will be applicable and deducted from the refunded amount in case of such a cancellation. the refund will be made within 14 days from the date the your payment was made, providing that the order has not already been dispatched. we will make the refund using the same means of payment as you used for the initial transaction.
    5. many of our products are individually custom made and handcrafted to order. so, while orders may be cancelled upon request with reasonable notice, cancellations may not be possible in some cases when items have already been made or dispatched and en route. consequently, refunds are subject to management’s discretion.
    6. cancellation of an order placed for a wedding or special event that requires a substantial quantity will only be accepted if notification is given within two months prior to the delivery date. cancellation after the two month period will result with a 10% cancellation fee. in the case that the customer needs to change the date of the event, we will only accept the change subject to the availability of the new date.
    7. orders cancelled by customer after shipment/delivery to customer will be treated as a “return”, and the following policy shall apply:
      1. goods returns will be accepted when meet the following conditions:
      1. only goods shipped from us within the last 7 days will be considered for return.
      2. only our goods in saleable condition will be considered for return.
      3. saleable condition is defined as meeting the same standards as newly prepared/made/designed goods and must be in the original packaging/arrangement. we reserve the right to determine salability of goods.
      4. goods that were specially configured for the customer (made-to-order) will not be considered for return unless the return is due to an error made by us.
  5. all prices are indicated in jordanian dinar including the statutory value added tax.

    in addition, the shipping/delivery costs will depend on the volume and correspond with our cost price.

    1. deliveries are made to the delivery address specified by the customer and will be prepared and discharged for delivery upon receipt of full purchase price plus shipping/delivery costs.
    2. changes to the delivery address after the order has already been placed will be subject to a fee of 2 jod only where the new delivery address is outside the zonal scope of the original delivery address.
    3. where at the time of delivery, the recipient is not present for collection or we incur difficulties delivering the order, we will contact the recipient.
      1. in the event where the paying customer is not identified as the recipient, the customer will be contacted first.
      2. if the recipient and/or customer do not respond, a note will be left at the delivery address in addition to a text message which will be sent to the customer and/or recipient informing them of the attempted delivery.
      3. the customer will incur the responsibility to re-arrange a new delivery time and date.
    4. should the customer request a specific delivery date, we will use our best endeavors to deliver by that date. however, in the rare event where that is not possible, we will use our reasonable effort for alternative arrangements.
  6. unless expressly and specifically stated otherwise on the site, we provide the site for use by persons located within the hashemite kingdom of jordan. daniel ost makes no representation that the order service are available for use in locations outside the hashemite kingdom of jordan. those who choose to access our site or use the order service from other locations will do so, on their own initiative and are responsible for compliance with local laws. certain companies affiliated with daniel ost provide order services and operate websites in various other countries throughout the world, some of which may be linked to from our site. any such international website will be governed by their own terms of use and privacy policies and not by these terms.

    1. daniel ost failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. if any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms and conditions, and shall not affect the validity and enforceability of any remaining provisions.
    2. neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this terms and conditions.
    3. daniel ost may assign its rights and duties under this terms and conditions to any party at any time without notice. your rights and duties under these terms are not assignable by you without written consent of daniel ost.
    4. these terms and conditions do not provide any third party with a remedy, claim, or right of reimbursement.
    5. all information related to the customer’s account and/or customer’s service order shall be strictly confidential, and may not be disclosed, shared, or otherwise diffused on daniel ost unless the customer’s prior written approval is provided.