TERMS & CONDITIONS

These Terms & Conditions (the “Terms”) set out the contractual terms and conditions under which Fruitful Day Vegetables and Fruit Trading LLC (“Fruitful Day”, “us” or “we”) will provide certain services (the “Services”) to you (“you”) including access to https://fruitfulday.com/ (the “Website”) and other services. Please review these Terms carefully as these Terms apply to our Services, any purchases made from us and your usage of the Website and shall govern any agreed purchase order or quotation whether communicated by email or through the Website. Please contact [email protected] if you have any questions.

WE MAY MAKE CHANGES TO THE TERMS

We amend these Terms from time to time. Every time you wish to use the Services or the Website, please check these Terms to ensure you understand the Terms as are current and that apply at that time.

Services

The Services we provide are set out in the relevant quotation, invoice or agreed between us via the Website, over the telephone, in person, via email or another electronic communication platform. Quotations are valid for seven (7) days from date of issuance by Fruitful Day. Fruitful Day may accept or decline orders at our absolute discretion, and we may impose further conditions for acceptance of orders, and upon acceptance (which shall be communicated by email or via the Website), such acceptance of the order along with these Terms shall constitute a contract between us and you (the “Contract”). Please contact [email protected]om as soon as possible if your requirements change and we will use reasonable endeavours, as determined solely at our discretion, to accommodate such changes. Legal title to any goods ordered or delivered pursuant to the Services remains with us until full payment relating to such Services is received by us.

Payment

Payment is required within thirty (30) days of invoice date or as agreed in writing. If we do not receive cleared funds from you in our nominated bank account within this timeframe, we reserve the right to suspend future deliveries. We are also entitled to charge you interest on overdue balances inclusive of all charges including VAT at the rate of four per cent (4%) per annum above EIBOR from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. Interest shall be payable alongside the overdue amount and all amounts due under the Contract shall be payable in full without set-off, counterclaim, deduction or withholding. An administration fee of two hundred and fifty UAE Dirhams (AED 250) is payable for any bounced cheques.

Cancellations

In order to avoid being liable for payment, you must cancel no less than twenty-four (24) hours prior to the time that we have agreed to provide the Services. If you cancel with less than twenty-four (24) hours’ notice, we will charge you the full price. In respect of Website orders, all refunds of transaction amounts against any purchase through the Website will be refunded to the account relating to the original mode of payment.

Availability & Condition of Produce

Fruitful Day works with seasonal and perishable produce, therefore it is possible a product is not be available as advertised due to circumstances beyond our control. Similarly, the way that the produce looks or tastes can vary considerably. If you give us notice in writing within 24 hours of delivery that some or all of the produce do not comply with the agreed specifications, you agree to allow us to have the opportunity to examine such produce (if we elect to exercise such right within 24 hours of your notice) and we may, at our option replace any produce that is found to be defective.

Partners and Suppliers

Sometimes Fruitful Day will work alongside a third party to deliver the Services. When this is the case, we are not liable for their actions.

Loan Items

In the event that an item we loan to you (including but not limited to bowls, platters and/or stands) is not returned to us in the same condition, then you agree that you shall replace the item at your cost (such cost determined by us based on actual value of the item and incidental costs such as transport)

Permissions, Licensing and Security Access

If you ask us to supply Services at your premises or elsewhere, then you will be responsible for securing any permissions, licenses or NOCs from the relevant authority. If we need special security access, you will be responsible for arranging this.

Intellectual Property

Fruitful Day uses a number of proprietary trademarks (whether registered or not), logos, designs, patterns and other brand-related material. It is expressly prohibited to use, reproduce or copy these materials without our express written permission.

Website Terms of Use

  • The Website will NOT deal or provide any services or products to any countries subject to OFAC sanctions and all dealing on the Website shall be in compliance with the laws of the United Arab Emirates (“UAE”). The UAE is the Company’s country of domicile.
  • By accessing the Website, you are agreeing to be bound by the Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of the Terms, you are prohibited from using or accessing the Website. The materials contained in the Website are protected by applicable copyright and trademark laws.
  • We accept payments on the Website using Visa and MasterCard credit or debit cards in UAE Dirhams (AED). If “credit card online” is selected as the payment method, then the details on the cardholder’s identification card are required to exactly match that of the credit card used to make the purchase.
  • Website Use License. Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon our terminating your access to these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  • Limitations. In no event shall we nor our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the material or information on the Website, even if a Fruitful Day authorised representative has been notified orally or in writing of the possibility of such damage. Where a jurisdiction does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
  • Accuracy of Materials. The information and material appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete or current. We may make changes to the material and information contained on the Website at any time without notice. However, we do not make any commitment to update the material or information.
  • Links. Fruitful Day has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.

Disclaimer

The Services and all information on the Website are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services, the information on the Website or otherwise relating to such materials or on any sites linked to the Website.

Limitation of Liability

Fruitful Day shall not be liable for any loss arising out of or in connection with the Services (whether in contract, tort, by statute or otherwise) except where the loss is primarily and directly caused by our gross negligence or fraud (and in which case, such losses shall be recoverable only to the extent the loss is directly caused by our gross negligence or fraud). Our maximum aggregate amount of liability hereof arising out of or in connection with the Services shall be limited to the value of payments received by us in respect of the Services provided by us.

Indemnity

You agree to fully indemnify Fruitful Day (on an after tax basis), and keep us indemnified, from and against any losses, claims, demands, damages, costs, charges, expenses or liabilities (or actions, investigations or other proceedings in respect thereof) (“Claims”) which we may suffer or incur or which may be made against Fruitful Day relating to or arising directly or indirectly out of or in connection with your breach of these Terms, and you agree to reimburse Fruitful Day for all costs and expenses (including legal and other professional fees) which are incurred by us in connection with investigating or defending any such claim or proceeding. This indemnity shall not, however, apply to the extent that it is finally judicially determined that the relevant Claim resulted primarily from our gross negligence or fraud. For the avoidance of doubt, you agree and undertake that you will not make any claim or exercise any other remedy (including set-off) against us relating to or arising directly or indirectly out of or in connection with the provision of Services except to the extent that you have suffered loss resulting primarily from our gross negligence or fraud

In particular, the you agree to indemnify us for costs relating to:

  • the provision of debt recovery services which we may opt to engage, in order to recover overdue amounts and related interest that you owe under this Contract; and/or
  • any reasonable legal fees incurred relating to legal costs associated with such recovery.


Suspension

Without limiting our other rights or remedies, we may suspend the provision of the Services, including any order, or any other agreement between us, if you breach the Contract, or we reasonably believe that you are about to breach the Contract, or if you fail to pay any amount due under this Contract on the due date for payment. On suspension of the Contract for any reason you shall immediately pay to us all our outstanding unpaid invoices and any applicable interest.

Force Majeure

Neither of us shall be in breach of this contract nor liable for delay in performing, or failure to perform, any of its obligations (except for payment obligations) under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

Assignment

We may (and you may not) at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under this contract to any third party or agent.

Miscellaneous

No variation of the Contract by you shall be effective unless it is in writing and signed by our authorised representative. No failure or delay by us to exercise any right or remedy provided under this contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. No one other than a party to the Contract shall have any right to enforce any of its terms.

Jurisdiction & Governing Law

Any dispute, difference, controversy or claim arising out of or in connection with the Contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“DIFC”). The contract shall be governed by and construed in accordance with the laws of the DIFC.