Terms of service

OVERVIEW

This website is operated by Consumer Recreation Services Ltd (“CRS”), trading as DodoMarket Flowers & Gifts. Throughout the site, “CRS”, “we”, “us” and “our” refer to Consumer Recreation Services Ltd. CRS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store are also subject to these Terms. We may update, change or replace any part of the Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website or Service following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority (18+) in your jurisdiction of residence, or that you are the age of majority and have given us your consent to allow your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).
You must not transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time, except where prohibited by applicable law.
Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information provided for reference only. We reserve the right to modify site contents at any time, but have no obligation to update any information. You agree that it is your responsibility to monitor changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are eligible for return, exchange or refund only in accordance with our Returns, Complaints & Quality Policy (the “Refund Policy”).

Perishables & made-to-order items. As detailed in the Refund Policy, perishable items (including flowers, bouquets, plants, cakes and other food gifts) are not returnable and not refundable once delivered or attempted for delivery. Our sole remedies for verified quality defects are, at our discretion, replacement or store credit, unless a different remedy is required by law.

Refund method & store credit. Where we issue a refund or remedy, we may provide it as store credit or by another method at our reasonable discretion, except where a specific refund method is required by applicable law.

Handmade & design variations; substitutions. Product photos are provided for reference only to illustrate overall style, palette and size tier and are not binding. Because designs are handmade and materials are seasonal, reasonable variations in colour palette, bloom stage, stem count, wrapping/packaging, decorative elements, vessel and proportions may occur. To ensure freshness and timely delivery, our florists may substitute components (including flowers, foliage, containers, ribbons, or accessories) without prior notice while maintaining the intended look, theme and colour intent. Such reasonable variations and substitutions do not constitute a defect, misrepresentation or grounds for a refund where the product aligns with the order’s stated occasion, style, size tier and price.

Allergens & dietary information (edible items). We rely on information provided by partner bakeries and suppliers; specifications may change without notice and cross-contamination can occur. Please review packaging/labels on receipt and verify allergens/dietary restrictions before consumption. No remedy is available for reactions arising from undisclosed allergies or preferences.

Proof of delivery & risk transfer. Delivery to the address provided (including hand-off to a receptionist/concierge/guard or placement in an authorised safe location) together with our time-stamped delivery evidence (e.g., driver photo, GPS/telematics data, or signed receipt) constitutes fulfilment and transfer of risk.

Attempted delivery & re-attempt surcharge. An attempted delivery occurs when we arrive at the address provided within the delivery window but (i) delivery is refused, or (ii) the recipient is unavailable/unreachable and our driver is unable to complete a hand-off to a receptionist/concierge/guard or to place the goods in an authorised safe location. Taking into account the perishable nature of the goods, we will use reasonable efforts to preserve the goods and arrange a re-attempt within a reasonable time; a re-attempted delivery surcharge will apply and must be paid prior to re-dispatch. We cannot guarantee product condition following a failed delivery caused by unavailability/refusal; any deterioration attributable to delay, ambient conditions or other factors beyond our control will not qualify for a refund or replacement. Orders that are refused, or that cannot be completed due to incorrect/incomplete addresses supplied by the customer, are not eligible for refunds or replacements.

Taxes, fees & currency. Unless stated otherwise, prices exclude applicable taxes, delivery charges, service fees or surcharges (e.g., same-day or surge-date delivery). Applicable taxes and fees are calculated and displayed at checkout based on delivery location. Charges are processed in the currency shown at checkout.

Digital products & e-gift codes. Digital content and e-gift codes may be delivered immediately after purchase. By completing your purchase, you consent to immediate supply and acknowledge that, where permitted by law, any statutory withdrawal/right-to-cancel may not apply once delivery has begun or the code has been revealed.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed under the same account, credit card, and/or billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you via the e-mail and/or billing address/phone number provided at the time of order. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your account and other information (including email address and payment details) so we can complete your transactions and contact you as needed.

For details on cancellations, returns and remedies, please review our Returns, Complaints & Quality Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website, which shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third party’s policies and practices and ensure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (e.g., contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial/state or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available”, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CRS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms excludes or limits any rights or remedies that cannot be excluded or limited under applicable consumer protection laws. To the maximum extent permitted by law, the above limitations apply.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Consumer Recreation Services Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

Obligations and liabilities incurred prior to the termination date shall survive termination for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18A - FORCE MAJEURE

We shall not be liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to acts of God, severe weather, natural disasters, epidemics, strikes, labour disputes, supplier failures, shortages, transportation or utility interruptions, or governmental actions. In such cases, we may suspend or cancel affected orders and will use reasonable efforts to notify you.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mauritius.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms should be sent to legal@dodomarket.mu. For order and customer support, contact customercare@dodomarket.mu.