Public Offer

This document is an offer of FLOWWOW - FZE, Reg. No. DSO-FZE-16091, trade license 17505, (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates) to conclude an Agreement for the provision of services on the terms set out below:

Follow the link to see the documents in Arabic:https://flowwow.com/l/agency-agreement-ar

اتبع الرابط للاطلاع على الوثائق باللغة العربية:https://flowwow.com/l/agency-agreement-ar

1. Terms

1.1. For the purpose of this Public Offer for the provision of services by the Flowwow service:

‘Public offer for the provision of services by the Flowwow service’ (the ‘Offer’) means this document available on the Internet at: https://flowwow.com.tr/en/docs/agency-agreement.

The ‘Flowwow Service’ (the ‘Service’) means all pages of the website hosted on the Internet at https://flowwow.com.tr/, as well as the Flowwow Mobile Apps for Users and Sellers.

‘Website’ means all pages of the website located at https://flowwow.com.tr/.

‘Flowwow Mobile Applications for Sellers’ (the ‘Mobile Applications’) means software (for mobile devices) on the Android and iOS platforms available for Sellers to download at: https://flowwow.com.tr/s/aa.

‘User’ means a legally capable individual using the Service to purchase Items/order Delivery of Items.

‘Recipient’ means a third party indicated by the User as the recipient of the Items if the recipient of the Items is not the User; in case of Self-pickup, a third party with whom the User has shared the Order pick-up security code and who receives the Goods by means of Self-pickup.

‘Personal Area’ means the Seller’s personal area on the Service associated with the Seller’s account in which the Seller can manage personal settings, view Order History, etc. In addition, in the Personal Area, the Seller can read information daily about:

completed Orders;
the amount of funds received from Users;
the amount of remuneration to the Service;
the amount to be transferred to the Seller.

A personal account is created for the Seller after the signup with the Service.

‘Item’ means an object of purchase and sale (a thing), not withdrawn from the market and not subject to commercial restrictions, which is the subject of a purchase/sale/supply agreement concluded using the Service. The subject of sale and purchase may be food or non-food Items about which information is posted on the Service.

‘Seller’ means a legal entity listing their Items for sale using the Service.

‘Supershop’ means a Seller which:

has completed at least 10 (ten) Orders and has received at least 10 (ten) reviews;
has an average rating from the ten (10) most recent reviews of not less than four and eight tenths (4.8) points;
has had less than 30% out of the last ten (10) Orders cancelled more than three (3) minutes after payment was made for them (the total number of cancellations by Users/Recipients and the Seller is taken into account);

‘Order’ means the performance by the User of actions aimed at concluding an agreement for the sale/supply of Items and an agreement for the Delivery of Items by placing an order directly through the Service.

Seller’s Own Order — An order placed by a User using a direct link to the Seller’s Materials posted by the Seller on third-party services on the Internet. The Seller must use a direct link to the Materials obtained on the Service: https://flowwow.com.tr/admin/shop/view ‘Your page on Flowwow’. An order will not be considered a Seller’s Own Order if:

the order was placed in the Mobile Application;
after clicking on the direct link to the Seller’s Materials, the User, before placing an Order with the Seller, viewed the Materials of other Sellers on the Service.

When fulfilling a Seller’s Own order, the cost of Flowwow Services is equal to Flowwow’s remuneration for accepting funds from Users (Internet card processing) specified in clause 4.4. of the Offer.

‘Seller Gift Certificate’ (‘Seller Certificate’) means a tangible medium issued by a Seller containing an alphanumeric code confirming advance payment and giving a User/Recipient the right to purchase goods and/or services sold by the Seller in an amount equivalent to the nominal value of the Seller Certificate during the validity period of the Seller Certificate. The validity period of the Seller Certificate and the conditions for its use shall be indicated in the Service and may additionally be indicated on the Seller Certificate. Unless otherwise stated in the Terms/the Service:

by selling and accepting a Seller Certificate, the Seller enters into a direct contractual relationship with the User/Recipient;
in selling a Seller Certificate, the Seller shall be guided by the provisions of the Offer governing the sale of Items and/or services sold through the Service;
a Seller Certificate cannot be used to pay for Items and/or services sold by the Seller through the Service.

‘Delivery’ means a service for the delivery of Items ordered by the User through the Service. A delivery contract is deemed to be concluded between the Seller and the User when the User places an Order on the Service.

Self-pickup shall mean independent collection of an Order at a Seller's shop (without Delivery).

‘Support Service’ means a service that the Seller can contact for technical support to resolve a problem or for additional information on a matter of interest. The Support Service can be contacted:

via Chat;
by email at hello@flowwow.com.

‘Chat’ means a tool implemented in the Service for exchanging messages with the Support Service and Users, available in the Mobile Applications and on the Website pages.

‘Agreement’ means a paid agreement between the Seller and Flowwow that is concluded through acceptance of the Offer.

‘Materials’ mean informational materials provided by the Seller about Items, the Seller, and delivery terms that meet the requirements specified in this Offer.

‘Moderation’ means the process of verification by Flowwow of the information the Seller has provided.

‘Flowwow Terms of Use’ means the document posted on the Internet at https://flowwow.com.tr/en/docs/terms-of-use.

‘Promotional Materials’ means merchandise and printed or electronic products that have a tangible form and contain means of individualization of FLOWWOW - FZE, used as advertising handouts in advertising campaigns.

‘Invalid Order’ means an Order:

payment for which is disputed as fraudulent by the issuing bank, another bank, or the cardholder through the payment system, provided that the Seller has not provided Flowwow with information/documents confirming the execution of the Order or the information/documents provided have not been recognized by the issuing bank, another bank, the cardholder, or the payment system as sufficient;
in respect of which there are reasonable grounds to believe that it is the result of illegal actions on the part of the Seller.

1.2. Terms that are not defined in clause 1.1 of the Offer may be used in the Offer. In this case, the given term shall be construed in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term defined by the legislation of the United Arab Emirates or in the Service or generally used on the Internet.

2. Subject of the Agreement

2.1. The agreement is mixed and includes elements of a service agreement and elements of an agency agreement (hereinafter referred to as the Services).

2.2. Flowwow services include:

2.2.1. placement of the Seller’s Materials on the Service;

2.2.2. providing functionality that allows one to place an Order directly on the Service;

2.2.3. promotion of the Seller’s Items;

2.2.4. execution of an order to accept non-cash funds from Users in its own name but for the account of the Seller/transfer funds returned by the Seller to Users. The Parties acknowledge that this Service is not a payment service and Flowwow is not a payment service provider.

2.3. Flowwow may provide the Seller with additional services (as per the licenses owned by Flowwow) not specified in clause 2.2 of the Offer. Conditions for the provision of other additional services shall be negotiated by the Parties separately.

3. Terms of Service

3.1. Flowwow shall start providing Services after the conclusion of the Agreement. An agreement is concluded when a Seller accepts the Offer under the conditions outlined herein. The Offer is considered accepted by the Seller after successful signup with the Service. Flowwow shall assign a number and date to the Agreement.

3.2. By accepting the terms of the Offer, the Seller also accepts the terms of:

the Privacy Policy posted on the Internet at https://flowwow.com.tr/en/docs/personal-data;
the Cookie Policy posted on the Internet at https://flowwow.com.tr/en/docs/cookies;
the Flowwow Loyalty programmes posted on the Internet at https://flowwow.com.tr/en/docs/loyalty;
the Terms of the Flowwow Loyalty Programme posted on the Internet at https://flowwow.com.tr/en/docs/loyalty-terms;
the Flowwow Terms of Use, posted on the Internet at https://flowwow.com.tr/en/docs/terms-of-use.

3.3. To sign up with the Service, the Seller shall specify the following information and is also responsible for the correctness and relevance of the data provided:

Company name (name);
location (address), including:
- the address indicated in the state register of companies;
- the actual address or addresses at which the Seller carries out business activities
- the mailing address for the exchange of correspondence;
hours of operation (working hours of the Seller);
state registration number of the record on the creation of a legal entity;
taxpayer identification number;
Emirates ID (or other identification document) of the signatory;
store description (logo, store photo, and short description);
cost and time of Delivery of Items, as well as the Delivery rates for one (1) kilometre;
bank details for settlements;
the taxation system and VAT rate used by the Seller, if applicable;
contact information (phone, links to social networks, website);
contact details of the employees responsible for the execution of the Agreement;
other values specified by Flowwow as required.

3.4. When signing up with the Service, the Seller is obliged to provide accurate information. Flowwow is not responsible for the content and accuracy of the information provided by the Seller. The Seller has no right to make any claims against Flowwow and/or demand compensation for any losses in connection with the Seller providing inaccurate information.

3.5. Flowwow does not edit information about the Seller. However, the Support Service has the right to verify the correctness of the data provided, including by requesting the relevant documents.

3.6. Within ten (10) days from the moment the Seller completes all the actions necessary to sign up with the Service, the Support Service shall moderate the information provided by the Seller. Flowwow shall send a notification to the Seller in the Chat after Moderation about the successful signup with the Service or denial of signup. In case the signup is denied, the Support Service may indicate to the Seller the need to take additional actions, after which Flowwow will re-moderate.

3.7. The actions provided for in Section 3 of the Offer shall not be recognized as a proper acceptance of the Offer if performed by a person:

in respect of which there is no information about state registration in the state register of companies;
who provided data specified in the profile of another Seller;
who provided incorrect/incomplete information provided for in the Offer;
with whom an Agreement was previously terminated at the initiative of Flowwow;
in other cases.

Flowwow has the right to deny signup to such person.

3.8. After signing up with the Service, the Seller is obliged to prepare and independently upload Materials containing:

an Item's photo (must be clear and display the general appearance of the Item and may not contain watermarks. Flowwow recommends using a resolution of 1200×1200 pixels);
the Item’s name;
the price of the Item, the VAT rate (if applicable) and the discount on it (if any), information on the conditions for the purchase of the Item;
information on the main consumer properties of the Item/the conditions for provision of services;
information about the place of manufacture of the Item;
information on the price and terms of delivery of the Item;
information about the service life, expiration date, and warranty period established for the Item (if applicable);
other information about the Item provided for by the current legislation of the Seller’s registration country or specified by Flowwow as mandatory.

3.9. The Materials become available on the Service within 30 minutes after they are uploaded by the Seller. Flowwow has the right to send the Materials for revision to the Seller at any time by removing them from the Service, including in the case of:

provision of low-quality photos;
insufficient description of the Item;
indication in the description of links to third-party resources (including any contact information, links to social networks, etc.);
creation of several Items with the same photo;
presence of alcohol and tobacco products in the Materials;
inconsistency of the Materials with the current legislation of the Seller’s country of registration.

3.10. Where the Materials are placed on the Service shall be determined by Flowwow independently, taking into account the technological and other features of the Service as well as the ratings given to the Seller, reviews about the Seller, etc.

4. Cost of Services and Payment Procedure

4.1. The cost of Flowwow Services shall be calculated as follows:

4.1.1. The cost of the Services provided for in clauses 2.2.1.-2.2.3. of the Offer shall be calculated from the cost of the Items specified in an Order. When calculating the cost of Services provided for in clauses 2.2.1.-2.2.3. of the Offer, Flowwow does not take discounts provided for the Item or the cost of Delivery of the Items into account;

4.1.2. The cost of the Services (agency fee) provided for in clause 2.2.4. of the Offer shall be calculated based on the Order’s cost, taking into account the discount provided for the Item and Delivery of the Item.

4.2. The Seller shall independently set the cost of the Services (including agency fees) of Flowwow based on the minimum amounts specified in clause 4.4 of the Offer. When the Seller increases the cost of Flowwow Services, the Seller receives additional benefits in promoting Items on the Service (conditions are provided upon an additional request to the Support Service). The cost of Flowwow Services is reflected in the Personal Area and in each Order accepted by the Seller.

4.3. Flowwow’s remuneration shall be charged only for completed Orders.

4.4. The minimum cost of the Flowwow Services provided to the Seller is indicated in the annex to the Offer, posted at the link: https://flowwow.com.tr/s/tarif-uae-en.

4.5. Flowwow:

does not charge a fee for the Services if a User cancels an Order or the User/Recipient refuses the Item;
charges a fee for the Services in the event of a partial or full cash refund by the Seller to a User based on a claim received from the User.

4.6. A User shall make a payment for an Order to the current account of Flowwow, which, acting in its own name but for the account of the Seller as per the Civil Code of the United Arab Emirates, shall, on behalf of the latter:

accept non-cash funds from Users;
transfer funds returned by the Seller to Users;
For settlements with individuals, Flowwow is not a payment service provider

4.7. Payment for Flowwow Services (including agency fees) shall be made by deducting the corresponding amount from the funds received by Flowwow from Users and to be transferred to the Seller. If the funds received by Flowwow are insufficient to pay for the Flowwow Services and/or to pay forfeits and/or any other payments, the Seller is obliged to pay the outstanding amount of funds within five (5) business days from the date of receipt of the relevant request from Flowwow. At the same time, Flowwow has the right to unilaterally offset any counter monetary claims based on relevant notifications sent to the Seller.

4.8. Information about the amount of funds to be transferred to the Seller (less amounts returned to Users, the cost of Flowwow Services, penalties, and Flowwow’s remuneration under the Terms of the Flowwow loyalty programme) is displayed in the Seller’s Personal Area. The Register for Payment is generated by Flowwow every Tuesday (funds due to the Seller for the period from Saturday to Friday preceding the week of generation of the Register for Payment). Flowwow shall transfer the funds to the Seller no later than ten (10) days from the date of generation of the Register for Payment.

4.8.1. For the Sellers registered under the laws of the Republic of Kazakhstan and located in the Republic of Kazakhstan the following procedure applies:

In case the amount of funds due to the Seller is less than 50 000 KZT Flowwow does not generate the Register of Payment and does not transfer funds to the Seller until the amount of funds due to the Seller is equal or exceeds 50 000 KZT;
When the amount of funds due to the Seller exceeds 50 000 KZT Flowwow generate the Register of Payments in the nearest Tuesday following the day when the amount of funds exceeded 50 000 KZT. Flowwow shall transfer the funds to the Seller no later than ten (10) days from the date of generation of the Register for Payment;
In case of termination of the Agreement for any reason Flowwow shall transfer the funds due to the Seller (regardless of the amount due) within 30 (thirty) days following termination of the Agreement.

4.9. The Reporting Period is a calendar month. Within seven (7) business days from the end of the Reporting Period, Flowwow shall prepare the following documents (hereinafter, the Reporting Documents) and submit them to the Seller:

a Certificate of the Services Rendered and Payment Orders Executed;
a unilateral Report on the execution of an order to accept funds from Users in its own name but for the account of the Seller;
a Certificate of the services rendered under the loyalty programme.

Electronic images of the Reporting Documents shall be sent to the Seller by the email specified in the Agreement.

4.10. Within five (5) business days from the date of receipt of the Reporting Documents, the Seller has the right to send Flowwow reasoned objections to the data specified in the Reporting Documents. If no reasoned objections are received from the Seller within the specified time period, the Flowwow Services shall be considered accepted by the Seller in full, and the Seller shall lose the right to raise any objections in the future.

4.11. The Service and the Seller acknowledge that, when issuing certificates on services rendered, tax invoices and reports, the name of the reference detail ‘Contractor’ is equal to the name ‘Agent’ or ‘Service’ and the name of the reference detail ‘Customer’ is equivalent to the name ‘Seller’ or ‘Principal’.

4.12. When calculating the cost of Flowwow Services, the amount of remuneration shall be rounded to the nearest integer:

if the Nth + 1 digit < 5, then the Nth digit is preserved, and the Nth + 1 and all subsequent digits are set to zero;
if the Nth + 1 digit ≥ 5, then the Nth digit is increased by one, and the Nth + 1 and all subsequent digits are set to zero.

5. Rights and Obligations of the Parties

5.1. Flowwow undertakes:

to provide the Seller with Services and fulfil other obligations stipulated by the Offer;
to advise the Seller on the operation of Flowwow.

5.2. Flowwow is entitled:

to temporarily suspend the provision of the Services for technical, technological, or other reasons that impede the provision of the Services and the performance of other obligations for the time necessary to eliminate such reasons;
suspend the provision of the Services / block the Seller’s operations with the Service or block the Self-pickup feature for the Seller in the event of infringement of the rules of Self-pickup, including cases where the User/Recipient was prompted to cancel their Order and purchase the Goods directly from the Seller, bypassing the Service;
to carry out any actions (control measures) to verify the compliance of the content of the submitted Materials with the requirements of the Offer, as well as to verify the proper and conscientious fulfilment by the Seller of its obligations, including receiving (requesting) information from the Sellers:
- about Items for sale and sold Items;
- about completed Orders, including documents confirming the execution of the Order.
Flowwow may request the specified information/documents both on its own initiative and at the request of banks/payment systems/other financial organisations/law enforcement/judicial authorities for the investigation and prevention of fraudulent transactions, as well as in other cases stipulated by the current legislation and/or the rules of payment systems;
if Invalid Orders are detected, to block the Seller’s operation on the Service to receive compensation for material losses of Flowwow from the Seller. For the purpose of applying this provision, the Parties have estimated the amount of property losses in advance as equal to the aggregate of funds paid by Flowwow in connection with the detection of an Invalid Order, namely: the value of the Invalid Order and fines, penalties, or duties imposed by the issuing bank, another bank, another financial organisation, or the payment system, as well as law enforcement or judicial authorities. To confirm the occurrence of circumstances that the Parties link to the Seller’s obligation to reimburse Flowwow’s material losses, a report from the payment system will be sufficient evidence. The Seller must compensate for material losses within five (5) business days from the date of receipt of the relevant request from Flowwow. Flowwow has the right to receive compensation for material losses provided for in this clause of the Offer from the funds due to the Seller under clause 4.7. of the Offer;
to make changes to the Offer and other documents specified in clause 3.2 of the Offer. If Flowwow changes the Offer and/or the documents specified in clause 3.2 of the Offer, such changes shall come into force from the moment the amended text of the Offer and/or the documents specified in clause 3.2 of the Offer is posted on the Internet at the addresses specified in clauses 1.1 and 3.2 of the Offer, unless a different date for the entry into force of the amendments is additionally specified upon such posting. The Seller agrees and acknowledges that making changes to the Offer and/or to the documents specified in clause 3.2 of the Offer entails the introduction of these changes to the Agreement, and these changes to the Agreement shall enter into force simultaneously with the changes to the Offer and/or the documents specified in clause 3.2 of the Offer. If Flowwow makes changes that the Seller disagrees with, the Seller is obliged to stop using the Service;
to publicly refer to the corporate name of the Seller (as well as its logo or trademarks) to indicate it as one of its Sellers without paying the Seller any sums of money;
at its own expense, arrange marketing and other activities aimed at promoting the Service, as well as other activities, including those related to provision of additional promotional conditions for Order placement. Flowwow shall independently determine the material provisions of such activities. Within the framework of such activities, Flowwow has the right to transfer Promotional Materials to Sellers for subsequent transfer thereof to Users at the time of Order fulfilment. The date of Promotional Materials transfer shall be the shipment date of Promotional Materials to a Seller. The transfer of Promotional Materials to a Seller shall be documented with a unilaterally executed Transfer and Acceptance Certificate drawn up as per the form developed and approved by Flowwow. An electronic copy of a Transfer and Acceptance Certificate shall be sent to a Seller within 7 (seven) business days of the Promotional Materials transfer. The original copy of a Transfer and Acceptance Certificate shall be provided to the Seller upon request by sending it to the address specified by the Seller as their mailing address. Within 5 (five) business days of receiving a Transfer and Acceptance Certificate (an electronic copy or the original copy, depending on whichever occurs first) the Seller has the right to submit to Flowwow substantiated objections regarding the details specified in the Transfer and Acceptance Certificate. If the Seller has not submitted substantiated objections within the above period, the Promotional Materials shall be considered as duly accepted by the Seller, and the Seller shall lose the right to submit any objections in the future.

5.3. The Seller undertakes:

within 90 (ninety) minutes from receiving an Order, accept or cancel such an Order (for Sellers located in the Republic of Kazakhstan and Georgia, the countdown period for accepting or cancelling Orders shall be 45 (forty-five) minutes from receiving an Order).
- If an Order has been received within the Seller’s business hours, the countdown shall start from receiving such an Order. The countdown period shall be interrupted, and the remainder of the countdown period shall be transferred to the Seller’s next business day if, at the time of receiving an Order, the Seller’s business operations are scheduled to end within less than forty-five (45) minutes (ninety (90) minutes for Sellers located in the Republic of Kazakhstan and Georgia);
- If the Order is received outside the Seller’s working hours, the period starts from the beginning of the first working day of the Seller following the day of receipt of the Order;
Independently, in accordance with the legislation of the Seller’s country of tax residence, to issue Tax Invoices and other required documents to the User as part of each order;
to keep copies of documents and other information related to sold Items and completed Orders for one (1) year from the date of sale/fulfilment and, upon request from Flowwow, submit documents/information no later than one (1) business day from the date such request is received;
The Seller is fully responsible for organising the Delivery of Items and for the Delivery of the Items unless otherwise provided by the current legislation of the Seller’s country of registration. The Seller has the right to entrust the Delivery of Items to the User to a third party while remaining responsible for its actions. A Seller is obliged to inform the User through the Service about the Delivery cost and the party to which the Delivery of an Item has been entrusted if the Seller engages a third party for the Item’s Delivery. The Seller is obliged to ensure that a third party engaged for the Delivery of Items fulfils the following obligations:
- not to communicate with the User/Recipient on matters not related to the execution of the Order;
- to transfer information to the User/Recipient, as well as documents for the Item, provided for by the current legislation of the Seller’s country of registration;
- under no circumstances to demand funds from the User/Recipient;
- to keep the contacts communicated to the User/Recipient in working order;
- to communicate politely with the User/Recipient;
- to have a neat appearance;
- to speak properly;
- not to disclose information about the User to the Recipient;
- to treat the Items with care;
- to ensure compliance with the sanitary rules for the transportation of the Items and adherence to a certain temperature regime for the Delivery of the Items, to ensure the cleanliness and integrity of both the packaging and the Items, and to prevent such placement of the Items where one Item can damage another;
to execute Orders personally, except as provided for in the Offer;
provide Flowwow with Materials and information in accordance with the requirements of the Offer;
when preparing, creating, and changing the Materials, to comply with all Flowwow’s requirements for the Materials and placement conditions stipulated by the Offer, as well as all applicable norms and requirements of the current legislation of Seller’s country of registration;
to be responsible for compliance with safety standards, storage conditions, preparation, and packaging of food products if such Items are sold on the Service;
to provide information in the Materials on the ingredients of food products under the legislation of the Seller’s country, including but not limited to information on substances that cause allergies and/or intolerances and storage conditions; Flowwow’s responsibility is limited to the obligation to display the information specified by the Seller in the Materials on the Service;
to provide Materials whose content corresponds to the current offerings of the Seller;
within two (2) calendar days from the date of receipt of the relevant request, to provide duly certified copies of documents confirming the information provided to Flowwow, including that contained in the Materials;
not to dispute the fact that additional information materials from Flowwow may accompany the display of the Materials it has provided;
not to distribute any advertising materials (its own or those of third parties) with an Item without prior written consent from Flowwow;
not to distribute, publish, or otherwise provide incorrect information about the Service (including information containing profanity, representing Flowwow in a negative light, or otherwise running counter to ethical and moral principles and norms and the principles of good faith and integrity, but not limited to such information);
not to use the Flowwow brand traffic for advertising its store in contextual advertising;
to ensure the security of the personal data of Users/User representatives;
if the information specified in clause 3.3 of the Offer changes, to inform Flowwow about this within one (1) business day from the date of such changes;
to respond promptly (i.e., within thirty (30) minutes from the receipt of the request, if the request was received during the Seller’s business hours, or within thirty (30) minutes from the start of the first working day following the day of receipt of the request, if the request was received outside the Seller’s business hours) to requests from Users and the Support Service;
to process the personal data of Users/Recipients following the requirements of personal data protection laws, without the possibility of transferring the User’s/Recipient’s data to third parties, except in cases expressly established by personal data protection laws;
maintain the confidentiality of data provided by the User, including the User’s preferences/comments related to their Order, greeting card texts, the contents of chat conversations with the User. The Seller shall have no right to distribute the above data, transfer it to third parties, or use it in any other way except for fulfilling Orders. The Seller shall prevent the illegal dissemination of information related to the private life of the User/Recipient. The Seller shall not discredit the honour, dignity, or business reputation of third parties;
to ensure employees comply with the Agreement;
when selling/executing a Seller Certificate:
- to convey the complete conditions for the purchase and use of the Seller Certificate to the User/Recipient;
- to sell goods and/or provide services upon presentation by the User/Recipient of a Seller Certificate;
- not to demand additional payment for goods and/or services from a User/Recipient unless otherwise provided by the terms of the Seller Certificate;
- independently and at its own expense, settle all claims related to the sale and use by a Recipient/User of a Seller Certificate, including one submitted by a Recipient/User of Flowwow.
use the Promotional Materials exclusively for charge-free transfer to Users at the time of Order fulfilment
specify whether Self-pickup is available for the Goods, maintain up-to-date the information about Self-pickup availability and the business hours of the Seller's shop;
hand over the Goods by means of Self-pickup within the time period selected by the User at the time of Order placement. Orders must be ready for pickup from the beginning of the time period specified at the time of Order placement;
when placing Materials associated with age-restricted Goods (if permitted by the laws of the Seller’s jurisdiction), specify this in respective product cards (by selecting the ‘18+ Item’ attribute using the Service features). Flowwow shall have the right to modify the specified attribute in product cards if Flowwow deems that the Seller has incorrectly determined the age restrictions of the Goods;
comply with the regulations governing the sale of age-restricted Goods provided for by applicable law;
when fulfilling Orders including age-restricted Goods (if permitted by the laws of the Seller’s jurisdiction), at the time of handing over the Goods to the User / the Recipient, verify the age of the User / the Recipient by requesting them to produce a valid identification document. The Seller shall be solely responsible for verifying the age of the User / the Recipient in accordance with the requirements of applicable law.

5.4. The Seller is entitled:

to use the services of the Support Service and submit requests regarding the operation of the Service.

5.5. Each Party retains all rights to trademarks, copyrights and/or other intellectual property items (including logos, designs, and drawings) that may be used under the Agreement. The conclusion of the Agreement cannot be interpreted as granting the Seller any licenses and/or rights of use concerning Flowwow’s intellectual property items.

5.6. By posting Materials on the Service, the Seller simultaneously grants Flowwow a transferable simplenon-exclusive license to use the relevant Materials in the activities of Flowwow and/or other Sellers, including for the purpose of advertising the Item and/or Service and/or the Seller and/or other Sellers worldwide without payment of any remuneration or the need to obtain any additional consents and/or permissions. The license shall be granted for the entire period of validity of the exclusive rights to the Materials in the following scope:

reproduction of the Materials;
distribution of the Materials in any way;
public display of the Materials, including public performances of works that include the Materials;
making the Materials available to the general public;
broadcasting on the air or by cable;
reworking of the Materials;
inclusion of the Materials in a composite work or other complex object.

5.7. The Seller shall have the right to use Flowwow’s trademarks and logos for the purpose of providing information that the Seller’s shop is available with the Service. Links embedded in the Flowwow logo / trademark must lead to the Seller’s shop page with the Service.

When using trademarks and logos, the Seller shall be guided by the rules available at: https://info.flowwow.com/en/brandbook , in particular, use only the logos and trademarks specified in the rules.

Flowwow shall have the right, at any time, to prohibit the use of trademarks and logos, demand the removal of trademarks and logos from the resources on which they were published by the Seller. The Seller shall comply with such Flowwow’s request within 2 (two) days of receipt.

The use of Flowwow’s trademarks and logos in accordance with this clause shall not cause damage to the business reputation of Flowwow or be accompanied with false or offensive information regarding Flowwow or the Service.

The Seller shall cease using Flowwow’s trademarks and logos in the event of termination / expiration of the Agreement for any reason.

6. Responsibility

6.1. The Seller is responsible for executing the Agreement/Agreements concluded between a User and the Seller using the Service and for observing other rights of the Users unless otherwise expressly provided by the current legislation of the Seller’s country. Concerning individuals, Flowwow’s liability is limited to the liability provided by the laws of the United Arab Emirates.

6.2. Flowwow provides Sellers with the function of information support for consideration of User claims. This does not imply that Flowwow has the authority to satisfy Users’ claims, including those related to the inadequate quality of Items and/or Services for the Delivery of Items. When providing such a function, Flowwow acts as an mediator.

6.3. Within three (3) days from the moment the Seller fulfils an Order, the User has the opportunity to settle any claim with the Seller through the Service. After the specified period, the User will settle all claims directly with the Seller without the involvement of Flowwow unless otherwise provided by the current legislation of the Seller’s country.

6.4. Acting as a mediator, Flowwow has the right to request information and documents necessary to decide on a claim from the Seller. Information and documents must be provided within one (1) business day of the Seller from the date of receipt of the relevant request. The Seller’s failure to provide the requested information and/or documents may be grounds for deciding on the claim in favour of the User.

6.5. If:

the Seller cancels an Order on grounds not related to the actions of the User/Recipient, as well as if the Order was not accepted/was rejected by the Seller within the period specified in clause 5.3. of the Offer, the Seller, at the request of Flowwow, undertakes to pay Flowwow a fine in the following amount:
- The order is in ‘New’ status — the amount of the fine shall be 100% of the cost of the Flowwow Services specified in clause 4.1.1. of the Offer for each cancellation. The Service shall have the right to void such Order without prior agreement with the Seller;
- The order is in ‘Accepted’ status (‘Photo before delivery’ or ‘Courier left’ or ‘Ready’ in case of Self-pickup) — the amount of the fine shall be 150% of the cost of the Flowwow Services specified in clause 4.1.1. of the Offer for each cancellation.
- in the event of a failure by the Seller to accept an Order within the period specified in clause 5.3. of the Public Offer / in the event of an Order cancellation by the Seller (automatic cancellation), the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 150% of the Flowwow service fee specified in clause 4.1.1. of the Public Offer for each case of automatic Order cancellation. In addition, in relation to such an Order, the Service software shall assign a rating of 1 in the ‘Ratings and reviews’ section and post an info message saying that an automatic cancellation occurred.
the Seller has cancelled only one (1) Order in the current reporting period, Flowwow shall have the right not to apply penalties to the Seller.

In the event of:

violation by the Seller of the delivery time of the Item;
a failure by the Seller to meet the handover period for the Goods in case of Self-pickup;
substitution of the Item/the composition of the Item (unless the User initiated the substitution);
delivery of defective Items/Items in a lesser quantity than was provided for in the Order, the Seller, at the request of Flowwow, undertakes to pay Flowwow a fine in an amount not exceeding the cost of the Order. Flowwow shall determine the amount of the fine independently.

If the Seller uses the Flowwow traffic brand for advertising its store in contextual advertising, it undertakes, upon the request of Flowwow, to pay Flowwow a fine in the amount of five thousand (5,000) AED for each confirmed case and reimburse the losses incurred.

If the Seller uses Users’/Recipients’ personal data for the purpose of distributing marketing materials or for other purposes not related to Order fulfilment or discloses Users’/Recipients’ personal data in violation of the law, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 50,000 (fifty thousand) AED for each confirmed case and compensate Flowwow for the damages caused.

If the Seller uses Promotional Materials for the purposes and/or in ways not provided for by the Public Offer, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 500 (five hundred) AED for each confirmed case, as well as compensate Flowwow for the damages caused.

If the Seller uses Flowwow’s trademarks and logos for the purposes and/or in ways not provided for by the Public Offer and/or in breach of the requirements set out in clause 5.7 of the Public Offer, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 5,000 (five thousand) AED for each confirmed case, as well as compensate Flowwow for the damages caused.

In case of disclosure to third parties Order details, Order-related data provided by the User (in addition to personal data), including the User’s preferences/comments related to their Order, greeting card texts, the contents of chat conversations with the User, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 5000 (five thousands) AED for each confirmed case, as well as compensate Flowwow for the damages caused. In the event of disclosure of the User's personal data, the penalty mentioned above in this clause 6.5 shall apply.

In the event of infringement of the rules of Self-pickup, including cases where the User/Recipient was prompted to cancel their Order and purchase the Goods directly from the Seller, bypassing the Service, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of the Order value for each confirmed case, as well as compensate Flowwow for the damages caused.

In case of breaches of other terms and conditions of the Public Offer not explicitly specified in Section 6, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 5000 (five thousands) AED for each confirmed case, as well as compensate Flowwow for the damages caused.

Flowwow has the right to withhold the amount of fines provided for in this clause of the Offer from funds due to the Seller in accordance with clause 4.7. of the Offer.

6.6. The Seller is responsible for the information provided to Flowwow on the VAT rate for Items and/or Delivery and for the veracity of the specified information. The Seller is also fully responsible for promptly updating data on the Service if the Seller was exempted from paying VAT but subsequently switched to paying VAT. If the Seller’s failure to provide information or provision of false information about the VAT rate was the basis for disputes or any claims against Flowwow, including legal liability on Flowwow’s part, the Seller undertakes to resolve the disputes and settle such claims on its own and at its own expense or reimburse Flowwow for losses incurred (including legal costs and the amount of fines imposed). Flowwow has the right to reimburse the losses incurred by withholding them from funds due to the Seller in accordance with clause 4.7. of the Offer. Flowwow is not responsible for incorrect and/or untimely provision of VAT rate information by the Seller.

6.7. If, due to a technical failure in the operation of the Service resulting in incorrect display of an Order, a User, in accordance with Section IV of the Flowwow Terms of Use, has filed a claim and/or cancelled the Order and/or refused the Item, the Seller shall have the right to demand reimbursement of the costs incurred from Flowwow. The amount of reimbursement shall be determined by Flowwow independently and may not in any case exceed the cost of the Order placed and paid for by the User.

7. Warranties

7.1. During the Agreement term, Flowwow will make every effort to correct any failures or errors should they occur. At the same time, Flowwow does not guarantee that there will be no errors or failures in the placement of Materials and the provision of the services provided for in clause 2.2 of the Offer, including concerning the operation of the software.

7.2. Except for the guarantees expressly stated in the Offer text, Flowwow does not provide any other express or implied guarantees under the Agreement and expressly disclaims any guarantees or conditions concerning non-violation of rights and the compliance of the Services with the specific purposes of the Seller.

7.3. The Seller warrants and confirms the following:

it is a duly registered and legally operating legal entity;
the Seller has indicated reliable data, including the personal data of its representatives, during signup and the Seller has obtained the consent of its representatives to provide their personal data to Flowwow;
the Seller: a) has fully read the terms of the Offer; b) fully understands the subject of the Offer; c) fully understands the meaning and consequences of its actions concerning the conclusion and execution of the Agreement;
the posted Materials do not violate and do not entail the violation of any rights of third parties or the current legislation of the Seller’s country;
the Items about which information is contained in the Materials provided by the Seller were legally placed on the market in the territory of the Seller’s country;
the Seller is a bona fide taxpayer, is registered for tax purposes and complies with the requirements of the tax legislation of its country of tax residence, and is also an independent payer of taxes and fees in accordance with the legislation of its country of tax residence;
the Seller complies with the legislation of its country governing the procedure for hiring foreign labour;
the Seller has all the required powers, approvals, and permits from the competent management bodies of the Seller to conclude the Agreement, and signing and executing the Agreement does not constitute a violation of the Seller’s Articles of Association (if applicable).

8. Dispute Resolution

8.1. The current legislation of the United Arab Emirates governs the Agreement, its conclusion, and its execution. All issues not settled by the Offer or not fully settled shall be settled in accordance with the substantive law of the United Arab Emirates.

8.2. The parties will strive to resolve disputes, disagreements, and/or claims that have arisen by means of negotiations. The Parties must have a claim procedure for resolving disputes, disagreements, and/or claims. The term for consideration of a claim is ten (10) days from the date of its receipt. Compliance with the requirements for sending legally important messages outlined in Section 9 of the Offer when submitting a claim is necessary for observing the claim procedure for resolving disputes. A claim is deemed to have been delivered in the event of unfair obstruction or evasion of receipt of a mailing or letter or blocking of receipt of electronic messages from the sending Party.

8.3. Disputes, disagreements, and/or claims that are not settled in the complaint procedure are subject to consideration in court at the location of Flowwow in accordance with the current legislation of the United Arab Emirates.

9. Information Exchange and Legally Significant Messages

9.1. Unless otherwise stated in other provisions of the Offer, all statements, notifications, notices, demands, or other legally significant messages required or sent in connection with the Agreement may be sent by registered mail, courier service, electronic messages addressed to the Party at its contact details or email address, or chat. Any legally significant messages are considered transmitted:

on the day of Delivery — if sent by mail or courier service;
on the day of sending — if sent by email or Chat.

9.2. Legally significant messages sent by email or in Chat have full legal force and may be used as evidence in court if the following conditions are met:

they must contain, as an attachment, a copy of a duly executed document executed on paper and reflecting the relevant legally significant message signed by an authorised person, and
if sent by email, they must be sent to the email address of the Receiving Party specified in cl. 9.3;
a printout of a report on the sending of an email message and/or a screenshot of the Chat screen shall be deemed by the Parties to be admissible written evidence that a legally important message was sent and received by the Party.

9.3. Email addresses of the Parties:

for Flowwow: hello@flowwow.com;
for the Seller: the email address specified when registering on the Service.

10. Mobile Application and Website

10.1. The Seller is responsible for its own actions in connection with the use of Mobile Applications and/or the Website.

10.2. Flowwow, at its sole discretion, has the right at any time to change the design of the Mobile Applications and/or the Website and its content and functionality, change or supplement the scripts or software used, etc.

10.3. Flowwow ensures the functioning and operability of the Mobile Applications and the Website and undertakes to promptly restore their operability in the event of technical failures and interruptions. Flowwow is not responsible for temporary disruptions and interruptions in the operation of the Mobile Applications and/or the Website or loss of information caused thereby. Flowwow is not responsible for any damage to the Seller’s computer/mobile devices or any other equipment or software caused by or associated with the use of the Mobile Applications and/or the Website.

10.4. Flowwow shall not be liable to the Seller for the inability to use the Mobile Applications and/or the Website for any reasons beyond Flowwow’s control.

10.5. The Seller has the right to demand compensation for losses only if it is proven that Flowwow committed a direct wrongful act (omission) with direct intent to cause damage to the Seller.

10.6. Except for the cases specified in the Offer, Flowwow shall under no circumstances be liable to the Seller or any third parties for any indirect, accidental, or unintentional damage, including lost profits or data or damage to honour, dignity, or business reputation associated with the use of the Mobile Applications and/or the Website.

11. Conclusion and Termination of the Contract

11.1 The Agreement shall enter into force from the moment the Seller accepts the Offer and shall be valid until the Agreement is terminated.

11.2. The Agreement may be terminated at any time by the Parties’ agreement.

11.3. The Agreement may be terminated by Flowwow immediately with written notification to the Seller if the Seller violates the terms of the Agreement in the following cases:

repeated violation of the Delivery time;
a repeated failure to meet the handover period for the Goods in case of Self-pickup;
repeated violation of the requirements for the quality of Items;
repeated substitution of Items;
use of someone else’s Materials;
sending of spam to Users;
rude communication with Users and/or Flowwow;
ignoring Orders;
repeated cancellation of Orders without justified reasons;
discrepancy between the prices indicated by the Seller on the Service and on the Seller’s own online resources;
submission of inferior Materials and refusal to correct Flowwow’s comments;
provision of false information about the Seller and/or the Items for sale;
entrusting the execution of the Order to third parties, except for the cases provided for in the Offer;
provision of incorrect details;
repeated violation of Flowwow’s requirements for the delivery of Items;
debts owed to Flowwow;
the Seller is in the process of liquidation or bankruptcy;
other violations of the terms of the Offer.

11.4. The Seller or Flowwow may terminate the Agreement with no reason given (with no obligation to explain) unilaterally and out of court by sending a written notice to the other party no later than seven (7) days before the date of termination of the Agreement. In this case, neither party has the right to claim any compensation from the other party.

11.5. The obligations of the Parties under the Agreement which by their nature must remain in force (including but not limited to obligations regarding confidentiality, settlements, and use of information) shall remain in effect after the expiration of the Agreement.

11.6. Termination of the Agreement for any reason shall not release the Parties from liability for violations of the terms of the Agreement arising during its validity period.

11.7. Due to the technical features of the Service’s operation, data about the Seller and the orders executed thereby are not deleted from the Service after the termination of the Agreement. Only the personal data of the Seller’s employees and other persons whose personal data was provided by the Seller are subject to deletion.

12. Other provisions

12.1. Reviews and ratings from Users/Recipients:

12.1.1. The Seller shall have the right to submit a complaint regarding reviews and/or ratings given by the User/Recipient if they consider such reviews/ratings to be unfounded within 7 (seven) days from the date of publication of the respective review/rating.

12.1.2. Flowwow shall consider complaints submitted by the Seller, and, if it is established that such complaints are justified:

The User/Recipient's rating will not be taken into account when calculating the average review score (rating) of the Seller's shop;
In this respect, pursuant to the general rule, the User/Recipient’s rating/review shall not be subject to deletion.

12.1.3. Complaints submitted by the Seller shall be recognized by Flowwow as justified based on the following grounds:

The Order rating/review is a result of abusive practices of third parties, is fake, which shall be determined by Flowwow;
The review and rating are not related to the Order and/or the Seller, are not related to the Seller’s actions, as confirmed by the review text.

12.1.4. The provisions of this clause shall not restrict the rights of Flowwow, at its discretion, to exclude/delete/not take into account ratings/reviews of Users/Recipients if Flowwow has reasonable grounds to believe that such ratings/reviews are a result of abusive practices of the Seller, User, Recipient, other third parties, if ratings/reviews contain prohibited information, information that infringes the rights of third parties, or may cause damage to the business reputation of the Service, Flowwow, or other legal entities or natural persons.

13. Flowwow’s Details

FLOWWOW - FZE, Reg. No. DSO-FZE-16091, trade license 17505, (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai , United Arab Emirates)

Publication date: 29.05.2024

Previous version of the document: https://flowwow.com.tr/en/docs/agency-agreement-till-28-05-2024/

THE FLOWWOW PRIVACY POLICY

Publication date: 01.04.2024

Follow the link to see the documents in Arabic:https://flowwow.com/l/personal-data-ar

اتبع الرابط للاطلاع على الوثائق باللغة العربية:https://flowwow.com/l/personal-data-ar

TERMS AND DEFINITIONS

The Policy shall mean the present document available on the Internet at: https://flowwow.com.tr/en/docs/personal-data/

Personal Data shall mean information relating to an identified or identifiable natural person.

Personal Data Subject shall mean a natural person to whom personal data being processed is related.

Processing shall mean any action or set of actions performed with personal data using or without the use of automation tools, including collection, registration, organisation, structuring, accumulation, storage, adaptation or editing, uploading, viewing, use, disclosure by means of transfer, distribution or other ways of granting access, collating or combining, abridging, deletion or destruction.

The Company shall mean FLOWWOW - FZE, Reg. No. DSO-FZE-16091, trade license 17505, address DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates.

The Service shall mean all pages of the website available at https://flowwow.com.tr/, as well as mobile applications managed by the Company.

User shall mean a Personal Data Subject who provided their Personal Data to the Company in connection with the use of the Service and/or receipt or provision of services by using the Service.

Seller shall mean a User selling goods using the Service.

Customer shall mean a User purchasing goods using the Service for personal non-commercial purposes.

Recipient shall mean a Personal Data Subject specified by a Customer as the recipient of the goods if the goods are to be accepted by another individual other than the Customer.

A. CONTACTS

If you have questions, comments, or requests related to the Policy, please email us at: hello@flowwow.com.

SUBJECT MATTER

The Policy determines the procedure for processing and protection by the Company (hereinafter referred to ‘the Company’, ‘Flowwow’, ‘we’, ‘of/from/about us’, ‘our’, ‘to us’, ‘by us’) of Personal Data of Personal Data Subjects (hereinafter referred to as ‘you’, ‘of/from/about you’, ‘your’, ‘to you’, ‘by you’) received (collected) by the Company:

when you use the Service;
when we provide services to you or you provide services to us;
in connection with entering into any contracts and agreements and the performance of contracts and agreements entered into, to which the Company or the Personal Data Subject is a party;
in connection with the exercise of rights and performance of obligations arising from employer-employee relationships, to which the Company is a party;
in other cases provided for by the effective legislation of the United Arab Emirates or other regulations governing the conditions for Personal Data processing, or by the Policy.

THE PERSONAL DATA THAT WE COLLECT AND PROCESS

Provided Data: data that you provide to us. You provide data when signing up with the Service, when filling out forms with the Service, or communicating with us, for example, by email, phone, via instant messengers or social media. When you write to us or call us, we may keep a record of such communications.

Usage Data: data that we collect automatically. We collect certain information automatically when you visit, use, or navigate the Service.

Third-Party Data: data we collect from third parties. We may receive data about you from other sources, including from third parties, who help us update, enrich, and analyse the data we already have; prevent or detect fraud; process payments; or analyse the way you use the Service.

Appendix 1 to the Policy provides a complete list of Personal Data that we collect and process.

Appendix 2 to the Policy provides a complete list of Personal Data Subjects whose Personal Data we collect and process.

PURPOSES AND LEGAL GROUNDS FOR PROCESSING

We process personal data for the following purposes:

related to proper functioning of the Service, in particular when we provide services to you and/or you provide services to us;
related to entering into contracts and agreements and the performance of contracts and agreements entered into;
in cases provided for by the effective legislation of the UAE;
for other purposes specified in the Policy.

We process Personal Data in accordance with the following legal grounds:

Consent: we process your Personal Data pursuant to your consent to the processing of Personal Data for a specific purpose.

Contract performance: we process your Personal Data when so required for the performance of a contract entered into with us.

Legal obligations: we process your Personal Data when required to do so by law to comply with applicable laws, government requests, court orders.

Appendix 3 to the Policy provides a complete list of the purposes of and grounds for Personal Data processing.

RIGHTS OF PERSONAL DATA SUBJECTS

Personal Data Subjects have rights, including the following:

The right to access Personal Data, which includes the right to obtain a confirmation that we are processing your data, as well as the right to access Personal Data and information about the way we use your Personal Data.
The right to rectify incomplete or inaccurate Personal Data.
The right to demand, under certain circumstances, that we delete your Personal Data. For example, if we no longer need your Personal Data or you withdraw your consent, which constitutes grounds for data processing.
The right to restrict processing, i.e. request to restrict or cease collecting, using, processing, and/or disclosing your Personal Data in cases provided for by law.
The right to portability of Personal Data: you can request us to provide you with a copy of your Personal Data in a structured, commonly used, and machine-readable format, and, under certain circumstances, you can request us to transfer your data to another operator.
The right to withdraw the consent to Personal Data processing.
The right to withdraw the consent to receiving promotional/marketing messages, provision of targeted advertisements. To do this, follow the unsubscribe link in any of our promotional emails. Opt out of receiving targeted advertising by rejecting cookies. Alternatively, please contact us at the address specified in Section A of the Policy.
The right to submit a complaint to a personal data protection regulator.

Personal Data Subjects or their representatives have the right to exercise their rights by submitting a request using the contact details specified in Section A of the Policy or in any other way provided for by the Policy.

If we are unable to identify the Personal Data Subject who submitted such a request, we may request additional information that allows us to identify the Personal Data Subject, for example, information confirming the Personal Data Subject’s relations with the Company (contract number, contract date, or other information), or information otherwise confirming the fact that the Company is processing the Personal Data of the Personal Data Subject.

We have the right to reject a request if this is provided for by or required in accordance with the legislation of the UAE or legal requirements to be complied with by third parties that we cooperate with.

We do not use automated decision-making, including the creation of User profiles, based on Personal Data.

PROVISION (DISCLOSURE) OF PERSONAL DATA TO THIRD PARTIES

We provide (disclose) Personal Data to third parties, including competent authorities, Sellers, suppliers who provide services to us or on our behalf and require access to such information in order to fulfil their obligations.

By accepting the Policy and providing us with your Personal Data, you consent to such provision (disclosure) of your Personal Data. If you do not consent to the provision (disclosure) of your Personal Data, you will not be able to use the Service.

Appendix 4 to the Policy lists the categories of third parties to whom we provide Personal Data with indication of the purposes of provision.

STORAGE OF PERSONAL DATA

We store your Personal Data for the periods specified in Appendix 5 to the Policy. A longer storage period may be provided for by the effective legislation of the UAE.

TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

The countries to which we, or third parties with whom we interact, transfer your Personal Data may not have the same data protection legislation as in your jurisdiction. In these cases, we take reasonable security measures as required by the effective legislation to ensure that your data is adequately protected when it is transferred outside of your jurisdiction.

By accepting the Policy and providing us with your Personal Data, you consent to such transfer. If you do not consent to such transfer of Personal Data, you will not be able to use the Service.

We may transfer your data outside the UAE for the purposes of the performance of a contract/agreement with you and for other purposes specified in the Policy. When we perform such data transfers, we: comply with our legal and regulatory obligations; take appropriate precautions, such as compliance with standard contractual provisions for the protection of Personal Data. We will take all steps required to ensure that your data is processed securely in accordance with the Policy.

PERSONAL DATA OF MINORS

The Service is intended for the general public and may be used by minors. Minors may access some publicly available features of the Service and its content without providing us with their Personal Data. However, minors who wish to access all content and features of the Service are required to sign up with the Service. Signing up with the Service requires the collection of certain types of Personal Data. We may ask you to provide us with information and documents that prove your age. If you are a minor, we may require you to provide us with documents certifying the termination of parental custody or a legally binding letter of consent from your parent or other legal guardian.

In addition, we use certain technologies, such as cookies, to automatically collect information about our Users (Customers) (including minors) when they visit or use the Service. We collect, process, store, and disclose data of minors in accordance with the procedure provided for by the Policy.

If you are a parent or other legal guardian of a child and you become aware that your child has provided us with Personal Data, please contact us at the address specified in Section A of the Policy.

PROTECTION OF PERSONAL DATA

We use appropriate physical, electronic, managerial, and technical means of protection to ensure the security of all Personal Data that we process. However, we cannot ensure or guarantee complete (absolute) security of your Personal Data that you provide to the Service. Although we do our best to protect your Personal Data, you should be responsible when providing your Personal Data to the Service. Please use the Service only in a secure environment: for example, use network security measures, choose an Internet service provider that encrypts traffic.

CHANGES AND AMENDMENTS TO THE POLICY

We have the right to make changes or amendments to the Policy at any time. Any changes or amendments we make to the Policy shall come into effect from the moment of publication of the amended text of the Policy. Each updated version of the Policy as amended shall supersede any and all previous versions of the Policy. We recommend that you review the Policy frequently to stay updated on the way we collect, process, and protect your Personal Data.

Appendix 1. Personal Data that we collect and process

Data type	Data being processed
1. Provided Data
Contact details	name; date of birth; language spoken; contact phone number; email address; delivery address, which may be a residence address and/or workplace.
Financial information	details of a bank account, payment method (upon request, for example, to make a payment or issue a refund).
Details of a user account with the Service	User name, password, account settings and preferences, content placed by the User in their user account.
Seller details	full name (last name; first name; patronymic, if any); details of the identification document: series, number, sex, citizenship (nationality), date and place of birth, date of issue, place of issue, issuing authority, validity period (if any); language spoken; image (photo); registration address; actual residence address; contact phone number; email address; taxpayer identification number (or similar Tax ID number).
Data of employees / former employees of Flowwow	full name (last name; first name; patronymic, if any); details of the identification document: series, number, sex, citizenship (nationality), date and place of birth, date of issue, place of issue, issuing authority, validity period (if any); image (photo); registration address; actual residence address; contact phone number; email address; taxpayer identification number (or similar Tax ID number); bank details; details of education, qualifications, vocational training, and refresher training; marital status; details of children and family ties; details of employment, including commendations, awards and/or disciplinary action; marriage registration data; other data provided by the employee in accordance with the requirements of applicable law.
Details of job applicants who may be hired by Flowwow	full name (last name; first name; patronymic, if any); residence address; contact phone number; email address; details of education, employment history, and qualifications; other data specified by job applicants in their resumes and cover letters.
Details of natural persons who are or were independent contractors providing services to Flowwow	full name (last name; first name; patronymic, if any); details of the identification document: series, number, sex, citizenship (nationality), date and place of birth, date of issue, place of issue, issuing authority, validity period (if any); image (photo); registration address; actual residence address; contact phone number; email address; taxpayer identification number (or similar Tax ID number); bank details.
Details of representatives/employees of Flowwow’s counterparties	full name (last name; first name; patronymic, if any), business phone number; business email address; name of the employer; place of business of the employer; position/job title.
Additional information	information about opening emails and following links contained in them; saved records of correspondence.
Details of minors	full name (last name; first name; patronymic, if any), details specified in a letter of consent or request.
2. Usage Data
Log and Usage Data	information about systems and devices used to access the Service, including IP address; operating system type and version; browser type, version, and settings; language settings; time zone settings; device type and identifiers; information about mobile networks; mobile phone operating system; browser type and version of the mobile device; current location; geolocation; links in URL format; usage information: for example, sign-in and sign-out time when using the Service; pages visited and features used; technical information available with the Service, for example, about the Internet connection speed; information about visiting the Service, including full URLs of web pages used to navigate to, via, and away from websites (including date and time); device event information (for example, system activity, error/bug reports, and hardware settings); mobile application usage information, including the information that you view when using our mobile applications, and date and time of such views; information to facilitate the use of the Service (in particular, to provide access to third-party websites and services), such as requests of URL, target IP address, or device configuration data; pages viewed or searched for; page response time; loading errors; time on page; page interaction information (scrolling, clicks, and hovering); interactions with specific variable/dynamic page elements; and methods used to navigate away from a page; unique identifiers assigned to Personal Data Subjects in order to provide the Service features.
Information received from IT systems	information from access systems/logs (for example when visiting offices), automatic monitoring of our websites and technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email, and instant messaging systems.
Information collected through cookies and other similar technologies	For information about the use of cookies and other similar technologies, please refer to Flowwow's Cookie Policy.
3. Third-Party Data
Third-party services	We collect information through third-party services, including Google Ads, Google Analytics, Firebase, Adjust for the purpose of displaying targeted advertisements, personalised content, and analytics.
Information that we collect from other sources	information from third parties that helps us combat fraud, provide services, or relates to your interactions obtained from companies that collect aggregated information and share it with us.

Appendix 2. Personal Data Subjects

Personal Data Subjects	Personal Data being processed
Customers	Provided Data: contact details; financial information (upon request); details of a user account with the Service; additional information; details of a minor in cases where the Customer is a minor. Usage Data. Third-Party Data.
Sellers	Provided Data: Seller details, financial information, details of a user account with the Service, additional information. Usage Data. Third-Party Data.
Recipients	Provided Data: contact details, additional information.
Potential Users (you sign up with the Service, but then do not use the Service)	Provided Data: contact details and personal data; details of a user account with the Service; additional information; details of a minor in cases where the Potential User (Customer) is a minor. Usage Data. Third-Party Data.
Employees / former employees of Flowwow	Provided Data: data of employees / former employees of Flowwow.
Job applicants who may be hired by Flowwow	Provided Data: details of job applicants who may be hired by Flowwow.
Natural persons who are or were independent contractors providing services to Flowwow	Provided Data: details of natural persons who are or were independent contractors providing services to Flowwow.
Representatives/employees of Flowwow’s counterparties	Provided Data: details of representatives/employees of Flowwow’s counterparties.
Parents of minors	Provided Data: details of a minor
Natural persons who contacted Flowwow to submit requests, messages, statements, complaints, suggestions using contact details or feedback tools	Provided Data: contact details and personal data; in rare cases, details of an identification document.
Natural persons participating in interviews, surveys, analytical and marketing research related to Flowwow’s operations	Provided Data: information required for interaction.
Visitors to Flowwow office spaces	Provided Data: information required for interaction.

Appendix 3. Purposes of and grounds for processing

Usage purpose	Data category	Legal grounds
Creation (registration), maintenance, and management of user accounts with the Service. Registration and subsequent authorisation with the Service, including the implementation of a seamless authorisation feature. Account identification in automated management systems, in particular CRM. Sending information messages and push notifications related to the operation of the Service (service messages).	Provided Data, Usage Data.	Performance of contracts and agreements
Entering into contracts/agreements with Users. Performance of contracts/agreements entered into with Users, including provision of services, payment for services/orders, fulfilment and management of orders, provision of data to third parties for order fulfilment, communications for the purpose of order fulfilment (providing information about order status; responding to requests, claims; support).	Provided Data.	Performance of contracts and agreements
Loyalty program membership.	Provided Data. Usage Data. Third-Party Data.	Performance of contracts and agreements
Exercising and securing rights, fulfilling obligations arising from employer-employee relationships.	Provided Data.	Performance of contracts and agreements and legal obligations.
Sending promotional/marketing messages. Providing targeted advertisements using cookies and other similar technologies.	Provided Data. Usage Data. Third-Party Data.	Consent
Organising promotional/marketing campaigns.	Provided Data.	Consent
Sending information about changes and amendments to terms and conditions, policies, agreements.	Provided Data.	Performance of contracts and agreements
Sending information about new products/services/features/functionality.	Provided Data.	Consent
Search and selection of job applicants who may be hired by Flowwow.	Provided Data.	Legal obligations and legitimate interests
Conducting research and surveys. Requesting and posting reviews.	Provided Data.	Consent
Development of new features, creation of new products/services and offers.	Provided Data. Usage Data.	Consent
Collection, processing, and presentation of statistical data and other research based on depersonalised Personal Data.	Provided Data. Usage Data. Third-Party Data.	Consent
Entering into, performance and termination of contracts with third-party independent contractors.	Provided Data.	Performance of contracts and agreements
Exercising activities provided for by the instruments of incorporation of Flowwow.	Provided Data.	Legal obligations
Prevention of unlawful activities, in particular fraud. Improving anti-fraud practices.	Provided Data. Usage Data. Third-Party Data.	Legal obligations
Assessing and improving the quality of services provided. Detection and prevention of technical problems of the Service. Managing the Service in the context of internal operations, including troubleshooting, data analysis, testing, research, statistics, and surveys. Maintaining the best possible level of operation of the Service. Maintaining the security and reliability of the Service.	Provided Data. Usage Data. Third-Party Data.	Contract performance. Legal obligations
Providing answers in legal, regulatory, arbitration procedures. Providing responses to requests for information received from government authorities or other third parties. Preventing harm as required by law.	Provided Data. Usage Data.	Legal obligations

Appendix 4. Third parties to whom we provide Personal Data

Category of third parties to whom we may provide data	Categories of data and purposes for providing data
Competent authorities	We provide and disclose Provided Data, Usage Data, and Third-Party Data. Personal Data is provided upon request and in accordance with the requirements of applicable law.
Sellers	We provide and disclose Provided Data of Customers in order for Sellers to fulfil their obligations under contracts/agreements with Customers.
Payment service providers and invoicing service providers	We provide and disclose Provided Data to payment service providers and invoicing service providers only if they request such data. If you do not use the services of payment service providers and invoicing service providers with the Service, we will not share Provided Data with them. We do not collect or store your bank card details. You provide this information to our Payment (incoming/outgoing) service providers and invoicing service providers. The way they use Provided Data for payment processing is governed by their privacy policies.
Data storage service providers	We store Provided Data, Usage Data, and Third-Party Data in data centres. The purpose is data storage.
Communication service providers	We provide and disclose Provided Data to communication service providers. The purpose is exchange of service text messages, service voice messages, sending email messages
Advertising platforms and applications	We provide and disclose Usage Data. The platforms we use for advertising allow us to optimise and display advertisements based on the Service usage data, i.e. by tracking Usage Data, including cookies. Purposes: (1) tracking the actions of Users (Customers) after they were redirected to the Service by following an advertisement link;(2) measuring the effectiveness of advertisements for the purpose of market research and gathering statistics, in particular to better understand and display advertisements and make them more relevant to Users (Customers).
Marketing and Analytics Platforms	We provide and disclose Usage Data, including cookies, for the purposes of web and mobile analytics and to personalise content available with the Service: for example, to offer you only those of our services that you may find relevant. Purposes: (1) tracking the Service traffic and the behaviour of Users (Customers) while they use the Service;(2) analysing the way Users (Customers) use the Service in order to improve its performance and manage the placement of advertisements based on interests and preferences.
Review aggregators	We transfer Provided Data for the purpose of requesting reviews related to the operation of the Service.
Buyers of the Company's business/assets	We provide and disclose Provided Data and Usage Data in connection with any merger, acquisition, sale of Flowwow's assets, financing, or acquisition of the whole or a part of Flowwow's business/assets by another company, or during negotiations related to any of the above
Affiliated companies	We provide and disclose Provided Data, Usage Data, and Third-Party Data to affiliated companies if so required to achieve the objectives set out in the Policy.
Other suppliers and partners	We may provide and disclose Provided Data, Usage Data, and Third-Party Data to other suppliers and partners with which we enter into contracts for the purposes set out in the Policy.

Appendix 5. Storage periods of Personal Data

Personal Data Subjects	Storage period of Personal Data
Customers, including minors	Throughout the entire period of use of the Service and for a period of 96 months from the date of the last use of the Service or the fulfilment of the last order, depending on whichever occurs later.
Sellers	Throughout the entire period of use of the Service and for a period of 96 months from the date of the last use of the Service or the fulfilment of the last order, depending on whichever occurs later.
Recipients	96 months from the date of fulfilment of the last order.
Potential Users (you sign up with the Service, but then do not use the Service)	96 months from the date of signing up with the Service.
Employees / former employees of Flowwow	Throughout the validity period of the employment contract and for 96 months from the date of its termination/expiration, unless a longer period is established by the effective legislation.
Job applicants who may be hired by Flowwow	96 months from the date of receipt.
Natural persons who are or were independent contractors providing services to Flowwow	Throughout the validity period of the contract and for 96 months from the date of its termination/expiration, unless a longer period is established by the effective legislation.
Representatives/employees of Flowwow’s counterparties	Throughout the validity period of the contract and for 96 months from the date of its termination/expiration.
Loyalty program members	96 months from the date of termination of the loyalty program membership.
Parents of minors	Same as the storage period of Personal Data of the minor.
Natural persons who contacted Flowwow to submit requests, messages, statements, complaints, suggestions using contact details or feedback tools	96 months from the date of cessation of communication with such a person.
Natural persons participating in interviews, surveys, analytical and marketing research related to Flowwow’s operations	96 months from the date of receipt.
Visitors to Flowwow office spaces	96 months from the date of receipt.

Flowwow Terms of Use

Follow the link to see the documents in Arabic:https://flowwow.com/l/terms-of-use-ar

اتبع الرابط للاطلاع على الوثائق باللغة العربية:https://flowwow.com/l/terms-of-use-ar

Section I: Terms

1. For the purpose of these Flowwow Terms of Use:

‘The Flowwow Service’ (the ‘Service’) means all pages of the website located at https://flowwow.com.tr/, as well as Flowwow Mobile Applications that provide access to a database of Items sold through the Service.

‘Website’ means all pages of the website located at https://flowwow.com.tr/.

‘Flowwow Mobile Applications’ means software (for mobile devices) on the Android and iOS platforms available for Users to download at https://flowwow.com.tr/downlApp/.

‘User’ means a legally capable individual using the Service to purchase Items/order Delivery of Items.

‘Personal Area’ means the User’s personal area in the Service associated with the User’s account in which the User can manage personal settings, view Order History, etc. A personal area is created for the User after signup for the Service.

‘Item’ means an object of sale and purchase (a thing), not withdrawn from the market and not subject to commercial restrictions, which is the subject of a purchase/sale/supply agreement concluded using the Service. The subject of purchase and sale/supply may be food or non-food Items about which information is posted on the Service.

‘Seller’ means a legal entity isting their Items for sale using the Service.

‘Order’ means the performance by the User of actions aimed at concluding an agreement for the purchase of Items and an Agreement for the Delivery of Items by placing an order directly through the Service.

‘Delivery’ means a service for the delivery of Items for which the User has placed an Order through the Service.

Self-pickup shall mean independent collection of an Order at a Seller's shop (without Delivery).

High Demand Days shall mean days when the Service experiences higher-than-normal workload, on which Users have additional options for Order cancellation. High Demand Days shall be determined by the Service.

‘Seller’s Gift Certificate’ (‘Seller’s Certificate’) means a tangible medium issued by a Seller containing an alphanumeric code confirming advance payment and giving a User/Recipient the right to purchase goods and/or services sold by the Seller in an amount equivalent to the nominal value of the Seller’s Certificate. The validity period of the Seller’s Certificate and the conditions for its use shall be indicated in the Service and may additionally be indicated on the Seller’s Certificate. Unless otherwise stated in the Terms/Services:

by purchasing and using the Seller’s Certificate, the User/Recipient enters into a direct contractual relationship with the Seller;
in purchasing the Seller’s Certificate, the User shall be guided by the provisions of the Terms governing the purchase of Items and/or services sold through the Service;

The Seller’s Certificate cannot be used to pay for Items and/or services sold by the Seller through the Service.

‘Support Service’ means a service that a Service User can contact for technical support to resolve a problem or for additional information on a matter of interest. The Service Support Service can be contacted:

via Chat;
by email at hello@flowwow.com.

‘Chat’ means a tool implemented in the Service for exchanging messages with the Support Service and the Seller, available in the Mobile Applications and on the Website pages.

‘Flowwow Terms of Service’ (the ‘Terms’) means this document, posted on the Internet at https://flowwow.com.tr/en/docs/terms-of-use/.

‘Flowwow’ means FLOWWOW - FZE, license number 17505 (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates)

2. Terms that are not defined in clause 1 of this Section of the Terms of Use may be used in the Terms of Use. In this case, the given term shall be construed in accordance with the text of the Terms of Use. In the absence of an unambiguous interpretation of the term in the text of the Terms, one should be guided by the interpretation of the term defined by the legislation of the United Arab Emirates or in the Service or generally used on the Internet.

Section II: General Provisions

1. By using the Service, the User is considered to have accepted the Terms in full, with no reservations or exceptions, and is also considered to have accepted in full, with no reservations or exceptions, the terms of:

the Privacy Policy, available on the Internet at https://flowwow.com.tr/en/docs/personal-data/;
the Cookie Policy, available on the Internet at https://flowwow.com.tr/en/docs/cookies/;
the Loyalty Programmes of the Flowwow service, available on the Internet athttps://flowwow.com.tr/en/docs/loyalty/;
The Flowwow Terms of Use, available on the Internet at https://flowwow.com.tr/en/docs/terms-of-use/.

If the User does not accept the Terms and/or the terms of the documents specified in this clause of the Terms, he or she must immediately stop using the Service.

2. The Terms of Service, as well as the documents specified in clause 1 of this Section of the Terms of Service, may be amended and/or revised by Flowwow unilaterally. The Terms of Service and the documents specified in clause 1 of this Section of the Terms of Service shall be open and publicly available documents.The effective editions of the documents are available on the Internet at: https://flowwow.com.tr/en/docs/terms-of-use/. Flowwow recommends that Users check these documents regularly for amendments and/or revisions. Continuing to use the Service upon introduction of any amendments and/or revisions to the Terms of Service shall mean the User has accepted and agreed to such amendments and/or revisions.

3. A failure by the User to familiarise themselves with the Terms of Service may not constitute grounds for any failure by the User to fulfil their obligations or any failure by the User to comply with the limitations set out in the Terms of Service.

Section III: Signup for the Service

1. To use certain features of the Service and/or to place an Order, the User must complete the registration procedure:

to use the Service through the Mobile Application, the User must:
- enter a phone number and other data indicated by the Service as required in appropriate fields;
- enter the verification code sent via a text message to the specified phone number in the appropriate field;
to use the Service through the website, the User must:
- click the ‘Login’ button and enter a phone number in the special field;
- enter the code received on the specified phone number in the special field for entering the code,
- place the first Order.

2. Signup for the Service is free.

3. Signup with one phone number is allowed only once. If the phone number specified during signup changes, the User must:

Register a new user account using a different phone number (in this case, the Order History and existing bonus points will not be saved)

contact the Support Service. The Support Service must be contacted from the User’s phone number specified during signup. The Support Service can be contacted for this purpose via Chat. In this case, the Order History and the existing bonus points will be saved.

4. After signing up for the Service, a user account shall be created and made available to the User.

5. Flowwow processes Users’ personal data in accordance with the Privacy Policy, available on the Internet at https://flowwow.com.tr/en/docs/personal-data/.

6. By signing up for the Service, the User agrees that Flowwow may send informational and advertising messages as well as service notifications including those related to Orders:

at the email address specified during signup

through calls/SMS/push notifications or otherwise to the phone number specified during signup and/or in the Order.

The User has the right to opt out of receiving informational and advertising messages by disabling the corresponding feature in the Service settings and/or following the instructions in the message received.

Section IV: Conditions for Users Purchasing Items/Ordering Delivery Solely for Personal, Family, Household, and Other Non-Business Needs

1. Placing an Order

1.1. A user places an order independently using the features of the Service.

1.2. When placing an Order using the Service, the User concludes contracts for the sale and delivery (by public offer) of the Items with the Seller, entering into direct contractual relations with the Seller from which he or she is buying the Items/ordering Delivery. All rights and obligations under the agreements concluded with the User arise directly for the Seller. Using the Service, Flowwow provides the User with information and consulting services consisting of the ability to:

select Items;
conclude an agreement for the sale of the Items and an agreement for the Delivery of the Items with the Seller;
pay for the Order (The Parties acknowledge that this Service is not a payment service and Flowwow is not a payment service provider.
receive notifications about Order status;
modify or cancel the Order.

1.3. By placing an Order, the User agrees that the Seller has the right to authorize a third party to deliver the Items while remaining responsible for the Delivery execution.

1.4. At the time of Order placement, the User is obliged to familiarise himself/herself with the following information available on the Service:

about the main consumer properties of the Item/conditions of provision of Services;
about the rules for the effective and safe use of the Item: https://flowwow.com.tr/s/flower-care/;
about the Seller’s full company name (name) and the Seller’s address (location);
about the place of manufacture of the Items;
about the price (including VAT and other taxes, if applicable) and terms of purchase of the Items, about the payment procedure;
about the price and terms and conditions for Delivery of Goods or Self-pickup of Goods;
about the service life, expiration date, and warranty period set for the Product (if applicable).

1.5. Information on the Service about the availability of Items is confirmed when the User places an Order and, due to the technical features of the Service, may change at the time Order placement.

1.6. When placing an Order, the User is obliged to indicate all the data necessary for the execution of the Order, including but not limited to the following:

their valid contact details and valid contact details of the Recipient of the Goods to the extent provided for by the Service;
in case of Delivery: address, date, and time of Delivery of the Goods. If the Goods are to be accepted by another individual other than the User, and at the time of placing the Order the delivery time and address are unknown, the User shall be obliged to specify a contact phone number of the Recipient for the Seller/Supplier to arrange the Delivery address and time;
in case of Self-pickup: the date and time of Self-pickup of the Goods.

1.7. Invalid and/or incorrect details provided for in clause 1.6 of this Section of the Terms of Service entered by the User shall constitute grounds for cancellation of the Order.

1.8. Flowwow has the right to block a User’s ability to place an Order in the event of repeated cancellation of Orders placed by the User and/or repeated refusals of the Items and/or a repeated failure to perform a Self-pickup and in the event of violation of these Terms. The blocking period shall be established independently by Flowwow.

1.9. The confirmation of the Order is the payment made by the User. The Seller shall accept the order for execution only after the User has fulfilled the obligation to pay.

1.10 The agreement with the Seller/Flowwow shall be considered concluded:

if the User pays for the Order using Google Pay—from the moment the User clicks the ‘Pay’ button;
if the User pays for the Order using Apple Pay—from the moment the User clicks the ‘Buy’ button;
if the User chooses a bank card to pay for the Order—from the moment the User clicks the button ‘Complete registration’ or ‘Order’.

The contract shall be considered concluded in electronic form under UAE Civil Code

1.11. By paying for the Order, the User confirms:

that he or she has been fully informed of and understands the information specified in clause 1.4. of this Section of the Terms;
agreement to all material terms of sale and Delivery and Self-pickup of the Items.

1.12. AAfter paying for the Order and submitting the Order details to the Seller / Carrier, the User cannot make any changes to the Order using the Service features. If the User wishes to make changes to the Order, the User shall have the right to contact the Seller / Carrier using the contact details specified with the Service or via Chat. In this respect, making changes related to the Order composition, date, time, or address of the Delivery, the Recipient's name, adding / making changes to message / greeting cards, shall be allowed until the Order status with the Service has changed to ‘Ready for delivery’ / ‘Photo before delivery’.

2. Order cost. Payment procedure

2.1. Possible payment methods for the Order at the time of Order placement are indicated on the Service. The method the User chooses from the available payment methods shall be considered the agreed payment method.

2.2. When payment is made for an Order using Google Pay/Apple Pay or by credit card, payment is made to the current account of Flowwow, which, in terms of accepting funds as payment for the Order, acts on behalf of the relevant Seller with the involvement of an authorized payment acceptance operator or electronic money operator and is the recipient of payment as a beneficiary. The User’s obligation to pay is considered fulfilled from the moment payment is confirmed by the credit institution serving the User. Flowwow and the Seller are not responsible for any additional expenses of the User related to the chosen payment method (including but not limited to foreign currency exchange). Flowwow does not store the User's banking data and has no access to them. The data necessary for making a payment is stored in an encrypted token that is transferred to the authorized payment acceptance operator or electronic money operator.

2.3. The Seller shall issue a Tax Invoice for the amount of the order independently under the legislation of the Seller’s country. It shall be transferred to the User at the time of delivery of the order (if the User is the Recipient) and/or can be sent to the User’s e-mail specified during Registration, if the User so requests. When placing an Order, the User is responsible to provide correct data to be specified in a Tax Invoice. If the User provides incorrect or incomplete data, the Seller is not obliged to issue a new Tax Invoice.

2.4. The User agrees that the personal data that the User provides to Flowwow when paying for an Order and/or for a refund can be transferred by Flowwow to credit institutions involved in the transactions in question.

3. Delivery and Self-pickup

3.1. The time and cost of Delivery of the Items for each Order are determined at the time of Order placement.

3.2. If, at the time of Order placement, the User has not specified a Delivery address, the Seller or Flowwow shall contact the User/Recipient to clarify the Delivery address. After clarification of the Delivery address, the Seller has the right to change the delivery cost indicated at the time of Order placement. The new shipping cost shall be agreed upon between the Seller and the User directly. If the User disagrees with the cost of Delivery, the User/Seller has the right to cancel the Order. A Seller shall deliver Items only within the country of its registration. A Seller has the right to limit its Delivery area independently. The possibility of delivering Items to the specified delivery address is displayed on the Service at the time of Order placement. Cancellation of an Order shall be carried out in the manner prescribed by clause 4 of this Section of the Terms.

3.3. If Delivery of Items was carried out within the time frame established by the contract but the Items were not transferred to the User/Recipient for reasons beyond the control of the Seller, the Seller has the right:

refuse to fulfil the Order. In this case, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller.The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates;
to re-deliver the Items on a new date agreed upon with the User, subject to the User's repeated payment of the cost of the Delivery of the Items.

3.3.1. If, at the time of Order placement, the User chooses to collect the Goods by means of Self-pickup, the User shall be obliged to pick up the Order within the time period specified at the time of Order placement. If the User does not perform Self-pickup of the Goods within the specified period, the User can perform Self-pickup by the end of the current day within the Seller’s business hours or within another time period specified with the Service (provided that the Self-pickup time period is extendable and within the Seller’s business hours). If the User does not perform Self-pickup of the Goods within the specified period, the User shall be considered to have refused to accept the Goods, and the Seller shall have the right to refuse to fulfil the Order unilaterally out of court, and the Order may be cancelled by the Service.

When performing Self-pickup, the User/Recipient shall provide the Seller with the Order pick-up security code. The User shall be solely responsible for keeping the Order pick-up security code confidential and for sharing it with third parties.

3.4. The risks of accidental loss or damage to the Items pass to the User/Recipient at the time of the transfer of the Items.

3.5. Upon receipt of the Items, the User/Recipient is obliged to inspect the Items and check them for compliance with the Order.

3.6. In the event of any claims regarding the Items, the User/Recipient has the right to refuse the Items upon receipt in the manner provided for in clause 4.3. of this Section of the Terms or to accept the Items and subsequently open a dispute in the manner provided for in clause 5 of this Section of the Conditions.

3.7. Users who place an Order that includes the purchase and/or delivery of Age restricted Items must be of legal age. This means that they must be at least the age stipulated by the local legislation applicable in the territory in which the User is placing the Order. By placing an Order for the age restricted Items, you confirm that you are at legal age.

If the Order contains age restricted Items, the Seller and/or the person delivering the Order has the right to verify the age of the User/Recipient based on the identification document (passport, ID or other document depending on the country).

In case of failure to present or absence of the identification document, or in case the age of the User/Recipient does not meet the age restrictions for the Item, the Item shall not be transferred to the User/Recipient. The delivery service shall be considered properly fulfilled and the User shall not be entitled to receive the refund for the delivery service. Also the User may be charged for redelivery to the Seller. Refunds for the Item shall be made in accordance with clause 4.5 of Section IV.

In those cases and cities in which the sale and/or delivery of age restricted Items (e.g. alcoholic drinks) is restricted during a particular time slot, it is the User’s responsibility to place Orders only during the times allowed under the applicable legislation. Flowwow and/or the Seller reserves the right to refuse the Order for the purchase and/or delivery of age restricted Items outside the permitted times.

4. Order Cancellation. Refusal of Items. Return of Items

4.1. The Seller has the right to cancel an Order:

if an Items is not in stock or if an Item to be delivered to the User is damaged;
if the User refuses the Order in accordance with the Terms;
if the User/Recipient evades receipt of the Items;
if the cost of the Order was indicated/displayed incorrectly due to a technical failure/for other reasons and the Seller was unable to contact the User and/or the User does not agree with the new cost of the Order, including the cost of Delivery;
in other cases provided for by the Terms or in other cases when the Seller is unable to fulfil the Order.

4.2. The user has the right to cancel an Order:

Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
After the Order status changes to ‘Ready for delivery’ / ‘Photo before delivery’, cancellation of the Order is not possible. In this case, the User shall be guided by clause 4.3 of this Section of the Terms;
if Delivery is scheduled on a High Demand Day (the Delivery date falls on a High Demand Day), the User shall be provided with an option to cancel their Order with status ‘Ready for delivery’/’Photo before delivery’ or ‘Courier on their way’ if the Delivery of the Goods is overdue for more than 2 (two) hours. Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
when choosing to collect the Goods by means of Self-pickup, after the Order status has changed to ‘Accepted’, Order cancellation shall only be possible by contacting the Service Support.

4.3. Refusal of Items by the User/Recipient:

at the time of accepting the Goods by means of Delivery or Self-pickup, the User may refuse to accept the Goods either in part or in whole. A refusal to accept the Goods shall be arranged by contacting the Service Support;
at the time of accepting the Goods by means of Delivery, the Recipient may only refuse to accept the Goods in whole.In this case, the Seller shall contact the User to arrange further actions. If the Seller was unable to contact the User within 10 (Ten) minutes, having made at least 3 (Three) calls, the Seller has the right to refuse to fulfil the Order. In this case, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates;
if the User / Recipient has refused to accept all the Goods listed in the Order, and such refusal is not associated with inadequate quality of the Goods, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates;
if the User has refused to accept a part of the Goods listed in the Order, a refund shall be issued to the User for the Goods they have refused to accept, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates.

4.4. Return of an Item by the User:

The return of Items of good quality is possible if their saleable condition and initial consumer properties are retained. The User shall not have the right to refuse an Item of good quality having individually defined properties;
A User wishing to return an Item shall make the said request in the manner provided for in clause 5 of this Section of the Terms;
The User shall return Items to the Seller using the details indicated on the Service. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of the United Arab Emirates.

4.5. Refunds shall be made to the User within ten (10) days after cancelation of the Order/the User/Recipient’s refusal of the Items. The funds must be returned to the same bank card with which payment for the Order was made.

5. Support for the Consideration of User Claims

5.1. Flowwow’s liability is limited to the liability provided as per the United Arab Emirates laws. Responsibility for the execution of the contract concluded between a User and a Seller using the Service and for the observance of other consumer rights is borne by the Seller unless otherwise expressly provided by the current legislation of the Seller’s country of registration.

5.2. The Service provides Users with the function of information support for the consideration of claims. This does not imply that Flowwow has the authority to satisfy the Users’ claims, including those related to the inadequate quality of Items. When providing such a function, Flowwow acts as a mediator.

5.3. Within three (3) days from the moment a Seller fulfils an Order, the User has the opportunity to settle any claim with the Seller through the Service. Upon the expiration of the specified period, the User will settle all claims directly with the Seller without the involvement of Flowwow unless otherwise provided by the current legislation of the Seller’s country of registration.

5.4. To file a claim through the Service, the User must:

evaluate the work of the Seller according to one of the criteria proposed by the Service, putting down 1 or 2 points;
choose what the claim is from the proposed options;
select the desired outcome of the resolution of the claim from the options offered or indicate another outcome of the resolution of the claim desired by the User;
describe in detail the circumstances that caused the claim and click the ‘Open dispute’ button.

5.5. Acting as a mediator Flowwow has the right to request information and documents necessary to decide on the claim from the User. The User’s failure to provide the requested information and/or documents may be grounds for deciding on the claim in favour of the Seller.

5.6. The term for an initial response to a claim with the participation of Flowwow as a mediator is up to three (3) days, subject to the timely provision of the requested information and/or documents by the parties. The term for making a final decision is up to ten (10) days from the date of provision of all the requested information/documents.

5.7. If any of the parties disagree with the decision of Flowwow, the dissenting party has the right to resort to other methods of protecting their rights provided for by the current legislation of the United Arab Emirates.

5.8. Notwithstanding the provisions of this Section, the User has the right to use other means of resolving claims provided for by the current legislation of the Seller’s country of registration.

Section V: Order Feedback Policy

1. Following the completion of the Order, the User has the right to leave reviews on the Service concerning the Items and/or the Seller and to attach photos of the Items.

2. The User has the right to change (edit) his or her reviews and delete them. The User can change (edit) reviews by contacting the Seller or the Support Service. The removal of reviews is carried out only by the User contacting the Support Service.

3. By posting any information on the Service, the User agrees that Flowwow can use messages and materials posted by him or her in its advertising or marketing materials made available on the Internet, as well as to attract the attention of other users to the Service or Items, with or without indicating the User's name, with no obligation to provide reports on the use of such messages and materials, and without the need to obtain special permission from the User and without payment of royalties, throughout the world with no time limit. Flowwow is also entitled to grant the said rights to use such messages and materials to third parties. If the User is not entitled to grant Flowwow the right to use any message or material in such a way, he or she must refrain from posting such message or material. The User is responsible for the accuracy of the information contained in the materials posted by him or her.

4. Flowwow has the right not to publish User information if it:

does not apply to the User’s Order;
does not contain information that would be useful to other users of the Service;
contains profanity, offensive statements, statements defaming the honour, dignity, and/or business reputation of Flowwow/Sellers and third parties;
contains links to other websites or materials that violate third-party rights, including intellectual property rights and means of individualisation.

5. Flowwow has the right to delete the User’s published information at any time. Flowwow has the right not to inform the User of the reason for refusing to publish the User’s information and/or deleting the User’s information.

Section VI: Other Terms

1. The user has the right to participate in the Flowwow loyalty programme under the conditions specified in the Flowwow Loyalty Programme posted on the Internet at https://flowwow.com.tr/en/docs/loyalty/.

2. If one or more provisions of the Terms are declared invalid or unenforceable for one reason or another, this shall not affect the validity or applicability of the remaining provisions of the Terms.

3. The Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Matters not settled in the Terms are subject to resolution in accordance with the legislation of the United Arab Emirates. All possible disputes arising from relations governed by the Terms shall be resolved in the manner prescribed by the current legislation of United Arab Emirates.

4. Flowwow does not guarantee the absence of interruptions in the operation of the Service due to technical malfunctions, maintenance, etc. However, it shall make commercially reasonable efforts to ensure the functioning of the Service around the clock.

5. Flowwow is not responsible for damage (direct or indirect) caused to the User or third parties due to the use or inability to use the Service and shall not compensate for such damage unless otherwise provided for by the current legislation of United Arab Emirates.

6. Flowwow is not responsible for any damage to the device or software of the User or another person caused or associated with the use of the Service or when clicking on the links posted on the Service unless otherwise provided for by the current legislation of United Arab Emirates.

FLOWWOW - FZE, Reg. No. DSO-FZE-16091, trade license 17505, (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates)

Date of publication 21.02.2024

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