Terms & Conditions
Al Futtaim Trading Company (L.L.C), trading as KIABI – A partner of Al Futtaim Trading Company (LLC), a company incorporated in United Arab Emirates, having its registered office in PO Box 7880 Dubai, UAE or any subsidiaries or affiliates thereto, as the case may be (Al Futtaim), operates and maintains this Website and other Al Futtaim Websites that are linked to this site (collectively 'the Websites') and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Website (collectively 'Content'), for the use of its customers, employees and members of the general public but only for the lawful purposes described below. Such content is provided by Al Futtaim as a convenience to its customers and to the general public.
We also occasionally have links to third party sites. Kindly note that the content of such third party sites are not under our responsibility and we are not responsible with regards to the content or accuracy of material on such sites. Please note that you follow such links entirely at your own risk.
1. ACCEPTANCE OF CONTRACT TERMS: JURISDICTION
2. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
The Website is controlled and operated in whole or in part by Al Futtaim from its offices within the UAE. By accessing the Website you agree that the laws and regulations of the UAE and the Emirate of Dubai without regard to conflicts of laws principles, will apply to all matters relating to use of the Website, and you agree that any litigation shall be subject to the exclusive jurisdiction of the Courts of Dubai, UAE. Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. Al Futtaim makes no representations as to the appropriateness or availability of the Website Content for use in any jurisdiction other than were the Product is legally sold, as a result of the applicable laws or norms therein. Al Futtaim disclaims any liability in relation thereto and reserves the right to amend or remove any Content that it may deem at its sole discretion as being contrary to local norms, culture, morality or violates any prevailing rules or regulations and to suspend or terminate your use of the Website if it deems appropriate. In using the Website, the confidentiality of the account details including password is solely your responsibility. Al Futtaim shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
3 COPYRIGHT AND RESTRICTIONS ON USE OF CONTENT
While Al Futtaim provides the information on this Website to anyone, we retain copyright on all text and graphic images. You acknowledge, having been advised by Al Futtaim, that the Content is protected in the UAE and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively 'Rights'). In addition to Al Futtaim’s Rights in individual elements of the Content, Al Futtaim or its licensors own a copyright in the selection, coordination and arrangement of the Content.
The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Al Futtaim a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however Al Futtaim desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.
Al Futtaim will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Al Futtaim is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content. You agree that any User Content submitted by you to the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Al Futtaim does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant Al Futtaim the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify Al Futtaim and its affiliates for all claims resulting from any User Content you submit. Al Futtaim and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
4. PRICING AND LIMITATION ON SCOPE OF CONTENT
The Website contains information and promotional programs. The products described in this Website contain market specific specifications and are offered for sale in that particular Market. The promotional programs if any described in this site are available only in the markets where they are conducted as specifically referred to within the description of the program.
The price information contained in or provided through the Website is for information purposes only and does not constitute any offer to sell the products concerned. Your order via the website shall constitute an offer, which shall remain subject to the acceptance of Al Futtaim. Prices and availability are subject to change without prior notice. For dealers’ products, the actual prices and terms and conditions of sale will be determined by the authorized distributor/dealer of the Products concerned.
Al Futtaim reserves the right, at its sole discretion, to limit the quantity of products purchased, per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
5. CONTRACT TERMS
All products/services and information displayed on this site or any Al Futtaim websites, constitute an "invitation to offer". Our “acceptance” of your order will take place upon dispatch of the product(s) ordered for home delivery orders and after picking the product(s) for Click & Collect orders. We strive to ensure the accuracy of the product and pricing information within the website, however there may be pricing or typographical errors. In such an event where a product is listed at an incorrect price or with incorrect information, Al Futtaim has the right, at our sole discretion, to refuse or cancel any orders placed for that product up until dispatch for any reason. You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. In the event that a non-delivery occurs on account of wrong name or address or any other wrong information entered by you, the extra cost incurred for redelivery shall be claimed from you.
All transactions are conducted in local currency to the markets where products are sold. When using a credit card supplied by banks other than those in that local market, the amount on the credit card (or debit card) bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited. Please click here to check the website’s payment information under FAQ.
The Parties agree that that in the event of Value Added Tax (VAT) being levied or introduced by the Government Authorities in the jurisdiction where the Vendor is incorporated and/or Tax Resident, the Vendor reserves the right to charge VAT at the prevailing VAT rate (as applicable) in respect of any supply as mentioned in this Agreement. The Purchaser shall pay the amount of any such VAT as an addition to the invoice value. The Vendor shall provide to the Purchaser the documentation as required by the VAT Legislation to permit the Purchaser to claim an input VAT deduction on their VAT Return.
6. TRADEMARKS AND SERVICES MARKS
Al Futtaim and other trademarks, such as products and service names found on the Website (collectively the 'Trade Marks') are owned by Al Futtaim, its associate companies, suppliers, business associates or third parties and registered in the UAE and/or elsewhere or unregistered. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website, without the written permission of the Trademark owner concerned. The Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of Products on the Website, without prior, written permission of Al Futtaim.
7. PRIVACY, SUBMISSION AND COLLECTION OF INFORMATION
There are instances where Al Futtaim requests personally identifiable “information” from the Website users to provide them with a service or correspondence (promotions and mailed brochures). This information, such as name, mailing address, e-mail address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data by Al Futtaim and is used to fulfil your request. Although Al Futtaim makes every effort to ensure the secure collection and transmission of sensitive user information using industry accepted data collection and encryption methodologies. Al Futtaim does not guarantee the security of any information transmitted to or from the Website or data gathered from the usage of the Website. The information you provide and the data gathered is used by Al Futtaim to improve the services we provide you. You hereby grant Al Futtaim an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute any information you send, and agree that Al Futtaim is free to use any ideas, concepts, know-how or techniques that you send Al Futtaim for any purpose.
8. PROHIBITED CONDUCT
You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree (i) not to use the Website to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt the Website or any networks connected to the Website; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Website or any transactions being offered at the Website; (iv) not to use the Website to collect or export personal information, including, without limitation, financial information, about other participants at the Website; (v) not to use the services, products associated with the Website for illegal purposes, and (vi) to comply with all regulations, policies and procedures or networks connected to the Website.
9. DISCLAIMER OF WARRANTY
Al Futtaim does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other Websites linked to or from the site. The content of the site is provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, Al Futtaim disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of third party rights revisions.
10. APPLICABLE LAW
11. VAT TERMS
Effective 1 Jan, 2018, the UAE Government has introduced Value Added Tax (VAT) at a standard rate of 5%. Al-Futtaim complies with this mandate and VAT is applicable to most goods and services, including our delivery, installation and warranty charges.
All prices and services on the website are inclusive of VAT.
For all orders, customers are provided with tax invoices. Customers can also request for their tax invoice by calling Customer Support. For more information on the VAT regulation, you can visit the UAE Government Federal Tax Authority website: https://www.tax.gov.ae
Last updated: March 1, 2018