Terms & Condition

In exchange for accessing, browsing and/or using the Website, you agree to be bound by these terms and to comply with all Applicable laws and regulations, including without limitation UAE Federal Law No. 40 of 1992 concerning the Protection of the Intellectual Work and Rights of the Author and the Implementing Regulations thereof. The Website can only be used by persons who can form legally binding contracts under Applicable law. AL Futtaim reserves the right to terminate your registration and refuse to provide you with access to the Website if Al Futtaim Trading LLC discovers that you are incompetent to contract under Applicable laws. The Website cannot be accessed by persons whose registration has been suspended or terminated by Al Futtaim for any reason whatsoever. Those who choose to access this Website from outside the United Arab Emirates are responsible for compliance with local laws if and to the extent local laws are applicable.

Al Futtaim will deliver the products only within the jurisdictions where the product is legally sold by Al Futtaim and will not be liable for any claims relating to any products ordered from outside those jurisdictions. You represent that you have the legal authority to accept these Website Terms of Use on behalf of yourself or any party you represent. Use of the Website is unauthorized in any jurisdiction that does not give effect to these Website Terms of Use, including without limitation this paragraph.

In order to make purchases or use some of the services or features on the Website you will be required to create an account or otherwise provide information about yourself that is true, accurate, current and complete in all respects including your name, address, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct.

In order to make purchases on the Website you will need to have been issued a valid credit/debit card by a bank acceptable to us and have authorized us to process a charge or charges on your credit/debit card in the amount of the total purchase price of the products you purchase. Payments can also made using bank transfers. To secure your product, a portion or full advance payment of purchased product may be required.Products purchased by you must not be re-sold for or used for commercial purposes. Further, we reserve the right to restrict multiple quantities of a products from being shipped to one customer or postal address.

When placing an order through our Website, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any products in your online shopping bag are not reserved any may be purchased by other customers until your order is complete and accepted by us.

When you submit an order to us through the Website you agree to do so expressly subject to these Website Terms of Use and our Return and Exchange Policy current at the date you submit your order. You are responsible for reviewing the Website Terms of Use and Return and Exchange Policy every time you submit an order.

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. Al Futtaim disclaims any liability in relation to its Content 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 your 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.

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. By accepting these Website Terms of Use you acknowledge, having been advised hereto by Al Futtaim, that the Website content and accompanying text and graphic images are 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.

You are hereby granted permission to access the Content from the Website in whole or in part, (and except where otherwise specified or provided by Al Futtaim , print a single copy of the information for your own personal use) but only for purposes of viewing and browsing through the Website or ordering products or services from the Website. You are also hereby granted permission to store files on your computer for your own personal use and to reference hypertext documents on the Website from your own documents solely for your personal use for the purpose of viewing or browsing the Website or ordering products or services from it. All the aforementioned permissions shall terminate automatically if you breach any of these Website Terms of Use.

Al Futtaim is not granting you any permission to use the Content other than as expressly stated in these Website Terms of Use. All other use of Content from the Website, including, but not limited to modification, publication, transmission, participation in the transfer of sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Website, reproducing the Website (whether by linking, framing or any other method), ‘mirroring’ the Website or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Al Futtaim’s prior express written consent.

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 as is otherwise authorized. 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 license 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 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 cause ill-repute to Al Futtaim 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 these Website Terms of Use 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 libelous 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.

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 official 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. The actual prices and terms and conditions for sale of TOTO products are determined and agreed upon with TOTO Global.

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 orders placed by same registered account, the same credit card or orders that use the same billing and/or shipping address.

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 or after you pick up 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.

By making an offer to purchase products, you expressly authorize us, when deemed necessary, to perform credit checks and transmit or obtain your credit card information to or from third parties to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions. Payment for products can be made via the payment methods specified on the Website from time to time.

All transactions are conducted in the local currency of the market 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 and you agree that we shall have no liability for such price fluctuations or charges. Please click here to check the website’s payment information under FAQ.

In the event of Value Added Tax (VAT) being levied or introduced by government authorities in a jurisdiction where products are sold or where Al Futtaim is incorporated and/or a tax resident, Al Futtaim reserves the right to charge VAT at the prevailing VAT rate (as applicable) in respect of any supply of products or services . You shall pay the amount of any such VAT as an addition to the invoice value.

Al Futtaim and other trademarks, TOTO, found on the Website (collectively the ‘Trademarks’) 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 express written permission of the relevant Trademark owner. The Trademarks may not be used in any way, including in advertising or publicity pertaining to the Products or the Website, without the prior written permission of Al Futtaim.

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.

The “Information” will be dealt in accordance with our Privacy & Security Policy. Please go through our Privacy & Security Policy available on the Website.

You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, 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.

Al Futtaim does not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Website or the Content or the content of any other websites linked to or from the Website. The content of the Website is provided “as is” without warranties of any kind either express or implied and you agree that your use of it is at your own risk. 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 warranty related to violation of third party rights with respect to the Website, the Content, the Privacy & Security Policy or any products, merchandise or services available on the Website or your use of the Website, its Content, or any products, merchandise or services available on the Website.

Al Futtaim may revise or withdraw the Content, in whole or in part, at any time without notice. Al Futtaim may at any time revise these Website Terms of Use by updating this posting. By using the Website, you agree to be bound by any such revisions and you explicitly agree to periodically visit this page to determine the then current Website Terms of Use to which you are bound. You agree that use of the Website without periodic review of the Website Terms of Use shall be at your own risk.

To the fullest extent allowable under Applicable laws, Al Futtaim hereby disclaims any and all liability for any losses, damages, costs, or expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential loss or damages, loss of data, loss due to a virus, loss of income, loss of profits, or other loss of or damage (including costs and expenses) of any nature whatsoever (even if we have been advised of the possibility of such losses or damages), arising out of or in connection with the Website, the Content, the Privacy & Security Policy or any products, merchandise or services available on the Website or your use of the Website, its Content, or any products, merchandise or services available on the Website.

These Terms of Use and the relationship between you and Al Futtaim will be governed by the laws of the United Arab Emirates, Al Futtaim and You hereby agree to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.

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

1-Year warranty is applicable on all TOTO products. The 1-year warranty is subject to the following terms & conditions:

• Manufacturer’s warranty (“M Warranty”) is applicable as per terms and conditions provided by the manufacturer inside the packaging of the product and will commence from the date of purchase mentioned on the invoice.
• M Warranty terms will be as provided by the manufacture/principal supplier of the product purchased and Al-Futtaim is a facilitator only.
• M Warranty becomes invalid if the product has been opened or tampered with by an unauthorized person or unauthorized service center.
• Invoice and warranty card must be retained in order to claim under the M Warranty.
• M Warranty is applicable within limits of UAE only, unless specified by the manufacturer.
• If the M Warranty offered is for more than 1 year, then Al-Futtaim TOTO warranty will continue after the M Warranty period is over for a total period of not more than 5 years including the M Warranty.

• Al-Futtaim TOTO liability under the Al-Futtaim TOTO Warranty is limited to repairing/replacing of defective products only. The Al-Futtaim TOTO Warranty does not cover any losses and damages caused directly or indirectly by the products.
• Collection & delivery of faulty products will incur a charge of AED 100 and is only within Abu Dhabi, Dubai and Sharjah – for items below AED 5,000.
• If the product is not repairable, Al-Futtaim TOTO will either refund or replace the faulty Product as it may in its sole discretion decide.
• Refunds will be in the form of Gift voucher to be redeemed at Al-Futtaim TOTO and the value of such gift voucher will be calculated at 75% of invoice value for the 3rd and 4^th quadrant of warranty period
• A replacement product will only be provided once the cause of damage has been determined and can be concluded as owing to mechanical failure and not having been caused by negligent use by the purchaser and/or any third party, nor has been damaged on purpose. The replacement product will be a refurbished product of same or similar specification and value.
• Replacement products may take up to 30 business days.

The Al-Futtaim TOTO Warranty DOES NOT extend to:

• Damage, defects and/or faults caused by negligence, misuse, accidents and other natural disasters or fault owing to deviation from recommended use of the products and or poor installation of the product, unless such was installed by an Al-Futtaim representative.
• Damage, defects and/or faults caused by negligence or mishandling of product.
• Damage, defects and/or faults caused by abnormal voltage or in-coming power supply from a generator or fluctuations.
• Damage, defects and/or faults caused by chemical reaction, excessive heat, excessive dust or corrosive surroundings.
• Normal wear and tear
• Products which have been opened up, repaired or tampered with by unauthorized third-party agents.
• Items without sales invoice and valid M Warranty.

For the avoidance of doubt, Al-Futtaim TOTO acting reasonably reserves the right to reject any Al-Futtaim TOTO Warranty claim at its discretion.

• Online promotional offers are available till stocks last
• No refunds, returns or exchanges on purchase of items under promotions

• Delivery only covers shipment of product, installation is not included
• Delivery for in-stock items will take 72 hours after payment confirmation
• Delivery for out-of-stock items will take between 14-16 weeks