Term & Conditions
Al-Futtaim Trading Company L.L.C trading as Marks & Spencer PLC, M&S, or any subsidiaries and affiliates thereto of the Al-Futtaim group (collectively “Al-Futtaim” “we”, “our”, “us”) maintains this mobile application (the “Website”). This includes all the Platform’s information, communication, software, scripting, photos, texts, videos, graphics, music, sounds, images, other materials and services (collectively ‘Content’). Our Content is provided as a form of convenience for its visitors, customers, employees and the public (collectively “user”, “users”, “you”, “your”, “yours”).
- Acceptance of contract terms: Jurisdiction
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.
- 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. 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
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 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.
- 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 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. For certain distributor’s products, the actual prices and terms and conditions of sale will be determined by the authorized distributor 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 orders placed by same registered account, the same credit card or orders that use the same billing and/or shipping address.
- Contract terms
All products/services and information displayed on this Website 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. 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 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.
- Trademarks and services marks
Al-Futtaim and other trademarks, such as those of brands, products and service names 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.
- 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.
The “Information” will be dealt in accordance with our Privacy & Security Policy. Please go through our Privacy & Security Policy available on the Website.
- 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.
- Disclaimer of warranty
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.
- Disclaimer of liability
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.
- Applicable law
- 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. 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 Care at 04 425 1815. For more information on the VAT regulation, you can visit the UAE Government Federal Tax Authority website: https://www.tax.gov.ae