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Terms of Sales

1.INTRODUCTION

 

1.1. The subject of this TERMS & CONDITIONS is to enable the Buyer to purchase for personal, family, household and other needs not related to business activities, the Goods presented in stationary stores and in the catalog of the website of the Online Store. This TERMS & CONDITIONS applies to all Goods and services presented in the Online Store, as long as such offers with descriptions are present in the catalog of the store's website and mobile app.

1.2. The Buyer is obliged to accept the Services and pay for the Services provided to the Seller in accordance with this TERMS & CONDITIONS 

 

2. GENERAL TERMS OF TERMS & CONDITIONS

 

2.1. The Seller sells the Goods through stationary stores and by ordering on the store's website at letoile.ae and in the corresponding mobile app. 

2.2. By ordering the Goods, the Buyer agrees to the terms and conditions of sale of the Goods set out below (hereinafter - Terms and Conditions of Sale of Goods). In case of disagreement with this public offer (hereinafter - TERMS & CONDITIONS), the Buyer shall immediately stop using the service and leave the site www.letoile.ae.

2.3. These Terms and Conditions of Sale of Goods, as well as information about the Goods presented in the stores of the chain and on the Website are a public offer.

2.4 The contract comes into force (is considered concluded) from the moment of registration on the website or in the mobile application

a) full corporate name of the Seller: Limited Liability Company "LETOILE EMTS TRADING L.L.C", location: Office No. 1-504, Dubai Festival City Mall Hotels (LLC) - Al Karama, Dubai, UAE

b) address, surname, first name, patronymic, contact telephone number and email of the Buyer or the person (recipient) indicated by him, address to which the Goods are to be delivered;

c) name, quantity and price of the Goods

 

3. REGISTRATION ON THE WEBSITE AND MOBILE APP.

 

3.1 Registration on the Website is carried out at letoile.ae or at the corresponding mobile app

3.2 Registration on the Website and mobile app is mandatory for placing an Order.

3.3 The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

3.4 The Buyer undertakes not to disclose to third parties the mobile phone number and one-time SMS passwords used to access the personal account on the website.

In case the Buyer suspects the security of his mobile phone number or SMS passwords being compromised or the possibility of their unauthorized use by third parties, the Buyer undertakes to immediately notify the Seller by sending a respective email message  from his personal cabinet or an e-mail to: [email protected].

3.5 The Buyer shall be responsible for all possible negative consequences in case of transfer of login and password or Private Account credentials including the transfer of one-time passwords to enter your personal account.

 

4. THE GOODS AND THE ORDER OF PURCHASE.

 

4.1 The Seller shall ensure that the Goods presented on the Website or mobile app are available in its warehouses or Stores. The accompanying photographs are mere illustrations of the Goods and may differ from the actual appearance of the Goods. The descriptions/characteristics accompanying the Goods do not claim to be exhaustive and may contain typographical errors. To clarify the information on the Goods, the Buyer should contact the Customer Support Service (e-mail or phone number placed on the Website or mobile app).

4.2 In case of unavailability of the Goods ordered by the Buyer in the Seller's warehouse, the Seller shall have the right to exclude the said Goods from the Order / cancel the Buyer's Order, notifying the Buyer thereof by sending a corresponding e-mail to the address specified by the Buyer during registration.

4.3 In case of partial or full cancellation of a prepaid Order, the cost of the canceled Goods shall be refunded by the Seller to the Buyer by the method by which the Goods were paid for.

4.4 The Buyer's order shall be placed in accordance with the procedures specified on the Website or mobile app in the "Help Center" section.

4.5 The Buyer bears the risk of unfavorable consequences for the provision of incorrect information, resulting in the impossibility of proper performance of the Seller's obligations to the Buyer.

4.6 After placing an Order on the Website or mobile app, the Buyer is provided with information about the details of the Order by sending an e-mail or\and sms to the address specified by the Buyer in his\her personal account. The manager servicing this Order specifies the details of the Order, agrees the delivery date, which depends on the availability of the ordered Goods in the Seller's warehouse or in the store selected for self-delivery, and the time required for processing and delivery of the Order.

4.7 The expected date of transfer of the Order to the Delivery Service shall be communicated to the Buyer by the manager servicing the Order during the control call to the Buyer or by e-mail.

 

5. GOODS AND THEIR DELIVERY

 

5.1 The methods and estimated delivery timeframes for Goods are specified on the Website in the "Delivery" section.

The specific delivery date and time may be agreed with the Buyer by the warehouse manager when confirming the order is ready, not the call center operator.

5.2 The territory of delivery of the Goods presented on the Site is limited to the United Arab Emirates.

5.3 Delays in delivery are possible due to extraordinary and unavoidable circumstances.

5.4 Upon delivery, the Goods shall be handed over to the Buyer or to a third party who has familiarized himself/herself with the sample of the Goods and is specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible for the above persons to receive the Goods paid for in cash, the Goods may be delivered to a person who can provide information about the Order (shipment number and/or the name of the Recipient) and pay the cost of the Order in full to the person delivering the Order. Partial redemption, i.e. rejection of a part of the Goods upon receipt of the Order, is not possible. You may only cancel the whole Order.

5.5 In order to avoid fraud and to fulfill the obligations set out in clause 5 of this TERMS & CONDITIONS, when delivering the Goods, the person delivering the Goods may request the identity document of the Payee and indicate the type and number of the document provided by the Payee on the receipt for the Order. The Seller guarantees confidentiality and protection of the Payee's personal data (Clause 9.3 of the TERMS & CONDITIONS).

5.6 Title to the Goods shall pass to the Buyer from the moment of delivery of the Goods and payment by the Buyer of the full price of the Goods.

The risk of accidental loss or accidental damage to the Goods shall pass to the Buyer at the moment of delivery of the Goods to the Buyer and the Order recipient's signature in the documents confirming delivery and familiarization with the sample. In case of non-delivery of the Goods, the Seller shall reimburse the Buyer for the cost of the Order and delivery prepaid by the Buyer in full after receiving confirmation of the loss of the Goods or their return to the Seller's warehouse from the Delivery Service.

5.7 The cost of delivery of each Order is calculated individually, based on the region and method of delivery, as well as (if necessary) the form of payment, and is indicated on the Web site or mobile app at the last stage of Order placement.

5.8 The Seller's obligation to deliver the Goods to the Buyer shall be deemed fulfilled at the moment of delivery of the Goods to the Recipient or receipt of the Goods from a representative of a courier company, including courier companies' self-delivery points or courier companies' terminals.

When receiving the Order from a courier company, the Payee, after paying for the delivered Goods, shall inspect the delivered Goods and open them in the presence of a representative of the courier company to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, as well as to check the service life of the delivered Goods and the integrity of the packaging. If there are any claims to the delivered Goods (non-delivery, attachment of Goods other than those specified in the description of the shipment, difference of the delivered Goods from the sample with which the Recipient has familiarized himself/herself, manufacturing defect, other claims), upon the instruction of the Recipient, the representative of the courier company shall draw up a Statement of Discrepancies signed by the Buyer and the representative of the courier company. If the Recipient has not made any claims in the above-mentioned manner, the Seller shall be deemed to have fully and duly performed its obligation to deliver the Goods. 

In case of return of the Goods delivered by courier company due to claims to the Goods, the Recipient shall attach the following documents to the shipment containing the returned Goods and undamaged consumer packaging:

Application for refund;

* a copy of the act on the identified discrepancies;

* a copy of the payment receipt;

* a copy of the description of the shipment;

* return form.

5.9 The Payee confirms by accepting and paying for the Goods that it has directly familiarized itself with the sample of the Goods before making the purchase. The Recipient confirms by accepting and paying for the Goods that he/she has directly familiarized himself/herself with the sample of the Goods before making the purchase.

5.10. The Payee shall familiarize itself with the sample of the Goods in any of the retail stores of the LETOILE network (addresses and opening hours of the stores can be found here letoile.ae/help/stores).

5.11. Upon acceptance of the Goods from the courier, the Recipient shall provide the number of the Order, inspect the delivered Goods and check their compliance with the declared quantity, range and completeness of the Goods, compliance with the sample of the Goods, as well as check the shelf life of the delivered Goods and the integrity of the packaging. If there are no claims to the delivered Goods, the Buyer shall sign in the documents of the transportation company and pay for the Order, unless 100% prepayment has been paid earlier No claims at the time of delivery indicates that the Recipient has no claims to the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.

5.12. The delivery date and time may be clarified by the warehouse manager who contacts the Buyer to confirm the order, not the call center operator.

 

6. PAYMENTS.

 

6.1. The price of the Goods is indicated in AED and includes value added tax.

6.2. The price of the Goods shall be indicated on the Website or mobile apps. If the price of the Goods ordered by the Buyer is incorrect, the Seller shall inform the Buyer to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, the Order shall be considered canceled. If the Order has been paid for, the Seller shall return to the Buyer the amount paid for the Order in the same manner in which it was paid.

6.3. The price of the Goods on the Website or mobile apps may be unilaterally changed by the Seller. The price of the Goods ordered by the Buyer shall not be changed.

6.4. Methods of payment for the Goods, restrictions on payment on the Website in the "Payment Methods" section - letoile.ae/help/payment-methods 

6.5. The Seller has the right to provide discounts on the Goods and establish a bonus program. Types of discounts, bonuses, procedure and terms of accrual are specified on the Website and may be unilaterally changed by the Seller.

 

7. RETURN OF GOODS AND MONEY

 

7.1 Goods of improper quality are goods containing defects. A defect of the Goods is their non-compliance with the mandatory requirements stipulated by law, or with the terms and conditions of the TERMS & CONDITIONS, or with the purposes for which the Goods of this kind are normally used, or with the purposes of which the Seller was informed by the Buyer when concluding the TERMS & CONDITIONS.

The received Goods must correspond to the description on the Site. The difference of design or decoration elements from the description stated on the Site is not a sign of improper quality.

7.2. The appearance and completeness of the Goods, as well as completeness of the entire Order shall be checked by the Buyer at the time of delivery of the Goods in accordance with clause 5.8 of this TERMS & CONDITIONS.

7.3. Upon delivery of the Goods, the Buyer shall put his signature in the delivery receipt, which confirms the fact of familiarization with the sample of goods, full completeness and no claims to the quantity and appearance of the goods. After receiving the Goods, no claims to external defects of the goods, their quantity, completeness and appearance shall be accepted.

7.4. If the Buyer has received the Goods of improper quality and the Seller has not agreed otherwise in advance, the Buyer is entitled to use the provisions of Article 12 of the Federal Law of the United Arabian Emirates dated Issued on 10/11/2020 № 15 "On Consumer Protection".

7.5. Claims for the return of the sum of money paid for the goods shall be satisfied within 14 days from the date of submission of the relevant claim.

7.6. The refund is made by returning the cost of the paid Goods to the bank card.

 

8. LIABILITY

 

8.1 Seller will do our utmost to ensure that availability of our Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to our Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Seller will attempt to limit the frequency and duration of any such suspension or restriction.

Seller will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using our Services.

Seller will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

 

9. CONFIDENTIALY AND PROTECTION OF INFORMATION

 

9.1. The Buyer's personal data is processed in accordance with Federal Decree Law № 45 of 2021 regarding the Protection of Personal Data.

9.2. When registering on the web site or mobile apps, the Buyer provides the following information: Surname, First Name, contact phone number, e-mail address, user type (local, resident, tourist). Date of Birth.

9.3. By submitting his/her personal data to the Seller, the Buyer agrees to their processing by the Seller, including for the purposes of promotion of goods and services by the Seller, as well as transfer of personal data to third parties engaged by the Seller to fulfill obligations to the Buyer under the TERMS & CONDITIONS. By entering into this TERMS & CONDITIONS with the condition of delivery of the Goods, the Buyer becomes a beneficiary of the Goods delivery services. The TERMS & CONDITIONS on delivery of the Goods to the Buyer is concluded by the Seller in the interests and at the initiative of the Buyer. The Buyer agrees to transfer personal data to the transportation company for the purpose of delivery of the Goods to the Buyer, and also agrees that on the basis Federal Decree Law № 45 of 2021 regarding the Protection of Personal Data the execution of a separate consent to the processing of personal data for these delivery purposes is not required.

9.4. The Seller uses the Buyer's personal data:

* for registration on the web site or apps and for loyalty program;

* to fulfill its obligations to the Buyer;

* to evaluate and analyze the work of the Site;

* to determine the winner of promotions held by the Seller.

9.5. The Seller has the right to send information, including advertising messages, to the Buyer's e-mail and cell phone with the Buyer's consent. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the Buyer about the order and its processing stages are sent automatically and cannot be rejected by the Buyer.

9.6. The Seller is not responsible for the information provided by the Buyer on the Site in a publicly available form.

9.7. The Seller shall be entitled to record telephone conversations with the Buyer. In this case the Seller undertakes to: prevent attempts of unauthorized access to the information obtained during telephone conversations and/or its transfer to third parties not directly related to the execution of Orders.

 

10. ADDITIONAL TERMS AND CONDITIONS.

 

10.1. The Seller may assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.

10.2. The online store and provided services may be temporarily partially or completely unavailable due to preventive or other works or for any other reasons of technical nature. The Seller's technical service has the right to periodically carry out necessary preventive or other works with or without prior notice to the Buyers.

10.3. The provisions of United Arabian Emirates law shall apply to the relations between the Buyer and the Seller

10.4. In case of questions and claims from the Buyer, he should contact the Seller by sending a message from his personal account, by phone, e-mail, or any other available method. The parties will try to resolve all disputes through negotiations, in case of failure to reach an agreement, the dispute will be referred to the judicial body for consideration

10.5. The invalidation by a court of any provision of this TERMS & CONDITIONS shall not invalidate the remaining provisions.

 

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