Welcome to Fotile.pk also hereby known as “we”, “us” or “Fotile”. We are the high-end kitchen appliances company and these are the terms and conditions governing your access and use of Fotile along with its related sub-domains, sites, mobile app, services and tools (the “Site”). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by Fotile Kitchen & Home Appliances (Pvt.) Ltd.
The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.
CONDITIONS OF USE
To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.
Please review our Privacy Agreement, which also governs your visit to the Site. The personal information / data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.
PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the Site is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice.
CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
LICENSE TO ACCESS THE SITE
We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of shopping for personal items and services as listed to be sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action
Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
Use the Site for illegal purposes.
Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
Interfere with another’s utilization and enjoyment of the Site;
Post, promote or transmit through the Site any prohibited materials as deemed illegal by The People’s Republic of Pakistan.
Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
Use the Site for illegal purposes.
to cause annoyance, inconvenience or needless anxiety
for any other purposes that is other than what is intended by us
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
CLAIMS AGAINST OBJECTIONABLE CONTENT
We list many products for sale offered by us on the Site and host multiple comments on listings. Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” objectionable content “), please notify us immediately by following by writing to us on firstname.lastname@example.org. We will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
TRADEMARKS AND COPYRIGHTS
Fotile.pk, Fotile logo, F for Fotile logo, Fotile (for love we do), Fotile Basics and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
THIRD PARTY BUSINESSES
Parties other than Fotile and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.
COMMUNICATING WITH US
When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
EVENTS BEYOND OUR CONTROL
We 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 statutory rights.
You acknowledge and recognize that we are a private Limited company and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
You may reach us here
52XX, Phase 3 Commercial, DHA Lahore
CONDITIONS OF SALE
Please read these conditions carefully before placing an order for any products with on the Site. These conditions signify your agreement to be bound by these conditions.
CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
- When you place an order to purchase a product, any confirmations or status updates received prior to the dispatch of your order serves purely to validate the order details provided and in no way implies the confirmation of the order itself.
- The acceptance of your order is considered confirmed when the product is dispatched to you.
- If your order is dispatched in more than one package, you may receive separate dispatch confirmations.
- Upon time of placing the order, we indicate an approximate timeline that the processing of your order will take however we cannot guarantee this timeline to be rigorously precise in every instance.
- We commit to you to make every reasonable effort to ensure that the indicative timeline is met.
- All commercial/contractual terms are offered by and agreed to between you and our respected company.
- The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
- We retain the right to cancel any order at its sole discretion prior to dispatch.
- We will ensure that there is timely intimation to you of such cancellation via an email or sms.
- Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames stipulated here.
- You confirm that the product(s) or service(s) ordered by you are purchased for your internal / personal consumption and not for commercial re-sale.
- You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the Site.
- We may cancel an order wherein the quantities exceed the typical individual consumption.
- This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption.
- What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of our and may vary from individual to individual.
- You may cancel your order at no cost any time before the item is dispatched to you.
- Please note that we sell products only in quantities which correspond to the typical needs of an average household.
- This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
PRICING, AVAILABILITY AND ORDER PROCESSING
- All prices are listed in Pakistani Rupee (PKR) and are inclusive of GST and are listed on the Site by us the product or service.
- Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page.
- Please note that this price may differ from the price shown for the item when you first placed it in your cart.
- Placing an item in your cart does not reserve the price shown at that time.
- It is also possible that an item’s price may decrease between the time you place it in your basket and the time you purchase it.
- We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site.
- As such, we reserve the right to refuse or cancel any order.
- In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed.
- If such a cancellation occurs on your prepaid order, our policies for refund will apply.
- We list availability information for products listed on the Site, including on each product information page.
- Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability.
- Please note that dispatch estimates are just that.
- They are not guaranteed dispatch times and should not be relied upon as such.
- As we process your order, you will be informed by e-mail or sms if any products you order turn out to be unavailable.
- In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.
- Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Refund & Promotional Voucher
- Refund voucher can be redeemed on our Website, as full or part payment of products from our Website within the given timeline.
- Refund voucher cannot be used from different account.
- Vouchers are not replaceable if expired.
- Each issued promotional voucher will be valid for use by a customer only once.
- Multiple usages changing the identity is illegal.
- Promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
- Promotional voucher may not be valid during sale or in conjunction with any special promotion.
- Voucher will work only if minimum purchase amount and other conditions are met.
- Fotile reserves the right to vary or terminate the operation of any voucher at any time without notice.
- Fotile shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any voucher or any failure or inability of a customer to use a voucher for any reason.
- Vouchers are not replaceable if expired.
Security and Fraud
- When you use a voucher, you warrant to Daraz that you are the duly authorized recipient of the voucher and that you are using it in good faith.
- If you redeem, attempt to redeem or encourage the redemption of voucher to obtain discounts to which you are not entitled you may be committing a civil or criminal offence
- If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/order and you agree that you will have no claim against us in respect of any rejection or cancellation.
- Fotile reserves the right to take any further action it deems appropriate in such instances
RESELLING FOTILE PRODUCTS
Reselling Daraz products for business purpose is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any and all applicable taxes as per prevailing law.
REPRESENTATIONS AND WARRANTIES
- This warranty is valid only if the warranty card is completed and returned to FOTILE dealer within 14 days from date of purchase.
- This warranty is effective for products purchased from authorized dealers of FOTILE.
- The warranty card is non-transferable.
- The customer will operate the equipment in the environment conforming to specification, following all operating and routine maintenance procedure specified in the documentation or user manual provided.
- The warranty is against defective parts and manufacturing faults only. FOTILE shall at sole discretion either repair the product or replace it with the equivalent product. FOTILE may use new and/ or reconditioned parts made by various manufacturers in performing warranty. In the case of repair or replacement, FOTILE shall own all the parts removed from the product.
- The customer shall not be allowed the product to be repaired by any party other than FOTILE’s appointed technician. Our technician has the right to impose service charge(s) to decline (deny or reject) repair of the product in the event the customer fails to present the warranty card when servicing is required.
- Warranty of Fotile Product is updated as follows.HOB: 3 years Burner warranty.One year spare parts warranty.
HOOD: 10 years Motor Warranty.
One year Spare parts Warranty.
Microwave Oven: 5 years Element Warranty
One year Spare parts Warranty.
Built in Oven : 5 Years Element Warranty
One year Spare parts Warranty.
- Damage resulting from normal wear and tear items (such as light bulb, filter, flexible hose, rubber gasket etc.).
- Damage on external finishing (discoloring after prolong usage), accessories, external, removable and/or breakable items (i.e. glass door, tray, burner grid, rotisserie kit, batteries, knobs, oil cup, end cap, evaporator pan, enameled/ chromes/ stainless steel surface/finishing).
- Damage resulting from the act of neglect or misuse or default or unauthorized service, transportation, improper installation, disassembly, alteration and modification by any unauthorized party.
- Damage caused directly or indirectly by acts of Government, strikes, lockout, fire explosion, attack of house hold pets, act of God, lightning, flood, pollution or any cause beyond the control of FOTILE dealer.
- Abnormal voltage or the use of a generator and/or used not in accordance to the instruction manuals.