Terms & Сonditions

Welcome to the Totimart terms and conditions of sale. These terms and conditions together with our Privacy Policy apply to any products that you may purchase from our website. Please read all of these terms and conditions carefully before you order any products because by ordering, you agree to be bound by them. If you do not accept these terms and conditions, you should not order any products from us.

  1. Saudi Arabia residents
  2. Your Personal Details
  3. Your Status
  4. Forming the contract
  5. Delivery
  6. Click + Collect
  7. Prices and Product Information
  8. Payment
  9. Discounts and Offers
  10. Cancellation, Refunds, and Returns Policy
  11. Our Liability
  12. General
  13. Customer Services

Saudi Arabia residents

1.1 Our website is intended for use by people resident to Riyadh, Saudi Arabia. We are unable to accept orders from people resident in any other countries.

Your Personal Details

2.1. You will need to register with us to order our products. You will also need to enter certain details such as your address/ confirm your address during the "checkout" process.

2.2. You will be asked to enter information such as your name, address and telephone number. You are responsible for ensuring that all of the information you provide to us is true and accurate.

2.3. To ensure that your credit, debit, POS is not being used without your consent, we carry out certain identity, credit and fraud checks, including validating the name, age and address and other personal information that you give to us during our registration and "checkout" process.

2.4. We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This issue is very important to us, so we have set out full details in our privacy policy.

2.5. You are responsible for keeping confidential your username, password and any other information relevant to your account to gain access to our website.

Your Status

3.1. By placing an order with us, you are confirming to us that:

  • you are a consumer and are not purchasing our products for any business purposes;
  • you are at least 18 years old; and - I believe this one shouldn’t be here?
  • you are resident on mainland Saudi Arabia

Forming the contract

4.1. The technical steps required to create a contract between you and us for the delivery of products are as follows:

  • You must select the products you wish to order and a delivery date (Click + Collect is also available) and one of the available hour time slots, and then go to our "checkout". (See FAQ’s for step by step guide for browsing through groceries)
  • You will be guided through the "checkout" process by a series of instructions. If you want to edit your shopping basket, you can do so on the ‘basket’ tab, then ‘see full basket’ and either remove or add to your quantity of items. Substitution notes should also be made on this page.
  • You place an order on our website by clicking the "Confirm Order" button at the end of the "Checkout" process.
  • We will send you an automated message which will be shown to you on our website immediately after you have placed your order.
  • You will also receive Text and Email confirmations of the order. It will contain details about your delivery/ Click + Collect such as the items ordered, time, date, and the receipt.

Delivery

For a guide on deliveries, please see our ‘FAQ’ page. You can also find the steps by clicking on the ‘Book Delivery’ tab located along the top of the website.

  • 5.1. We will confirm your booked delivery date and timeslot to you. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten and/or orders being left incomplete, and is part of our order confirmation process. Unless you have requested not to be contacted by text message, we may also send this reminder by text message to the mobile phone number you have given us when setting up your account.
  • 5.2. We will do our best to deliver your order to you in accordance with your booked delivery date and hour timeslot. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control such as traffic limitations. If that is the case we will try to contact you as soon as we are able to in order to reschedule your delivery timeslot and date.
  • 5.3. We will deliver to the address specified by you when you register with us. If you need to change or add a new delivery address, you can do so at any time through the ‘My Account’ feature on our website, then click on ‘Address book’. You must do so if you move home so that we can deliver to the correct address. We may restrict deliveries in certain areas or remove certain areas from our delivery schedule altogether but we will always make this clear to you during our "checkout" process. Any restrictions on deliveries of this type will not affect any existing orders.
  • 5.4. It is your responsibility to ensure that someone is available at your delivery address at all times during your booked hour time slot. We may require someone to sign for your order on delivery.
  • 5.5. We may request that the person taking delivery of your order provides us with identification to help us confirm they have permission to accept delivery of your order. This may include asking to see an item of your photographic identification (such as a national identity card or passport).
  • 5.6. If nobody is at home when we attempt delivery, or the person at home is unable to satisfy our identification requirements, we will try to contact you by telephone. If we cannot do so, we may leave the the groceries elsewhere with your permission, Please notify us with a note so the delivery driver can be notified of your instructions.
  • 5.7. For reasons of security and food safety, we will not leave your order unattended at your address. We will not normally agree to leave your order with anyone at another address such as a neighbour. However, with your permission or instruction we may leave your groceries elsewhere. If we do agree to do so, it is done at your own risk and we will not be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
  • 5.8. If your order is returned because we failed to deliver it to your delivery address within your booked hour timeslot, where we manage to make contact with you and agree a revised delivery date and time slot, we will redeliver your order to you at no additional cost.
  • 5.9. If your order is returned because of something within your control (for example, if there is nobody at your delivery address within your booked hour time slot to receive the order, and no note has been left with instructions for the delivery driver) we are entitled to charge you for the delivery charge for that returned delivery and the price of the perishable items contained in it. However, we aim to provide high customer satisfaction levels, by contacting customer services we should be able to deal with your request and come to an agreement for the order to be redelivered for a later time/date. Groceries will be kept in insulation from the heat and to keep them fresh.
  • 5.10. If you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
  • 5.11. Products are sold by other supermarkets and are subject to availability and prevailing market conditions. Customers should tick ‘Find suitable alternative’ for every product they’re happy to have substituted with an area to write a note, or the ‘Don’t substitute’ option for every item they would not like to be substituted. We will identify each substitute item to you on delivery. You cannot reject a substitution as the items cannot be returned, we will never deliver an item that hasn’t been listed by you in the substitutions area.
  • 5.12. We use a system for the pickers that ensures every product is the correct item. However, we are liable for the extremely rare mistake. You should check your order promptly on delivery. If your delivery is incomplete or includes products that you have not ordered, you must notify Customer Services promptly. We will not charge you for any products that you have not received or that you did not order except accepted substitutes.

Click and Collect

For a guide on Click and Collect, please see our ‘FAQ’ page. You can also find the steps by clicking on the ‘Click and Collect’’ tab located along the top of the website.

  • 6.1. If you chose to collect your order from a store, the time slot and store for collection will be agreed with you when you place your order.
  • 6.2. Please note that you will be unable to collect your order earlier than the agreed time slot. Should you arrive late, you may still be able to collect your order - please speak with the member of our staff at the dedicated collection point who will be able to assist you.
  • 6.3. Please bring your order number and the payment card you used to pay for your order (we will not be able give you your order unless you produce an appropriate form of identification. Such as national identity or passport.
  • 6.4. Whilst we make every effort to have your order ready for collection at the agreed time, there may be occasions where we haven’t due to circumstances beyond our control, we will not be liable if this is the case. However, by contacting customer services we should be able to deal with your request and make arrangements for your groceries to be collected.

Prices

  • 7.1. The price of the products and our delivery charges will normally be as quoted on our website as at the time you use them. There are some exceptions to this position however, as set out below. Occasionally, the products be even be cheaper than listed on the website which is the price you’ll be charged.
  • 7.2. If a product’s correct price is higher than our stated price, we will notify you when we deliver that product to you and you can choose whether you want to accept or reject the relevant product. If you reject the product we will not charge you for it and will return it at our own cost. If you accept it, we will charge the correct price.
  • 7.3. Our mobile app synchronises prices, discounts and promotions with those from our electronic product catalogue. However, our mobile app can only do this when you are connected to the internet. This means that, if you are using our mobile app to shop and add products to your basket when you are offline, the prices, discounts and promotions on our mobile app may not be up-to-date. When you place your order on the mobile app, your basket will be automatically updated with the correct prices, discounts and promotions before you check-out and we will send an email and a text to confirm the price of your order. If there is any discrepancy between the prices, discounts and promotions shown on our confirmation email, and those you saw on our mobile app, the prices, discounts and promotions on our email will apply. If you are not happy with any of the prices, discounts or promotions in our confirmation email, you can amend or cancel your order by contacting customer services.
Substitute prices
  • 7.4. If you accept a substitute product that we offer in place of a product ordered, we will charge you the price applicable at the time we pick your order for you. The price will be set out in the email and via text which we send to you to confirm that we have picked your order.
Product information
  • 7.5. The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.

Payment

  • 8.1. All payments will be taken within two days of delivery. Payment for all products must be by credit, debit or charge card. We also accept payment using vouchers that we make available to you electronically for use on our website totimart.com. We do not accept any other vouchers.
  • 8.2. Authority for payment will be requested from your card issuer when you place your order with us. This is done by "reserving" an amount of money against the card you have used for payment. The amount that is "reserved" will be decided by us, in our absolute discretion.
  • 8.3. The amount which is reserved is not spent by you until we "debit" your card with the full price of your order after delivery, but will not be available to be used for payment to other parties. If the order is cancelled, either by you or by us, then the "reservation" will be cancelled within 7 days of the order being cancelled.
  • 8.4. Please note that the full price of your order may be different from the checkout total shown on screen at the time of checkout. This is because some of the costs of the items may be less than initially listed, you’ll pay only the lesser amount. Your payment receipt will set out how the full price has been calculated.
  • 8.5. We reserve the right to terminate our contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. We will attempt to contact you if this is the case.
  • 8.6. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining full payment from you in the event a failed payment occurs. This may include an administration charge of up to SAR 20. We reserve the right at any time after a failed payment has occurred to ask a debt collection agency to assist in collecting payment from you.

Discounts and Offers

  • 9.1. We may offer discounts and offers from time to time at our discretion.. All discounts and offers are subject to the relevant products being available to us and in stock at the supermarkets when we pick your order for delivery/ Click and collect. We reserve the right to amend or terminate any discount or offer at any time without notice (but this will not affect any orders that we have already accepted, as set out in the ‘Forming a contract’ section.
  • 9.2. Discounts and offers will normally be made in the form of codes to be used against your order with us. Only one code can be used per order, and cannot be used in conjunction with any other discount or offer. All such codes are case sensitive.
  • 9.3. We will always stipulate an expiry date for a discount or offer, which may be linked to the date of acceptance or delivery of an order. In such cases, to qualify your order must be accepted or delivered before the relevant expiry date.

Cancellation, Refunds, and Returns Policy

  • You will find details for our Cancellation, Refunds and returns policy in our FAQ section. For further details please contact customer services using the email: totimart@totimart.com or by contacting us on the number 0000000000
  • 10.1. We are under a legal duty to supply products that are in conformity with this contract and each product is sold subject to its product description which can be found on the relevant page for that product.
  • 10.2. If you think that any product you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then in the first instance please contact Customer Services who will do their best to assist you. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues. (Such as a picture proof)
  • 10.3. We will refund to you the cost of any product affected by such issues, or we can replace the product. To receive a refund of an affected perishable product though, you must notify us of any such issues before the expiry of the "use by" or "best before" date stamped on the product.
  • 10.4. The guarantees provided above are in addition to your legal rights in relation to products that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
  • 10.5. Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Our Liability

  • 11.1 If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products and other losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.
  • 11.2. Nothing in these terms and conditions excludes or limits our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. liability which may not be limited or excluded by section 31 (1) Consumer Rights Act 2015;
    4. defective products under the Consumer Protection Act 1987; or
    5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  • 11.3. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General

  • 12.1. Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).
  • 12.2. Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
  • 12.3.We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).
  • 12.4. These terms are governed by Saudi Arabia law and you can bring legal proceedings in respect of the products in the Saudi Arabia courts.

Customer Services

  • 13.1 If you have any questions or complaints, please contact our Customer Services team on ‘0000000000’ between the hours of 8.00 am to 11.00 pm every day of the week.
  • 13.2. You can also email us via totimart@totimart.com
  • 13.3. Alternatively, please write to us at:
Customer Services Department
Totimart Supermarket KSA
1st floor - No. 1
Wadi Hagar - Almaqa
Riyadh KSA

Terms of use

Accuracy of the Content of Our Website

Please keep your username, password and any other information relevant to your access to our website and/or the creation of an account, confidential. You must not give this information to anyone (except where you have registered on behalf of somebody else in which case you may disclose the information to them only). We are the owner or the licensee of all intellectual property rights and data in our website. These rights are protected by laws and treaties around the world.

Except where permitted by applicable law, these terms of use, or otherwise set out on our website, you may not use such trademarks related to Totimart without our prior written permission.

Computer Viruses

We will try to ensure that our website is free of viruses, however, unfortunately due to the inherent risks associated with using the Internet we cannot guarantee that it is. It is your responsibility to protect your computer against viruses and ensure that you log off shared computers after using our website.

Breach of These Terms of Use

If we think that you have breached these terms of use, we may take such action as we consider appropriate in the circumstances, including, but not limited to all or any of the following actions:

  • we may close our website;
  • we may temporarily or permanently prevent you from using our website;
  • we may issue a warning to you;
  • we may take legal proceedings against you (and may seek reimbursement of all costs any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach of this policy on an indemnity (pound for pound) basis;
  • we may require that you return or destroy copies of materials you have made in breach of our terms of use; and/or
  • we may disclose such information to law enforcement authorities as we feel is necessary.