R&C SPAIN T C EN VERSION 1.4   22 12 2020

 

SPAIN RESERVE & COLLECT

 

TERMS AND CONDITIONS

1.Ownership of the Website

 

1.1.    Pursuant to the provisions of Article 10 of the Information Society Services and e-Commerce Law 34/2002 of 11 July (hereinafter known as “LSSI”), please be advised that the provider of the  website  https://www.shopdutyfree.com/en/ (hereinafter known as “Reserve & Collect”, the “Website” or the “Portal”), is World Duty Free Group, S.A.U. (hereinafter known as “WDFG”), a company of the Dufry group, with Spanish Tax Identification number A-84205863, listed on the Companies Register of Madrid under Volume 20644, Folio 105 and onwards, Page M-365571, with registered offices at Calle Josefa Valcárcel, 30 - ED Merrimack IV, 28027 Madrid, Spain and e-mail address: legal@dufry.com

 

2.Use of the Portal

 

2.1.    These are the Terms and Conditions controlling the access to and use of the Website https://www.shopdutyfree.com/en/ and, by using the Website, the user agrees to them and accepts the conditions (“Conditions”)  posted on the Website at any given time. Should any user not agree with these terms and conditions, he or she must stop using this Website. Users must read these Terms and Conditions carefully.

2.2.    Access to the Website is free of charge, except with regard to the connection cost via the telecommunications network supplied by the access provider contracted by the user.

2.3.    WDFG reserves the right to make changes and updates to the Website and its contents, configuration and presentation at any time and without the need for prior notice, including these Terms and Conditions. We therefore recommend you read them every time before accessing and browsing the Portal. WDFG also, at any given time, reserves the right to decide upon the continuity of the information society services provided via the Website.

2.4.    Users agree not to use the Website for fraudulent purposes, and not to behave in any manner that might damage the image, the interests and the rights of WDFG or of third parties. Users must use the Portal, the services and the contents included in it in a diligent, correct and legal manner. More specifically, Users agree to abstain from: suppressing, avoiding or manipulating the copyright and other data identifying the rights of its owners included in the contents of the Portal, and the technical protection devices or any information mechanism that said contents might include. Furthermore, Users agree not to take any action aimed at damaging, overloading or rendering the Website useless, or that prevents its normal use and operations in any way.

2.5.    Where users are in breach of these Terms and Conditions or where WDFG reasonably suspects that they are in breach, WDFG reserves the right to limit, suspend or terminate their access to the Website, adopting any technical measure required for this purpose. WDFG also reserves the right to decide, at any time, as to the continuity of the services it provides via the Portal.

 

3.RESERVE & COLLECT operations

 

3.1.    “Reserve & Collect” is available for all passengers travelling from Spanish airports on the Mainland, Balearic Islands and Canary Islands, where one of our stores is located that is taking part in this campaign. You can find the details of our stores and those offering this reserve & collect service on our Website.

3.2.    Payments for products reserved using “Reserve & Collect” are made when you collect the products in our store. Please see Clause 9 of these Terms and Conditions for further information on payment.

3.3.    Reservations may only be started and completed between one (1) month and twenty-four (24) hours prior to the date and time of departure. Reservations made outside this time shall not be accepted. Products that cannot be reserved due to time restrictions may be added to a wishlist for the future.

After making a reservation using “Reserve & Collect”, the user shall receive an e-mail ("Acknowledgement of Receipt e-mail") from us to confirm receipt of his or her request and allocating a number to the request. Please indicate this request number in all subsequent communications made with us in relation to your order. Remember that the Acknowledgement of Receipt e-mail is merely confirmation of your order and does not mean it has been accepted.

3.4.    When using “Reserve & Collect”, please make sure the details of the reservation are complete and precise before making your request. As part of the reservation process, you shall also be asked to provide certain information on your flight, such as the date, the airport of departure, the destination of your flight, and the time and flight number, as optional information. Please make especially sure that this information is precise, as we shall use it to determine the date and time of collection. If, after placing the reservation request, you realise that you have provided incorrect information or wish to change your reservation request, you may do so on the Website by accessing your account (if you chose a password when you placed your order). If you realise that you have provided incorrect information, you must cancel your request and make a new one. Alternatively, please contact our customer service team as soon as possible, using the contact details in Clause 18.

3.5.    The Acknowledgement of Receipt e-mail is not a binding offer and by making the reservation you are merely reserving the products for in-store collection, in accordance with these Terms and Conditions. You may cancel your reservation at any time.

 

4.Information on Products

 

4.1.    The descriptions, photographs, graphic and iconographic representations, and videos relating to the Products offered by WDFG on the Portal, and the trade name, brands or distinctive signs of any kind contained on the Website are used to provide the largest amount of information possible. However, Users must remember that they are for illustrative purposes and, therefore, are not all-inclusive.

4.2.    WDFG reserves the right to decide at any time on the assortment of products offered to Users via the Portal.

4.3.    WDFG also reserves the right to cease providing access to any of the products offered on the Portal at any time and without prior warning.

 

5.Product Availability

 

5.1.    Your reservation shall be automatically cancelled, and the products returned to the store for normal sale if the products are not collected within the 24 hours following the collection date indicated in your reservation.

5.2.    In order to guarantee the in-store availability of the products included in promotions, there may be restrictions to the number of certain promotional products that can be reserved, which under no circumstances shall be in excess of 5 units of a give product.

5.3.    Product availability varies according to the store, and the data on the products available for reservation (wherever Reserve & Collect is operational) are displayed on said Website.

5.4.    Whenever products are collected, we reserve the right to restrict the number of a certain product that we sell to you.

5.5.    The products shall become your responsibility once you have collected them and shall become your property once we have received full payment.

 

6.Restrictions on certain products

 

6.1.    You must be of legal age to use our RESERVE & COLLECT service and, therefore, to purchase our products. On making your reservation, you are therefore guaranteeing that you are of the age required to make the purchase. We are not legally permitted to supply these restricted products to minors. If you are a minor, please do not attempt to reserve these products. You or anyone appointed by you may be asked to provide proof of your age on collecting the products.

6.2.    All reservations are subject to applicable customs and/or duty-free or duty-paid regulations. You are responsible for adhering to customs regulations. If you reserve a number of products that is in excess of that indicated by the appropriate customs regulations, you might be asked to purchase only the number of products within the limits established by applicable customs law. You can find more information on customs regulations at Customs Allowances  

6.3.    You must show a valid boarding card and pay for your products when you collect them, otherwise your reservation shall be cancelled, and you shall be unable to purchase the products. We reserve the right to refuse to sell products that are not available for purchase in relation to the destination indicated on your boarding card.

6.4.    If, for any reason, you are unable to pass through airport security in the departures area, we shall be unable to complete your reservation and it shall be cancelled.

6.5.    Please remember that, given the customs regulations, we are not authorised to delivery products pending payment to an alternative address outside the boarding lounge of the appropriate airport, and products can only be collected from the designated collection point in each airport.

 

7.Prices

 

7.1         We make every reasonable effort to ensure the prices of the products are correct and up to date. However, should you find an error in the price of the products reserved, please refer to the following points of this clause in relation to this case. Product prices may vary, but these changes shall not apply to any reservation we have confirmed, in accordance with Clause 3.

7.2.        Our Website includes a wide range of products. Despite our reasonable efforts, it is always possible that some of the products on our Website are incorrectly priced. If we find an error in the price of the products you have reserved, we shall attempt to inform you in writing, giving you the option of continuing with your reservation for the products at the correct price or cancelling your reservation. We shall not reserve the products until we receive your instructions.

7.3.        Please remember that, if the price error is obvious and unmistakable and might have been easily recognised by you as price fixing, we are not compelled to offer you the products at the incorrect (lower) price.

7.4.        We reserve the right to make changes to the product prices at any time. However (except when the changes are because the prices indicated are incorrect), said changes shall not apply to the reservations successfully made that have been confirmed by e-mail.

7.5.        “Reserve & Collect” guarantees the best price on the purchase of our products. If, when you collect the products, any one of them that has been reserved is included in a promotional offer or has been reduced in store on the day of collection, you shall be charged the lowest of:


(a) the price of the promotional offer or discount; or


(b) the price indicated in the confirmation e-mail.

This only applies to products that have been reserved on this Website and shall not apply to any products added to the shopping basket in the  airport store.

7.6.         Special offers, promotions or discounts advertised on the Website shall only apply to the products reserved through “Reserve & Collect” on the dates indicated or until end of stocks.

 

8.Faulty products

 

8.1.    As a consumer, you are protected by Spanish consumer laws on product guarantees, particularly the Consolidated Text of the Law for the Defence of Consumers and Users and any amendments thereto.

8.2.    Nothing in these Terms and Conditions can affect your legal rights as a consumer.

 

9.Payment

 

9.1.    The purchase of products concludes once the products have been collected and paid for by the customer in the store.

9.2.    We accept various currencies for in-store payments. If you wish to pay in a different currency to the Euro (€), the exchange rate for the currency in which you wish to pay shall be determined in line with our in-store conditions.

9.3.    Should you prefer to pay by credit or debit card, of those we accept in our store, remember that your card provider might charge you fees / commissions at different exchange rates.

9.4.    You must enter your card details when confirming your order for it to be guaranteed. Any expenses involved in preparing the order shall be payable by the customer.

 

10.Exchanges and returns

 

10.1.                     If you are not happy with a product you may return it under the conditions indicated in our exchange and returns policy that can be found at Returns and Refunds

 

11.Security.

 

11.1.     Users shall be solely responsible for the use and non-disclosure of the username, e-mail verification and password provided or selected for their use of the Website. It must not be shared with or transferred to third parties. We must be informed immediately of any unauthorised use of the username or password or any other security breach regarding the Website.

 

12.Modification of these Terms and Conditions.

 

12.1.   We reserve the right to modify these Terms and Conditions at any time. These changes shall apply once they have been published on our Website and Users are responsible for reading the Terms and Conditions whenever they use this Website.

12.2.   The Terms and Conditions in force at any given time shall apply to each reservation made.

12.3.   Continued use of our Website implies your acceptance of and compliance with the Terms and Conditions in force

 

13.Personal Data Protection and Cookies Policy.

 

13.1 Any personal information you provide when you use our Website shall be processed and used according to our Privacy Policy (link). By using our Privacy Policy, you agree to this processing and to the terms thereof.

13.2 Like other internet portals, the Website uses a technology known as “cookies” to collect information on the way in which the Website is used. For further information on how the Company uses cookies, please read the Cookies section of the Privacy Policy (link).

 

14.Intellectual and Industrial Property.

 

14.1.   The intellectual property rights on the provision of the contents of the Website (including the sui generis database right), its graphic design (look &feel), the distinctive symbols (brands and trademarks), the underlying computer software (including source code) and the different components of the Portal (texts, graphics, photographs, videos, etc.) are held by WDFG/Dufry. Where applicable, it has the right to use them and, to this end, they are protected by current intellectual and industrial property law.

14.2.   Use of the Website by the User in any manner involves the transfer of no intellectual and/or industrial property right on the Portal, its contents and/or the distinctive signs of WDFG/Dufry. To this end, by way of these Terms and Conditions and except in cases where it is legally permitted, Users are expressly forbidden from reproducing, transforming, distributing, publicly communicating, providing, extracting and/or reusing the Website, its contents and/or the distinctive signs of WDFG.

14.3.   The reproduction of elements or contents of the Website for a profit or for commercial purposes is expressly forbidden.

 

15.Limitation of Liability

 

15.1.   Users acknowledge and accept that use of the Website shall remain at their entire risk and liability at all times and, therefore WDFG cannot be held liable for the incorrect or undue use of the Portal. To this end, it shall only be held liable for any damage incurred by Users from use of the Website where said damage is due to our intentional acts.

15.2.   More specifically, WDFG shall not be held liable for:

  • the contents of the linked sites included on the Website. To this end, the terms included in Section 16 of these Terms and Conditions shall apply.
  • the Website might house advertising or sponsorships. Under no circumstances shall WDFG be held liable for the imprecision, falsity or irregularities contained in the material from advertisers or sponsors.
  • any damages and loss of any kind caused to the User's computer equipment due to viruses, computer worms, Trojans or any other harmful element. Users acknowledge that use of the internet involves a risk of their computer equipment being affected by the aforementioned elements. To this end, Users are responsible for using the appropriate tools to detect and delete harmful software. Please consult with your internet access service provider for more information on solutions to suit your needs.
  • any damage and loss of any kind to the User arising from faults or cuts in the telecommunications networks that lead to the suspension, cancellation or interruption of the Website service while or before it is in use. To this end, Users acknowledge that access to the Website requires services provided by third parties not controlled by WDFG (for example, telecommunication network operators, access providers, etc.), whose reliability, quality, continuity and operations do not correspond to WDFG.
  • illegal, harmful or immoral contents, uses and good practice that are the responsibility of third parties.

 

16.Links

 

16.1.   The Website may include linked technical devices that enable Users to access other sites and internet portals (hereinafter known as “Linked Sites”). In these cases, WDFG acts as an intermediation service provider according to Article 17 of the LSSI and shall only be responsible for the contents and services provided on the Linked Sites when it is effectively aware of any illegality and has not disabled the link with the due diligence. Should Users consider there to be a Linked Site with illegal or inappropriate contents, please inform WDFG at hola@dufry.com. Under no circumstances shall this notification involve the obligation to remove the corresponding link.

16.2.   The existence of Linked Sites does not imply that WDFG is effectively aware of the services and contents thereof in the case of illegality, nor that it has the necessary agreements with the controllers or owners of the Linked Sites. The existence of these links does not imply any recommendation, promotion, identification or conformity by WDFG with the statements, contents or services provided on the Linked Sites. As a result, WDFG is not responsible for the contents of the Linked Sites or for their conditions of use and confidentiality policies and Users are solely responsible for verifying and accepting them whenever they access and use them.

16.3.   Users and, in general, any individual or legal entity wishing to establish a link from its page or site to the Portal must obtain the prior, written authorisation of WDFG. The establishing of said link under no circumstances implies the existence of a relationship between WDFG and the owner or holder of the site or page where it is established, or the acceptance or approval of WDFG of its contents or services.

16.4.   WDFG reserves the right to forbid or cancel the links to the Website at any time, especially in cases of illegal activity or contents on the page or site in which it is included.

 

17.Force Majeure

 

17.1.   WDFG shall not be held liable for any breach of or delay in meeting any of our obligations under these Terms that is due to an event out of our control or to Force Majeure.

17.2.   For the purpose of this clause, Force Majeure means any act or event outside our reasonable control, including but not limited to strikes, lock-outs or other union activism by third parties, due to a shortfall by the provider or delay, civil unrest, disturbances, invasion, terrorist attack or the threat of a terrorist attack, war (declared or not) or the threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or the failure of the public or private telecommunications networks.

17.3.   In the event of Force Majeure leading to a breach of our obligations in virtue of a contract between you and us, we shall inform you as soon as reasonably possible.

 

18.How to Contact Us?

 

18.1.   Should you have any questions about your reservation, your account, or the details of your order, please refer to the FAQ pages or, should you have any complaints, contact our Customer Service Team on 900-252423, if you are calling from Spain, or (34) 912742200, if you are calling from abroad, at hola@dufry.com or by post to WDFG SA, Customer Service, C/ Josefa Valcárcel 30, 28027, Madrid- Spain.

 

19.General

 

19.1.   We reserve the right to transfer our rights and obligations under these Terms to another organisation.

19.2.   Any contract executed according to these Conditions is made between you and WDFG. No third party shall be entitled to demand compliance with any of its terms. Access to, navigating around and use of the Website and, where applicable, the use or contracting of the products or services offered on it shall be the sole, exclusive responsibility of the user.

19.3.   Failure to demand compliance with any obligation does not imply the waiving of the right to request it at a later date.

19.4.   These General Conditions and any other matter relating to the use of the services that company provides via the Website shall be governed by Spanish law. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly included. In order to solve any disputes and waiving any other applicable law, the parties, at their discretion, are subject to the local Courts and Tribunals of the user.

19.5.   Should any of the provisions of these Terms and Conditions is declared null and void, it shall be withdrawn or replaced. Said declaration of nullity shall not affect the validity of the remaining provisions included in these conditions.

 

World Duty Free Group, S.A.U. 2020

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