Terms and Conditions

TERMS AND CONDITIONS OF MУDUTYFREE.NET SERVICE USE

These terms and conditions of use (further – "Conditions") define the legal relations arising from the use of the website https://mydutyfree.net / (further – Website) as well as the mobile application MyDutyFree (further – "Application"), which together and separately are an online-display of duty-free shops located on arrival at Chhatrapati Shivaji Maharaj International Airport, Mumbai, as well as at international airports Boryspil, Kiev (Zhulyany), Danylo Galitsky (Lviv), Heydar Aliyev (Baku), Minsk (further – "Services", "Service", " MуDutyFree").

Please read these Conditions carefully before using the Services.

These Conditions apply only to the shop located on arrival at Chhatrapati Shivaji Maharaj International Airport, Mumbai

Please note that when using the Services, you agree to abide by Conditions. If you refuse to comply with these Conditions, then you cannot use the Services offered.

This website’s advertising policy is compliant with Ukrainian advertising law as well as with international media and communication standards. Please note that when using the Services, you accept our advertising policy.

The actual use of the Website and / or the Application for the selection of goods will be considered as the acceptance of these Conditions and granting consent to process your personal data.

1. About us and our services

“MуDutyFree” LLC, founded by MYDF HOLDING LTD (registration number HE 358175), is the owner of the Website, as well as MуDutyFree service online display.

The purpose of the provision of our Services is to make potential customers of our partners able to view the range of goods sold in the duty free shops owned by our partners.

You can find detailed information about the Services below.

2. Our services

MуDutyFree is an online display service helping to save time and money.

The Services we offer allow to learn about the product range and select the goods sold in the aforementioned duty free shops for futher purchase (hereinafter referred to as “Partner shops”, “Duty free”).

It is worthwhile to remember that the Service is for demonstration purposes only, which means that it is an online display of Partner shops. Goods and their descriptions are placed for information purposes.

We also offer extra Services, such as informing users about the changes in Conditions of purchasing goods, presented in an online display.

To use the Service, pre-select goods via our Website or Application. By the date you specified on the website when you will be departuring, the goods from your pre-order will be ready for you at MyDutyFree cash desk in the duty-free shop at the airport which you chose.

Time restrictions of making a pre-selection: at least two hours before the departure, the maximum period is 14 days prior to the departure.

The contract for the purchase of goods is between you and the corresponding Partner Shop.

The Partner Shop granted us the right to assist in concluding such a contract, but we are not a party to the contract. This means that you will not be buying the goods directly from us.

Further information on goods, Partner shops and the contract between you and the Partner Shop is provided below.

3. Our responsibility

If we violate the Conditions when providing our Services to you, we are liable for the resulting losses / damages in accordance with the current legislation of Ukraine. Please note that the possible amends limited to the value of the customer’s transaction

4. Special considerations when purchasing goods in duty free stores

Duty free is a system of selling goods in retail stores, located in special areas at airports. Such sales are free from some taxes and fees, which objectively allows to lower the price of the goods.

Please be advised that Duty free goods can be sold only to those who have passed customs and border control, and are definitely departing from the territory of the country or regional economic and customs organization where such shop is located.

The goods purchased in the Duty free shop are then to be exported from the territory of the country where such shop is located.

5. Goods and quality.

We try to be as exact as possible while describing the goods displayed in the Service.

However, for the reason that all our goods descriptions are based upon the information received from the open sources provided by brands and manufacturers, we do not guarantee that all the descriptions are exact, full, reliable and error-free.

Therefore, it is the customer’s sole responsibility to check the goods from their order before they pay and collect it.

Images of the goods displayed on the Website are provided for demonstration purposes.

We do not allow Partner shops to provide damaged goods or goods of substandard quality to be displayed on the website.

6. Pre-order, purchasing and collecting goods

The pre-order of Duty free goods is done through MyDutyFree service (using the website or mobile application) by clicking the “To shop” button, adding items to the shopping cart of the customer passenger and confirming the order.

You can place a preliminary choice not later than 2 hours before your departure.

After adding items to the shopping cart on the web-site of our Partner (mumbaidutyfree.net), completе the pre-order form and confirmе the order.

After you click “To shop” button on a product page you will be redirected to the web-site of our Partner — Mumbai duty free (mumbaidutyfree.net) where you will be able to checkout.

Registration on mumbaidutyfree.net is required.

Please note that your pre-order will be processed not by Mydutyfree but by the Partner company.   We do everything we can to ensure the best customer experience, but since we do not provide the service directly, we cannot guarantee that no errors will occur.

Pre-order option applies to goods, available for viewing in an online display.

Only users registered in MyDutyFree Service can select the goods. Therefore, before you start working with the Service, we recommend a sign-up (creating a personal account).

After confirming your order, you will receive an e-mail with the price of the corresponding product (s) or information about them being out of stock.

You will find the Mydutyfree cash desk on the arrival at Chhatrapati Shivaji Maharaj International Airport.

Be sure to check whether the goods in your order are the ones you have pre-selected!

Then you can pay for and collect your purchase.

Duty free shops accept all major currencies: Indian rupee INR, EUR, USD.

The prices for goods are indicated in Indian rupee only, payment in other currencies is carried out at the official exchange rate of these currencies set on the day of payment.

Also all major credit cards are accepted for payment: Visa, Master Card, American Express.

Attention:

The price for the selected item may change on the day of the flight.

That is why the price of the item is determined on the day of the flight.

Due to the fact that the goods placed on our display can be in a limited quantity in the store and in stock, they may not be available when you place your order.

Therefore, if the order is made less than a day before the departure, there is a slight risk that MyDutyFree may not be able to contact you in time in order to report the absence of a product.

Only those promotions and discounts are applicable to products selected through MyDutyFree service, information about which has been placed on the Service's resources.

Discounts are not granted for the goods of following brands: Chanel, Dior, Apple, Samsung, Beats, Bose and some others. Such goods are tagged as "No Discount" items on the Website and in the Application.

Discounts and promotional codes are not added up.

Default discount rate

When making a pre-selection of goods through our Service you will receive a default 10%-discount, which is the reduction in the price of goods at the time of payment in the Duty Free Shop.

8. Our website

The current paragraph defines the rules you must follow while using the Website (whether for the purpose of selecting goods or browsing).

While using the Website, you agree to obey the corresponding rules. If you don’t agree with the

Conditions, you can't continue using the Website, and you must immediately leave it.

Access to the website

Access to the website is free of charge. You are responsible for following all the Conditions, necessary to get access to the Website. You must also make sure that all the persons who have access to the Website using your internet connections, are aware of the Conditions and abide by them.

Access to the Website is available on a temporary basis and does not include the commercial use of the Website or its contents. You don’t have the right to reproduce, copy and/or use the Website for commercial purposes without our written consent.

We retain the right to close or change the Website without warning, restrict access to all or specific sections of the Website. We are not responsible for the inability to use the Website for any reason.

When you visit the Website and/or place an order, you contact us via e-mail, and agree that all the notifications, agreements, announcements or any other information sent via e-mail (on our behalf or on the behalf of the Partner shop) have the same legal force, as their written analogue.

Your responsibilities

You have no right to use the Website in a way that could cause or become a potential reason for the failure to access the Website, its damage or any functional deterioration.

You must understand that you are responsible for any electronic communications and the contents sent from your computer. You must use the Website only for legal purposes.

You have no right to use the Website:

In an illegal or fraudulent way, or for illegal or fraudulent purposes.

Send out or use any materials that are: (i) illegal, obscene, insulting, indecent, discrediting, improper or threating and/or (ii) violate a copyright, trademark rights, confidentiality or any other rights, and/or (iii) represent any other way to harm third parties and/or (iv) become harmful and/or (v) including viruses, political propaganda, illegal advertising, chain letters, mass distribution or any other “spam”.

Any actions causing harm, annoying or provoking unnecessary concern or discomforting any other person, may serve as a reason to ban your access to the Website.

Please, comply with the legislation while using the Website. If you are suspected of any illegal actions, we retain the right to inform law enforcement authorities and reveal your personal data.

References

We appreciate you giving reference to our Website, but it must be done in an honest and legal way that will not harm our reputation and will give you an illegal advantage.

We retain the right to ban the use of references/links to our Website at any time, and if we demand to delete a corresponding reference to the Website, you must fulfill the requirement immediately.

On our Site we can place information about goods and their assortment that are sold in duty-free shops and are not our official partners, but information about which is contained in the public domain or information about which we received from our Users.

By placing this information on our Site, we are primarily guided by the best interests of our Users and potential customers to familiarize them with the widest possible range of products. At the same time, we will definitely mark the references to the official website of the owner of this content.

Please note that by placing references to sites and resources of third parties, we do not pursue any commercial purpose. We do not receive money for advertising and dissemination of information from other sites; we provide references absolutely free of charge for informational purposes.

Placing references to sites and resources of third parties is carried out for informational purposes on our Site. We are not responsible for the content of these sites or resources (for example, the presence or absence of goods, the relevance of prices, promotions, etc.), therefore such references should not be considered as the ones approved by us. We are not responsible for any damage or loss that may result from using them.

In case of any claims or suggestions regarding the provisions set forth in this subpart "References", you can send a letter to the email address: info@mydutyfree.net

Our responsibility

We may update or change the contents of the Website at any given time at the request of our Partner (DFS). Please note that this entails that any information on the Website may be out of date at any given time. The contents of the Website are provided for general reference so that the customers can learn about the product range of our Partners (DFS). We do not offer any guarantees either directly expressed or implied that the Website or any of its contents are accurate, comprehensive and up-to-date since items are purchased by the Customer directly from our Partners (DFS) and information on the goods may change.

We are not liable to you or any other users for the damage or material loss that can result from: (i) use, or the impossibility of using of the Service; or (ii) use and reliability of any contents of the Service.

We are not liable to you or any other users for the damage or material loss that can result from: (i) use, or the impossibility of using of the Service; or (ii) use and reliability of any contents of the Service.

Please be advised that the service is only for home and personal use, and, therefore, we are not responsible for the possible material loss, business loss, termination of commercial activity or any other lost commercial opportunities.

Conditions of the use of MyDutyFree mobile application are the same as mentioned in this paragraph.

9. Privacy and personal data storage policy

We collect, store and use your personal data in accordance with national legislation and standards of international law in the field of information security.

We collect, store and use personal information with the permission of the user. We provide the user with access to the personal information that we store, and we provide the ability to change and delete information at any time through the personal account or upon request to our support team.

We only collect and process the minimal amount of personal data required for providing the Service.

We collect and store the following information:

Personal data, cookies, and usage data:

• referral source, utm-tags
• operating system, browser type and version, IP address
• country, city, language preferences
• gender, age, name, surname
• phone number, email address
• tokens for push notifications
• data available from social networks when it is linked to the account (avatar, etc.).

Special:

• actions (view history, additions to favorites and shopping cart, search queries, filters applied, order history, etc.)
• answers from questionnaires, actions associated with additional functions (lotteries, referral systems, etc.)
• airport, date and time of departure
• history of email and phone notifications
• history of chat bot correspondence and technical support operator correspondence

The statistical information that we collect (for example, information about the session duration) is stored in an impersonal and encrypted form.

The information is used by us for the purpose of providing the Services, confirming the identity of the user, timely notifying the user of the forced changes in the conditions for providing the Service, for conducting marketing research and activities.

In order to provide the Services, we can transfer personal data to third parties.

The data is transferred to third parties in an encrypted form - to the partners of the Service, as well as to the services that operate the working process of the Service.

Only the minimum amount of information necessary to ensure the provision of the Services is transferred.

List of partners and services:

• Google Analytics, Yandex Analytics, MixPanel
• authorized locations - cash desks in the stores where customer service is provided
• Belavia, S7, Natalitours, Ural Airlines
• the exchange of user personal data takes place in the process of interaction with external social networks and platforms like Google+, Facebook, Instagram, Twitter, VK

We collect cookies that are required for Service functioning and providing the Services. Cookies are stored in an encrypted form and are deleted as soon as there is no need for them.

Please note that EU citizens who are under the age of 16 cannot use the Service.

We take all reasonable steps to maintain the appropriate level of security during the use of our Service. An authorized employee of our company is responsible for ensuring the protection of the information.

We do not transfer personal information to unauthorized third parties and do not store unauthorized copies of data.

In case of revealing the leak of data, we inform the user and the authorized authorities about this leak within 72 hours.

Using our service, you must agree to our use of your personal data. You guarantee that the information provided is true.

If you do not agree to provide information that is necessary for us to provide the Services, you may not use the Service.

Please note that if you voluntarily place your personal data online in an unprotected environment - for example, in a blog comments, this information can be collected and used by third parties outside our control.

• The right to request for access to your personal data and information about how we use your personal information.
• The right to correct your personal data if it is not fully specified or contains inaccuracies.
• The right to remove your personal data we store in full or partially at any time.
• The right to withdraw the consent to the processing your personal data by us in full or partially. Exercise of this right will not mean the illegality of any of our procedures with your personal data, which were carried out on the basis of your previously granted consent.
• The right to send a complaint related to the processing of your personal data by us directly to any local branch of the supervisory authority.

Read more in the Privacy Policy section.

10. Policy of canceling or changing a pre-order of items from an online display, additional selection of items

You can cancel your pre-order through your Personal profile.

Also for cancellation or change of the pre-order of goods you can write to our e-mail customer support at support@mydutyfree.net about desired changes to you order.

Please bear in mind that the number of items in the duty free store is limited, and if you add new items to your selection later than a day before departure, they may not be available. In this case, our manager will contact you.

You can additionally purchase goods not indicated in your pre-order at our Service's website, directly in the duty-free shop before your departure, adding them to items from your pre-selection. In this case, the discount you received on the goods, selected via the Service, will apply to the entire purchase (with the exception of good listed as promotional and products of some brands not allowed for discounts – «No discount» goods).

11. Consent to receive electronic notifications

The user, confirming the order of goods on the service's website – mydutyfree.net, automatically grants their consent to receive information about news, events, changes, etc to e-mail and / or SMS-messages.

12. Other important information

Independence of the Conditions’ provisions – each provision and paragraph of the existing Terms and Conditions is considered to be valid on its own. If, in compliance with the decision of the court or any other institution a provision or its part will be ruled illegal or inexecutable, other provisions and parts continue bearing legal force.

Disclaimer – if you violated the Terms and Conditions and we have not done anything about it or we are postponing taking measures, it doesn’t mean that we resign our rights, and we still retain the right to protect our legal interests. If we decide not to hold you accountable, we will do it exclusively in written form and it does not mean that we automatically refuse to hold you accountable in the future.

Applicable law and jurisdiction – the existing Conditions are drawn up in compliance with the legislation of Ukraine. If there are any disputes and disagreements concerning the provisions of the Terms and Conditions, they are to be solved in court at the respondent’s place of registration according to the applicable law of the country of the respondent’s place of residence.

Force majeure circumstances – neither we, nor our partner shops are responsible for any kind of non-compliance with the Terms and Conditions, delay in the Conditions’ execution, breach of any other of our obligations if such a delay is the result of invincible obstacles.

Force majeure circumstance include acts or events, such as natural disasters, wars, terrorist attacks, embargos, disorders, strikes, lockouts, trade dissidences, fires, floods, earthquakes and other natural catastrophes, breakages, severe weather conditions, transport problems, government actions or the breakage of common or private telecommunications.

Complaints – we follow a certain system of processing complaints, according to which we try to handle and solve controversies as soon as they arise. Please, let us know if you have any complaints or comments.