Terms and Conditions of MyDutyFree service at Down Town Duty Free shop Madrid

These terms and conditions (further – “Conditions”) define legal relationship, which take place as the result of the use of https://mydutyfree.net/ website, as well as MyDutyFree mobile application, which are collectively and separately referred to as an online display of duty free shops, including Down Town Duty Free shop Madrid.
Please, acquaint yourselves carefully with the existing Conditions before you start using the Services.
These Conditions apply only to the shop located at Calle Zurbaran 30, Madrid, Spain.
Please note that if you use the Services, you agree to follow the Conditions. If you decline to follow these Conditions, you are forbidden to use the offered Services.
Actual use of the Website and application in order to select goods will be considered as the acceptance of the existing Conditions and agreement for the processing of 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 our Services is to make potential customers of our partners aware of the range of goods realized in separate duty-free shops.
You can find detailed information about the Services below.
 
2. Our services
MуDutyFree is an online display service that allows you to save your time and money.
The Services we offer allow you to be aware of the range of goods and select the goods in the mentioned duty-free shops for the further purchase (hereafter referred to as “Partner shops”, “Partners”, “Duty-free”).
It is worth to remember that the Service only fulfills a demonstrative function, which means that it is an online display of Partner shops. Goods and the goods descriptions are placed for information purposes, and not for pre-sale or booking of goods.
We also offer extra Services, such as informing users about the changes in Conditions of the displayed goods purchase.
It is easy: pre-select goods in Duty-free shops using our Service, and they will be waiting for you at MyDutyFree pickup point at the selected airport.
It is important for you to understand that purchase agreement is committed between you and a corresponding Partner shop.
The partner shop has provided us with the rights for cooperation in order to commit such an agreement, but we are not the agreement party. It means that you do not purchase goods directly from us.
Further information about goods, Partner shops and the agreement between you and Partner shop is described below.
 
3. Our responsibility
If we break the Conditions while providing Services, we are responsible for the resulting material losses/damage in compliance with the existing legislation of Ukraine.
 
4. Specifics of goods purchase in Duty-free shops
Duty-free is a system of selling goods in retail units, located in country’s border crossing areas (checkpoints). Such sales are free from particular taxes and fees, which objectively allows lowering the price for the goods.
Furthermore, Duty-free goods can be sold only to those who have passed customs and border control, and are obliged to depart from the territory of the country where such shop is located.
The goods purchased in Duty-free shops are 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 of brands and manufacturers, we don’t guarantee that all the descriptions are absolutely exact, full, reliable and flawless.
Images of the goods displayed on the Website are provided for demonstrative purposes. Actual product may vary.
Partner shops are not allowed to offer damaged goods or goods with the quality lower than market standards to be displayed.
If selected goods don’t comply with their description, are damaged or do not correspond to market standards, you can return them to a Partner shop in compliance with the legislation of the country where such shop is located.
 
6. Selection, purchase and receiving goods.
Selection of Duty-free goods is can be performed with MyDutyFree service (using the website or mobile application) by clicking the button “Add to the cart” with the following placing of the good into the shopping cart of the customer passenger and confirmation of the choice.
Registration on mydutyfree.net is required for placing a pre-order. We recommend you to register (create a user account) before you start to use the Service.
Pre-order is possible with the most popular goods, the list of which is available for your review on the display. 
After the confirmation of your choice, you will receive an e-mail with the cost of the corresponding goods or the information about their absence.
You come to Madrid, come to the specified address in the city itself. It is the place where you can find Down Town Duty Free shop. You will have to provide an airplane ticket for a flight one month before or after the purchase to the cashier for verification.
After that, you can pay and immediately receive your good at the same Duty-free shop.
All the major currencies are accepted in Duty-free shops.
If the prices for the goods are set only in euro, the payment for the goods in other currencies is executed according to the commercial exchange rate of these currencies to euro (price label currency) on the day of the purchase.
Payment using USA/ GBP dollars is executed mentioning the cross rate (euro to USA/ GBP dollar exchange rate), officially set in hryvna for euro, USA/ GBP dollar.
Сredit cards can be also used for payment: Visa, Master Card, Revolut.
Pay attention:
The price for the selected good may change on the day of the flight. That is why the cost of the good is defined on the day of the flight.
Persons under 18 years old don’t have a right to use an online display in order to select tobacco goods, persons under 21 don't have a right to select alcohol items (as well as purchase them afterwards at the duty-free store).
Pay attention that the allowed quota for the import of alcohol and tobacco products to the territory of various countries may differ. We strongly encourage you to pay attention to the existing limits before the journey.
The quantity of the goods reflected in our online display, at the storage, and in Duty-free shops is limited.
Сonsidering the fact that the preliminary selection of products made on the online show-case at the Website or via Application is other than a reservation of the selected goods, it may happen that the aforementioned goods are out of stock at the time of actual purchasing. In other words, despite how long ago your preliminary selection was placed, we cannot guarantee you that the goods you've chosen would be in stock by the day when you purchase the goods (day of your departure).
We make every effort to inform you about the current prices and availability of goods. However, if the good you've chosen becomes unavailable less than 24 hours prior to your departure time, we may not have a chance to reach out to you in order to give you this information.

7. Our website
The current paragraph defines the rules you must follow using the Website (whether you use it for goods selection or just review it). 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. You are responsible for following all the Conditions, necessary for getting 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 follow them.
Access to the Website is available temporarily and doesn’t include the commercial use of the Website or its contents. You don’t have a right to reproduce, copy and/or use the Website for commercial purposes without our written agreement.
We keep the right to close or change the Website without warnings, as well as to limit the access to all the information or to particular sections of the Website. We are not responsible for the impossibility to access the Website for any reason.
When you visit the Website and/or place a pre-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 provoke or become a potential reason of the failed access to the Website, its damage or any deterioration of its functioning.
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 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 keep the right to inform law enforcement authorities and reveal your personal data.
References
We will appreciate your reference to our Website, but it must be done in an honest and legal way that would not harm our reputation and would not provide you with illegal preferences.
We keep the right to ban the use of references to our Website in any time, and if we have required 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. 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 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 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 be the result of: (i) use, or the impossibility of use of the Service; or (ii) use and reliability of any contents of the Service.
Please, pay attention 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 omitted commercial opportunities.
We are not responsible for any damage of losses caused by a virus, net attack, or any other harmful material that could damage your computer, computer programs, data or any other materials as the result of the use of the Service or downloading any of its contents, or the use of references to the websites of third parties.
Conditions of the use of MyDutyFree mobile application are the same as the Conditions mentioned in this paragraph.
 
8. 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, including “Protection of personal data” Law dated 01.06.2010 № 2297-VI, as well as the Rules for the processing of personal data established by the General Data Protection Regulations (EU Regulation 2016/679 of April 27, 2016 or the GDPR - General Data Protection Regulation).
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.
We pass on the name and surname of the customers of TezTour Турагенція, who used the affiliate promo code to increase the discount on our website, to the company TezTour Турагенція. This happens only for those users who are already customers of TezTour Турагенція, and therefore have already given their name and surname to the company, as well as entered the promotional code they previously received from the company representative.
List of partners and services:
Google Analytics, MixPanel;
authorized locations - cash desks in the stores where customer service is provided;
the exchange of user personal data takes place in the process of interaction with external social networks and platforms like Google+, Facebook, Instagram, Twitter.
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 can use the Service only after obtaining consent for personal data processing of personal data from their parents (or legal representatives), through the authorization of our 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 informational 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. Granting your consent to the 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 be barred from using the Service.
Please note that if you voluntarily place your personal data online in an unprotected internet environment – for example, in blog comments, this information can be collected and used by third parties outside our control.
You have the following rights regarding your personal data:
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.
If you have any questions regarding the procedure for the implementation of the abovesaid rights, other questions, suggestions and / or claims regarding the operation of our Service, please contact our support team: support@mydutyfree.net.
Read more in the Privacy Policy section.

9. The rules of cancellation or editing the selection of the good from the online display, additional goods selection
You can cancel your pre-order in your Personal Account. If you want to refuse some of goods of your pre-order, you can do it in the store: ask the cashier to remove the goods. If you have chosen some more goods, please place an additional pre-order to get a discount on these products.
The discount will not apply to the goods that you choose directly in the store, and do not put into your preliminary "choice." The goods that you choose in the store, you can buy for the full cost.
 
10. Return conditions
Mydutyfree service only represents the store’s assortment and gives customers the possibility to pre-order them. 
In case of return of goods you should contact the store directly. The shop operates under Spanish law. Under Spanish law you have 14 calendar days to change your mind on a purchase.
 
11. Agreement for notification receipt
A user, confirming his selected goods using mydutyfree.net website automatically grants us with the agreement to receive the information about news, events, changes, etc., to their e-mail and/or via SMS.
 
12. Other important information
Independence of the provision of the Conditions – each provision and paragraph of the existing Conditions is considered to be valid on its own. If, in compliance with the judgment or any other institution a provision or part will be acknowledged as illegal or inexecutable, other provisions and parts continue bearing legal force..
Rejection – if you broke the Conditions and we have not done anything or we are detaining assuming measures, it doesn’t mean that we reject our rights, and we still keep the right to protect our legal interests. If we reject to hold you to account, we will do it exclusively in written form and it will not mean that we automatically reject to hold you to account in the future.
Applicable law and jurisdiction – the existing Conditions are drawn up in compliance with the legislation of Ukraine. If there are any argumentations or dissidence according to the provisions of the Conditions, they are to be solved in the courts of Ukraine with the appliance of the legislation of Ukraine.
Invincible obstacles – neither we, nor our partner shops are responsible for any kind of non-compliance with the Conditions, delay in the Conditions execution, breach of any other of our obligations if such a delay is the result of invincible obstacles.
An invincible obstacle includes 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 stick to a certain system of complaints consideration, according to which we try to consider and solve controversies as soon as they appear. Please, let us know if you have any complaints or comments.