Terms and Conditions of MyDutyFree service at border checkpoint Dyakovo

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 located in following international airports: “Boryspil”, "Kyiv" (Zhuliany), “Danylo Galitsky” (Lviv), "Heydar Aliyev" (Baku), "Minsk", "Dammam" (KSA) in bordershops at checkpoints "Porubnoe", "Dyakovo", "Uzhhorod, "Chop" (Ukraine), "Kamenny Log" (Belarus), "Kazbegi" (Georgia) (hereafter referred to as “Services”, “Service”, “MyDutyFree”).

Please, acquaint yourselves carefully with the existing Conditions before you start using the Services.

These Conditions apply only to the shop located at border checkpoint Dyakovo.

Pay attention 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 realized in the mentioned Duty-free shops for the further purchase (hereafter referred to as “Partner shops”, “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.

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 realization of goods in retail units, located in special country’s border crossing areas. Such sales are free from particular taxes and fees, which objectively allows to lower 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 on the Service website.

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.

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 realized through 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.

You can place a pre-choice no later than 1 hour before crossing the border.

Pre-selection is possible with the most popular goods, the list of which is available for your review on the display.

Please note: the number of alcoholic beverages per person for one day, which you can pre-select:

• 2 liters of alcoholic beverages with an alcohol content of up to 22%;
• or 1 liter of strong alcoholic beverages (with an alcohol content of more than 22%).

You cannot pre-select tobacco products through the Mydutyfree service.

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 pass through passport control and get to Duty-free area on the territory of the airport where the selected Duty-free shop is located. After that, you must show our cashier your boarding pass at Duty-free pickup point and check the information about your choice.

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, including: UAH, EUR, USD.

If the prices for the goods are set only in euro, the payment for the goods in hryvnas is executed according to the official exchange rate of the National Bank of Ukraine, set on the day of the purchase.

Payment using USD is executed mentioning the cross rate (euro to USD exchange rate), officially set in hryvna for euro, USD.

All the major credit cards can be also used for payment: Visa, Master Card, Maestro.

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 aftereards at duty-free store).
• The quantity of the goods reflected in our online display, at the storage and in Duty-free shops is limited. This is why some items might be absent.

This is why, if the choice is made less than in a 24-hour time period before the flight, there is a minor risk that MyDutyFree will not be able to contact you in order to inform you about the absence of one or another good.

• 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.

 

7. Discounts

You receive only those discounts and promotional offers for the goods selected using MyDutyFree Service, information about which is placed on the resources of the Service.

Discounts are not granted for the goods participating in "Special Offer" promotional sales, as well as a number of other goods tagged as "No Discount" items on the Website and in the Application.

Discounts and promo codes are not summed up.

 

Universal discount.

While choosing goods using our Service you receive a 5% discount from the cost of the good at the moment of payment at a Duty-free shop.

If you have a higher discount, the mentioned 5% discount from the cost of the good is not available.

 

Discount for the customers of the partners of the Service.

If you are a customer of MyDutyFree Service partner, you get an extra 2% discount for goods pre-selection using the Service.

It means, that your total discount is 7%.

The discount is received using a promo code you get from MyDutyFree partner, making a purchase or using our partner’s services.

Each promo code may be used only once, and the discount works for an unlimited number of goods of the same purchase, according to the choice made.

Expiration date of the promo code 31.12.2019.

If you have extra questions, contact the representatives of our company, who have provided you with the discount code.

 

8. 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 an pre-choice, 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 can refresh or edit the contents of the Website any time at our own direction. Pay attention that it can also mean that any information on the Website may be out-dated in any time period. The contents of the website are provided only for informational purposes. We don’t make any guarantees or commitments, direct or implied, that the Website or any of its contents are exact, full, actual and don’t include mistakes or omissions. We reject all the rules, guarantees, claims or any other conditions connected with the Service or any of its contents, direct or implied, in a maximal way, and in compliance with the legislation.

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.

 

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, 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, Yandex Analytics, MixPanel
• authorized locations - cash desks in the stores where customer service is provided
• Belavia, S7, Natalitours, Ural Airlines, TezTour Турагенція
• 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 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.

• 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. The rules of cancellation or editing the selection of the good from the online display, additional goods selection

You can cancel your pre-choice in your Personal Account. If you want to refuse some of goods of your pre-choice, 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-choice 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.

 

11. Return conditions

According to p. 1. art. 9 of the “Consumer Right Protection Law” of Ukraine you have the right for your good to be replaced with the good of the proper quality in 14 days time period, not including the day of the purchase, if this good is replaceable according to the legislation of Ukraine.

The goods are replaced directly at a Duty-free shop with the help of a corresponding payment document (cheque).

We remind you that as a consumer you possess an additional legal protection in compliance with the “Consumer Right Protection Law” of Ukraine.

 

 

12. 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.

 

13. 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 judgement 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.