1. Ownership of the website
1.1. Pursuant to article 10 of Law 34/2002 of 11 July on Information Society and E-mail Services (hereinafter the “LSSI” for the Spanish), we advise you that the provider of the website http://www.madriddutyfree.com (hereinafter “Reserve & Collect”,the “Website” or the “Portal”) is World Duty Free Group, S.A. (hereinafter “WDFG”), which has tax ID code number A-84205863, is entered on the Madrid Trade Register at Volume 20644, Folio 105 et seq., Page M-365571, and whose corporate address is Calle Josefa Valcárcel, 30 - ED Merrimack IV, 28027 Madrid, Spain and contact e-mail is Atencion.Clientes@dufry.com
2. Use of the Website
2.1. These are the terms and conditions that regulate access to and the use of the website http://www.madriddutyfree.com. By visiting the website and using it you effectively give your consent to the terms and conditions (the “Conditions”) and accept those which the website publishes at any time. Should you not agree with these terms and conditions, you should stop using this website. You must read these terms and conditions carefully.
2.2. Access to the website is free, except as regards the cost of connecting via the telecommunications network provided by the Internet Service Provider you are subscribed with.
2.3. WDFG reserves the right, at any time and without any need for prior warning, to makes changes and updates to the website and the content, configuration and presentation thereof, including these terms and conditions, for which reason we recommend reading them before each visit and browsing the website. Likewise WDFG reserves the right at any time to decide on whether to continue the information society services that it offers via the website.
2.4. You undertake not to use the website for fraudulent purposes as well as not to engage in any behaviour that might harm the image, interests and rights of WDFG or third parties, and to use the website, the services and content included in it diligently, properly and lawfully. In particular you undertake to refrain from: omitting, avoiding or tampering with the copyright and other data identifying the rights of its owners that are incorporated in the content of the website, as well as the technical protective devices or any informative mechanisms that such content might include. you likewise undertake not to perform any action to harm, disable or overload the website or which might in some way prevent the normal use and functioning thereof.
2.5. Should you fail to comply with these terms and conditions or WDFG suspect that you are doing so, WDFG reserves the right to restrict, suspend or terminate your access to the website and take any technical measure that may be required to this end. WDFG likewise reserves the right to decide on whether to continue offering its services via the website at any time.
3. How RESERVE & COLLECT works
3.1. “Reserve & Collect” is available for all passengers travelling from Adolfo Suarez Madrid Barajas airport where one of our shops is that is taking part in this campaign. You can find out details of our shops and which ones are those that offer the Reserve & Collect service on our website.
3.2. Payments of products reserved through “Reserve & Collect” are made when they are collected at our shop. Please see clause 9 of these terms and conditions for further information on paying.
3.3. Reservations may only be initiated and completed between one (1) month and twenty-four (24) hours before the date and time when you depart. Reservations made outside this window shall not be accepted. Those products which cannot be reserved due to time restrictions may be added to a wishlist for the future.
3.4. After making a reservation through “Reserve & Collect” you shall receive an e-mail ("Confirmation e-mail") from us to confirm that your request has been received and giving you a reservation number. Please quote this reservation number in all subsequent correspondence with us in relation to your reservation. Please bear in mind that the confirmation e-mail is only confirmation of your reservation and does not mean that this has been accepted. Our acceptance of your reservation shall be carried out as described in clause 3.5.
3.5. Within the next seven (7) days after receiving your confirmation e-mail, you shall receive another e-mail ("Reservation e-mail") notifying you of whether the products which you have reserved are available and whether they have been reserved for you. The reservation e-mail shall also include the date after which you can pick up the products. The e-mail also tells you where the pick-up and payment point is for the reservation.
3.6. When you use “Reserve & Collect”, please ensure that the details of the reservation are complete and accurate before submitting 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, and the flight destination, as well as the time and number for the flight as optional information. Please take special care to ensure that this information is accurate as we shall use it to determine the collection date and time. If, after making your reservation request and prior to receiving your “reservation e-mail”, you notice that you have given us some incorrect information or you would like to amend your reservation, you can do so through the website and going into your account to do so (if you have chosen a password when making the order). If you realise that you have provided us with some incorrect information or you wish to amend your reservation after receiving the “reservation e-mail”, you must cancel your reservation and make a new one. Alternatively, please get in touch with our customer service team by using the contact data in Clause 18 as soon as possible.
3.7. Your reservation can be changed at any time until you receive the reservation e-mail confirming that the products are available and have been reserved for you.
3.8. The reservation e-mail is not a binding offer and in return for making the reservation the products are only reserved for collection at the shop in accordance with these terms and conditions. You may cancel your reservation at any time and WDFG reserves the right to cancel your reservation either wholly or in part for any reason and at any time. Should such a circumstance arise, we shall make efforts to notify you of this.
3.9. To clarify, neither the “confirmation e-mail” nor the “reservation e-mail” are binding offers. Full formalisation of the agreement between yourself and WDFG shall occur when you make your payment and pick up your products at the shop, at which point you shall become the official owner of the goods.
4. Information on the products
4.1. The descriptions, photographs, graphical or iconographical depictions and videos of the products offered by WDFG on the website, as well as the commercial names, trademarks or distinctive signs of any kind on the website are intended to provide the fullest information possible. You should, however, be mindful that they are used for the sake of providing guidance and that, as a result, such information should not be considered as comprehensive.
4.2. WDFG reserves the right to decide on the range of products that are offered to visitors on the website at any time.
4.3. WDFG likewise reserves the right to cease to provide access to any of the products offered on the website at any time and without prior warning.
5. Availability of products
5.1. Your reservation shall be automatically cancelled and the products returned to the shop for sale in the normal way if you fail to pick up the products within 24 hours of the collection date given in your reservation.
5.2. In order to ensure the availability of the products in the shop which feature in promotions, there may be restrictions on the number of certain promotion products that can be reserved. When such a restriction is in force, this shall be indicated on the website and you shall not have the option of reserving more than the permitted number of items of products.
5.3. Product availability varies according to shop and the information on those products which are available for reservation (where there is a Reserve & Collect service) is given on the website.
5.4. When you pick up the products we reserve the right to limit the number of items of a certain product which we sell you or to cancel the reservation if the products are not available at the time of collection.
5.5. We shall not be held liable if any of the products which you have reserved are not available or cannot be purchased on the collection date.
5.6. The products shall be your responsibility after you have collected them and shall become your property after we have received full payment for them.
5.7. Your reservation may be cancelled at any time but we shall not accept any liability for this.
6. Restrictions on certain products
6.1. To use our Reserve & Collect service, and therefore to buy our products, you must be of legal age and so when making a reservation you guarantee us that you are old enough to buy them. We are not permitted by law to supply restricted products to under-age persons. If you happen to be under-age, please do not attempt to reserve such products. You, or any other person whom you designate for the purpose, may be called upon to provide proof of your age when you collect the products.
6.2. All reservations are subject to the applicable customs regulations and/or duty-free/tax-free. keeping to the customs regulations is your responsibility. If you reserve products that exceed the amounts under the pertinent customs regulations, you are advised to purchase only the number of items of products that stays below the limits laid down under the applicable customs rules. you can find further information on customs regulations in the Duty-free Entry.
6.3. On collection you must show a valid boarding card and pay for the products, otherwise you may not buy the products. We reserve the right to refuse the buying of products that are not available for purchase for the destination which appears on the boarding card.
6.4. If for any reason you cannot go through the security checkpoint in the departures zone at the airport, we shall not be able to satisfy your reservation and it shall be cancelled.
6.5. Please note that, due to customs regulations, we are not authorised to hand over products pending payment at an alternative point outside the boarding area at the relevant airport and products can only be picked up from the designated collection point at each airport.
7.1. We take all reasonable precautions to ensure that product prices are correct and up-to-date. Nonetheless, if you should notice an error in the pricing of goods that are reserved, please refer to the points below in this clause regarding such circumstances. Product prices may vary but changes of this kind shall not apply to any reservation which we have confirmed, in accordance with clause 3.
7.2. Our website has a large assortment of products on it. It is always possible that, despite reasonable efforts on our part, some of the goods on it are incorrectly priced. If we notice a mistake in the pricing of the products which you have reserved, we shall try to give you written notification of this and give you the option to go ahead with reserving the products at the right price or to cancel your reservation. We shall not reserve the goods until we have instructions from you. If we are unable to contact you by using the information which you have provided us with in the reservation process, we shall treat your reservation as having been cancelled and shall notify you of this in writing.
7.3. Please note that if the pricing error is obvious, leaves no room for doubt and might reasonably have been recognised by you as a price that has been tampered with, we are not under any obligation to offer you the products at the wrong (i.e. lower) price.
7.4. While we reserve the right to make changes to product prices at any time (except when such changes are because the prices given are incorrect), changes of this kind shall not apply to successfully concluded reservations which have been confirmed by e-mail.
7.5. “Reserve & Collect” guarantees you the best price when buying our products. If, when you pick up the goods, any of them which you have reserved should be included within a promotional offer or has had their price lowered at the shop on the day when they are collected, you shall be charged the lesser of:
(a) the promotional or discount price or
(b) the price given in the confirmation e-mail.
This only applies to products which have been reserved through this website and shall not apply to those products which have been added to your basket in the airport shop.
7.6. Special offers, promotions or discounts advertised on the website shall only apply to those products which are reserved through “Reserve & Collect” on the dates given or until stocks run out.
8. Defective goods.
8.1. As a consumer, you are protected by Spanish consumer law on product guarantees, specifically what is laid down in the Revised Text of the Consumer Protection Act and any amendments thereof.
8.2. Nothing in these terms and conditions can affect your legal rights as a consumer.
9.1. You are under no obligation to purchase those products which you have reserved with us through “Reserve & Collect” and you may give up the reservation. You may choose to replace the products with any other item that is currently available at the shop. You shall pay the price marked for these items in the shop. If you no longer wish to buy the goods, you may cancel your order through the website before your departure date or notify a member of staff at the shop where you pick up your reservation.
9.2. We accept in-shop payment in several currencies. If you wish to pay in a currency other than the Euro (€), the exchange rate for the currency with which you wish to pay shall be set according to our conditions at the sales outlets.
9.3. If you prefer to pay with either a debit or a credit card from among those which we accept at our shop, please note that the card provider may charge you a fee or commission for the various different exchange rates.
10. Exchanges and returns.
10.1. Should you not be happy with any product, you may return it subject to the conditions established in our exchanges and returns policy entitled Returns and Refunds, which you can find in any of our shops.
11.1. You shall be the only person responsible for the use and protection of the confidentiality of the username, e-mail verification and the password that you might be provided with or which you have chosen to use them on the website. You must not share this information with third parties nor transfer it to them. You must let us know immediately of any unauthorised use of your username or password or any other security breach in relation to the website.
12. Changes to these terms and conditions.
12.1. We reserve the right to modify these terms and conditions at any time. Any such changes shall apply form the moment of their publication on our website and it is your responsibility to read the terms and conditions every time you use the website.
12.2. The terms and conditions prevailing at the time of any reservation shall apply to it.
12.3. Continuing to use our website implies that you accept and subject yourself to the terms and conditions in effect
14. Intellectual and industrial property
14.1. Intellectual property rights regarding the availability of the content on the website (including any rights sui generis concerning the database), its graphic design (look &feel), distinctive signs (trademarks and commercial names), underlying computer programs (including source code), as well as the various different elements that make up the website (text, graphics, photographs, videos etc.) belong to WDFG or, as applicable, it has the right to use and exploit them, and in this sense they represent works that are protected under effective intellectual and industrial property legislation.
14.2. Your use of the website does not in any way imply the assignment of any intellectual and/or industrial property rights in relation to the website, the content thereof and/or the distinctive signs of WDFG. To this end, under these terms and conditions (except in those cases where it might be legally permitted), you are expressly prohibited from reproducing, transforming, distributing, publicly disseminating, making available, extracting (from) and/or reusing the website, the content thereof and/or the distinctive signs of WDFG.
14.3. The reproduction of elements or content of the website for profit or commercial ends is expressly and categorically forbidden.
15. Limited liability
15.1. You recognise and accept that using the website is at all times entirely at your own risk and responsibility, for which reason WDFG accepts no liability for any incorrect or improper use that may be made of the website. To this end, it shall only be liable for any harm that you might suffer through using the website when such harm may arise from any wrongful actions on our part.
15.2. In particular, WDFG shall not be liable for the following:
16.1. The website may feature technical connective devices (links) that allow visitors to access other internet sites and portals (hereinafter, “Linked Sites”). In such cases WDFG acts as a provider of intermediary services pursuant to article 17 of the LSSI and shall only be liable for the content and services supplied on linked sites to the extent that it has actual knowledge of their unlawfulness and has not closed down the link with due diligence. Should you consider that a linked site exists that contains unlawful or inappropriate content, we kindly ask you to let WDFG know about this by sending an e-mail to atención.email@example.com. Under no circumstances shall such notification entail any obligation to remove the relevant link.
16.2. The existence of linked sites does not in any way imply that WDFG has actual knowledge, or any of any kind of the services and content on these should they be unlawful, nor that it necessarily has agreements with those responsible for, or the owners of, linked sites. Neither does the existence of such links imply any recommendation, promotion, identification or agreement on the part of WDFG in connection with any statements, content or services provided via the linked sites. As a result WDFG does not accept responsibility for the content of linked sites, nor their conditions of use and confidentiality policies, while visitors have sole responsibility for looking these up and accepting them every time they access and use them.
16.3. Visitors or, generally, any natural or legal person who intends to set up a link from their website to the portal must obtain prior written authorisation from WDFG. The establishment of such a link does not under any circumstances imply the existence of any relation between WDFG and the owner of the website where it is established, nor WDFG’s acceptance or approval of its content or services.
16.4. WDFG in any event reserves the right to prohibit or disable links to the website at any time, especially where there is unlawful activity or content on the website where links are included.
17. Force majeure
17.1. WDFG shall not accept liability for any failure to comply, or delay in complying, with any of our obligations under these terms and conditions which is caused by an event that is outside our control or force majeure.
17.2. For the purposes of this clause, force majeure means any act or event that is beyond our reasonable control, including, though not confined to, strikes, lock-outs or any other forms of protest by third parties, or on account of provider error or delay, civil upheaval, disturbances, invasion, terrorist attacks or any threat thereof, war (whether declared or not), or threat of or preparation for war, fire, explosions, storms, flooding, earthquakes, subsidence, epidemic or any other natural disaster, or failure on the part of public or private telecommunications networks.
17.3. Should any event involving force majeure occur that affects compliance with our obligations under a contract between yourself and us, we shall notify you of this as soon as is reasonably practicable.
18. How to contact us
18.1. If you have any questions about your reservation, your account or the information regarding your order, please consult our FAQ pages or, if you have any complaints, please get in touch with our customer service department either by calling us at 900-252423 if you are ringing from within Spain, or (+34) 91 274 2542 if you are doing so from abroad, or by e-mail at atención.firstname.lastname@example.org or traditional post by writing to WDFG SA, Atención al Cliente (Customer Service), C/ Josefa Valcárcel 30, 28027, Madrid- Spain.
19. General points
19.1. We reserve the right to assign our rights and obligations under these terms and conditions to another organisation.
19.2. Any contract executed in accordance with these terms and conditions is made between you and WDFG. No third party shall have any right to demand compliance with any of the terms and conditions thereof. In all circumstances access to, browsing of and use of the website and, as appropriate, the use or contracting of products or services that are offered through it is done under the sole and exclusive responsibility of visitors.
19.3. Any failure to require compliance with any obligation does not constitute abandonment of the right to ask for it subsequently.
19.4. These general terms and conditions, as well as any other matter concerning the use of services which the company provides via the website, shall be regulated pursuant to Spanish legislation. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. For those cases where the rules and regulations envisage the possibility of parties submitting to a special privilege, WDFG and yourself expressly waive any special privilege that they might otherwise be entitled to and shall subject any disputes and/or litigation to a hearing by the courts and tribunals of metropolitan Madrid.
19.5. In the event of any of the provisions herein being declared null and void, it shall be removed or replaced. In all circumstances any such declaration of nullity shall not affect the validity of the other provisions set out in these terms and conditions.