Australia Dufry T&C
Terms and Conditions
1. About these terms and conditions
1.1. The provider of the web page http://www.dutyfree.com.au (hereinafter “Reserve & Collect,” the “Website” or the “Site”) is The Nuance Group (Australia) Pty Ltd (ABN 54 068 215 341), a Dufry Group company (“we, “us” or our”). When we refer to “you” and “your” we mean the user of our Website and/or Reserve and Collect.
1.2. These are the Terms which apply to your use of our Website and your use of Reserve and Collect and by using our Website and/or Reserve and Collect you agree to be bound by these Terms. If you do not agree to these Terms you must not use our Website or Reserve and Collect. Please read these Terms carefully and make sure that you understand them before using the Website or Reserve and Collect.
1.3. These Terms will apply to any contract between us which is formed when you access our Website and/or when you use Reserve and Collect.
1.4. These Terms only apply to your viewing and use of this Website and Reserve and Collect. If you use one of the links on this Website to visit one of our partner websites, then please note that when you’re viewing these websites, any purchases made through them will be subject to the terms and conditions of our partner.
1.5. When the following words with capital letters are used in these Terms, this is what they mean:
“Eligible Airports” MELBOURNE INTERNATIONAL AIRPORT – DEPARTURES & ARRIVALS.
“Products” any of the products featured on our Website or included in a reservation;
“Reserve and Collect” the reservation service (offered by us via our Website and as advertised in our store or on any of our websites as Reserve and Collect’) which allows you to reserve Products ahead of a flight for collection at our stores in Eligible Airports;
“Website” our website at www.dutyfree.com.au;
1.6. If you have any questions relating to these Terms, or would like to discuss a reservation made through Reserve and Collect please contact our Customer Support Team using the contact details in Clause 17 below.
1.7. When we use the words "writing" or "written" in these Terms, this will include e-mail correspondence unless stated otherwise.
2. Reserve and Collect
2.1. Reserve and Collect is available to all passengers travelling internationally from and to Eligible Airports where our stores are located. You can find details of our stores and those offering Reserve and Collect on the Website.
2.2. Prepayments for Products reserved via Reserve and Collect will be taken via credit card or alternative payment methods on the Website before your order is processed.
2.3. Reservation requests for Melbourne Reserve & Collect must be made from 60 days to 24 hours prior to departure or arrival. Reservation requests for Perth Reserve & Collect must be made from 60 days to 48hrs prior to departure or arrival. Reservation requests made any sooner or later than this cannot be accepted by us.
2.4. After you make a reservation request via the Reserve and Collect service, you will receive an email (“Confirmation Email”) from us acknowledging that we have received your request and we will assign you a reservation request number. This reservation request number must be quoted in all subsequent correspondence with us relating to your request. The Confirmation Email is confirmation of receipt of your request only, and does not mean it has been accepted. Our acceptance of your request as a confirmed reservation will take place as described in clause 2.5.
2.5. Within 24 hours prior to your departure or arrival, you should receive a separate email from us (“Reservation Email”) notifying you whether or not the Products you have requested are available and if they have been reserved for you. The Reservation Email will also include the date on which you can collect the Products, as well as the location to do so. If the Product you have requested is not available we will refund you the amount you have prepaid for the reservation of that Product.
2.6. When using the Reserve and Collect service, please ensure that the details are complete and accurate before you submit the request. As part of the reservation process, you will also be asked to provide information including email address, country of residence, phone number, flight details, credit card or alternative payment method details. Please take particular care to ensure this information is accurate as we will use it to determine your collection date and time. If, after placing your reservation request you become aware that you have provided us with any incorrect information or you wish to amend your reservation, you can do so by contacting our Customer Support Team using the contact details in Clause 17 as soon as possible.
2.7. Neither the Confirmation nor the Reservation Emails are a binding offer. The completion of the contract of purchase between you and us will take place when you collect the Products in store at the relevant Eligible Airport. The transfer (ownership) of goods will only take place upon collection of the goods by the relevant traveller on arrival in Australia. This will take precedence on any additional terms of sale notified to you on the Website or in store prior to purchase.
2.8. You can cancel your reservation at any time, including after receiving the Reservation Email.
2.9. Whilst we try and ensure that all details, availabilities, descriptions, images and prices on the Site are accurate, errors (including processing, human and system errors) may occur. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, promotions, payment terms, or return policies. If we become aware of an error we will make reasonable attempts to contact you to proceed with a full or partial refund for the specific Product in question. If we are not able to reach you, we will assist you with the refund process upon your departure or arrival. You will still have the option to shop in store.
2.10. Where you or we cancel any reservation of a Product before it is collected, we will refund you the amount you have prepaid for the reservation of that Product. All refunds are made in the same form as the original prepayment. You will be contacted in person to ensure a smooth refund process.
3.1. The images of the Products and any packaging (if applicable) on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer or other device used to access our Website will accurately display the colour of the Products and/or packaging.
3.2. The packaging of the Products may vary from that shown on images on our site. If a purchase has been made based on an image that is wrongly updated or out-of-date, we will issue a refund and assist you with your shop in store.
3.4. The range of Products offered on our Website and in our stores (including any of the products that may have been confirmed to you as reserved) is subject to change without prior notice and we reserve the right to withdraw or cease to make available any or all of the Products from our Website. If the Product you have ordered is withdrawn prior to you collecting the products you have reserved, your reservation for that Product will be cancelled in accordance with Clause 2 above.
4.1. We take all reasonable care to ensure that the prices of Products are correct and updated. Despite our best efforts, a small number of Products in our catalogue may be mispriced.
When a website error occurs, the options are as below:
If a Product´s correct price is lower than our stated price, we will charge the lower amount.
However, if a Product´s correct price is higher than the price on the Website, we will refund your order. You will still have the option to shop in our store in person.
4.2. The Reserve and Collect price promise guarantees you the best deal available at the time of the purchase from us. If, when you collect the Products, they are included in a promotional offer or have been discounted in the store on the date of collection which result in a lower price being payable than the amount you have prepaid for those Products, you will be refunded the difference between:
the price you prepaid for the relevant Products; and
the price of the Products with the promotional offer or discount.
This only applies to the number of Products that have been reserved online and does not apply to products which have been added to the basket within the airport store.
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on the Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding the Website that comes to your attention.
6. Changes to these terms and conditions
6.1. We reserve the right to amend these Terms from time to time. Any such changes will take effect when posted on our Website. We reserve the right to change or add to this website, including Terms and Conditions, Product information and services without notice. However, we endeavour to keep this website updated to the best of our abilities. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
6.2. Every time you make a reservation with us, the Terms in force at that time will apply to that reservation and the associated contract between you and us.
6.3. Your continued use of our Website shall signify your acceptance to be bound by the latest Terms.
7. Availability of the Products at time of collection
7.1. Your reservation shall automatically be cancelled and the Products returned to the store for general sale if for any reason you do not collect the Products within 7 days after your collection date and time stated in your Reservation Email.
7.2. To ensure the availability of Products in store which are included in promotional offers, there may be restrictions on the number of certain promotional Products you can reserve. Where any such restriction applies, this will typically be stated on the Website and you will not be able to reserve more than the permitted number of Products.
7.3. Availability of Products varies from store to store and details of Products available for reservation (where Reserve and Collect is operating) are shown on the Website.
7.4. You should be aware that circumstances may arise which mean the Products you have reserved are not available on the date of your collection. If this occurs, your reservation will be cancelled, and we will refund you the amounts you have prepaid in respect of the unavailable Products.
7.5. From time to time, Dufry restricts the quantity of Goods which can be purchased in one Order/ Transaction, or by one transaction, person or group during a particular of time. Any quantity restrictions will either be stated on the online product page, in advertising materials or otherwise advised by Dufry.
7.6. On occasions we may not be able to fulfil your order in time, due to Product availability or picking errors, we will notify you and process a refund. If the refund is still being processed at your time of departure or arrival, please get in touch with our Customer Service team with the contact details in Clause 17. Meanwhile our staff will assist with your intended purchase in-store.
8.1. Some of our Products have a minimum age requirement (for example those containing alcohol), and by reserving any of these Products you confirm that you satisfy this minimum age requirement. We are not allowed by law to supply these restricted products to you if you do not satisfy the minimum age requirements. If you are underage please do not attempt to reserve these Products. You or any person nominated by you may be required to provide proof of your age when you pay for and collect the Products.
8.2. All reservations are subject to any applicable customs regulations and/or duty free regulation. Adherence to any customs regulations are your responsibility. If you reserve Products which exceed the allowance under relevant customs regulations, you may be advised to purchase only the number of Products within the limits set by the applicable customs regulations. We will not be responsible for the consequences of you purchasing more Products than permitted by the applicable regulations.
8.3. The following must be presented when collecting the Products, otherwise your reservation will be cancelled:
i) a copy of your Reservation Email.
(ii) travel documents correlating with the flight details nominated on your order form unless collecting at arrival.
(iii) your passport.
(iv) the credit card used to make payment of the order to verify yourself as the card holder. Failure to provide the credit card will result in your web-order reservation being cancelled.
We reserve the right to deny purchase of the Products which are not available for purchase for the destination stated on the boarding card, but we have no obligation to do so and we will not be responsible or liable if you purchase Products that are not available for the destination stated on your boarding card. The above restriction shall not apply to orders that will be collected on arrival.
8.4. If, for whatever reason, you are unable to pass through airport security into the departure area, we will be unable to fulfil your reservation and your reservation will be cancelled and prepaid amounts in respect of your reservation will be refunded.
8.5. Please note that due to customs regulations, we are unable to deliver any uncollected Products to an alternative address outside of the relevant airport lounge and the Products can only be collected from the designated collection point at that airport.
9. Non-Excludable Rights
As a consumer, you have certain non-excludable legal rights, including in relation to Products that are faulty or not as described. Advice about your non-excludable legal rights is available from the Australian Competition and Consumer Commission, Consumer Affairs Victoria or your local consumer protection authority. Nothing in these Terms will affect these non-excludable legal rights.
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure to comply with such guarantees, and for compensation for any other reasonably foreseeable loss or damage.
You may also be entitled to have the Products repaired or replaced if the failure does not amount to a major failure
The Product/s you purchase may come with a warranty for a limited period which offers rights and remedies in addition to those you may have under applicable laws. Information about any such warranty will be included with the product/s.
11.1. You are not obliged to collect any of the Products you have reserved with us using Reserve and Collect. If you no longer wish to collect the Products, you can cancel your order by contacting our Customer Service Support Team using the contact details in Clause 16.
11.2. All references to $ and dollars on this website are to Australian currency. Subject to clause 4, the price payable for any product(s) is the price specified on this website at the time of placing the order. We accept China UnionPay, Visa, MasterCard, American Express, Diner’s Club, and JCB credit cards only. No other form of payment will be accepted.
12. Limitations on warranties and liability
12.1. We will use reasonable endeavours to verify the accuracy of any information on the Website however, to the fullest extent permitted by applicable law and subject to clause 12.5:
(a) we make no representation or warranty of any kind, express or implied, statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website; and
(b) we will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability for any kind of loss or damage from action taken in reliance on material or information contained on the Website.
12.2. If we fail to comply with these Terms, we are responsible for any direct loss or damage you suffer that is a foreseeable result of our breach of these Terms. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract between you and us. To the fullest extent permitted by applicable law and subject to clause 12.5, we will not be liable to you for any other loss, costs, damages of any kind, including any loss of revenue, profits, data, or opportunity, or any indirect, special, consequential or incidental loss or other damages arising directly or indirectly from your use of (or your inability to use) the Website or of Reserve and Collect.
12.3. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and to the fullest extent permitted by applicable law and subject to clause 12.5 we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4. To the fullest extent permitted by law, our liability to you in contract (including under an indemnity), tort, negligence, strict liability in tort, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.
12.5. We do not in any way exclude or limit our liability in respect of:
a) your non-excludable rights;
b) death or personal injury caused by our negligence;
c) and fraud or fraudulent misrepresentation.
13. Use of our website
13.1. You are responsible for all activity while using our Website and for the security of your computing systems. You agree that you will be responsible for losses and damage incurred by us as a result of your activity on our Website, except where such losses are due to a third party who is not known to you who deliberately misuses your log-on details.
13.2. We reserve the right to terminate your Website account where you do not comply with these Terms or any applicable laws and regulations relating to the use of our Website, and either such non-compliance is incapable of remedy or you have failed to remedy such non-compliance promptly after receiving notice from us. You may amend or cancel your Website registration at any time via the Website or by contacting our Customer Support Team using the contact details in Clause 17 below. If your account is terminated, any current reservations will be cancelled in accordance with clause 2 above.
13.3. You must not use the Website for any unlawful or fraudulent purposes. You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial-of-service attack.
13.4.Without prejudice to our other rights or remedies, you agree to reimburse us for all costs or losses (on an indemnity basis, i.e. in full) resulting from your breach of clause 13.3, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.
13.5. Subject to clause 16 and except to the extent you have non-excludable rights to do so, you may not download, copy, use, make derivative use of or exploit for commercial purposes any proprietary or other information or content on our Website, including, but not limited to, any images, pricing or descriptions of the Products or any brand trademarks, trade names or logos. This includes any copies or derivative created for the benefit of a third party. Use of data mining, robots or any other kind of data gathering and/or extraction tools is strictly prohibited.
14. Force Majeure
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event of Force Majeure.
14.2.Force Majeure means for the purpose of this clause any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, supplier default or delay, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3.Should a Force Majeure event occur, which affects the performance of our obligations under a contract between you and us, we will notify you as soon as reasonably possible.
15. Intellectual property and proprietary rights
All intellectual property and other proprietary rights (i) in our Website and its content, and (ii) in any trademarks, trade names, domain names and product names used in our Website, are owned and expressly reserved by either us, our licensors or brand owners providing the Products. Any use of such rights without the express written consent of the relevant owners or licensors of such rights or not otherwise in accordance with your non-excludable rights is strictly prohibited.
16. How to contact us
If you have any questions about your reservation or your refund status, please refer to the order details within your account. Alternatively, please refer to the FAQ pages or get in touch withour Customer Service Team. You can contact our Customer Service Team by e-mail at email@example.com or by post at Customer Service Team, The Nuance Group (Australia) Pty Ltd, PO Box 5049, Melbourne International Airport, Tullamarine VIC 3045 Australia.
17. How we may use your personal information
18.1. We welcome your comments and feedback regarding our Website, our services and as Product reviews. By submitting information in this way, you are expressly granting us an irrevocable and unrestricted licence to use, modify, reproduce, display, communicate to the public and distribute such information for any purpose whatsoever. You also consent to all acts or omissions which, in the absence of such consent, might infringe your moral rights, and waive any and all moral rights you may have in such information. To the extent that the above consent and waiver does not operate immediately, you agree to provide such a consent and waiver, at any time at our request. Unless required by law, we will not obtain your prior written consent to attribute such information to you.
19. Other important terms
19.1.We may transfer our rights and obligations under these Terms to another organisation.
19.2. Any contract concluded pursuant to these Terms is made between you and us. No third party shall have any right to enforce any of its terms.
19.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.4.If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.5. The Terms, as amended from time to time, constitute the entire agreement between you and us regarding your access to our Website and use of Reserve and Collect services we may provide you.
19.6.These Terms and any other matter relating to the use of the services we provide through the Website shall be governed by the laws of Victoria, Australia. You and we both agree to submit to the non-exclusive jurisdiction of the Courts in and of Victoria, Australia.
The Nuance Group (Australia) Pty Ltd (ABN 54 068 215 341)