TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF USE OF THE CLICK AND COLLECT SERVICE
Last updated : 24 September 2019
PREAMBLE
These General Conditions of Use govern all relations between:
The company LAGARDERE DUTY FREE, a joint-stock company with capital of 5,853,930 euros, listed in the Trade and Companies Register of Nanterre under number 380 253 518, whose registered office is located at 4-6 Avenue d’Alsace, 92400 Courbevoie (hereinafter the “Company”), and any person using the Services and navigating on the site (“hereinafter the “User”) with the following url: www.aeliadutyfree.com (or its variants by country) (hereinafter the “Site”).
ATTENTION: BEFORE CLICKING ON THE ICON “I HAVE READ AND AGREED THE GCU” AT THE END OF THIS DOCUMENT PLEASE READ IT IN ITS ENTIRETY.
BY CLICKING ON THE ICON “I HAVE READ AND AGREED THE GCU” YOU ARE THEREBY EXPRESSING YOUR CONSENT TO BECOMING A USER AS WELL AS YOUR ACCEPTANCE OF ALL THESE GENERAL CONDITIONS OF USE (“GCU”) AND UNDERTAKE TO COMPLY WITH ALL OF ITS TERMS.
IF YOU REFUSE ALL OR PART OF THE TERMS OF THESE GCU, CLICK ON THE ICONE “I REFUSE THE GCU” ON THE BOTTOM OF THIS DOCUMENT. AS A CONSEQUENCE, THEREOF:
- YOU WILL NOT BE ABLE TO CREATE YOUR ACCOUNT;
- YOU WILL NOT BE ABLE TO USE THE CLICK & COLLECT SERVICES.
The Company reserves the right to amend these GCU by deleting, modifying them or adding new ones, by notifying the User through publication of an amended version of the CGU on the Site. The new GCU will only apply to all reservations made after their publication.
These GCU are always available on the Site at the bottom of any pages.
These GCU are the only contractual document applicable between the Company and the User.
1. PURPOSE
The Company is part of the Lagardère Travel Retail group, which, through the companies in its group based in France and abroad (hereinafter the “LTR Group”) operates retail outlets located in public areas and restricted areas located in various airports in France and abroad. The Site aims at enabling travellers departing from the airports at which the LTR Group has retail outlets in a restricted area to familiarise themselves in advance with the range of products offered at these outlets, and to reserve products before their departure, so as to facilitate their purchase when they visit the retail outlet at their departure or arrival terminal (hereinafter the “Services”).
The User acknowledge and accepts that he cannot use the Services, except for his own needs within the framework of a strictly personal, private and non-commercial use. The Company reserves the right not to complete the Services for any legitimate reason, and, in particular, if the quantity of products does not correspond to a strictly personal use.
These General Conditions of Use define the conditions under which the Company offers the Services to its Users, free of charge and without any obligation to buy. As a consequence, the present GCU cannot be considered as a sale agreement.
2. THE SERVICES
General
This Site offers to the User the possibility to check the availability of products offered at the outlets located onboard, depending on the choice made by the User at the Shopping Cart.
All available products are described on the Site, including their price. So that the price is as accurate as possible, the name of the ship, the ticket and its destination must be entered. This information must be provided in order to verify that the User is eligible to benefit from the Click & Collect Services.
The Services are provided free of charge. However, the connection and equipment fees linked to the internet access and to the use of the Site, remain at the User’s charge.
For all questions pertaining to the Site and/or the Services, the User may contact the customer services team by clicking here.
Click & Collect Services
The User can consult the Site and the products offered for sale in outlets at any time. However, the reservation of the products is only possible from 5 days before the scheduled journey up to 12 hours before (“the Click & Collect Services”).
The Click & Collect Services require you to provide personal information to identify and enable us to contact the User who made the reservation (name, birth date and a valid, up-to-date email address). The provision of this information is mandatory for the use of the Click & Collect Services. The User can decide whether to create an account or not.
The User must click two times on the icon “Confirm my reservation” twice in order to use the Click & Collect Services. At any time during the reservation, the User can go back by clicking on the icon “Return to the previous step” and modify any information.
If the User does not use the Click and Collect Services, the Company cannot guarantee to the User that products will be available at the time of their actual visit to the retail outlet.
The reservation of the Product is made for the outlet mentioned in the confirmation email that the User will receive. In the event that a sailing is delayed, the User will still be able to collect the ordered products in the retail outlet mentionned in the confirmation email. In the event that a sailing is cancelled and the User is transfered to another ship, the reservation of the Product will be cancelled and any payment made will be refunded.
To pick-up the reservation, the User must go to the outlet indicated above and provide information about the reservation. The order will then be provided to the User who may decide to proceed with the purchase or not.
Account creation
When creating an account, the User can have access to a user area via the Site following entry by the User of a login and a password, that he or she previously choose at the time of creation of the account. The user area enables the User to consult information relating to his or her reservation, manage information relating to his or her profile, determine whether he or she wishes to receive newsletters and delete his or her account.
3. PROTECTION OF MINORS AND CUSTOMS ALLOWANCES
Some of the product categories presented on the Site may be subject to specific regulations.
Thus, the regulated products, tobacco and alcohol or any other product will not be supplied or sold at the Company's outlets to minors aged under 18 years. Consequently, any User under 18 years old is not entitled to order any such products from the Click & Collect Services.
Moreover, the quantities of products that can be bought are subject to the customs regulations of each country concerned, who draw up their own rules regarding product import allowances. The Site provides information, on a purely indicative basis, about these customs allowances, and this information cannot under any circumstances result in the Company's being liable for any purchase that is subsequently confiscated, or for any additional duties that have to be made by the Customer. Consequently, it is incumbent upon all purchasers of products to know the rules that apply to them depending on their journey: country of departure, destination.
4. AVAILABILITY OF THE SERVICE
The Company shall make its best efforts in order to provide the User with access to the Site 24 hours a day, seven days a week, except in particular in the event of:
- A case of force majeure as defined by the law and the case-law,
- Unavailability due, in particular to corrective or upgrade maintenance, whether or not planned,
- Unavailability due to availability of Internet access coverage by the User’s access supplier;
- And more generally any technical problem, regardless of its nature, that could occur for any reason whatsoever.
5. INTELLECTUAL PROPERTY
All the content of the Site is protected under French and international legislation on copyright and intellectual property.
All the trademarks, figurative or not, all the illustrations, images and logo and all content appearing on the Site are and will remain the exclusive property of the Company or of the holder of the property rights concerned.
Use of the Site does not confer any intellectual property right on Users to the content of the Site.
Any reproduction of these trademarks, illustrations, images, logo and any other content of the Site for any reason and whatsoever without the express written consent of the Company is strictly prohibited.
6. HYPERTEXT LINKS
The Site may include links to other websites or other sources on the Internet. Insofar as it cannot control these external sites and sources, the Company cannot under any circumstances be held liable for the provision of said external sites and sources, and cannot bear any liability as to the content, advertisements, products, services or any other material available on, or from, said external sites or sources.
Furthermore, the Company formally prohibits the creation of hypertext links to the Site or to the secondary pages thereof, without its prior written consent.
7. LIABILITY AND GUARANTEES
The Company may not be held liable except in the case of proven fault.
The Company shall not be liable, in particular for:
- Difficulties in accessing or connecting to the Site, and its unavailability and temporary malfunctioning affecting it in whole or in part;
- The momentary suspension of the Site;
- Modification forthwith of access to all or part of the Site;
regardless the reason therefor.
Consequently, the Company shall not be liable for any defects, problems, difficulties, errors affecting the smooth running of the Site.
The User acknowledges and accepts that the Company shall not be liable for flaws, defects, non-conformity, anomalies, errors, malfunctioning, affecting his or her device, his or her means of access and the network, in particular the communication network enabling the User to connect to the Site.
In particular, the Company assumes no liability for damages which could be caused to the IT equipment of the User after he/she has accessed this Site, or the use or download of any of the items thereof (data, texts, images, videos or sounds, etc.).
The User alone shall be liable for the use by a third party, whether or not fraudulent of his or her device, his or her login and password, the use of the Services made by such third party, as well as actions and statements made by the latter from the Site.
The Company does not have any control over Users’ ability to use the Services. The User alone shall be liable for any fraudulent, abusive or unlawful use of the Services with his/her login details.
The Company is not liable in case of any modifications to the departure or any cancellation of the sailing which could have the effect of preventing the User from being able to pick up his reservation.
8. PERSONAL INFORMATION
The Company collects different technical information through cookies and some information about the identity and the contact detail of the User in order to provide him or her with the Services.
The processing of personal Data under the Service shall be governed by the “Personal Data and Cookies Policy for the Aelia Duty Free Site” and the User has to read this Policy in order to have more information about the processing of his personal data.
The data controller is the company LAGARDERE DUTY FREE, 4-6 Avenue d’Alsace 92400 Courbevoie.
The User has some rights due to the processing of his/her personal data, such as a right of access, modification, correction and deletion of data that concerns them, in accordance with EU Regulation 2016/679 (General Data Protection Regulation).
To find out more, click on the “Personal Data and Cookies Policy for the Aelia Duty Free Site” and “Cookies” section.
9. Contact
For any question/problem, the User can contact the Company by clicking on the “Contact Us” section .
10. Mediation
Under the French Consumer Code, the User is entitled to seek recourse, free of charge, to mediation for the amicable resolution of his dispute against a professional.
A consequence, in case of dispute with the Company, the User may contact the mediator at the following contact information MEDYCIS (https://medicys-consommation.fr/mediation-consommation/).
11. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed by the laws of France.
Any interpretation, dispute or claim concerning these GCU, in the event that the parties cannot reach an amicable resolution, shall be submitted to the courts of Nanterre, notwithstanding plurality of parties to the action, third party proceedings, including all emergency, protective and summary proceedings or upon petition.
In case of discrepancy between different versions of this CGU, the version of the GCU which is applicable is the one which is governed by the law of the country where the consumer has his habitual residence and, failing that, by the English version of the CGU.
The present GCU are offered in French, English, Italian, Polish and Croatian.
