The Policy is incorporated into and forms part of the Terms and Conditions of Use (“Terms”) which govern this site.
It is understood that clear consent is given by you such that personal information given by you can be collected and processed by us in accordance with this Policy. Please read this Policy carefully to understand how we may collect, use and share your personal information and data related to you.
In order to better provide you with numerous products and services, DutyFreeZone.com collects the following information about you:
Information that you provide by setting up an account on our website at www.dutyfreezone.com (“Website”).This includes personal information provided at the time of registering to use the service, posting material or requesting further services. We may also ask you for information when you report a problem with the Website;
· if you contact us, we may keep a record of that correspondence;
· we may also ask you to complete surveys that are used for research purposes, although you do not have to respond to them;
· details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access; and
· we may collect information about your computer, including where available your IP address, operating system and browser type. This is statistical data about your browsing actions and patterns, and does not identify you as an individual.
Ad Servers and Content Servers
We may use third party ad servers or content servers to serve ads, product information, or other information both on and off our Website. Those third parties may use "action tags" or web beacons throughout the Website to count the number of visitors who click on a banner ad or other information and to track the number of customers who continue on to make a purchase. They may also place their own "cookie" on your computer to help those ads to run, analyze site usage and to provide you with personalized on-line advertisements.
We use a third party image serving company to serve the graphics that visitors see on our Website more quickly. They collect a visitor's IP address and the URLs of any graphics viewed and the date and time of the visit. They may also use their own "cookie."]
We use a third party to send promotional e-mails to customers. Images contained in the email may be served by the third party. They may use a "cookie" or "action tags."
Website Analysis Agent
We may contract with several online partners to help manage and optimize our Internet business and marketing. We use the services of marketing companies to help us measure the effectiveness of our advertising and how visitors use our Website. To do this, we use [action tags and cookies] provided by the marketing companies on this site. Although the marketing companies log the information coming from our Website on our behalf, we control how that data may and may not be used.
Marketing Partners, Co-Branded Services, Framing/Windows on Third-Party Sites
Links and Banner Ads to Third-Party Sites
Please be aware that our Website may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those websites linking from or to our site are not covered by this Policy. These other sites may send their own cookies to users, collect data, or solicit personal information for which we have no liability of responsibility.
We may use, share and/or disclose personal information in one or more of the following ways:
Marketing Communication and Advertising
To allow us to talk to you about our products and offer products and services to you. You may unsubscribe from such communication at any time.
To enable us to provide online shopping, services and delivery for your convenience.
In circumstances where; we sell products, in which case we may disclose your personal data to the prospective seller of such products;
if some or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms; or to protect the rights, property, or safety of our company or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
You should carefully review privacy policies of any third party sites accessible from the Website.
Within DutyFreeZone.com, your information is kept on password protected, limited access servers. Wherever possible and applicable, DutyFreeZone.com servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA. Such staff maybe engaged in, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
The transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of your data transmitted and any transmission is at your own risk. Once your information is received, strict procedures and security features will be employed to endeavor to ensure unauthorized access. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your personal information will be completely removed from our backed-up databases. It is your responsibility to protect the security of your login information. Please note that emails you send to us through our Website are not encrypted, and you should not communicate any confidential information through our Website.
You must be at least 18 years old to use this Website. Our policy is that we do not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age. If you are the parent or guardian of a child under 18 years of age and believe that they have disclosed personally identifiable information to us, please contact us at [email protected] so that we may delete the information.
This Policy was last changed on Sept 1, 2011. If DutyFreeZone.com makes changes to any terms or conditions of the Policy, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We may change, modify, add or remove portions of this Policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise.
Attn: Privacy Compliance Officer
DutyFreeZone.com reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms each time before using the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms, which shall apply until we post modified Terms and then in accordance with such modified Terms. As long as you comply with these Terms and any such modifications, DutyFreeZone.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Website.
All media (downloaded or samples), software, text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Website (collectively, "Content"), including but not limited to the design, selection, arrangement, and co-ordination of such Content on the Website is owned or licensed by or to DutyFreeZone.com, and is protected by copyright, and trade mark laws, and various other intellectual property rights. Except as expressly provided in these Terms, no part of the Website and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without DutyFreeZone.com's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and dutyfreezone.com reserves all rights not expressly granted hereunder. DutyFreeZone.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Website.
[All custom graphics, icons, logos and service names are registered trademarks or service marks of dutyfreezone.com.] All other trademarks or service marks are the property of their respective owners. The use of any dutyfreezone.com trademark or service mark without DutyFreeZone.com's express written consent is strictly prohibited.
Certain services offered on or through the Website require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account My Account. You agree to notify DutyFreeZone.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by DutyFreeZone.com or any other user of the Website due to someone else using your password or customer account. You may not use anyone else's password or My Account at any time. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website.
You also agree that DutyFreeZone.com may, in its sole discretion and without prior notice to you, terminate your access to the Website and your My Account for any reason, including without limitation: (1) attempts to gain un-authorized access to the Website or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Website or any service offered on or through the Website, (4) violations of these Terms , (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that DutyFreeZone.com will not be liable to you or to any third party for termination of your My Account or your access to the Website.
By establishing a My Account with us, and each time you make a purchase through our Website, you grant permission for DutyFreeZone.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at [email protected] or follow the unsubscribe procedures set forth in such marketing emails.
To purchase any goods and/or services on our Website, you must (a) be at least eighteen (18) years of age, (b) be a natural person (no companies, partnerships or other legal entities), (c) be capable of entering into binding contracts and (d) be a resident in one of the Service Countries [insert link to list]. Prior to the purchase of any goods or services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or security codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
All payments must be made by VISA, MasterCard, American Express and other credit cards (each of which may be removed by DutyFreeZone.com in its sole discretion). Unless expressly set forth on the Website, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT DutyFreeZone.com, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify DutyFreeZone.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If DutyFreeZone.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by DutyFreeZone.com or its agents. You are responsible for paying any taxes imposed on your purchases, including, but not limited to sales tax.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. DutyFreeZone.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. DutyFreeZone.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by DutyFreeZone.com upon shipment of Product(s) that you have ordered, [or upon the completion of the license and delivery of a Digital Download,] as indicated by our servers. Title to Product(s) and all risk of loss passes to you upon delivery or collection of the Product(s). We may require additional verifications or information before accepting any order. DutyFreeZone.com is a reseller to end users and does not accept orders from any third party (resellers, exporters, wholesalers, any businesses of any kind or other customers) who intends to resell.
DutyFreeZone.com shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. DutyFreeZone.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DutyFreeZone.com shall immediately issue a credit to your credit card account in the amount of the charge.
DUTYFREEZONE.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE OR BY E-MAIL DELIVERY TO YOU.
Price comparisons may be made throughout the Website to indicate the relative savings amounts of our pricing. "RETAIL PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the retail price. Actual retail prices may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at retail price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our Websites. Because the list price may be different than the actual retail prices, you may not actually realise a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
You agree to indemnify and hold harmless DutyFreeZone.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable legal and other fees, made by any third party arising out of or related to your violation of these Terms, or your violation of any law, regulation or third-party right.
THE WEBSITE, PRODUCTS, SERVICES, CONTENT, [DIGITAL DOWNLOADS], SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS". ALL OF DUTYFREEZONE.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR SEVEN (7) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, DUTYFREEZONE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE DUTYFREEZONE.COM WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE WEBSITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT [AND/OR DIGITAL DOWNLOADS] REMAINS WITH YOU. IN NO EVENT SHALL DUTYFREEZONE.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT [AND/OR DIGITAL DOWNLOADS,] WITH THE DELAY OR INABILITY TO USE THE DUTYFREEZONE.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE WHETHER BASED ON CONTRACT, DELICT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF DUTYFREEZONE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THE WEBSITE, THE MAXIMUM LIABILITY THAT DUTYFREEZONE.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO DUTYFREEZONE.COM BY THE END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF DUTYFREEZONE.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
DutyFreeZone.com will terminate the account of any customer or vendor who uses or unlawfully transmits copyright material without a license, or a valid defense to do so. After proper notification by the copyright holder or its agent to DutyFreeZone.com and later confirmation through court order or an admission by the customer/vendor that an account has been an instrument of unlawful infringement, DutyFreeZone.com will terminate the infringing customer's My Account. DutyFreeZone.com may also in its sole discretion decide to terminate a customer's account privileges including his/her My Account prior to that time if it has good belief that infringement has in fact occurredDutyFreeZone.com respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Website, please contact "Legal Department" at:
Attn: Legal Department,
The following policies/agreements are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Website:
· DutyFreeZone.com Buyer's Agreement
· DutyFreeZone.com Seller's Agreement
· DutyFreeZone’s Returns Policy
Each of these policies/agreements may be changed from time to time and are effective immediately after we post the changes on the Website. In addition, when using particular services on the Website, you agree that you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these Terms.
No delay or failure to take action under these Terms shall constitute any waiver by DutyFreeZone.com of any provision of these Terms.
If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect.
These Terms will bind and inure to the benefit of DutyFreeZone.com's permitted successors and assigns.
These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. DutyFreeZone.com may freely assign these Terms without consent or notice.
These Terms (including all documents expressly incorporated herein by reference constitutes the complete and exclusive agreement between DutyFreeZone.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: 28th, Oct 2017
We hope you are happy with the products you purchased from Duty Free Zone (“”). In the event you are not satisfied with your order, please review the following information regarding our return policy.
You may cancel your order from DutyFreeZone.com for a full refund if we receive your cancellation request prior to processing your order. Cancellation requests must be received in writing and include the following information Please send your cancellation request using the contact information provided below.
Return or Exchange of a Product
If you are not satisfied with any product you receive from DutyFreeZone.com, we will gladly accept the returned product and provide a full refund or credit provided the returned product meets the conditions provided below.
If you prefer to exchange a product for a different size, color or design, this can be arranged, subject to availability. Please contact us within (seven (7) days) of receipt of your order to make inquiry about exchanging your order using the contact information provided below.
· Product must be returned within three (3) days) at the store it was picked up.
· Merchandise must be returned unopened in the original manufacturer packaging in a re-sellable condition and include all manufacturer documentation.
· It is your responsibility to ship the returned product back to the store you received it from, not to DutyFreeZone.com. The product is your responsibility until the store receives it.
If you receive a defective product from us, please contact us using the contact information provided below. You will need to provide us with your name, telephone number, address, order reference number, and the reason the product is defective. We will then advise you as to how to proceed with the return. We will issue a full refund if the defective product is returned to the store within three (3) days of receipt.
If you take a product from the store that is incorrect, please contact us using the contact information provided below. You will need to provide us with your name, telephone number, address, order reference number, and details about the product received. We will then advise you as to how to proceed with the return. We will exchange the product or issue you a full refund if the incorrect product is returned to us within seven (7) days of receipt.
This Seller Agreement (this “”) governs your use of the DutyFreeZone.com (the “ ”) to post items for sale and to use this Site for all other related purposes. PLEASE READ THIS SELLER AGREEMENT CAREFULLY. YOU MUST AGREE TO THESE TERMS IN ORDER TO ACCESS AND USE THIS SITE. IF YOU AGREE TO THE TERMS THIS SELLER AGREEMENT, PLEASE CLICK ON THE “I HAVE READ, UNDERSTAND AND AGREE TO THIS SELLER AGREEMENT” UNDER YOUR SELLER ACCOUNT SETTINGS. YOU MAY THEN PROCEED TO USE THIS SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS SELLER AGREEMENT, DO NOT USE THIS SITE.
Duty Free Zone (“”) reserves the right to change any of the terms and conditions contained in this Seller Agreement or any policies or rules governing this Site or services offered by DutyFreeZone.com, at any time and in its sole discretion.
Any such changes will be effective upon the posting of the revised Seller Agreement or such policies and rules on the Site. Material changes to this Seller Agreement shall be accompanied by a thirty (30) day notice on the Site. You are solely responsible for reviewing any such notice and any applicable changes. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY SUCH CHANGES WILL CONSTITUTE YOUR ACCEPTANCE. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE SITE OR ASSOCIATED SERVICES.
You must be eighteen (18) years or older to use the Site and must be able to lawfully enter into and form contracts under applicable law within your country..
Prior to making any listings on the Site, you must set up a seller’s account (“”) with DutyFreeZone.com. To set up a Seller’s Account, you must provide your real name, current address, registered office address, phone number, email address, valid credit card information, bank account number, employer identification number, and any other information requested by DutyFreeZone.com.
You authorize DutyFreeZone.com to verify the accuracy of your information and to perform credit or background checks as it desires. DutyFreeZone.com may deny or terminate any Seller’s Account for any reason.
DutyFreeZone.com provides the Site solely as a location for buyers (“”) to locate and purchase new (and used) products (“ ”) which are offered by sellers (“ ”) like you that are independent or vendors of DutyFreeZone.com.
When Buyers purchase Products on the Site, they are purchasing the Products from DutyFreeZone.com and not from you.
You agree that DutyFreeZone.com is not an agent for you or for the buyer and has no authority to act on your or the Buyer’s behalf.
You agree, represent and warrant that your use of the Site will comply with all applicable laws, ordinances and regulations.
At any time, DutyFreeZone.com may terminate this Seller Agreement and may halt any pending listings or sales at any time without notice to you.
When Buyers make an order through the Site, DutyFreeZone.com shall contact you via your seller interface and/or via email with an offer to purchase the Products specified on the order from the Buyer. You must respond instantaneously by way of automatic e-mail confirmation (“ ”) to confirm whether you accept the offer to purchase. By sending the Order Confirmation, you are confirming that you have the Products in stock and they are available for either shipment or collection immediately.
Any Order Confirmation must include verifiable collection information, including a unique identifying code to be used as proof of purchase for the purposes of shipment or collection of Products.
DutyFreeZone.com will pay to you the cost associated with collected orders within thirty (30) days of your Order Confirmation (“”).
Notwithstanding the terms of Section 5.3 any other amounts owed to DutyFreeZone.com pursuant to the Seller’s Guidelines (“ ”) will be deducted from the Purchase Payment.
DutyFreeZone.com may set transaction limits on any Seller and will not be liable to Seller for blocking or otherwise refusing to proceed with any transaction. DutyFreeZone.com also reserves the right to withhold the payment of the Purchase Payment if DutyFreeZone.com are currently investigating any claim or any suspected or alleged wrongful conduct by you or any violation of this Seller Agreement, and you agree that DutyFreeZone.com will not be liable to you for any such amounts.
Upon any termination or suspension of a Seller’s Account, DutyFreeZone.com may hold all Purchase Payments for up to ninety (90) days to allow for the settlement of all amounts owed to DutyFreeZone.com.
You agree and warrant that any product description you provide on the Site and any other information and/or content you provide to Buyers or to DutyFreeZone.com at any time (“”) meets the following conditions:
is truthful, accurate and not misleading or otherwise deceptive;
does not violate the intellectual property rights of any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy;
does not violate any law, statute, ordinance or regulation;
is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and
does not create any liability for DutyFreeZone.com.
You agree that all Seller Content may be publicly displayed on the Site and for promotional purposes on and by other media at the discretion of DutyFreeZone.com and at no charge to DutyFreeZone.com.
You agree that all Product listings advertised for sale on the Site are available and in stock. In the event that a Product is no longer available for any reason, all Seller Content in relation to that Product will be removed from the Site without delay.
You automatically grant, as well as represent and warrant that you have the right to grant to DutyFreeZone.com (which includes, without limitation, all of DutyFreeZone.com’s related and affiliated companies), an irrevocable, perpetual, sub-licensable, transferable, non-exclusive, royalty-free and fully paid-up, worldwide right and license to use, copy, transmit, perform, display, modify and create derivative works, incorporate and imbed into other works, and distribute Seller Content throughout the Site and to all of the DutyFreeZone.com properties and sites (including, without limitation, those properties and sites of DutyFreeZone.com’s related or affiliated companies) in any medium or form now existing or later created.
You hereby represent and warrant that you will not list, offer or sell Products that:
Are stolen or counterfeit;
Violate the intellectual property rights of others such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy;
You do not have full right and authority to sell;
Contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Violate any law, statute, ordinance or regulation (such as those governing export control or consumer protection);
Contain any material that is obscene, pornographic or contains child pornography; and/or
Create liability for DutyFreeZone.com.
All listings will comply with the (DutyFreeZone.com commercial terms) (“”) which are deemed incorporated into this Seller Agreement. You agree to sell the Product to DutyFreeZone.com for the listed purchase price set according to the Commercial Terms is net of any commission owed to DutyFreeZone.com. By posting a Product on the Site, you agree to complete the transaction as contemplated by this Seller Agreement.
DutyFreeZone.com will notify you of an order placement and issue a subsequent offer to purchase via your seller interface on the Site and/or via email.
You agree to make available for collection by the consumer or buyer any products ordered by DutyFreeZone.com immediately following such notification of the order.
You shall provide notice of pick up notice (“”) to DutyFreeZone.com through your seller interface on the Site, and you hereby represent and warrant that you will only provide a Pick up Notice following your actual delivery of the Product.
If DutyFreeZone.com does not receive a Pick up Notice within seventy two (72) hours window, DutyFreeZone.com may cancel such order and shall have no liability to you with respect to such cancellation.
You agree that DutyFreeZone.com has no obligation to ship any Products that are ordered by a Buyer on the Site.
You agree that all risk of loss or damage of your Products remain with you until the Buyer physically receives the Products from you.
You agree that you will only deliver the Products purchased by DutyFreeZone.com and will not include any additional Products, materials or information not purchased by the DutyFreeZone.com.
DutyFreeZone.com will notify you in the offer to purchase via your seller interface or via email if a Buyer chooses to collect Products from any store or outlet operated by you.
You agree to make the ordered Products available for collection by Buyers within one (1) hours following notification of such order by DutyFreezone.com.
You shall provide notice of availability for collection (“”) to DutyFreeZone.com through your seller interface, and you hereby represent and warrant that you will only provide a Collection Notice if the ordered Products are available for collection at the relevant store within one hour (1) hours after the Collection Notice is provided.
If DutyFreeZone.com does not receive a Collection Notice within such seventy two (72) hour window, DutyFreeZone.com may cancel such order and shall have no liability to you with respect to such cancellation.
You agree that DutyFreeZone.com has no obligation to make any ordered Products available for collection by a Buyer.
You agree that all risk of loss or damage of your Products remains with you until a Buyer physically receives the Products from you.
You agree that you will only make the Products purchased by DutyFreeZone.com available for collection by the Buyers and will not include any additional Products, materials or information not purchased by DutyFreeZone.com.
You agree to not charge and collect any sales, use, excise or similar taxes from DutyFreeZone.com. DutyFreeZone.com will collect and remit all applicable sales, use, excise or similar taxes on any Products purchased from Buyers to the applicable government. Upon your request, DutyFreeZone.com will promptly supply you with a Resale Certificate or equivalent document acceptable to the appropriate taxing authorities.
You agree to pay DutyFreeZone.com the fees and charges set forth in this Seller Agreement and/or the Seller’s Guidelines.
These fees and charges may change from time to time as agreed with you.
All fees and charges will be deducted from the Purchase Payment by DutyFreeZone.com.
You agree that DutyFreeZone.com is authorized to charge any credit card connected to your account for any subsequent fees and charges.
You also agree that DutyFreeZone.com may deduct such fees and charges from amounts payable to you in relation to the Purchase Payments.
Without limiting any of its rights or remedies available at law or equity, DutyFreeZone.com may suspend or terminate your Site account if any such amounts are overdue, and all such overdue amounts shall be subject to a late charge equal to 1.5% per month, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by DutyFreeZone.com.
DutyFreeZone.com does not provide any customer support for transactions made through the Site and you agree that DutyFreeZone.com is not responsible to provide any such support
YOU ACKNOWLEDGE, CONSENT AND AGREE THAT DUTYFREEZONE.COM MAYPROVIDE BUYERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR BUYERS TO COMMUNICATE WITH YOU REGARDING (A) THE SHIPMENT AND/OR COLLECTION OF PRODUCTS ORDERED FROM THEM ON THE SITE AND (B) FOR ANY OTHER RELATED ISSUES THAT MAY ARISE IN CONNECTION WITH A BUYER’S ORDER (INCLUDING WITHOUT LIMITATION, ANY INFORMATION YOU DISCLOSED DURING REGISTRATION AND YOUR EMAIL ADDRESS) PROVIDED SUCH INFORMATION MAY BE LAWFULLY DISCLOSED BY DUTYFREEZONE.COM. YOU ALSO ACKNOWLEDGE, CONSENT AND AGREE THAT DUTYFREEZONE.COM MAY POST FEEDBACK ABOUT YOU ON THE SITE, INCLUDING WITHOUT LIMITATION, YOUR SELLER DETAILS, RATINGS, BUYER FEEDBACK AND EMAIL ADDRESS. YOU ACKNOWLEDGE, CONSENT AND AGREE THAT DUTYFREEZONE.COM MAY DISCLOSE RELEVANT INFORMATION ABOUT YOU TO THIRD PARTY SERVICE PROVIDERS WHICH DUTYFREEZONE.COM EMPLOYS TO PERFORM FUNCTIONS ON BEHALF OF DUTYFREEZONE.COM. YOU HEREBY AGREE THAT DUTYFREEZONE.COM SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY BUYER OR THIRD PARTY SERVICE PROVIDER.
You may receive access to certain information concerning other Site users when you use the Site and you hereby represent, warrant and agree (a) not to use any information regarding other Site users which is accessible from the Site or that may be disclosed to you by DutyFreeZone.com, except when necessary to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, harassment, sending unsolicited or spam emails, or any other conduct DutyFreeZone.com deems unacceptable or objectionable.
DutyFreeZone.com may provide your email address and other contact information to Buyers who purchase your Products through the Site.
You agree to respond only to inquiries by Buyers via DutyFreezone.com.
You will provide an immediate order cancellation notice to DutyFreeZone.com if you are unable to provide the items purchased by Dutyfreezone.com with 30 minutes after we have purchased it.
You agree that you will provide a prompt refund to DutyFreeZone.com if a Buyer does not receive the product that he purchased but you failed to deliver.
You agree that any such refund will be made no later than seven (7) business days after we issue a refund request.
Refunds may be made by using the “Refund” button in your seller account.
DutyFreeZone.com will not mediate any disputes or contact Buyers on your behalf regarding any claim you may have against a Buyer.
If a Buyer submits a claim to DutyFreeZone.com concerning a Product or an order from you, DutyFreeZone.com may research the claim and may contact you concerning the claim.
You agree to respond promptly within one working day to any inquiry by DutyFreeZone.com.
DutyFreeZone.com’s decision concerning any claim submitted by a Buyer is final and binding upon you and you agree to abide by all such decisions.
DutyFreeZone.com may immediately recover the amount of any refund it pays to a Buyer by (A) off-setting such amount by any other amount to be paid to you in accordance with this Seller Agreement (B) charging your credit card on file and/or (C) collecting such amount in any other lawful manner.
Without limiting any of its rights to remedies, if DutyFreeZone.com determines that you have directly or indirectly attempted or committed fraudulent activity with respect to the Site and/or the DutyFreeZone (Guarantee Claim Process),DutyFreeZone.com may immediately suspend or terminate your Sellers’ Account, and withhold your Purchase Payments. DutyFreeZone may recover the amount of damages and costs incurred by DutyFreeZone.com in connection with such fraudulent activity by (A) offsetting such amounts against any other amount to be paid to you in accordance with this Seller Agreement (B) charging your credit card on file and/or (C) collecting such amounts in any other lawful manner. In addition, any such fraudulent activity is a criminal offense and DutyFreeZone will assist law enforcement so that violators will be prosecuted to the fullest extent of the law.
You agree to indemnify, defend and hold harmless DutyFreeZone.com and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees (“”) from any claim or demand, including reasonable legal and other fees, made by any third party arising out of or related to any claim, demand or action, which if true, would constitute a breach or violation of any provision of this Seller Agreement or DutyFreeZone.com’s Terms, or of any law, regulation or third-party right. DutyFreeZone.com may immediately set-off any and all of its costs and/or expenses that are incurred in connection with the foregoing against any amounts owed to Seller (including, without limitation, any Purchase Payments.)
IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE SITE, [OR BETWEEN YOU AND A BUYER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE SITE], YOU HEREBY RELEASE DUTYFREEZONE.COM AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK.
THE SITE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” DUTYFREEZONE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, OR LACK OF VIRUSES.
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, THE USE OF ANY SERVICES OFFERED IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.
IN NO EVENT SHALL DUTYFREEZONE.COM OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SELLER AGREEMENT, YOUR USE OF THE SITE OR ITS SERVICES, ANY INFORMATION OBTAINED THROUGH THE SITE, ANY DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES TO YOU IN CONNECTION WITH THE DUTY FREE ZONE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF DUTYFREEZONE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS SELLER AGREEMENT, THE MAXIMUM LIABILITY THAT DUTYFREEZONE.COM SHALL HAVE IS LIMITED TO THE ACTUAL VALUE OF ANY FEES ACTUALLY RECEIVED BY DUTYFREEZONE.COM IN CONNECTION WITH ANY SALES MADE BY YOU THROUGH USE OF THE SITE IN THE PRECEDING SIX (6) MONTHS.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN, REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS SELLER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
No delay or failure by DutyFreeZone.com to take action under this Seller Agreement shall constitute any waiver by DutyFreeZone.com of any provision of this Seller Agreement. A waiver by DutyFreeZone.com of any default will not constitute a waiver of any subsequent default. DutyFreeZone.com's failure to enforce the strict performance of any provision of this Seller Agreement will not constitute a waiver of DutyFreeZone.com's right to subsequently enforce such provision or any other provisions of this Seller Agreement.
If any provision of this Seller Agreement is unlawful, invalid or unenforceable under applicable law, then that provision shall be deemed severable from the terms and conditions of this Seller Agreement and the remaining provisions of this Seller Agreement will continue in full force and effect.
This Seller Agreement will bind and inure to the benefit of DutyFreeZone.com’s permitted successors and assigns.
This Seller Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Seller Agreement shall be null and void. DutyFreeZone.com may freely assign this Seller Agreement without your consent or notice.
The provisions of this Seller Agreement are for the benefit of DutyFreeZone.com and its Affiliates. Accordingly, each such Affiliate will have the right to assert and enforce the provisions of this Seller Agreement as if it were a party to this Seller Agreement. Save as expressly provided in the immediately preceding sentence, a person who is not party to this Seller Agreement has no right to enforce any term of this Seller Agreement.
The laws of the state of Texas govern this Seller Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with DutyFreeZone.com or its affiliates relating in any way to these terms and conditions shall be adjudicated in any state or federal court of Webb County (Texas) for the time being, and you consent to exclusive jurisdiction and venue in such courts.
DutyFreeZone.com is a trademark and service mark of Duty Free Zone Ltd Grand Cayman CI.