TERMS & CONDITIONS
Conditions Of Use For Buyers
Apr 30th, 2022
Welcome to DutyFreeZone.com and Duty Free Zone Inc and/or its affiliates (“DutyFreeZone.com”). DutyFreeZone.com provides website features and other products and services to you when you visit or shop at DutyFreeZone.com, use DutyFreeZone.com products or services, use DutyFreeZone.com applications for mobile, or use software provided by DutyFreeZone.com in connection with any of the foregoing (collectively, “DutyFreeZone.com Services”). DutyFreeZone.com provides the DutyFreeZone.com Services subject to the following conditions.
By using DutyFreeZone.com Services, you agree to these conditions. Please read them carefully.
We offer a wide range of DutyFreeZone.com Services, and sometimes additional terms may apply. When you use a DutyFreeZone.com Service (for example, Your Profile, Gift Cards, DutyFreeZone.com Video, Your Media Library, you will also be subject to the guidelines, terms and agreements applicable to that DutyFreeZone.com Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Privacy
Please review our Privacy notice, which also governs your use of DutyFreeZone.com Services, to understand our practices.
Electronic Communications
When you use DutyFreeZone.com Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other DutyFreeZone.com Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any DutyFreeZone.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of DutyFreeZone.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any DutyFreeZone.com Service is the exclusive property of DutyFreeZone.com and protected by U.S. and international copyright laws.
Trademarks
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any DutyFreeZone.com Service are trademarks or trade dress of DutyFreeZone.com in the U.S. and other countries. DutyFreeZone.com ‘s trademarks and trade dress may not be used in connection with any product or service that is not DutyFreeZone.com ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DutyFreeZone.com. All other trademarks not owned by DutyFreeZone.com that appear in any DutyFreeZone.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DutyFreeZone.com.
Patents
One or more patents owned by DutyFreeZone.com apply to the DutyFreeZone.com Services and to the features and services accessible via the DutyFreeZone.com Services. Portions of the DutyFreeZone.com Services operate under license of one or more patents.
License and Access
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, DutyFreeZone.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the DutyFreeZone.com Services. This license does not include any resale or commercial use of any DutyFreeZone.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any DutyFreeZone.com Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by DutyFreeZone.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No DutyFreeZone.com Service, nor any part of any DutyFreeZone.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DutyFreeZone.com You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DutyFreeZone.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing DutyFreeZone.com ‘s name or trademarks without the express written consent of DutyFreeZone.com. You may not misuse the DutyFreeZone.com Services. You may use the DutyFreeZone.com Services only as permitted by law. The licenses granted by DutyFreeZone.com terminate if you do not comply with these Conditions of Use or any Service Terms.
Your Account
You may need your own DutyFreeZone.com account to use certain DutyFreeZone.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.DutyFreeZone.com to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. DutyFreeZone.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the DutyFreeZone.com Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their DutyFreeZone.com Household. Alcohol listings on DutyFreeZone.com are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. DutyFreeZone.com reserves the right to refuse service, terminate accounts, terminate your rights to use DutyFreeZone.com Services, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications and Other Content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DutyFreeZone.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DutyFreeZone.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DutyFreeZone.com and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DutyFreeZone.com for all claims resulting from content you supply. DutyFreeZone.com has the right but not the obligation to monitor and edit or remove any activity or content. DutyFreeZone.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Complaints
DutyFreeZone.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
All purchases of physical items from DutyFreeZone.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
DutyFreeZone.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, DutyFreeZone.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
Product Descriptions
DutyFreeZone.com attempts to be as accurate as possible. However, DutyFreeZone.com does not warrant that product descriptions or other content of any DutyFreeZone.com Service is accurate, complete, reliable, current, or error-free. If a product offered by DutyFreeZone.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on DutyFreeZone.com and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on DutyFreeZone.com
With respect to items sold by DutyFreeZone.com we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by DutyFreeZone.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
App Permissions
When you use apps created by DutyFreeZone.com, such as the DutyFreeZone.com App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Sanctions and Export Policy
You may not use any DutyFreeZone.com Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using DutyFreeZone.com Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including DutyFreeZone.com Software), technology, and services.
Other Businesses
Parties other than DutyFreeZone.com operate stores, provide services or software, or sell product lines through the DutyFreeZone.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from DutyFreeZone.com. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). DutyFreeZone.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
The dutyfreezone.com services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the dutyfreezone.com services are provided by dutyfreezone.com on an “as is” and “as available” basis, unless otherwise specified in writing.
Dutyfreezone.com makes no representations or warranties of any kind, express or implied, as to the operation of the dutyfreezone.com services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the dutyfreezone.com services, unless otherwise specified in writing. you expressly agree that your use of the dutyfreezone.com services is at your sole risk.
To the full extent permissible by law, dutyfreezone.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Dutyfreezone.com does not warrant that the dutyfreezone.com services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the dutyfreezone.com services, dutyfreezone.com ‘s servers or electronic communications sent from dutyfreezone.com are free of viruses or other harmful components to the full extent permissible by law, dutyfreezone.com will not be liable for any damages of any kind arising from the use of any dutyfreezone.com service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any dutyfreezone.com service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Disputes
Any dispute or claim relating in any way to your use of any DutyFreeZone.com Service, or to any products or services sold or distributed by DutyFreeZone.com or through DutyFreeZone.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, Duty Free Zone Inc, 129 West Hibiscus Blvd. Melbourne, Florida, 32901, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, DutyFreeZone.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By using any DutyFreeZone.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DutyFreeZone.com .
Site Policies, Modification and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of DutyFreeZone.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
Duty Free Zone Inc.
129 West Hibiscus Blvd.
Melbourne, Florida, 32901, USA
Additional Dutyfreezone.com Software Terms
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with DutyFreeZone.com Services (the “DutyFreeZone.com Software”).
1. Use of the DutyFreeZone.com Software. You may use DutyFreeZone.com Software solely for purposes of enabling you to use the DutyFreeZone.com Services as provided by DutyFreeZone.com, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the DutyFreeZone.com Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the DutyFreeZone.com Software in whole or in part. All software used in any DutyFreeZone.com Service is the property of DutyFreeZone.com or its software suppliers and is protected by United States and international copyright laws.
2. Use of Third-Party Services. When you use the DutyFreeZone.com Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the DutyFreeZone.com Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the DutyFreeZone.com Software at any time and without notice to you.
5. Government End Users. If you are a U.S. Government end user, we are licensing the DutyFreeZone.com Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the DutyFreeZone.com Software are the same as the rights we grant to all others under these Conditions of Use.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other DutyFreeZone.com or third-party terms applicable to any portion of DutyFreeZone.com Software, such as open-source license terms, such other terms will control as to that portion of the DutyFreeZone.com Software and to the extent of the conflict.
How to Serve a Subpoena or Other Legal Process
DutyFreeZone.com accepts service of subpoenas or other legal process only through DutyFreeZone.com ’s national registered agent, Subpoenas or other legal process may be served by sending them to CSC at the following address:
Duty Free Zone, Inc.
129 West Hibiscus Blvd.
Melbourne, Florida, 32901, USA
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for DutyFreeZone.com devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Copyright Agent
DutyFreeZone.com Legal Department
129 West Hibiscus Blvd.
Melbourne, Florida, 32901, USA
e-mail: copyright@DutyFreeZone.com
Written claims concerning copyright infringement must include the following information:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
· A description of the copyrighted work that you claim has been infringed upon.
· A description of where the material that you claim is infringing is located on the site.
· Your address, telephone number, and e-mail address.
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.C
Terms and Conditions
READ CAREFULLY. This Terms of Use Agreement (“Terms”) applies to use of the dutyfreezone.com website located at https://www.dutyfreezone.com (the “Website”). The Website is the property of Duty Free Zone Limited (“DutyFreeZone.com”). Before you make any purchases, you must first establish a customer account (“My Account”). BY CLICKING “I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE,” YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE WEBSITE.
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.
Content, Copyright and Trademark Notice
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.
Registration, Customer Accounts and Use of Website
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.
Consent to Collection, Use & Disclosure of Your Personal Information
As more fully described in our Privacy Policy, (click here to view), you must disclose certain personal information to use our Website, register, and make purchases. As a condition of registering with our Website or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personal information. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Website, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
Consent to Our Communication With You by E-Mail
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 unsubscribe@dutyfreezone.com or follow the unsubscribe procedures set forth in such marketing emails.
Conditions of Sale and Payment Terms
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.
Methods of Payment, Credit Card Terms and Taxes
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.
Order Acceptance Policy
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.
No Responsibility to Sell Mispriced Products or Services
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.
Modifications to Prices or Billing Terms
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, “Retail Price” and “You Save”
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.
Service and Support for Goods Sold
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
Indemnification
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.
Disclaimer of Warranties
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.
Limitation of Liability
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.
Policy to Terminate Privileges for Copyright Infringement
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,
General Terms & Conditions
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.com’s Privacy Policy
· 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.
Governing Law
Any claim under these Terms must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of Florida without regard to or application of any conflict of law’s provisions. You submit to the exclusive jurisdiction of the Courts of Broward County (Florida) for the time being.
Last modified: 30th, Apr 2022
Conditions Of Use For Sellers
Apr 30th, 2022
Seller Agreement
This Seller Agreement (this “Seller Agreement”) governs your use of the DutyFreeZone.com (the “Site”) 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.
Introduction
Duty Free Zone (“DutyFreeZone.com”) 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.
Terms of Use and Privacy Policy
The terms of this Seller Agreement are in addition to and supplement DutyFreeZone.com’s Terms of Use (“Terms”), Privacy Policy and Return Policy. By clicking below to enter this Seller Agreement, you also affirm your agreement to abide by the Terms, the Privacy Policy and the Return Policy.
Seller Eligibility
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 (“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.
Purpose and Use
DutyFreeZone.com provides the Site solely as a location for buyers (“Buyers”) to locate and purchase new (and used) products (“Products”) which are offered by sellers (“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.
Payment
1.1 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 (“Order 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 (“Purchase Payment”).
Notwithstanding the terms of Section 5.3, any other amounts owed to DutyFreeZone.com pursuant to the Seller’s Guidelines (“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.
Information and Content Provided by Sellers
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 (“Seller Content”) 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.
Products You Sell Through the Duty Free Zone
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) (“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.
Pick Up Order
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 (“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.
Collection
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 (“Collection Notice”) 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.
Taxes
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.
Fees
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.
Duty Free Zone Customer Service
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
Privacy
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.
Dispute Resolution Steps and Refunds
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.
Indemnity
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 (“Affiliates”) 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.)
Release
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.
Warranty Disclaimer
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.
Limitation of Liability
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.
General
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.
This Seller Agreement, including any terms and conditions incorporated herein by reference, including but not limited to DutyFreeZone’s Terms, Privacy Policy and Return Policy and 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.
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.
Law and Jurisdiction
The laws of the state of Florida 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 Broward County (Florida) 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.
