General Conditions of Use
The Hi Duty Free intermediation via online advertisements service offered by HI DUTY FREE SAS (hereinafter referred to as the "HDF platform") establishes a contact between Travellers who frequent commercial infrastructures in airports and Purchasers of Products.
The Travellers and Purchasers shall be hereinafter referred to jointly as the Members. The HDF Platform allows sales contracts for Products to be concluded. The Members alone shall decide on the completion of Product purchases and sales.
The acceptance by the Members of these General Terms and Conditions of Use for the HDF Platform shall constitute authorisation to HI DUTY FREE SAS to establish a contact between Travellers and Purchasers and manage the sales effected on the HDF platform in accordance with the following terms and conditions.
1 - DEFINITIONS
Hi Duty Free: shall refer to the company HI DUTY FREE SAS
Hi Duty Free Platform or HDF Platform : shall refer to the functional and organisational structure set up by HI DUTY FREE SAS enabling the execution of the service for establishing contact between Travellers and Purchasers of Products.
Product: shall refer to a product liable to be subject to the establishment of a contact via the HDF Platform.
Banned Product: shall refer to Products whose sale is regulated, which contravene standards of common decency or are not authorised as a result of legislative, regulatory or contractual provisions to the contrary. This shall refer in particular to Products deemed to be counterfeit within the meaning of the French Intellectual Property Code or the sale of which would constitute an infringement of selective or exclusive distribution systems.
Traveller: shall refer to a Member making one or more journeys by air on their own behalf and in a private capacity, who are liable to purchase on this occasion a Product at their departure airport corresponding to one or several Intentions to Purchase of one or several Purchasers. The Traveller shall undertake never to plan or make a journey specifically in response to Intentions to Purchase.
Purchaser: shall refer to a Member declaring one or several Intentions to Purchase one or several Products on the Hi Duty Free Platform.
Member: shall refer in the singular or plural to a Traveller or a Purchaser liable to make use of the HDF platform after acceptance of the General Terms and Conditions. All Members shall undertake to supply the correct information in regards to their identity, address and other data necessary for access to the HDF Platform and to update any element of this information when necessary. In order to benefit from the HDF Platform, all Members must be a natural person, in possession of their full legal capacity, have reached the age of eighteen (18), and have a delivery address located in an HDF Destination area, listed on the page of accessible airports . HI DUTY FREE is planning a gradual deployment of available delivery areas on an international scale. All members shall refrain from using the HDF Platform for professional purposes. In the event of non-observance of these conditions by a Member, Hi Duty Free may decide to terminate the registration of the said Member, with immediate effect and without prior notice.
Intention to Purchase : shall refer to an advertisement placed online on the HDF Platform whereby a Purchaser, in accordance with the terms specified in these General Terms and Conditions, expresses their desire to purchase a given Product, stating the requested city for delivery, the date after which the Intention will have expired, and the maximum sales price accepted. Please note, any online publication of an Intention to Purchase on the HDF Platform shall constitute a firm commitment to purchase once a Traveller undertakes to conclude the Deal corresponding to the Product, destination, price and time period appearing in the Intention to Purchase. The Purchaser may withdraw their Intention to Purchase from the HDF Platform at any time, provided that this Intention to Purchase has not been the subject of a commitment to a Deal.
Deal: shall refer to the undertaking by a Traveller use their boarding card to purchase a Product corresponding to an Intention to Purchase from a commercial structure in their departure airport, then to sell this Product to the Purchaser at a price not exceeding that of the corresponding Intention to Purchase, then to deliver the Product by authorising Hi Duty Free to deliver the Product to the Purchaser’s delivery address.
Hi Duty Free Destination or HDF Destination: shall refer to an arrival airport from which the Purchaser may authorise Hi Duty Free to deliver Products resulting from Deals. Each HDF Destination airport shall have a corresponding demarcated delivery area. Each HDF Destination and each corresponding delivery area shall be determined by Hi Duty Free and listed.
HDF Service Charges: shall refer to the commission received by Hi Duty Free for use of the Hi Duty Free Platform, calculated on the basis of the price of the Product sold by the Traveller to the Purchaser, in accordance with the scale appearing in the Article 8 of these General Terms and Conditions.
HDF Delivery Charges: shall refer where applicable to the commission paid by the Purchaser for the optional authorisation given to Hi Duty Free to deliver the Product to the Purchaser's delivery address in the name of and on behalf of the Traveller. The latter shall be specified in the fixed-price scale appearing in Article 9 of these General Terms and Conditions.
Bonus: shall signify the reward received by the Traveller as a result of the successful execution by them of a Deal and based on a specific scale.
Transaction Price: shall signify the total price of the Product payable by the Purchaser, including HDF’s service charges in addition to the Product Sales Price.
2 – PURPOSE
The purpose of these General Terms and Conditions of Use for the HDF Platform is to lay down the conditions according to which Members shall be authorised to use the HDF Platform.
3 – DESCRIPTION OF THE SERVICE
Hi Duty Free shall offer a service for establishing contact between Travellers who frequent commercial infrastructures in airports, and Purchasers of Products available in these infrastructures.
This service shall be deemed to have begun on the registration of the Member on the Hi Duty Free Platform.
Payment for this service shall be made solely on the fulfilment of the contract referred to, namely by the sale of a Product between a Traveller and a Purchaser.
3.1 First step: placing online of an Intention to Purchase by the Purchaser
The Purchaser shall place an Intention to Purchase online on the HDF Platform, which will contain the following information: the reference of the desired Product, the maximum price accepted for the purchase of this Product, and the town or city and country where the Product is to be delivered. The Intention to Purchase shall be received by Hi Duty Free, who shall validate it and make it anonymous before any online publication on the HDF Platform.
Any undertaking by a Traveller to conclude a Deal corresponding to the Intention to Purchase shall bind the Purchaser to purchasing from them the corresponding Product.
3.2 Second step: undertaking of the Traveller to conclude the Deal
The Traveller may consult the Intentions To Purchase on the HDF Platform and filter them in accordance with the type of Product desired, the maximum purchase Price accepted or the place of delivery.
They may then, on the Hi Duty Free Platform, make a commitment to conclude a Deal.
In this case, the Traveller shall specify:
- the price at which they undertake to sell the Product, within the limit of the maximum price indicated in the Intention to Purchase;
- their departure date from the airport where they will buy the Product;
The Purchaser shall then be informed by Hi Duty Free that a Traveller has accepted the Deal.
3.3 Third step: payment of the Transaction Price by the Purchaser
To benefit from this sale, the Purchaser must pay the Transaction Price to Hi Duty Free immediately and in full. This Price shall be payable by bank transfer and must be made within at least forty-eight hours before the Traveller’s departure date. If the Transaction Price is not paid within this time, the Deal shall be automatically cancelled.
The Transaction Price shall be equal to the price at which the Traveller has undertaken to sell the Product, to which shall be added the service charges specified by HDF.
Once paid, this Price shall be kept in a Hi Duty Free escrow account, and only paid to the Traveller, less HDF Service Charges, once the Product has been actually delivered and approved by the Purchaser.
After paying, the Purchaser may follow the execution of the Deal step-by-step (departure of the Traveller, arrival of the Traveller, receipt and approval of the purchased Product, delivery tracking) on the HDF Platform.
3.4 Fourth step: execution of the Deal by the Traveller
The Traveller, in order to conclude the Deal, shall purchase the Product corresponding to the Intention to Purchase in a commercial infrastructure in their departure airport. Once arrived in their Destination country and after having crossed the border, the Traveller shall undertake to sell this Product to the Purchaser at the price at which they had undertaken to sell it when accepting the Deal, and subject to enclosing with the Product its purchase receipt or invoice, as well as, where applicable, any document certifying the authenticity of the Product.
3.5 Fifth step: delivery of the Product
The Purchaser may choose two methods of delivery for the Product, and must communicate this choice on their acceptance of the Deal.
3.5.1. Delivery of the Product by the Purchaser's own means.
The Purchaser may choose to receive the Product from the Traveller by their own means.
Any receipt at the airport shall involve the signature, by the Purchaser, of an acknowledgement of receipt which shall be sent to the Traveller. The Purchaser shall send the original of this acknowledgement of receipt to Hi Duty Free, who, after verification of this document, shall proceed to pay the Traveller.
3.5.2. Delivery of the Product via the intermediary of Hi Duty Free
Both the Purchaser and the Traveller may choose, in addition to the authorisation to sell, to authorise Hi Duty Free to deliver the Product to the Purchaser's delivery address. This option shall only be available if the address for delivery of the product is located in an HDF Destination area.
For this purpose, Hi Duty Free shall send a local representative to the Traveller’s arrival airport in order to receive the Product accompanied by its purchase receipt or invoice, and where applicable, any documents certifying its authenticity. If the Product is not accompanied by any of these documents, the Deal shall be automatically cancelled.
Once the product has been received, Hi Duty Free may either send its local representatives to physically deliver the Products to the delivery address supplied by the Purchaser in their Intention to Purchase; or sub-contract the delivery to private or public companies choosing a method of delivery which offers adequate guarantees in terms of tracking.
The maximum delivery period to the Purchaser shall be four (4) weeks following finalisation of the Deal. Following this period, where delivery has not been made, the Deal shall then be considered null and void and the Purchaser shall be reimbursed. The Traveller shall remain liable for the HDF commission, and shall agree in advance to pay this via direct debit.
Any receipt at the airport shall require the signature, by the local HDF representative, of an acknowledgement of receipt which shall be sent to the Traveller.
4 - OBLIGATIONS OF HI DUTY FREE
4.1 Hi Duty Free shall undertake to make available to the Members a platform where the Intentions to Purchase of Purchasers are displayed.
For this purpose, Hi Duty Free shall receive authorisation from the Purchaser to make available to Travellers the Intentions to Purchase supplied by the Purchasers. Hi Duty Free shall receive authorisation from the Traveller to open an escrow account in their name and on their behalf for sums received during the transaction.
4.2 Because Hi Duty Free is neither the seller, nor the purchaser of the Products, Hi Duty Free shall not be involved in the execution of the contracts concluded between a Purchaser and a Traveller on the HDF Platform and shall therefore not be required to intervene in any disputes between the Members or to impose observance of these terms and conditions. Hi Duty Free recommends that in the event of a dispute, sellers and purchasers cooperate in jointly seeking an amicable solution.
4.3. Hi Duty Free shall not, except where specifically mentioned in the provisions of these General Terms and Conditions, take possession of the Products.
4.4. Hi Duty Free cannot guarantee that the Product will satisfy the Purchaser. Likewise, Hi Duty Free cannot guarantee the Traveller that the Product will not be returned or that the Deal will not be cancelled by the Purchaser.
4.5 Hi Duty Free shall put in place a Traveller evaluation and loyalty system, allowing the Purchaser, following the transaction with a Traveller, to determine satisfaction criteria based on a scale communicated by Hi Duty Free.
5 - OBLIGATIONS OF MEMBERS
5.1 On registering on the HDF Platform, the Member shall be assigned a unique identifier and access code in their name which are strictly personal, and which they shall undertake to keep confidential. The registered Member alone shall be authorised to use the HDF Platform using the identifier and personal access code. The Member shall undertake not to offer any other person access to the HDF Platform under their identity or pseudonym. Should they gain knowledge of the fact that another person has accessed the latter, the Member shall inform Hi Duty Free without delay and confirm this information in a letter.
5.2 The Member shall undertake not to adopt an identifier which may infringe the rights of a third party. The Member shall not adopt, for example, an identifier which may infringe intellectual property, a registered trademark, a corporate name or any directly or indirectly personal data.
5.3 The Member shall undertake not to create or use accounts other than that initially created, whether under their own identity or that of a third party. The fact of creating or using new accounts under their own identity or that of a third party may lead to the immediate suspension of the Member’s accounts and all associated services.
5.4 In the event of a dispute between the Members, the parties shall agree that the production by Hi Duty Free of records on the Hi Duty Free’s servers of the use of the HDF Platform and in particular of the Member’s personal access codes shall constitute proof between the parties.
5.5 The Member shall refrain from placing for sale, selling, leaving on sale or purchasing Banned Products, either directly or indirectly.
5.6. The Member shall undertake to inform Hi Duty Free without delay should they notice an Intention to Purchase, a Deal proposal or a delivery of any Banned Products.
5.7 Hi Duty Free reserves the right to immediately suspend the Member's account and to bring to the knowledge of the competent authorities any purchase, any offer of sale, or any attempt to offer on sale any Banned Products via the Hi Duty Free Platform. In such a situation, the Member shall be liable for handling fees of a fixed sum of 20 euros increased by a variable amount of 20% of the amount of the Intentions to Purchase/Deals, these being no lower than two hundred (200) euros exclusive of tax.
5.8 The Member shall undertake not to use the HDF Platform for commercial or professional purposes, and shall refrain from engaging in any advertising activities whatsoever in connection with the use of the HDF Platform.
5.9 The Member shall undertake to supply valid personal details for their account and to keep them up to date.
6 – OBLIGATIONS OF TRAVELLERS
6.1 The Traveller alone shall be responsible for the correct performance of the obligation to respect their Deal, namely: purchasing the goods corresponding to the Intention to Purchase in a commercial infrastructure in their departure airport, then selling these goods to the Purchaser with their purchase receipt or invoice and, where applicable, with any document certifying their authenticity while authorising Hi Duty Free to deliver to the Purchaser.
6.2 The Traveller alone shall be responsible for compliance with the content of the Intention to Purchase, particularly in the choice of the Product to be purchased and the Airport Price not to be exceeded. They shall guarantee Hi Duty Free against any claim related to an error committed by themselves in the execution of their Deal.
6.3 The Traveller alone shall be responsible for the correct execution of the obligation to deliver the Product which is the subject of the Deal. The Product shall travel at the risk and expense of the Traveller.
6.4 Provided that their Deal has been correctly executed, the Traveller shall receive a Bonus as defined in article 10.
6.5 Financial provisions
6.5.1 The Traveller shall authorise Hi Duty Free to receive, in their name and on their behalf, the Transaction Price, via a secure electronic payment system set up on the Hi Duty Free Platform or by any other means which may be approved at a later date by Hi Duty Free. See MangoPay General Terms and Conditions of Use
6.5.2 For this purpose, the Traveller shall, in their name and on their behalf, authorise Hi Duty Free to open an escrow account for sums received, with the bank chosen by Hi Duty Free or any other financial establishment offering equivalent services which may be substituted therefor. The parties shall agree that this escrow account shall only be used for the purposes of the execution of the General Terms and Conditions of Use of the Hi Duty Free Platform and pursuant to its provisions. The Traveller shall expressly refrain from claiming benefits from the sums (interests or other) which may be produced by the locking in of sums received on the occasion of the sale.
6.5.3 As remuneration for the use of the Hi Duty Free Platform, the Traveller shall authorise Hi Duty Free, by the sole fact of having accepted the Deal corresponding to the Purchaser’s Intention to Purchase and by the payment in full of the latter of the Transaction Price, to deduct from the total Price of the Transaction a Commission determined in accordance with the terms defined in article 6.5.4 hereinafter and in accordance with the scale appearing in article 8 of these General Terms and Conditions of Use.
6.5.4 The Commission invoiced by Hi Duty Free for each sale shall be directly deducted by Hi Duty Free when it makes a distinction between the Transaction Price paid by the Purchaser, and the sum paid by it to the Traveller, depending on the terms for operation of the mandate, increased where applicable by delivery charges in the event where the Purchaser has had the Product delivered outside of an HDF destination area. The calculation of the commission on the sales price of the article, as invoiced by the Traveller to the Purchaser, is specified in article 8 of these General Terms and Conditions of Use. The Commission shall become due to Hi Duty Free on the receipt by Hi Duty Free of the full amount of the Transaction Price.
7 – OBLIGATIONS OF PURCHASERS
7.1 Hi Duty Free may find it necessary, in exceptional circumstances and with the purpose of combatting possible fraud, to validate the Purchaser’s identity. In the case of late communication of or failure to communicate the information required by Hi Duty Free for validation of identity, Hi Duty Free may cancel the Deal or delay its execution.
Data of a personal nature collected during this verification shall be processed in compliance with the legislative and regulatory provisions in force and with Hi Duty Free’s privacy protection policy. This data shall be intended for the use of Hi Duty Free alone and shall be retained during the period strictly necessary for the execution of the transaction.
7.2 The Purchaser shall undertake to observe all of laws and regulations relative to the acquisition of goods of any type. In particular, the Purchaser is warned that they are liable to receive a claim from the administrative authorities for the payment of VAT and customs duties when purchasing Products from Sellers outside of the European Union.
7.3 In the event of non-payment following a fraudulent use of a means of payment, Hi Duty Free shall charge the Purchaser handling fees of an amount of 20% of the unpaid amount, these charges being no lower than two hundred (200) euros exclusive of tax. The Member shall authorise Hi Duty Free to collect the unpaid amount, increased by the handling fees, from the Member’s escrow account.
8 – FIXED PRICE SCALE FOR HI DUTY FREE’S SERVICE CHARGES
HDF's service charges shall be specified in the following scale, it being understood that Saving is defined as the theoretical saving which can be made according to the commercial data known by Hi Duty Free.
|HDF's service charges|
|Saving above or equal to 30%||10% of the saving amount|
|Saving above or equal to 20% and lower than 30%||8% of the saving amount|
|Saving strictly lower than 20%||5% of the saving amount|
9 –FIXED PRICE SCALE FOR OPTIONAL DELIVERY BY HI DUTY FREE
Delivery charges shall be set in accordance with the following fixed price scale:
|Cities where an airport is located||City other than a city where an airport is located|
|Delivery area||No Charge||100 €|
10 – TRAVELLER BONUS SCALE
HDF bonuses to travellers shall be the Miles which the Traveller receives in accordance with the loyalty programmes in force to which Hi Duty Free may have access at the time the deal is completed by the Traveller. Bonuses shall be set as fixed prices in accordance with the following scale:
|Bonuses in Miles|
|Product Value between 0 and €4,000 inclusive||2,000|
|Product Value between €4,000 and €10,000 inclusive||5,000|
|Product Value strictly higher than €10,000||10,000|
11 - RIGHT OF WITHDRAWAL
As the sale of Products is necessarily effected between non-professional Members, the latter shall not be subject to any particular right of withdrawal.
In accordance with the law, Hi Duty Free acts exclusively as a broker and shall not intervene in any way on its own behalf in the sale of Products.
12 - LIABILITY
12.1 The Traveller shall declare and guarantee that they have the right to transmit the Product(s) being sold, and that the operation they are conducting is not likely to violate the rights of a third party. The Traveller shall certify by their acceptance of the Deal alone that this sale is compliant with the legal regulations in force, in particular with regard to the French Intellectual Property Code and any special regulations.
The Traveller shall guarantee and indemnify Hi Duty Free on the first request for any damage suffered by Hi Duty Free and for any liability claims which may made against Hi Duty Free on the basis of the contravention of any rights of a third party.
In the event of blatant fraud (fraudulent copying, handling of stolen goods, illegal importation…), Hi Duty Free will communicate all the necessary information, including personal, to the competent departments charged with the prevention of the said frauds and infringements.
Hi Duty Free may not be held liable for the nature of comments placed online by a Member which are injurious, defamatory and more generally speaking contravene standards of common decency and current legislation.
12.2 With the exception of an error on its part, Hi Duty Free may not be held liable for any damage suffered by a Member. Hi Duty Free may not be held liable for any malfunction, breakdown, delay or interruption of access to the Internet.
13 – CANCELLATION
13.1 This contract shall be for an indefinite period. As such, it may be cancelled at any time by Hi Duty Free or by the Member without any particular reason by simple notification. To unsubscribe, the Member should go to the "Unsubscription" page on the Hi Duty Free Platform.
13.2 In the event where the Member commits one of the following contractual breaches or infringements: the placing for sale of Banned Products, opening of several accounts, means of payment frauds, attempt to swindle or any other criminal offence, Hi Duty Free reserves the right to suspend the Member’s access to the HDF Platform, without prejudice to the compensation in full of any damage suffered by Hi Duty Free; in this event the Traveller may not invoke any costs incurred by themselves on the occasion of the execution of a Deal.
14 - GENERAL PROVISIONS
14.1 Hi Duty Free may amend these General Terms and Conditions in accordance with the development of its offer and the market. Any amendment shall take immediate effect for the Intentions of Purchase online following notification to the Members by any means chosen by Hi Duty Free. They shall not apply to transactions under way at the moment of their entry into force. On an occasional basis, Hi Duty Free may interrupt service for operational, maintenance or emergency reasons.
14.2 The Member shall login to the HDF Platform using their own telecommunication terminal equipment. Hi Duty Free shall not make available to the Member any material equipment, telephone installation, terminal equipment or other, nor software or subscriptions.
14.3 The Member’s personal data shall be collected, recorded and stored in compliance with the French Data Protection Act of 6 January 1978. As prescribed by law, the Members shall dispose of a right of access and correction with Hi Duty Free, in charge of the HDF platform.
14.4 In the case of force majeure, the obligations of the obstructed parties shall be suspended, notably in the event of:
- acts or omissions by the government or higher competent authorities,
- the blockage or failure of telecommunications networks,
- of insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, strike, floods, storms or actions of a third party.
14.5 The invalidity of one or several clauses of the General Terms and Conditions of Use for the Hi Duty Free Platform shall not result in the invalidity of the said General Terms and Conditions.
14.6 This contract shall be subject to French law.
HI DUTY FREE SAS
165 Avenue de Bretagne
59000 Lille - France