TERMS AND CONDITIONS OF USE AND SALE
1. This website is owned and operated by Kievrianta LLC hereinafter known as Kyiv Duty Free.
2. Use and access of this website is subject to the terms and conditions contained below and elsewhere on the website including our Privacy Policy (known collectively as “Terms and Conditions”). By accessing, browsing, shopping or using any other of the services on this website, you agree to these Terms and Conditions.
Products and Orders
3. All products advertised on this website are subject to availability.
4. Orders on this website can only be placed by a person who is departing Ukraine on an international flight. Orders made on the website are only deemed to be “requests for order preparation” and as such it is understood that the sale of the product only takes place when the goods are paid for.
5. Any order placed by you on this website is an offer by you to purchase a particular product (s ). You acknowledge that, by placing an order, you are agreeing to pay for the product(s) ordered and to collect the product(s) on the day of your departure from Kyiv Duty Free located in Boryspil Airport after you have checked in, passed border control and having produced a valid boarding pass for that day to the Kyiv Duty Free employee. The price paid for the product (s) is the price applying to that product on the date of collection of the product and not the price displayed on the website on the date of order, as prices vary according to supply and exchange rate changes.
6. To place an order on this website you will need to input your contact details ( telephone number and email address ) and your flight and travel details. You will also need to nominate a collection date and a valid flight number in Boryspil Airport for the product(s) ordered. If you do not supply any of the mandatory details requested we will not be able to process your order.
7. Orders must be made at least 48 hours prior to departure from Ukraine.
8. You can only take the order as having been successfully received and prepared by Kyiv Duty Free when you receive an email confirmation of such from email address websales@kyivdutyfree.com. The absence of such confirmation means that Kyiv Duty Free holds no obligation to you to have the product (s) ready for you on the date of your departure or any other date.
Prices and Payment
9. Any prices displayed on this website are for indication purposes only and may be changed at any time without notice. As per clause 9 the price paid is the price in place on the date of collection of the product.
10. The price payable for any product(s) is the retail price applicable to this said product (s) on the day that the product (s ) is/are being collected from Kyiv Duty Free. If there is any difference on the prices between the date of ordering and the date of collection, the only remedy available to the customer is the choice of deciding not to collect the products. Kyiv Duty Free has no obligation to compensate the customer for any differences in price between order date and collection date.
11. Payment for product(s) must be made by cash or by a valid credit card on the date of travel. We accept Visa, Mastercard, cards only. We accept cash in the following currencies
GBR (British Pound)
USD (United State Dollar)
CAD (Canadian Dollar)
RUR (Russian Ruble)
SEK (Swedish Kroner)
CHF (Swiss Frank)
EUR (Euro)
UAH (Ukrainian Hryvna)
12. All prices are shown in Euros
Collection
13. Product(s) must be collected at the nominated collection point at the relevant airport specified on your order.
(a) If you have nominated collection on departure from Ukraine you must collect your goods at the collection point prior to boarding your flight. The collection point is located in our store at the cash register point after you have cleared customs. Due to customs regulations, orders not collected prior to departing Ukraine cannot be collected upon your return.
14. To collect your order you must present: (i) a printed copy of your purchase receipt and (ii) the relevant travel documents correlating with the flight details nominated on your order form.
15. You agree to inspect the product(s) immediately on collection. You must notify our staff immediately of any shortfall or incorrect orders. If you do not notify our staff of any shortfall or incorrect order then, subject to any law to the contrary, you may not subsequently make a claim to Kyiv Duty Free in respect of such shortfall or other error.
Title and Risk
16. Title to any product/s ordered on this website do not pass from Kyiv Duty Free to you until we have received payment in full from you at the collection point and on the day of your departure from Ukraine
17. Kyiv Duty Free accepts the risk of loss of, or damage to, product(s) only up to the point of where the product is collected.
Fitness for purpose
18. All products advertised on this website are intended to be used only for personal, household or domestic use and are not intended for commercial use.
19. Kyiv Duty Free will not be held liable for any loss or damage if a product is modified or tampered with in any way.
Restrictions
20. No commercial quantity orders will be accepted.
21. There are different rules and regulations imposed by customs in the different jurisdictions regarding Duty Free Allowances.
22. Departure Collection: All products categories advertised on this website are available for purchase for departure from Ukraine, provided that you are within the allowance of your next destination. It is your responsibility to familiarize yourself in respect of the allowances permitted for each country that you will be entering and clearing customs. We provide some guidance on this website in relation to the allowances applicable for the more travelled destinations.
23. Age restrictions apply to the purchase of particular products in accordance with Ukrainian Customs regulations and applicable law. IE If you are under 18 years, you will not be able to order alcohol or tobacco products from this website nor purchase these products at the departure point.
Delays or Change in Travel Details
24. Kyiv Duty Free is not responsible for any delay in delivery of any product(s) to the collection points caused by, or in any way connected with, any cause beyond the reasonable control of Kyiv Duty Free (including but not limited to non-delivery or shortage of supplies, strikes and industrial disputes, disturbances or terrorism). Any such delay which results in your order not being available at the collection point at your nominated time of departure will be taken to be outside of the control of Kyiv Duty Free.
25. It is your responsibility to contact Kyiv Duty Free if there is a change in your date and time of departure or arrival, or a change in your airline.
Rejection and Cancellation of Orders by Kyiv Duty Free
26. Kyiv Duty Free may reject or cancel any order made by you at any time (even if previously accepted by Kyiv Duty Free), in the following circumstances::
(a) where you request a commercial quantity of any product; or
(c) where you do not satisfy the age requirements and restrictions imposed by Ukrainian law ; or
(d) where Kyiv Duty Free has inadvertently displayed any errors on the website including incorrect prices, descriptions or illustrations or typographical errors and these errors are relevant to your order; or
(e) where the website has indicated that products are available when they are not;
27.
Cancellation of Orders by You
28. Any cancellation of orders must be directed to our Customer Service by email to
webadmin@kyivdutyfree.com.
Returns
29. We hope you are happy with the product(s) you order, however if the product/s are faulty or damaged due to a genuine manufacturing fault or defect within 14 days of purchase, please contact our Customer Service by email at webadmin@kyivdutyfree.com to organize for the product(s) to be returned, then return the product(s) along with your proof of purchase and a written reason for the return of the product(s) in accordance with the instructions provided to you. Subject to conditions 30 – 32 below, we will, at Kyiv Duty Free’s option, either arrange for a replacement with an identical or comparable product(s), or issue a refund of the purchase price of the faulty/damaged product/s, or repair the product(s).
30. Returns will not be accepted by Kyiv Duty Free if the fault or damage to the product has subsequently been caused by an accident, or by neglect or misuse, by either you or a third party.
31. Returns will not be accepted by Kyiv Duty Free if you have modified or tampered with the product in any way.
32. Any faulty or damaged returned product(s) must be complete and include any accessories provided to you with the product.
33. Please note that you will be required to provide a copy of proof of purchase to be able to return any faulty/damaged product(s).
34. Kyiv Duty Free is not required to process a refund or replacement until we receive the product(s) in question from you, in accordance with your obligations under these Terms and Conditions.
35. If you have collected your product(s) but have simply changed your mind and no longer want the product(s), you will not be able to return your product for refund or exchange it for another.
Refunds
36. Should it be necessary to issue a refund for any reason as contained within these terms and conditions then the refund will only be issued to the credit card on which the original sale was transacted.
No Liability
37. To the fullest extent permitted by law, Kyiv Duty Free, its related bodies corporate, directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the website, including, but not at all limited to such loss, damage or injury arising out of the following:
(b) copying or displaying the contents on this website;
(e) any technical malfunction, error, virus, delay or interference on this website;
38. To the fullest extent permitted by law, Kyiv Duty Free and its agents:
(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof. In addition, Kyiv Duty Free and its agents make no representation as to the accuracy, ownership of any information or content that is otherwise accessible from this website via hyper-links to other websites maintained by other companies and organizations; and
(b) expressly disclaim all representations and warranties, express or implied, with respect to the products and merchandise advertised or otherwise featured on this website.
39. Kyiv Duty Free shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized with this website, or for any technical or human error which may occur in the course of the operation or administration thereof. Kyiv Duty Free assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction or unauthorized access to, or alteration of, any information provided by a website user.
40. You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against Kyiv Duty Free, its related bodies corporate, directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to this website.
41. Ukrainian leglislation implies terms, conditions and warranties into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms (Prescribed Terms). If Kyiv Duty Free or its related bodies corporate, directors, employees, agents and representatives, breach any Prescribed Term then, their liability for the breach is, where permitted by law and at Kyiv Duty Free‘s election, limited to: (a) in the case of goods supplied or offered by us – the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; OR (b) in the case of services supplied or offered by us – the re-supply of the services or payment of the cost of doing this.
Disclaimers
42. Subject to any limitation under law, Kyiv Duty Free expressly disclaims responsibility for any products that are:
(a) altered, reprocessed, tampered with, or repaired in any way other than by or through Kyiv Duty Free;
(b) fitted or used in breach of the conditions of use or technical specifications, as may be included with the product and/or published from time to time.
Indemnity
43. You indemnify Kyiv Duty Free, its related bodies corporate, directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this website.
Intellectual Property
44. Unless otherwise indicated, copyright in the information and materials contained in this website, together with any trade mark, logo and/or other intellectual property featured herein, is owned by Kyiv Duty Free, or otherwise reproduced by it with permission from the relevant owner/licensee, as the case may be. This website, or any portion thereof, may not be reproduced (other than solely for personal use), adapted, modified, duplicated, copied, sold or otherwise exploited for any commercial purpose without the written consent of Kyiv Duty Free.
Competitions and Promotional Offers
45. From time to time, the website will offer you the opportunity to participate in competitions and promotional offer. There are likely to be separate terms and conditions for these competitions and promotional offers. By participating in any competitions or promotional offers on this website you agree to be bound by the relevant terms and conditions. In many cases, the competition may only be available to people residing in Ukraine and you should check the relevant competition terms and conditions for all eligibility requirements.
General
46. These Terms and Conditions are governed by, and will be construed in accordance with, the laws in force in Ukraine and the users submit to the non-exclusive jurisdiction of the courts of Ukraine
47. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of law, that provision will be severed and the other provisions shall remain in full force and effect.
48. Kyiv Duty Free may alter the Terms and Conditions from time to time without notice and it is your responsibility to monitor amended Terms and Conditions. All changes are effective from the date of posting the revised Terms and Conditions on this website. Any updated version of the Terms and Conditions will immediately supersede any prior version. However, changes made to the present Terms and Conditions do not apply when a consumer has already placed his order.
49. You agree that you will not use this website for any purpose that is unlawful, or prohibited under these Terms and Conditions. You agree that you will not use this website to spam, transmit or upload any material that contains viruses or other harmful programs or that breach any laws including intellectual property rights, defamation, or privacy rights. You also agree not to interfere with or disrupt this website or attempt to gain unauthorized access.
50. In order to use this website, it is your responsibility to procure access to the Internet and to pay any costs associated with that access.
Termination
51. Kyiv Duty Free reserves the right to modify, suspend services on this website, and to terminate your ability to order products from this website at any time without notice. In this event, the liability and indemnity provisions provided in these Terms and Conditions will survive such termination, and all rights of Kyiv Duty Free granted herein are otherwise reserved.
Links
52. Kyiv Duty Free may provide links or references to other websites originating from other companies, individuals or organizations, but Kyiv Duty Free has no responsibility for the content or operation of any such websites and shall not be liable in any way for any damages or injury arising out of or resulting from access to or use of such websites. It is your responsibility to check on any guidelines and conditions applicable to such third party websites. Any links provided are for your convenience only and are not an endorsement of the companies, organization or products referred to on the website to which this website links.
Privacy
53. Kyiv Duty Free is committed to protecting your privacy and personal information. The personal information collected on this website will be used to process your order and to provide you with the goods and services in accordance with your purchase.
We collect only personal information that is necessary for the fulfillment of the above mentioned purposes, such as your contact information, , flight and travel details as well as the selected collection date and collection location. Your personal information shall be used and detained only as long as necessary for the fulfillment of such purposes.
You have a right to access your personal information or to ask for a modification or rectification of such personal information. You must address your written request at the following address
webadmin@kyivdutyfree.com.
You will also be able to obtain at this address relevant information on our privacy policy and practices with respect to how we use and manage your personal information.