Terms and Conditions
1. About these Terms and Conditions
1.1 This Website and Reservation Service is provided by Dufry do Brasil Duty Free Shop LTDA ("we/us"). We are incorporated and registered in Rio de Janeiro, Brazil, with offices at Rua da Assembleia, nº 51, 2nd to 12th floors, Centro, CEP: 20011-001. We are part of an Economic Group whose parent company/controller is established in Basel, Switzerland.
Whenever we use the terms "you" and/or "your(s)", we refer to the user of our Site and/or Reservation Service.
1.2 These Terms and Conditions (or just "Terms" when referring to the document as a whole) apply to your use of our Site and/or Reserve Service. By using our Site and/or Reserve Service, you automatically agree to these Terms. We ask that you do not use our Site or Reserve Service if you do not agree to these Terms. Please read the following Terms carefully and make sure you understand them before using the Site and/or the Reserve Service.
1.3 These Terms apply to any type of agreement entered into between us, from accessing our Site and/or using the Reserve Service.
1.4 These Terms apply only within the scope of this Site and/or the Reserve Service. If you use one of the links provided on this site to visit any partner site, please note that viewing and purchasing through such partner sites will be subject to their respective Terms and Conditions.
1.5 Where the following words are used in capital letters in this Term, they shall mean the following:
"Privacy Policy" - our privacy policy a copy of which is available at this link;
"Products" - any of the products featured on our Site or included in a reserve;
"Reservation Service" - the reservation service, offered by us through our Site and as advertised in our stores or as "Reservation Service", allows you to reserve products prior to your flight for pickup at our stores at Brazilian airports on the day of departure or landing at the first Brazilian airport
"Terms" - these Terms and Conditions and other documents referred to herein, including our Privacy Policy;
"Term" - the document that brings together all the terms and conditions set forth herein; and
"Site" - our website at https://brasil.shopdutyfree.com/pt/
1.6. If you have any questions about these Terms, or if you wish to discuss a reserve made through the Reserve Service, please contact our Customer Support Team using the contact details in Clause 17 below.
1.7 When we use the expression "in writing" in this Term, it shall include correspondence by e-mail, unless otherwise indicated.
2. Reservation Service
2.1. The Reservation Service is available to all passengers traveling through the Brazilian international airports where our stores are located. You can find details of our stores and those that offer the Reservation Service on our website.
2.2. Payments for products reserved via the Reservation Service will be made when you collect the products from our store. You do not need to make any payment or provide any payment information through the Site. Please see clause 11 below for more information about payment.
2.3 Reservation requests must be made at least 24 hours before departure and no later than 35 days before departure. Reservation requests made earlier or later than this cannot be accepted by us. Please note that any products that cannot be reserved due to these time restrictions may be added to a "Wish List", which is stored for your future viewing.
2.4 After you make a reserve request through the Reserve Service, you will receive an email ("Order Generation Email") from us acknowledging that we have received your request and we will assign you a reserve request number. This reservation request number should be quoted in all subsequent correspondence with us regarding your request. Please note that the confirmation e-mail is only a confirmation of your request, and does not mean that your request has been accepted. We will consider your request as an actual confirmed reserve as described in clause 2.5.
2.5.Within seven (7) days of receiving the confirmation email, you will receive a separate email ("product confirmation email") notifying you of the availability or non-availability of the Products requested as well as your reservation. The reservation email will also include the date on which you will be able to pay for and collect the Products, as well as the place to do so.
2.6 When using the Reserve Service service, please ensure that the details are complete and accurate before submitting the request. As part of the reserve process, you will also be asked to provide the flight date and time, airport of origin and destination of your flight, travel document and contact telephone number. Please take special care to ensure that this information is accurate, as we will use it to determine your pick-up date and time. If, after placing your reservation request and before you receive your reservation email, you realize that you have provided us with any incorrect information or that you wish to change your reservation, you may do so through our customer service, by email or Whatsapp. If you realize that you have provided us with any incorrect information or that you wish to change your reserve after you have received your reserve email, you should contact our customer service via the email or Whatsapp provided on our website using the contact details in Clause 17 as soon as possible.
2.7. Please note that neither Order Creation nor Product Confirmation Emails are a binding offer. By making a reservation, you are only reserving the Products for collection and purchase upon departure in accordance with customs requirements and in the store in accordance with these Terms. The purchase and sale will be completed when you pay for and collect the Products in the store. Title to the Product(s) reserved via the Reservation Service will transfer to you upon collection and payment of the Product(s) in the store in accordance with the applicable purchase and sale terms.
2.8 You may cancel your reservation at any time, including after receiving the reservation e-mail.
2.9 We reserve the right to cancel your reservation in whole or in part, for any reason, at any time. When we cancel any reservation, we will try to notify you before your flight time.
3. Products
3.1. The images of the Products and any packaging (if applicable) on our website are for illustrative purposes only. While we have made every effort to display the colors accurately, we cannot guarantee that the color display on your computer accurately reflects the color of the Products and/or packaging. Products may vary slightly from these images.
3.2 The packaging of the Products may vary from that shown in the images on our site.
3.3 All Products shown on our website are subject to availability and any customs restrictions (see Clause 7). At most, this will be discussed with you at the time of your flight, however, we will try to inform you via the reserve email if the Products you have booked are not available. This advance notification by email cannot be guaranteed due to administrative and time constraints.
3.4 The range of Products offered on our Site and in our stores (including any products that may have been confirmed to you as reserved) is subject to change without notice and we reserve the right to withdraw or discontinue any of the Products displayed on our Site.
4. Price
4.1 We take all reasonable care to ensure that the prices of the Products are correct and up to date. However, if we discover an error in the price of Products that you have booked, please see clause 4.2 for what happens in this event. Product prices may change from time to time, but any changes will not apply to any reserve that we have confirmed in accordance with clause 2.5.
4.2 Our site contains a large number of Products, so it is possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have reserved, in accordance with the principle of good faith, your reservation will stand and you may complete your purchase at the wrong price. However, if the advertised price of the Product is manifestly inconsistent with the normal price so that there is no doubt that there was a material error when it was published, we will attempt to inform you of this error and give you the option either to continue with your Product reservation at the correct price or to cancel your reservation. We will not reserve the Products until we have your instructions. If we are unable to contact you using the contact details you provided during the reserve process, we will treat the reserve as cancelled.
4.3 We reserve the right to make changes to Product prices from time to time, but (except where changes are due to incorrect pricing) such changes will not apply to any reserves that have been successfully made as confirmed by a Product confirmation email.
4.4 The reserve promise and price collection guarantees you the best deal available at the time of purchase from us. If, when you pay for and collect the Products, they are included in a promotional offer or are subject to in-store discounts, at the time of collection, you will be charged the lower of:
a) the promotional price;
b) the price with the discount; or
c) the price indicated in your confirmation e-mail.
This applies only to the number of Products that are reserved and not to those added to the in-store basket.
5. Security
You are solely responsible in all respects for the use and protection of the confidentiality of any username, email verification and password that may be given to you or selected by you for use on the Site. You may not share or transfer them to any third party. You must immediately notify us of any unauthorized use thereof or any other breach of security relating to the Site that comes to your attention.
6. Changes to these Terms and Conditions
6.1 We reserve the right to change these Terms from time to time. Any such change will take effect when posted on our site. Notwithstanding the foregoing, any material changes to these Terms will be communicated to you.
6.2 Every time you make a reservation with us, the then current Terms and Conditions will apply.
6.3 Your continued use of our Site will signify your acceptance to be bound by the most current Terms and Conditions.
7. Product availability at the time of collection
7.1 Your reservation will be automatically cancelled and the Products returned to the store for general sale if, for any reason, you fail to pay for and collect the Products within 24 hours after your pick-up date and time indicated in your reservation email.
7.2 To ensure the availability of Products in store that are included in promotional offers, there may be restrictions on the number of certain promotional Products that you can book. If so, this will normally be stated on the Site and you will not be able to book more than the permitted number of Products.
7.3 Product availability varies from store to store and details of Products available for reservation (where the Reservation Service is operating) are shown on the Site.
7.4 Even after a reservation is made, we may limit the number of a particular product reserved or cancel your reservation if the products are not available at the time of pickup.
7.5 We shall not be liable where the reserved Products are not available or cannot be purchased at the time of collection.
7.6 You will become responsible for the product(s) when you make the payment and collect the product(s).
8. Restrictions
8.1. Certain products require a minimum age for purchase (for example, alcoholic beverages). When you reserve any of these products, you will confirm that you are of legal age (18 years or older). We are not permitted by law to offer such products if you do not meet the age requirement. If you are a minor, please do not attempt to reserve such Products. You or anyone you appoint may be required to provide proof of your age when paying for and collecting the Products in question.
8.2 All reservations are subject to the applicable customs norms, including and mainly those inherent to the duty-free store regime (import tax exemption). Adherence to such rules is your responsibility. If you reserve Products in excess of the exemption limit (exemption quota), you may be advised to purchase only the number of Products within the applicable exemption quota, although we are under no obligation to advise you.
8.3 A valid boarding pass must be presented when collecting and paying for Products, otherwise your reserve will be cancelled and you will not be able to purchase Products. We reserve the right to deny the purchase of Products that are not available for purchase for the destination indicated on your boarding pass, but we are under no obligation to do so and shall not be liable if you purchase Products that are not available for the destination indicated on your boarding pass.
8.4 If, for any reason, you cannot get through airport security to the departure area, we cannot fulfill your reservation and it will be cancelled.
8.5 Please note that due to current customs regulations, we cannot deliver any Products outside the designated collection point (store) at that airport.
9. If the products are defective
The Brazilian Consumer Protection Code guarantees rights in relation to the Products purchased by you and overrides this Term.
10. Returns
If you are dissatisfied with the Products for any reason, you may return them to us in accordance with our Thirty (30) Day Return Offer, a copy of which is available at https://portalcliente.dufrydobrasil.com.br/hc/pt-br/articles/115012617387-Qual-a-politica-de-garantia-para-produtos-comprados-no-Duty-Free-Dufry.
11. Payment
11.1 You are under no obligation to purchase any of the Products that you have reserved with us using the Reservation Service. If you change your mind when paying for and collecting the Products, you may choose to replace the Products with any other items that are currently available in the store. You will pay the store price for such items. If you no longer wish to purchase the Products, you may cancel your order through the Site prior to your departure date or by informing a member of the store staff.
11.2 We accept payment in the store in multiple currencies. If you wish to pay in a currency other than US Dollars, the conversion rate for the currency in which you wish to pay will be determined in accordance with our conditions of sale in the store on the actual date of purchase.
12. Limitations of Warranties and Liabilities
12.1 Subject to clause 12.4, we will use reasonable efforts to verify the accuracy of any information on the Site, but we make no representation or warranty of any kind, express or implied, statutory or otherwise in relation to the content or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Site. We shall not be responsible for any loss of content or material uploaded or transmitted through the Site and accept no liability for any loss or damage of any kind from action taken based on the material or information contained on the Site.
12.2 If we breach this Agreement, we will be liable for any loss or damage you suffer as an obvious consequence of our breach. We shall not be liable for other damages of any kind, including indirect, special, consequential or incidental damages, or those arising directly or indirectly from your use of (or inability to use) the Site or Reserve Service.
12.3 We sell the Products only for domestic and private use. By purchasing them, you agree not to use them for any commercial or resale purpose. Thus, we have no liability for any loss of profits, loss of business, business interruption, or loss of business opportunity.
13. Use of our Site
13.1 You are solely responsible for all activities while using our Site and for the security of your computer systems. You assume all liability for losses and damages incurred by us as a result of your activity on our Site, except where such losses are due to a third party not known to you who deliberately misuses your logon details.
13.2 We reserve the right to terminate your account on our Site where you fail to comply with these Terms or any applicable laws and regulations relating to your use of our Site. You may change or cancel your registration on the Site at any time through the Site or by contacting our customer support team using the contact details in Section 17 below.
13.3 You may not use the Site for any illegal or fraudulent purposes. You shall not misuse the Site by introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. In particular, you shall not unauthorizedly access, interfere with, damage or disrupt the Site or any part thereof; any equipment or network on which the Site is stored; any software used in connection with the provision of the Site; or any equipment, software or Site owned or used by any third party. You must not attack the Web Site via a denial of service attack.
13.4 Without prejudice to your other rights or remedies, we reserve the right to take legal action against you for reimbursement of all costs or losses (on an indemnity basis) arising from your breach of clause 13.3, and to disclose such information to law enforcement agencies as we reasonably believe to be necessary.
14. Force Majeure
14.1 We will not be liable for any failure or delay in performing any of our obligations under these Terms that is caused by an event beyond our control or Force Majeure.
14.2 Force Majeure means, for the purpose of this clause, any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs, lock-outs or other industrial action by third parties, default or delay by suppliers, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 If an event of Force Majeure occurs that affects the performance of our obligations under a contract between you and us, we will notify you as soon as reasonably possible.
15. Your restrictions on using our site
Subject to clause 16 below, you may not download, copy, use, derive use from or exploit for commercial purposes any proprietary or other information or content on our Site, including, but not limited to, any images, prices or descriptions of the Products or any trademarks, trade names or logos. This includes any copies or derivatives created for the benefit of third parties. The use of data mining, robots or any other data gathering and/or extraction tools is strictly prohibited.
16. Intellectual property and property rights
All intellectual property rights and other proprietary rights in (i) our Site and its contents, and (ii) any trademarks, trade names, domain names and product names used on our Site, are owned and expressly reserved by Dufry, its licensors or the trademark owners that provide the Products. Any use of such rights without the express written consent of Dufry do Brasil Duty Free Shop Ltda. or the relevant trademark owners is strictly prohibited.
17. How to contact us
If you have any questions about your reservation, can look up your account or order details, consult the FAQ pages, or for any concerns, please contact our Customer Support Team. You can contact our Customer Support Team by phone on 0800 72 38379 or by e-mail at atendimento@br.dufry.com.
18. How we may use your personal information
18.1 Any personal information you provide to us when using our Site will be treated and used only in accordance with our Privacy Policy. By using our Site and/or using the Reserve Service, you consent to such processing.
19. Feedback
19.1 We welcome your comments and feedback regarding our Site and services. Please note that such comments and feedback are automatically made available on our Site and, therefore, your provided identification and comments will be visible on the Site to the general public. In accordance with our Privacy Policy, your identification and comments will only be used, reproduced and displayed for specific marketing purposes if you provide your prior and express consent to do so. In case of non-consent, we will only reproduce your comments in future marketing campaigns, ensuring the anonymization of your personal data.
20. Other important terms
20.1 We may, at our sole discretion, transfer our rights and obligations under these Terms to another organization.
20.2 This Agreement is binding between you and us and does not extend to third parties. Such effects relate in any case to the access, navigation and use of the Site.
20.3 Each item of these Terms shall be interpreted separately. Should any court or authority decide that one or more items are illegal, the remaining items will remain in full force and effect.
20.4 If you temporarily breach or modify one or more of the terms and conditions herein, such breach or modification shall not be deemed a novation of the rights and obligations hereunder, nor shall it relieve you of your responsibility to perform your obligations. If for any reason we cease to require compliance at a given time, we may do so again at any time. Any tolerances for any non-performance or innovations or waivers of rights shall only be given by us in writing.
20.5 The Terms and Conditions and any amendments thereto constitute the entire agreement set forth with respect to your rights and obligations concerning your access to our Site and your use of the Reserve Services we may provide to you.
20.6 These Terms and any other matter related to the use of the services we provide through the Site shall be governed by Brazilian laws. By adhering to this Term, you elect the courts of Rio de Janeiro, State of Rio de Janeiro, to the exclusion of any other, to settle any disputes arising out of this Term.
