General Terms and Conditions of Access to and Use of Montreal Duty Free Website

The following terms and conditions govern your access to, and use of, this website, www.montrealdutyfree.ca (the "Site") and the services, promotions and competitions made available to you on the Site. These terms and conditions form the basis of our legal relationship with you. Any access to and use by you of the Site or any of the services, promotions or competitions provided by us shall be on the basis that you have read, understood and agreed with these terms and conditions. Please read these terms and conditions carefully as it is your responsibility to review and familiarise yourself with these terms and conditions before accessing and using the Site.

The terms and conditions governing your use of this Site consist of:

(a) General Terms and Conditions of Access to and use of the Site, which cover the general access, use and operation of the Site;

(b) our Privacy & Cookies Policy, which covers how we manage, share and look after your information;

(c) Terms and Conditions for Online Shopping, which govern the terms and conditions on which products can be ordered through the Site for collection at Montreal Duty Free stores at YUL Montreal Trudeau International Airport; and

(d) Terms and Conditions for Social Media & Online Competitions.

(the “Terms and Conditions”).

PART A

1. SITE OWNERSHIP

The Site is owned by daa plc (“daa”) and is managed and operated by Aer Rianta International North America(referred to as "ARINA", "we", "us" or "our") together with our third party suppliers involved with the provision or maintenance of this Site. ARINA is a company registered in Canada, whose registered office is at 455, Fenelon, Suite 300, Dorval (Québec) H9S 5T8

2. SITE OPERATION

The Site is controlled and operated by ARINA from our office in Montreal, Canada. The content appearing on the pages of the Site (referred to as "information" or "materials") is provided in accordance with and subject to the laws of Canada. While ARINA, its subsidiaries and associated companies operate in various countries throughout the world and comply with the laws of the particular jurisdictions in which they operate, ARINA makes no representation that the Site or any services provided on the Site are appropriate or available for use in or from locations other than Canada. Users who access the Site from locations outside of Canada do so on their own initiative and risk. You are responsible for compliance with the laws of the jurisdiction in which you are located and must not access the Site from countries where such access or the contents of the Site are illegal. No information on the Site should be construed as a promotion or solicitation for any product or service or the use of any product or service which is not authorised by the applicable laws of your place of citizenship, domicile or residence. ARINA reserves the right without liability to suspend, discontinue or terminate your access and/ or use of the Site at any time, which right it may exercise with or without notice for any valid technical, operational, legal or commercial reasons. Where possible, notice will be sent to your e-mail address as and to the extent of any suspension, discontinuation or termination of your access or use of the Site and will be deemed served two (2) hours after transmission by us.

3. SITE PURPOSE, INFORMATION AND UPDATES

The Site is operated for the purpose of providing information on Montreal Duty Free and providing online shopping services to customers of Montreal Duty Free (“Service”).

The Site, the information provided on the pages of the Site and these Terms and Conditions are subject to change and update by ARINA from time to time. We will endeavour to provide you with reasonable notice of any changes by email, or by posting a notice on the Site. Your continued access to the Site and use shall constitute your agreement to these Terms and Conditions and any changes made from time to time. It is your responsibility to review these Terms and Conditions periodically.

4. USER OBLIGATIONS AND DISCLAIMER

You agree not to use or cause or permit the Site to be used:

• for any improper, indecent, unlawful, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Site;

• to post any improper, indecent, unlawful, threatening, defamatory or obscene material or any material that could give rise to a criminal offence and/or civil liability in any relevant jurisdiction; and

• so as to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network.

You agree:

• not to distribute, download, upload, publish or transmit any data, material, information or software in a manner which may infringe the rights of third parties;

• not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;

• not to attempt to gain unauthorised access to or interfere with the Site, computer systems or connected networks; and

• to comply with the terms and conditions of any internet service provider whose services you may use.

You assume all responsibility:

• for the Site meeting your requirements or that the operation of the Site will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;

• to the extent that the operation of the Site is dependent on third party service or content providers; and

• that information or materials obtained or accessed by you via the Site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.

5. LINKS TO OTHER SITES

Certain links on the Site lead to world wide web sites maintained by ARINA group companies and third parties. These links are provided as a convenience to you and we are not responsible for the availability or content of any other sites (or sites linked to such sites) or any products or services that may be offered through any other sites. Third party sites may contain information with which ARINA does or does not agree and links to such sites should not be taken as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You may not frame or link to this Site without the prior written approval of ARINA.

6. SECURITY AND PRIVACY

ARINA has taken all reasonable technical and organisational steps to ensure the security of your communications with the Site, details of which are set out in the ARINA Privacy & Cookies Policy. The Privacy & Cookies Policy does not apply to third party sites. In accessing the Site, the User accepts that electronic mail passing over the Internet may not be free from interference by third parties. In consequence, ARINA makes no representation regarding the privacy or confidentiality of any information relating to the User passing over the Internet. It is entirely at your discretion to send any information to ARINA or another member of the daa group of companies, including applications for employment positions, which may be posted on the Site.

If you register for an account on the Site, you are fully responsible for maintaining the confidentiality of your account and the password that you provide for the account, as well as all activities that occur under your account or using your password. You agree to immediately notify us of any unauthorized use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the Service. You agree to exit from your account at the end of each session if you use a shared computer. ARINA will not be liable for any loss or damage arising from your registration and use of an account on the Site.

7. DATA ANALYTICS

The Site uses Google Analytics web analytics service. Google Analytics may record mouse clicks, mouse movements, scrolling activity as well as text you type in the Site. The Site does not use Google Analytics to collect any personally identifiable information or credit card information entered in the Site. Google Analytics does not track your browsing habits across web sites which do not use Google Analytics services. For more information see the Privacy Policy for Information Collected by the Google Analytics web analytics service. ARINA uses the information collected by Google Analytics web analytics service to understand how customers use the Site and what changes we can make to improve the usability of the Site. Further details of the cookies used by the Site can be found in our Privacy and Cookies policy here. You can choose to disable the Google Analytics service in your Google account here.

8. COPYRIGHT NOTICE AND LICENCE

The information contained in the Site, including but not limited to the design, content, selection and layout of text, images, graphics, animation, videos, music, sounds and other materials, are the property of ARINA, its subsidiaries and associate companies or its licensors and are protected by national and international copyright, trademark and other intellectual property laws. You may browse through the Site and print or download copies of materials to a single computer for non-commercial or educational use within your home environment, provided any copies, whether mechanical, electronic or any other form, retain all copyright and other proprietary notices and disclaimers. No permission is granted to make any changes to the information on this Site and all rights not expressly granted by us in these Terms and Conditions are reserved. The limited licence to copy materials on the Site set out above does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy, electronic, or any other form. In particular, but without limitation, no materials on the Site may be copied or distributed for any commercial purposes. No materials on the Site may be reproduced or transmitted on or to, or stored in, any other website or other form of electronic retrieval system without our prior written consent.

9. TRADEMARK NOTICE

All product names, model names, slogans, logos and emblems, referred to in the Site, whether or not appearing in large print or with the TM or trademark symbol, (the "Marks") are trademarks, service marks, or trade names of ARINA, its subsidiaries and associate companies, its licensors or other third parties, as appropriate. All rights in the Marks are reserved and no licence or right to use the Marks is granted to Users. In addition, the use or misuse of Marks is expressly prohibited.

10. GENERAL

10.1 This Site has been designed to comply with the laws of Quebec and Canada. Use of the Site is subject to the laws of Quebec and Canada, which shall exclusively govern the interpretation, application, and effect of these Terms and Conditions. The courts of Quebec and Canada shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with the Site and its use.

10.2 If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable for any reason then such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

10.3 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

10.4 If you breach these Terms and Conditions and we do not take action, that will not affect our ability to rely on these Terms and Conditions later.

10.5 We reserve the right to change and update these Terms and Conditions from time to time. Any changes will take effect when posted on the Site.

10.6 We shall not be liable for any breach of these Terms and Conditions caused by circumstances beyond our control.

PART B

1. TERMS AND CONDITIONS FOR ONLINE SHOPPING

1.1 The Service is operated at YUL Montreal-Trudeau International Airport by ARI North America as Montreal Duty Free. If you order a product through the Service, these Terms and Conditions will apply to your order. By using the Site and/or the Service, you agree to be bound by these Terms and Conditions.

1.2 Additional terms and conditions or policies may also be relevant to our legal relationship with you. These may include, for example, any terms and conditions that apply to specific promotions or competitions. It is your responsibility to read carefully and familiarise yourself with any additional terms and conditions or policies as appropriate.

1.3 If you have any questions about the Site or the Service, please refer to our FAQ section here or if your query is not answered, please contact Montreal Duty Free Customer Service at websales@ari-na.ca or 514-335-0254 ext. 200

2. WEBSITE ACCESS AND TIMES FOR COLLECTION

2.1 We aim to make the Site available to you 24 hours a day, 7 days a week. However, your access to the Site may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance, repairs or for any other reason. In the case of any downtime, we will attempt to, but are not obliged to, restore the Service as soon as we reasonably can. ARINA disclaims all liability whatsoever to any person for any disruption to or unavailability of the Site.

2.2 We will use our reasonable endeavours to maintain at all times the opening hours specified in our Collection Points page. However, occasionally opening hours may be affected by factors beyond our control or for operational reasons and cannot be guaranteed. Where possible, we will inform you in advance if we become aware of any delay or change in opening hours.

3. Online Shopping Window

3.1 You may shop online any time during the periods set out in our Collections Point page here. Orders may not be placed outside these periods.

4. ACCURACY OF CONTENT

4.1 Prices and Payment

(a) Any prices displayed on this website may be changed at any time without notice.
(b) The price payable for any product(s) is the price specified on this website at the time of placing the order.

(c) All prices are shown in Canadian Dollars

4.2 We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products through the Site, please note:

(a) we reserve the right not to fulfil any order if we subsequently discover any material error in the description of a product or the price as advertised on the Site;

(b) packaging may vary from that shown on the Site and the weight, dimensions and capacities shown on the Site are approximate only; and

(c) whilst we will take reasonable care to display the colours, appearance and other features of our products accurately on the Site, the actual colours, appearance and other features you see may be affected by your computer, device or monitor and we cannot guarantee that the display of any colour on your computer, device or monitor will accurately reflect the colours, appearance and other features of the product you order.

4.3 We will use reasonable endeavours to try to ensure that the prices are accurate, but, without limiting clause 4 of Part A (User Obligations and Disclaimer), we exclude our liability, to the fullest extent permitted by law, for any errors, omissions or inaccuracies in the prices advertised. If we discover any error in the price of any product ordered by you online, we will notify you of such error and you may cancel the order by notice to us or continue with the purchase of the product at the correct price.

4.4 All the products displayed on the Site are subject to availability and order quotas that may be applied by the manufacturer of a product. We do not guarantee that all products shown on the Site are in stock and are available to order, but we will use our reasonable endeavours to meet your requirements. To the fullest extent permitted by law, we exclude our liability for any unavailability of, or limitation on, advertised products. We reserve the right to offer different prices online to in-store and vice versa.

4.5 If you have not made an order online or if we have not received an order online from you or payment in full from you for any reason, we are under no obligation to honour any online price or promotion claimed at the relevant Collection Point (defined below) that differs from the in-store price.

5. MINIMUM REQUIREMENTS FOR USE

5.1 Age restrictions apply to the purchase of particular products in accordance with Canadian Customs regulations and applicable Canadian law. If you are under 18 years, Under 21 and travelling to the United States, you will not be able to purchase alcohol or tobacco products from this website.

5.2 You must be acting as a consumer and not in any business or professional capacity. No commercial quantity orders will be accepted.

5.3 You must be departing from the YUL Montreal-Trudeau International Airport on an International flight.

5.4 You must ensure that the relevant flight and passport numbers and personal details you provide are correct and complete.

5.5 Duty free allowances and requirements apply to the country that you are entering, not departing from. It is your responsibility to ensure that your order complies with the customs allowances and requirements of any country you intend to enter with products ordered through the Service.

5.6 Where a person attempts to place an order otherwise than in compliance with this Clause 5 and these Terms and Conditions, the order will be deemed void.

5.7 ARINA ACCEPTS NO LIABILITY FOR ANY FAILURE BY YOU TO COMPLY WITH THESE RESTRICTIONS ON USE AND THESE TERMS AND CONDITIONS.

6. MAKING AN ORDER

6.1 To place an order, you must follow the steps outlined below:

(a) Browse the website by searching or navigating via the menu of product categories;

(b) Products will be listed with ‘Add to basket’ or ‘Browse’. Where ‘Add to basket’ is listed you can order online. Items marked as ‘Browse’ either require a further selection (e.g. colour) when you click into the product or are available to view only online, and may be purchased in store at Montreal Duty Free in YUL Montreal-Trudeau International Airport.

(c) Once you have added all your purchases to your basket, you can click on your basket to review your items. You will have the option to update quantities or delete items at this stage. When you are satisfied with your items you can press ‘Checkout’. This will give you the option to ‘Log in’ (if you are previously registered on the Site), ‘Register’ or ‘Guest Check out’.

(d) You will then be brought to ‘Your Flight Details’ page, where you can enter and confirm your destination, flight time and date.

(e) You will then be brought to the ‘Billing address’ page where you must complete your credit or debit card billing address details.

(f) Once you select your payment method a new pop up window will appear from Windcave where you will complete your card details.

(g) A hold of the purchase amount will be placed on your card until the time you collect your order. At the point of collection upon confirmation of your identity and presentation of your boarding card the full amount for your order will be charged to your credit card.

(h) Your will receive an email by way of order confirmation. You will receive another email when your order is ready for collection with details of where to collect your order.

6.2 Should we need to contact you, we will use the email address or, if applicable, phone number provided by you at the time of your placing of the order. Please ensure that you advise us of any changes to your contact details.

6.3 The total amount due will be displayed in Canadian dollars on the Site and confirmed by email. A web order receipt will be included in each order.

7. ACCEPTANCE OF YOUR ORDER

7.1 Any email or acknowledgement by us of receipt of an order placed by you does not mean that we have accepted your order. Acceptance of your order and completion of the contract between you and ARINA will take place when you collect the products ordered at the relevant Collection Point. We reserve the right, where necessary, not to accept your order for any reason.

7.2 All products that you order through the Service will remain the property of ARINA until collected by you at the relevant Collection Point. For the avoidance of doubt, an order placed through the Service, even when we confirm receipt of such order and provide confirmation of such receipt in writing, shall not constitute an agreement for the sale or purchase of products but instead constitutes an offer by you to buy from us. The contract for the sale of any products ordered through the Service will only be completed upon your presenting at the Collection Point and our transferring the products into your possession, at which point risk of damage to or loss of the product(s) passes to you.

8. Payment & Validation Checks

8.1 All card payments are subject to authorisation by your card issuer. The Service is provided by Windcave.

8.2 During the checkout process, you will be asked to complete your payment details. All fields must be completed accurately. Payments made with card types that fall under the Visa and Mastercard card schemes may require validation prior to completion of payment with the card schemes under the Verified By Visa and Mastercard Securecode programmes.

8.3 We, or third parties engaged on our behalf, will validate your credit/debit card before accepting your order. We will not accept your order if your card is declined at any stage during the processing of your order.

8.4 All credit or debit card holders are subject to validation checks and authorisation by the card issuer. We will not be liable for any delay or failure by you to place a valid order if the issuer of your payment card refuses to authorise payment to us.

8.5 Although we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and using the internet and we cannot be held responsible for any breach of security unless it is due to our negligence.

9. COLLECTION OF ORDERS

9.1 The Online Shopping collection point is called Montreal Duty Free Collection Point and is located in Montreal Duty Free shop in the departures areas of the YUL Montreal-Trudeau International Airport terminal shopping area. Collection Point details can be found here.

9.2 To collect your products, and to facilitate the efficient processing of your order, please present the email we sent you confirming the particulars of your order.

9.3 You will be required to provide photographic proof of identity, a valid boarding card, and your order confirmation email, which requirements are a pre-condition to us being able to provide the products to you. We reserve the right to refuse to provide you with any products you have ordered where you fail to provide this information or where any of the information provided by you online differs from that disclosed on presentation at the relevant Collection Point.

10. FLIGHT-RELATED ISSUES, RIGHT OF CANCELLATION AND REFUNDS

10.1 In the case of any cancelled flight, delayed flight or any other amendment to or cancellation of your travel plans affecting your ability to collect any products ordered through the Service, please advise us at your earliest convenience and we will arrange for a full refund or where applicable arrange for a different date for collection.

10.2 You may cancel any order that you make without reason provided that you cancel prior to collection of the order. To cancel an order, you can do so online or you must inform Customer Service as follows:

(a) by email at websales@ari-na.ca

(b) by telephone at 514-335-0254 ext. 200

If you cancel an order prior to collection of the order,the preauthorization on your credit card will be cancelled no later than 14 days from the date on which you cancelled your order.

If you have already collected your order, you may only return the products subject to the order in accordance with our returns policy.

10.3 In the case of any refund for any reason, the repayment in full of monies paid by you to us will be the maximum limit of our liability to you.

11. REVENUE AND CUSTOMS REQUIREMENTS

11.1 We do not accept any liability in relation to, or in connection with local or international revenue requirements, any taxation obligations, or any other customs' requirements that might apply to you and/or the products that you order through the Service. YOU ARE ADVISED TO SATISFY YOURSELF PRIOR TO ORDERING ANY PRODUCTS THROUGH THE SERVICE THAT THE PURCHASE OF THE PRODUCTS WILL NOT PUT YOU IN BREACH OF ANY OF YOUR OBLIGATIONS WITH REGARD TO REVENUE, OTHER TAXATION LIABILITIES OR CUSTOMS REQUIREMENTS AND TO ENSURE THAT YOU ARE FULLY INFORMED OF ALL SUCH OBLIGATIONS PRIOR TO MAKING ANY ORDER THROUGH THE SERVICE.

11.2 All prices are shown in Canadian Dollars. Remember, you will be required to produce documentation to confirm your flight details, including your boarding pass, when you present at the relevant Collection Point to purchase the products.

12. LIMITATION OF OUR LIABILITY

To the fullest extent permitted by law, ARINA, 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;

To the fullest extent permitted by law, ARINA 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, ARINA 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.


ARINA 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. ARINA 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.

You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against ARINA, its related bodies corporate, directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to this website.

13. COMPLAINTS AND QUERIES

If you are not happy with the products or services you have received from us please email us at websales@ari-na.ca or 514-335-0254 ext 200 to discuss your issue.

14. ONLINE VOUCHERS AND PROMOTIONAL CODES

14.1 Promotional vouchers and coupons cannot be applied retrospectively to previously placed orders.

14.2 Promotional vouchers and coupons that offer a percentage off an advertised price cannot be combined with other percentage off or money off promotional codes or used in conjunction with any other offer.

14.3 Promotional vouchers and coupons are not transferable or redeemable for cash or credit.

14.4 To apply a promotional voucher or coupon, you must enter it prior to completing the order.