Terms and Conditions of MyDutyFree service at border checkpoint Porubne

These Terms and Comditions (hereinafter referred to as the “Terms”) define the legal relationship that arises when using the website [https://mydutyfree.net/](https://mydutyfree.net/) and the MyDutyFree mobile application. Together or separately, they represent an online showcase of duty-free stores located in the following international airports: “Boryspil,” “Kyiv” (Zhuliany), “Danylo Halytskyi” (Lviv), “Heydar Aliyev” (Baku), as well as in stores at border checkpoints: “Porubne” (Ukraine), “Dyakove” (Ukraine), “Uzhhorod” (Ukraine), “Chop-Tysa” (Ukraine), “Vylok” (Ukraine), “Kosyno” (Ukraine), “Luzhanka” (Ukraine), “Malyi Bereznyi” (Ukraine), “Solotvyno” (Ukraine), “Yahodyn” (Ukraine), “Kazbegi” (Georgia), “Red Bridge” (Georgia), “Sadakhlo” (Georgia), “Sarpi” (Georgia), and in the city center store Down Town Duty Free Shop Madrid (Spain) (hereinafter referred to as the “Services,” “Service,” “MyDutyFree”).

Please carefully read the following Terms before you begin using the Services.

These Terms apply only to the store located at the Porubne border checkpoint.

Please note that by using the Services, you agree to comply with the Terms. If you refuse to follow these Terms, you will not be able to use the offered Services.

Your actual use of the Site and the app to browse products constitutes your agreement to these Terms and your consent to the processing of your personal data.

 

1. About Us and Our Services

LLC “MYDUTYFREE,” founded by MYDF HOLDING LTD (registration number HE 358175), is the owner of the Website as well as the MyDutyFree online showcase service in general.

The purpose of our Services is to introduce potential customers of our partners to the range of products available in certain duty-free stores.

More detailed information about the Terms is provided in the sections below.

 

2. Our Services

MyDutyFree is an online showcase service designed to help you save both time and money.

The services we offer allow you to browse the product assortment and select items for purchase that are available in the above-mentioned duty-free stores (hereinafter referred to as “Partner Stores” or “Duty-Free Stores”).

Please note that our Service functions solely as a showcase, serving as a display window for Partner Stores. The products and related information are provided for informational purposes only and do not constitute a pre-sale or reservation.

We also provide additional services, such as notifying users about changes in the purchasing conditions for products listed on the online showcase.

It’s simple: choose products in advance through our Service, and they will be waiting for you at the MyDutyFree service desk in the specified store at your selected checkpoint.

It’s important to understand that the purchase agreement for any product is concluded directly between you and the relevant Partner Store.

The Partner Store has authorized us to assist in facilitating such agreements, but we are not a party to the agreement itself. That means you are not buying products directly from us.

Further information about the products, Partner Stores, and the agreements between you and the Partner Store is provided below.

 

3. Our Responsibility

If, in the course of providing our Services, we breach these Terms, we are liable for any loss or damage that arises as a result of such breach in accordance with the applicable laws of Ukraine.

 

4. Features of Purchasing Goods in Duty-Free Stores

Duty-free refers to a retail system located in designated areas of border crossing points, where goods are sold without certain taxes and duties, allowing for objectively lower prices.

However, goods from duty-free stores can only be sold to individuals who have passed through customs and border control and are leaving the country where the store is located.

Any goods purchased in duty-free stores must be taken out of the country in which the store is located immediately after purchase.

 

5. Products and Quality

We strive to be as accurate as possible in describing the products displayed on the Service’s website.

However, as all product descriptions are based on information obtained from publicly available sources provided by brands and manufacturers, we cannot guarantee that all descriptions are completely accurate, complete, reliable, or error-free.

Product images on the website are presented for demonstration purposes only.

We do not allow Partner Stores to display damaged goods or products of lower quality than permitted by market standards on the online showcase.

If the products you selected do not match their descriptions, are damaged, or do not meet market standards, you may return them to the Partner Store in accordance with the laws of the country in which that store is located.

 

6. Selection, Purchase, and Collection of Goods

The selection of products in Duty-Free stores is made via the MyDutyFree Service (on the Website or through the mobile application) by clicking the "Add to cart" button, after which the selected product is added to the passenger-shopper’s cart, and the selection is confirmed.

A pre-selection can be made no later than 15 minutes before crossing the border.

Pre-selection is available for the most popular products, the list of which is available on the online showcase.

Please note: the amount of alcoholic beverages that can be pre-selected per person per day is limited to:

• 2 liters of alcoholic beverages with an alcohol content of up to 22%,
• or 1 liter of strong alcoholic beverages (with an alcohol content of over 22%).

It is not possible to pre-select tobacco products via the MyDutyFree service.

After confirming your selection, you will receive an email with the price of the selected product(s) or information about their unavailability.

While at the border checkpoint where the selected duty-free store is located, you must pass passport control and enter the duty-free zone. There, at the duty-free store, you need to inform the cashier about your pre-selection, collect the goods, check them, and make payment.

All major currencies are accepted in duty-free stores: UAH, EUR, USD.

If prices are listed only in euros, payment in hryvnias (UAH) is made according to the official exchange rate of the National Bank of Ukraine on the day of payment.

Payment in US dollars is made based on the cross-exchange rate (EUR to USD), calculated using the official UAH rates for the euro and US dollar.

All major credit cards are also accepted for payment: Visa, MasterCard, Maestro.

 

Pay attention:

• The price of the selected product may change on the day of departure. Therefore, the final price of the product is determined on the day of departure.
• Persons under the age of 18 are not permitted to use the product selection service via the online showcase for choosing beer (except non-alcoholic), alcoholic and low-alcohol beverages, tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consuming tobacco products without combustion, and accordingly, are not allowed to purchase such products in duty-free shops.
• Products displayed on our showcase, as well as in stock and in duty-free stores, are available in limited quantities. As a result, some items may be out of stock. Therefore, if a pre-selection is made less than one day before your estimated arrival time at the checkpoint, there is a slight risk that MyDutyFree may not have enough time to contact you regarding the unavailability of a particular item.
• Please note that the permitted quota for importing alcohol and tobacco products varies from country to country. We strongly recommend reviewing the applicable import restrictions before your trip.

 

7. Discounts

Only those promotions and discounts listed on the MyDutyFree Service resources apply to products selected through the MyDutyFree service.

Discounts do not apply to products participating in the "Special Offer" promotions, as well as to certain other products marked on the Website and in the App with the label "No Discount."

Discounts and promo codes cannot be combined.

Universal Discount

When placing an order for a product through our Service, you will receive a 5% discount on the product price at the moment of payment in the duty-free shop.

However, if you have a higher discount available, the above-mentioned 5% discount on the product price will not be additionally applied.

 

8. Our Website

This section defines the rules you must follow when using the Website (whether you use it to select products or simply browse). By using the Website, you agree to comply with these rules. If you do not agree with these terms, you must not use the Website and are required to leave it immediately.​

• Access to the Website

Access to the Website is provided free of charge. You are responsible for complying with all conditions necessary to gain access to the Website. You must also ensure that all persons who access the Website through your internet connection are aware of these terms and comply with them.

Access to the Website is granted on a temporary basis and does not include commercial use of the Website or its content. You are not permitted to reproduce, copy, and/or use the Website for commercial purposes without our written consent.

We reserve the right to close or modify the Website without prior notice, and to restrict access to all or parts of the Website. We are not liable for any inability to use the Website for any reason.

When you visit the Website and/or place an order, you communicate with us electronically and agree that all notices, agreements, announcements, and other information sent electronically (on our behalf or on behalf of the Partner Store) have the same legal effect as written documents.

• ​Your Responsibilities

You must not use the Website in any way that could cause, or potentially cause, disruption to the Website’s access, damage to it, or any deterioration of its functionality.

You understand that you are responsible for any electronic communications and content sent from your computer. You must use the Website only for lawful purposes.

You must not use the Website:

In any unlawful or fraudulent manner, or for any unlawful or fraudulent purpose.

To send or use any material that is: (i) unlawful, obscene, offensive, indecent, defamatory, threatening, and/or (ii) infringes any copyright, trademark, privacy or other rights, and/or (iii) is otherwise harmful to third parties, and/or (iv) malicious, and/or (v) contains or consists of viruses, political propaganda, unauthorized advertising, chain letters, mass mailings, or any other form of “spam.”

Any of your actions that cause harm, annoyance, inconvenience, or unnecessary distress to any person may result in refusal of access to the Website.

Please comply with the law while using the Website. In case of suspicion of any unlawful actions on your part, we reserve the right to notify law enforcement authorities and disclose your personal data.

Any actions causing harm, annoying or provoking unnecessary concern or discomforting any other person, may serve a reason to ban your access to the Website.

Please, comply with the legislation while using the Website. If you are suspected of any illegal actions, we keep the right to inform law enforcement authorities and reveal your personal data.​

• References

We welcome you referencing our Website, but it must be done in an honest and lawful manner that does not harm our reputation or grant you any unlawful advantage.

We reserve the right to prohibit the use of references to our Website at any time, and if we request the removal of a reference to our Website, you must comply without delay.

On our Website, we may display information about products (and their assortment) sold in duty-free shops that are not our official partners but whose information is publicly available or received from our Users.

When placing such information on our Website, we primarily act in the best interests of our Users and potential customers to provide them with as wide a range of products as possible. We always include a link to the official website of the content owner.

Please note that by placing information and references to third-party websites and resources, we do not pursue any commercial purpose. We do not receive payment for advertising or disseminating information from these sites and provide such references completely free of charge for informational purposes.

The placement of information with references to third-party websites and resources on the Website is solely for informational purposes. We do not accept responsibility for the content of these sites or resources (e.g., availability of products, price accuracy, promotions, etc.), and such references should not be considered as endorsements by us. We are not liable for any loss or damage resulting from their use.

If you have any claims or suggestions regarding the provisions set out in this “References” section, please send an email to: [email protected]​

• Our Responsibility

We may update or modify the content of the Website at any time at our discretion. Please note that this may mean that any information on the Website could become outdated at any time. The content of the Website is provided for general informational purposes only. We make no representations or warranties, express or implied, that the Website or any of its content is accurate, complete, up-to-date, or free from errors or omissions. To the fullest extent permitted by law, we disclaim all rules, guarantees, statements, or other conditions relating to the Service or any of its content, whether express or implied.

We are not responsible to you or any other users for any loss or damage that may arise from: (i) use or inability to use the Service; or (ii) use and reliability of any content of the Service.

Please note that the Service is intended solely for home and personal use, and therefore we are not responsible for any loss of profit, business interruption, or other lost commercial opportunities you may incur.

We are not responsible for any loss or damage caused by viruses, network attacks, or other harmful material that may infect your computer, software, data, or other materials as a result of using the Service, downloading any of its content, or using links to third-party websites.

The terms and conditions for the MyDutyFree mobile application are subject to the same conditions outlined in this section.

 

9. Privacy Policy and Information Storage

We collect, store, and use your personal data in accordance with Ukrainian legislation and international information protection laws, including the Law of Ukraine “On Personal Data Protection” dated 01.06.2010 No. 2297-VI, as well as the Personal Data Processing Rules established by the General Data Protection Regulation (EU Regulation 2016/679 of April 27, 2016, or GDPR).

We collect, store, and use personal information with the user’s consent. We provide users access to the personal information we store and ensure the ability to modify or delete this information at any time through the Personal Account or upon request to our support service.

We collect the minimum amount of personal information necessary to provide the Services. We collect and store the following information:

Personal data, cookies, and usage data:

• Source of referral, UTM tags
• Operating system and browser data, IP address
• Country, city, language preferences
• Gender, age, first and last name
• Phone number, email
• Tokens for push notifications
• Data available from social networks when linking accounts (avatar, etc.)

Special data:

• Actions (browsing history, adding to favorites and cart, search queries, applied filters, order history, etc.)
• Responses to surveys, actions related to additional features (lotteries, referral systems, etc.)
• Airport, date and time of departure
• History of email and phone notifications
• History of correspondence with bots and technical support operators

Statistical information we collect (such as session duration data) is stored anonymously and in encrypted form.

The information is used by us to provide Services, verify user identity, promptly notify users of any mandatory changes in the terms of service, and to conduct marketing research and activities.

To provide the Services, we may transfer personal data to third parties. Data transfer is done in encrypted form to third-party Service partners, as well as to services that support the operation of the Service. Only the minimum information necessary to ensure the provision of the Services is transferred.

We transfer the first and last names of TezTour Agency clients who used a partner promo code to increase discounts on our website to the TezTour Agency company. This applies exclusively to users who are already clients of TezTour Agency and have already provided their first and last names to the company, as well as entered a promo code previously received from a company representative.

List of partners and services:

• Google Analytics services
• Authorized locations – store checkouts where customer service is provided
• Flixbus, JoinUP companies
• Exchange of personal user data during interactions with external social networks and platforms such as Google+, Facebook, Instagram, Twitter

We collect cookies necessary for the functioning of the Service and provision of Services. Cookies are stored in encrypted form and deleted as soon as they are no longer needed.

Please note that users who are citizens of the European Union and under the age of 16 may use the Service only after obtaining parental (or legal guardian) consent for processing personal data through authorization on our service.

We take all reasonable measures to maintain an appropriate level of security during the use of our Service. The protection of information is the responsibility of an authorized employee of our company.

We do not disclose personal user information to unauthorized third parties and do not store unauthorized copies of data.

In case of information leakage, we notify you as a user and the relevant authorized authorities within 72 hours of the leak.

By using our Service, you must give your consent to our use of your personal data.

By providing your consent to our use of your personal data, you guarantee that the information you provide is accurate.

If you do not agree with the Service’s terms regarding the provision of information necessary for us to provide the Service, you may be denied access to the Service.

Please note that if you voluntarily post your personal data online in an unprotected Internet environment, for example in blog comments, such information may be collected and used by other parties beyond our control. In such a case, the Service is not responsible for any leakage of your personal data, which it does not own.

 

10. Rules for Cancelling or Modifying Product Selection Placed on the Online Showcase, Additional Product Selection

You can cancel your placed product selection in your Personal Account. If you want to cancel part of the products from your previous selection, you can do so at the store by asking the cashier to remove the items. To add products to your previous selection and receive a discount on these items, you need to place an additional prior selection.

The discount will not apply to products you select directly in the store and do not register as part of your prior "selection." Products chosen in the store can be purchased at full price.

 

11. Return Conditions

According to Part 1, Article 9 of the Law of Ukraine “On Consumer Rights Protection,” you have the right to exchange goods of proper quality within fourteen days, excluding the day of purchase, provided that the item is eligible for return under Ukrainian legislation.

Returns are made directly at the duty-free shop upon presentation of the corresponding receipt.

We remind you that as a consumer, you have additional legal protection under the Law of Ukraine “On Consumer Rights Protection.”

 

12. Agreement to Receive Notifications

By confirming the product selection on the mydutyfree.net service, the user automatically agrees to receive information about news, events, changes, and other updates via email and/or SMS notifications.

 

13. Other Important Information

Severability of Terms – Each section and paragraph of these Terms is valid independently. If any section or part is declared unlawful or unenforceable by a court or other authority, the remaining sections and parts shall continue to have legal effect.

Waiver – If you breach the Terms and we do not take action or delay taking appropriate measures, this does not mean that we waive our rights, and we still reserve the right to protect our lawful interests. Any waiver of our right to hold you accountable will be made exclusively in writing and will not imply an automatic waiver of future enforcement.

Governing Law and Jurisdiction – These Terms are governed by the laws of Ukraine. Any disputes or disagreements relating to the Terms shall be resolved in the courts of Ukraine applying Ukrainian law.

Force Majeure – Neither we nor our Partner Stores shall be liable for any failure or delay in fulfilling the Terms, or for any failure to meet our other obligations to you, if such failure or delay results from force majeure circumstances.

Force Majeure Circumstances – Acts or events such as natural disasters, wars, terrorist attacks, embargoes, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes and other natural catastrophes, breakdowns, severe weather conditions, transportation issues, government actions, or interruptions of public or private telecommunications.

Complaints – We follow a complaint handling system aimed at reviewing and resolving disputes promptly as they arise. Please inform us if you have any complaints or comments.