ARTICLE 1 – Purpose and Definitions
The “Inflyter” mobile application (the “Application”) is provided and operated by Inflyter SAS, a company registered in France under SIREN number 811 169 812 RCS Nanterre, whose registered office is located at 191-195 Avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, France (“Inflyter”).
It enables individual, consumer, non-professional travellers (the “Customers”) to order online and purchase duty-free products (the “Products”) offered by certain professional sellers (the “Sellers”) in so-called “Duty Free” areas, in airports, railway and maritime stations, aircraft, boats and other, in France and abroad (the “Sales Points”).
These General Terms and Conditions of Use (the “GTCU”) define the conditions under which Inflyter makes the Application available to Customers and authorises its use for the purposes described above.
They also define the respective rights and obligations of Inflyter, Customers and Sellers in connection with the Application availability and use.
ARTICLE 2 – Scope of application
These GTCU apply, without restriction or reservation, to the use of the Application by any Customer for placing orders and purchasing Products from a Seller.
They supplement the Seller’s general terms and conditions of sale, which govern sales made between the Seller and the Customer through the Application, and which must be consulted and accepted by the Customer at the time each order is placed.
The Customer acknowledges that the Application is a sales space for Products made available to the Customer and the Seller by Inflyter.
Only the Seller, whose name is indicated on the description of each Product, is the co-contractor of the Customer for the order and purchase of the Products concerned. Inflyter is therefore neither the buyer nor the seller of these Products.
The present GTCU are accessible at any time on the website https://www.inflyter.com/ and on the Application.
They may be subject to subsequent modifications, the applicable version being the one in force at the date the order is placed by the Customer.
ARTICLE 3 – Access and use
Access to and use of the Application are strictly reserved to the adult Customer acting in a private capacity, which they declare and acknowledge, undertaking, moreover, to carry out in good faith all order and purchase operations concluded with the Seller through the Application.
Any Customer meeting the foregoing conditions and holding a valid passport and travel document may select, order and purchase the Products of their choice from the Seller’s catalogue.
The Customer acknowledges having the required capacity to use the Application and to order and acquire the Products offered by the Seller.
Use of the Application is free of charge for the Customer (excluding any internet connection costs charged by the provider or operator) and without any obligation to purchase.
Only the order and purchase of Products from the Seller are subject to payment, in accordance with the terms and conditions set forth in these GTCU and the Seller’s general terms and conditions of sale.
To use the Application, the Customer must accept these GTCU and register as a user by creating an account.
A valid passport and travel document are required to complete such registration.
Registration and creation of a user account enable the Customer to be put in contact with the Seller, to order Products, to pay the price, to confirm receipt and to communicate with the Seller if necessary.
A personal login and password are chosen by the Customer to access their account.
The Customer undertakes to keep these strictly confidential and shall refrain from disclosing them to any person whatsoever.
The Customer is solely responsible for the use of their login, password and account, unless there is evidence of fraudulent use that cannot be attributed to them.
Any fraudulent use of elements and accounts of which the Customer is aware must be notified immediately in writing to Inflyter.
In the event of non-compliance with these GTCU by the Customer, Inflyter reserves the right to interrupt temporarily or permanently their access, without notice or compensation.
Inflyter will use its best efforts to provide the Customer uninterrupted access to the Application, except in the following cases in particular:
- Corrective maintenance or upgrades, planned or not;
- Weakness or absence of internet access coverage by the Customer’s access provider or operator;
- Force majeure;
- Any technical problem of any nature whatsoever.
ARTICLE 4 – Products offered
The Products offered for purchase on the Application are the subject of a description enabling the Customer to know their main characteristics, in particular, the specifications, illustrations and indications of the dimensions or capacity of the Products, as well as their price.
The range of Products offered depends on the travel destination and is understood to be subject to available stocks.
The catalogue, description, price and availability of the Products presented on the Application are provided to Inflyter by the Seller. The Customer is required to read them before placing an order.
Illustrations, photographs and other visual representations are not contractual and Inflyter cannot be held responsible for them.
The choice and ordering of Products is the sole responsibility of the Customer.
The contractual information concerning each order is subject to confirmation at the time of their validation by the Customer at the latest.
ARTICLE 5 – Orders
5.1 Order placement
It is up to the Customer to select on the Application the Products that they wish to order.
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before accepting and registering it.
The registration of an order on the Application is carried out when the Customer accepts these GTCU as well as the Seller’s general terms and conditions of sale, by ticking the box(es) provided for this purpose, enters their travel information and confirms the content of their order.
Once the order has been registered, the Customer proceeds to prepay the price in accordance with the provisions of Article 6 below. The order will only be accepted by the Seller upon receipt of said prepayment.
The accepted order is confirmed after a QR Code required for the pick-up of the Products has been sent to the Customer to a dedicated area of the Application.
In the absence of proof to the contrary, the data recorded in the Application’s computer system constitutes proof of all transactions concluded between the Seller and the Customer.
The Customer is solely responsible for compliance with the legal restrictions and customs legislation of the territory of origin and the territory of destination, applicable to the type and quantity of Products ordered.
The Seller may reserve the right not to honour an order and/or to suspend its execution, even after sending the confirmation QR Code, for any legitimate reason, in particular in the event that:
- The order does not comply with the Seller’s general terms and conditions of sale;
- The type of Product ordered is subject to a restriction relating to the Customer’s age (for example, for the purchase of tobacco and alcohol);
- The quantities of Products ordered do not correspond to the normal use of a consumer Customer; or
- Several serious and concordant elements would give rise to a suspicion of fraud on the order.
Furthermore, the Seller may reserve the right to refuse an order concerning a Customer who has not paid in full or in part for a previous order or with whom there is an ongoing payment dispute.
If the order relates to several Products, only the Products for which the order cannot be honoured, executed or accepted are concerned.
5.2 Order cancellation
The order may be cancelled by the Customer (excluding the exercise of the right of retraction or in the event of force majeure) up to at least two hours before the Customer’s boarding time as indicated on their travel ticket.
The order may also be cancelled in the event of cancellation of the trip or a change in the airport, port or terminal of departure or arrival, which is beyond the Customer’s control and which could have the effect of preventing the Customer from picking-up the Products ordered.
In the above cases, the prepayment of the order is waived and the Products are put back in stock by the Seller.
In the event of cancellation on the part of the Customer less than two hours before boarding time, or in the event of failure to collect the Products that is not justified by the cancellation of the journey or the modification of the airport, port or terminal of departure or arrival, independently of the Customer’s will, the Seller reserves the right to charge and deduct cancellation fees specified in its own general terms and conditions of sale.
ARTICLE 6 – Prices
The prices appearing on the description sheet of the Products are freely set by the Seller.
The price depends on the Customer’s travel destination. Thus, the price of the same Product may vary depending on whether the Customer has an international travel document giving them access to the pricing specific to the “Duty Free” zone or not.
Prices are indicated in local currency or in any other currency specified by the Seller and are inclusive of tax.
ARTICLE 7 – Payment
The price is prepaid in cash and in full through the Application, in the name and on behalf of the Seller, via a secure payment method:
- Credit card;
- PayPal; or
- Apple Pay;
according to the option available at the time the order is placed.
The sale is effective and the price is effectively collected by the Application on behalf of the Seller, upon pick-up of the Products ordered by the Customer.
An invoice is issued by the Seller and delivered or sent electronically to the Customer upon pick-up of the Products. This invoice is the sole proof of said pick-up.
ARTICLE 8 – Pick-up of Products
The Products ordered may be collected by the Customer according to the method proposed and selected by the Customer at the time of placing the order:
- Either at the counter of the Point of Sale;
- Either in a “Locker” located at the Point of Sale or elsewhere;
- Or at the boarding gate of the airport, port or terminal of departure or arrival.
The Products are delivered to the Customer only on presentation of the QR Code provided with the confirmation of their order, their valid passport and the corresponding travel document.
If the Products ordered are not delivered to the Customer for any reason other than force majeure or the Customer’s fault, the order may be cancelled and the sale resolved at the Customer’s request in accordance with the Seller’s general terms and conditions of sale. Any prepayment made by the Customer on the Application shall then be cancelled.
ARTICLE 9 – Transfer of risks and ownership
Unless otherwise stipulated in the Seller’s general terms and conditions of sale, the transfer of risks and ownership of the Products to the Customer takes place upon completion of the sale at the time of collection of payment of the price and pick-up of the Products.
ARTICLE 10 – Right of retraction
The right of retraction and the terms and conditions for exercising this right, which the Customer may benefit from with regard to orders or purchases made, are specified in the Seller’s general terms and conditions of sale.
ARTICLE 11 – Liability and guarantee
It is reminded that Inflyter is not the Seller of the Products. Therefore, the company cannot be held responsible for sales made between the Seller and the Customer, to which it remains a third party.
The Products can neither be taken back nor exchanged by Inflyter, the exchange and return policy being defined by the Seller in its own general conditions of sale.
Any dispute relating to a sales transaction carried out via the Application must be settled directly between the Customer and the Seller in application of the latter’s general terms and conditions of sale.
Inflyter’s liability towards the Customer can only be engaged for facts that are directly attributable to it and that cause the Customer direct damages, to the exclusion of any indirect damages.
Inflyter’s liability is excluded in the event of misuse of the Application by the Customer or fault on their part. The same shall be excluded for acts attributable to a third party.
In accordance with the laws and regulations in force, Inflyter cannot be held liable or responsible for the contents made available on the Application, in particular as regards to the description of the Products, unless it does not promptly disable access after having been informed of their illegality.
The Customer is solely responsible for the use of the Application, in particular for the assessments that they makes of it, and undertakes to guarantee, at first request, to indemnify and compensate Inflyter for any damage, loss or loss of profit, which it may suffer if a liability is made by a third party, as a result of such use by the Customer.
The Products offered by the Seller through the Application comply with the regulations in force in the territory in which they are sold.
In the event of a defect or non-conformity, the Products benefit from the legal and contractual guarantees stipulated in the Seller’s general terms and conditions of sale. It is the Customer’s responsibility to contact the corresponding Seller for any such claim.
Any reimbursement granted by the Seller to the Customer shall be made in accordance with the Seller’s general terms and conditions of sale.
ARTICLE 12 – Personal data
Pursuant to the French law 78-17 of 6 January 1978 amended by law n°2018-493 of 20 June 2018, as well as the EU Regulation 2016/679 (General Data Protection Regulation), the controller of the personal data provided by the Customer as part of the use of the Application is Inflyter.
It is reminded that the personal data requested by Inflyter from the Customer through the Application are those necessary for the use of the Application, as well as for the processing and execution of the orders and purchases of the Products made by the Customer.
This data may not be used for any other purpose without the express authorisation of the Customer or in the absence of any other legal basis allowing it.
The Customer acknowledges that Inflyter may communicate all or part of the personal information provided by the Customer to the corresponding Seller for the purposes previously described.
Inflyter and the Seller undertake to ensure the security of the personal data to which they have access, as well as to comply with the applicable legal requirements in terms of processing.
The Customer acknowledges that it is necessary to consult these policies in order to obtain more information on the processing of their personal data.
The Customer has, in accordance with the laws and regulations applicable to Inflyter, the right to access, modify, rectify, oppose the portability and limit the processing of personal data concerning them.
These rights can be exercised by post or email along with proof of identity, to the postal address of Inflyter or to the following email address firstname.lastname@example.org.
ARTICLE 13 – Intellectual property
The Application is the exclusive property of Inflyter.
The information contained in the Application pertaining to the Products is the property of the Seller and its partners.
The Application and its content are protected by French and international intellectual property laws.
Any total or partial reproduction of the Application and its content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 14 – Force majeure
Neither party can be held liable for the non-execution or delay in the execution of any of its obligations stipulated in the present GTCU that would result from a case of force majeure as defined in article 1218 of the French Civil Code.
ARTICLE 15 – Claims and disputes
Claims and disputes concerning the Products (including, but not limited to, their description, sale, delivery and conformity) are settled directly between the Customer and the Seller, using the messaging tool made available to them on the Application as applicable.
Claims and disputes concerning the Application and/or these GTCU are settled in accordance with the provisions of Article 16 below.
ARTICLE 16 – Applicable law and jurisdiction
These GTCU and their application are governed and subject to French law. Any dispute relating to their interpretation and/or enforcement will be submitted to French courts.
Any claim concerning these GTCU must be made on the Application or on the website https://www.inflyter.com/.
It is reminded that any claim or dispute concerning the Products must be settled directly between the Customer and the Seller.
In the event of a claim or dispute, the Customer is informed that they may in any event have recourse to conventional mediation, in particular before the French Commission for evaluation and control of consumer mediation or before the existing sector-based mediation bodies, or to any alternative dispute resolution method (e.g. conciliation).
The European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase and forward them to the relevant national mediators.
ARTICLE 17 – Language
These GTCU are written in English and in French.
In the event that they are translated into one or more foreign languages, only the French text shall be deemed enforceable in the event of a dispute.
ARTICLE 18 – Partial nullity
If one or more stipulations of the present GTCU are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain their full force and effect.
Last update: 22 October 2020