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Airshoppen Taxfree

Terms & conditions

1  Definitions

1.1 Airshoppen Website:  the website for Our Airshoppen service which is available at airshoppen.thomascookairlines.com and is owned and operated by Us;
1.2 Goods: the Duty Free goods that We are selling to you as set out in your order;
1.3 Contract: any contract which is made between Us for the sale of Goods to you. The Terms will apply to any such Contract;
1.4 Last Order Date: the last date on which you can place an order with Us, which is usually 5 days prior to your Thomas Cook Airlines departure or as notified separately to you as set out in Clause 6.3;
1.5 Terms: the terms and conditions on which We supply the Goods to you as set out in this document; and
1.6 We/Our/Us: Thomas Cook Airlines Scandinavia A/S, Copenhagen Airport South, Hangar 276, DK-2791 Dragoer, Denmark. 

2  Information about us and how to contact us

2.1 We are a company registered in Denmark. Our company number is 13896909 and Our registered office is at Copenhagen Airport South, Hangar 276, DK-2791 Dragoer, Denmark. Our registered VAT number is 13896909.
2.2 Goods: If you wish to contact us, including if you have any questions or complaints, you can contact our Customer Service team using the contact details set out below: 

2.2.1 telephone: +(44) 1614 98 38 38; or
2.2.2 email: airshoppen@thomascookairlines.com 

3  General

3.1 The Airshoppen Website allows you to pre-order Goods and have the Goods delivered to you on board your Thomas Cook Airlines flight.  We call this service “Airshoppen”.
3.2 “Airshoppen” is one of Our trading names and when you buy Goods using the Airshoppen Website, the resulting Contract will be between you and Us.
3.3 Please note that the term “Taxfree” offered on EU routes means, that Airshoppen has paid any applicable duty and VAT on items where such is applicable. This allows you to buy at the same price as if you were travelling to a destination exempt from duty and VAT.
3.4 Please ensure that you read these Terms carefully and check the details in your order before you place it. If you think that there is a mistake to your order or if you require any changes to it, please contact Us to discuss them. We will confirm any changes in writing to you to avoid any confusion between you and Us.
3.5 By purchasing Goods through the Airshoppen Website, you agree to the Terms.

4  Variations to the terms

4.1 We reserve the right to revise the Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
4.2 If We have to revise the Terms as they apply to your order, We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.

5  Our Goods

5.1 The images of the Goods on the Airshoppen Website and in Our catalogue are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours and the printed pictures accurately reflect the colour of the Goods. The Goods delivered to you may vary slightly from those images.

6  Placing orders

6.1 You can place orders for Goods using the Airshoppen Website or by telephone. The shopping pages on the Airshoppen Website or Our customer service sales representative will guide you through the steps you need to take to place your order.
6.2 You can place orders to be delivered to you on either your outward flight, your return flight or both. You will be given the option to specify whether you would like the Goods to be delivered to you on your outward or return flight as part of the order process. You may also order Goods on your outward flight to be delivered to you on your return flight. Please note that if you place an order for Goods to be delivered to you on both your outward and return flights, these will be treated as two separate orders. Therefore, if you order any Goods included in any of Our “multibuy” offers, including Our ”4 for 3” promotions, in order to benefit from these promotions, you must order all the relevant Goods to be delivered to you on the same flight (i.e. they must all be delivered to you on either the outward or return flight).
6.3 When you log in to the Airshoppen Website or call our customer service team to place your order, you will be notified of the Last Order Date which applies in relation to Airshoppen orders for your flight. If you wish to make an order for Goods using Airshoppen, you must do so before the Last Order Date. Any orders placed after the Last Order Date will not be processed by Us.
6.4 When you submit an order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the order will take place as described in Clause 6.5 below.
6.5 We will confirm your order by sending you an email (the “Confirmation Email”). The Contract between you and Us will be formed when We send you the Confirmation Email.
6.6 If We are unable to supply you with the Goods, for example because of an Event Outside Our Control (please see Clause 16 for further details) or the unavailability of Goods, We will inform you of this by email and We will not process your order. If you have already paid for the Goods, We will refund you the full amount as soon as possible.

7  Changing orders

7.1 You can make changes to your order at any time up to the Last Order Date. Any changes to your order made after the Last Order Day will not be processed by Us.
7.2 To make a change to your order, you can log into Airshoppen and then delete your online payment in the shopping basket. This will make the basket editable again, and it will now be possible to add or remove any goods before making a new online payment. You can also contact Our sales team by telephone using the contact details in Clause 2.2.
7.3 If you make any changes to your order after receiving your Confirmation Email you will receive a further e-mail from Us to confirm these changes. If you do not receive an email to confirm any changes you have made, please contact Us as soon as possible to ensure your changes are processed correctly. Our contact details are set out in Clause 2 above.
7.4 If you make a change to your order which results in a change in the total price of the Goods, We will notify you of the amended price by email. If you are not happy with the amended price, you can choose to cancel the order in accordance with Clause 11 below.

8  Prices

8.1 The price of the Goods will be as set out in Our catalogue or displayed on the Airshoppen Website at the time We send you the Confirmation Email. Our prices may change from time to time but price changes will not affect orders which have been confirmed in accordance with Clause 6.5.
8.2 All of Our prices are in British pounds.
8.3 It is always possible that, despite Our best efforts, some Goods may be incorrectly priced on the Airshoppen Website or in Our catalogue. We routinely check prices as part of Our dispatch procedures. Please see below for details of what will happen if this check reveals that any Goods have been incorrectly priced. Where the correct price is:

8.3.1 lower than the stated price, We will charge you the lower amount despite the pricing error; or
8.3.2  higher than the stated price, We will contact you by email as soon as possible to notify you of the pricing error. We will give you the option of continuing to purchase the Goods at the correct price or cancelling your order.  We will not process your order for dispatch until We have received your instructions.

9  Payment

9.1 You must make payment for the Goods in advance by credit or debit card. We accept payment by VISA, VISA Delta, VISA Electron, Barclays Connect and MasterCard. 
9.2 For orders made using the Airshoppen Website or by telephone, payment is made using an online system which will either be completed by you or Our customer service sales representative. The Airshoppen Website uses DIBS Payment Systems which is Scandinavia's leading provider of internet payment solutions. When you choose to order online, you will be led to a secure and encrypted page at DIBS where you can enter your card details. After payment has been approved you will receive a payment confirmation via email.  Please note that this is separate to the Confirmation Email you will receive and simply confirms that We have received your payment and does not confirm that We have accepted your order.  Acceptance of your order will take place as set out in Clause 6.5.
9.3 We will deduct the money from your account when the flight is closed for further orders, prior to shipping of goods. This means that we will usually take payments approximately 3-5 days before your flight is due to depart. Please remember that it you place an order to be delivered to you on both your outward and return flights, these will be processed and payment will be taken separately.

Example
You place an order for Goods via the Airshoppen website on 15 June 2015. Your outbound flight is on 15 July 2015. We will take payment for the Goods on or around 12 July 2015.
9.4 If you decide to make a purchase on your outward flight which is to be delivered to you on your return flight payment will be taken directly by cabin crew upon delivery on your return flight. You can pay by cash, cheque or with one of the following payment cards on board: VISA or MasterCard. Due to offline banking authorization processes on-board the aircraft, we are unable to accept Mastercard or VISA cards with expiry dates identical to the month of travel. There might also be an offline spending limit on various credit cards. Please note that if you choose to pay by credit or debit card onboard, it can take up to 2 weeks before the money is deducted from your account. 

10  Delivery of Duty Free goods

10.1 The Goods will be delivered to you on your flight.
10.2 Delivery of your order shall be completed when We deliver the Goods to you and the Goods will be your responsibility from that time. Please ensure that you check that the Goods match your order before you leave the aircraft.   

11  Your right to cancel your order before or during your flight

11.1 You can cancel your order at any time up to the Last Order Date by either removing Goods from your order on the Airshoppen Website or by contacting our customer services team using the contact details in Clause 2.2. If you wish to make a change to your order rather than cancel, you can do so in accordance with Clause 7.
11.2 You may also cancel your order on your flight by handing the goods back to cabin crew, unopened.  If you cancel your order by handing the goods back to cabin crew We will refund you the full amount of any sums paid in advance as soon as possible.

12  Your consumer right to cancel

This clause 12 only applies if you place your order for Goods using the Airshoppen Website or by telephone. It does not apply for orders placed during your flight no matter when the Goods are delivered to you.

12.1 In addition to your cancellation rights as set out in Clause 11, you have a legal right to cancel a Contract as a consumer during the period set out below in clause 12.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. 
12.2 Your legal right to cancel a Contract starts from the date of the Confirmation Email, which is when the Contract between you and Us is formed and ends 14 days after the day on which you receive the Goods.  For example, if We provide you with a Confirmation Email on 1 January and you receive the Goods on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
12.3 To cancel a Contract, you just need to let Us know that you have decided to cancel. The easiest way to do this is to delete the items in the shopping cart on the Airshoppen Website. If you use this method We will email you to confirm We have received your cancellation. Alternatively you may use a copy of the form which is included below in the Schedule to the Terms. 
12.4 You can also e-mail Us at airshoppen@thomascookairlines.com or contact Our customer services team by telephone on +(44) 161 498 3838 or by post to Airshoppen, Copenhagen Airport South, Hangar 276, DK-2791 Dragoer, Denmark. If you  are emailing Us or writing to Us please include details of your order to help Us to identify it. If you send Us your cancellation notice by email or by post, then your cancellation is effective from the date you send Us the email or post the letter to Us. For example, you will have given Us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email Us before midnight on that day.
12.5 If you cancel your Contract We will:

12.5.1 refund you the price you paid for the Goods. However, please note We are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount; and
12.5.2 make any refunds due to you as soon as possible and in any event within 14 days after the day on which We receive the Goods back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Goods back to Us. For information about how to return Goods to Us, see clause 12.7.
12.6 We will refund you on the credit card or debit card used by you to pay. 
12.7 If you decide to cancel the Contract after your flight:

12.7.1 you must return the Goods to Us without undue delay and in any event no later than 14 days after the day on which you let Us know that you wish to cancel the Contract. Our returns address is: 

Att. Customer Service
Airshoppen
Thomas Cook Airlines A/S
Copenhagen Airport South
Hangar 276
DK-2791 Dragør,
Denmark 

;and
12.7.2 unless the Goods are faulty or not as described (in this case, see Clause 13), you will be responsible for the cost of returning the Goods to us.
12.8 Because you are a consumer, We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 12 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 

13  Faulty Goods and warranties

13.1 Many of the Goods We sell come with a manufacturer’s guarantee. For details and the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods. This guarantee is in addition to and does not affect your legal rights in relation to Goods that are faulty or not as described.
13.2 If you return faulty Goods to Us, we will refund the reasonable shipping costs that you have incurred in connection with returning the Goods.  Please send Us a copy of your Confirmation Email and your receipt for the delivery charges along with the Goods.
13.3 In addition to the above, as a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in the Terms will affect these legal rights.

14  Data protection

14.1 We will only use your personal information in accordance with our Personal Data Policy or as set out in this Clause 14.
14.2 We will use the personal information you provide to Us to: 

14.2.1 provide the Goods
14.2.2 process your payment for the Goods; and
14.2.3 inform you about similar products that We provide, but you may stop receiving these at any time by contacting Us.
14.3 We may pass information to other members of the Thomas Cook group of companies solely for the purpose set out in this Clause 14.  

15  Our liability to you

15.1 If We fail to comply with these terms, We are responsible for loss or damage you suffer that is foreseeable as a result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into the contract. 
15.2 We only supply the Goods for private and domestic use. You agree not to use the Goods for any commercial, business or re-sale purpose and We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.3 We do not exclude or limit in any way Our liability for:

15.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
15.3.2 fraud or fraudulent misinterpretation;
15.3.3 breach of the terms implied by section 12-15 of the Sale of Goods Act 1979; or
15.3.4 defective products under the Consumer Protection Act 1987. 

16  Events outside our control

16.1 We will not be liable or responsible for any failure to perform or delay in performance of Our obligations under these Terms that is caused by an Event Outside Our Control. 
16.2 An Event Outside Our Control means any act or event beyond Our reasonable control. 
16.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Terms: 

16.3.1 We will contact you as soon as reasonably practicable to notify you; and
16.3.2 Our obligations under the Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. 
16.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see Clauses 11 and 12 above for further details of your cancellation rights. We will only cancel the contract if the Event Outside Our Control means that we are unable to deliver the Goods to you on your flight.

17  Governing law and jurisdiction

17.1 These Terms are governed by Danish law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by Danish law. 
17.2 You and We both agree that the courts of Denmark will have non-exclusive jurisdiction. However, if you are a resident of another EU country, you may also bring proceedings in the EU country in which you are resident.

18  Your Purchases During the Flight

18.1 Please note that, for safety reasons, the consumption of alcohol by our customers is restricted to alcohol served by our cabin crew during the flight. Alcohol purchased from Airshoppen cannot be consumed on-board our aircraft. If our cabin crew suspects that you have opened any alcohol purchased from Airshoppen whilst on-board our aircraft, they are entitled to confiscate your purchase from you for the duration of the flight. Under these circumstances, your purchases will be returned to you upon landing at your destination. 
18.2 To comply with customs legislation, your Airshoppen purchases will be given to you in a special sealed bag. You should not open this bag until you have reached your final destination. You should also retain your proof of purchase throughout your journey. If you open your purchases or fail to retain proof of purchase, your Airshoppen purchases may be confiscated by customs officials upon arrival.