Toronto Reserve & Collect
Terms and Conditions
1. About these terms and conditions
1.1. This Website and Reserve and Collect are provided by The Nuance Group (Canada) Inc trading as Nuance (“we/us/our”). We are a company registered in Ontario and our registered office is at 3130 Caravelle Drive, Mississauga, Ontario, Canada l4v 1k9 . When we refer to “you” and “your” we mean the user of our Website and/or Reserve and Collect.
1.2. These are the Terms which apply to your use of our Website and your use of Reserve and Collect and by using our Website and/or Reserve and Collect you agree to be bound by these Terms. If you do not agree to these Terms you must not use our Website or Reserve and Collect. Please read these Terms carefully and make sure that you understand them before using the Website or Reserve and Collect.
1.3. These Terms will apply to any contract between us which is formed when you access our Website and/or when you use Reserve and Collect.
1.4. These Terms only apply to your viewing and use of this Website and Reserve and Collect. If you use one of the links on this Website to visit one of our partner websites, then please note that when you’re viewing these websites, any purchases made through them will be subject to separate terms and conditions.
1.5. When the following words with capital letters are used in these Terms, this is what they mean:
“Products” - any of the products featured on our Website or included in a reservation;
“Reserve and Collect” - the reservation service (offered by us via our Website and as advertised in our store or on any of our websites as ‘Reserve and Collect’) which allows you to reserve Products ahead of a flight for collection at our stores in Toronto Pearson International Airport just prior to the flight;
“Website” - our website at www.shopdutyfree.com;
1.6. If you have any questions on these Terms, or would like to discuss a reservation made through Reserve and Collect please contact our Customer Support Team using the contact details in Clause 17 below.
1.7. When we use the words "writing" or "written" in these Terms, this will include e-mail correspondence unless stated otherwise.
2. Reserve and Collect
2.1. Reserve and Collect is available to all passengers travelling from the International terminal and US departures terminal of Toronto Pearson International Airport where our stores are located. You can find details of our stores and those offering Reserve and Collect on the Website.
2.2. Payments for Products reserved via Reserve and Collect will be taken when you collect the Products from our store. You do not have to make any payment or provide any payment information through the Website. Please see clause 11 below for further information on payment.
2.3. Reservation requests must be made a minimum of 48 hours prior to departure and no more than one month prior to departure. Reservation requests made any sooner or later than this cannot be accepted by us. Note that any products that cannot be reserved due to these timing restrictions can be added to a “Wish List”, which is stored for future viewing by you.
2.4. After you make a reservation request via the Reserve and Collect service, you will receive an email (“Confirmation Email”) from us acknowledging that we have received your request and we will assign you a reservation request number. This reservation request number must be quoted in all subsequent correspondence with us relating to your request. Please note that the Confirmation Email is confirmation of your request only, and does not mean it has been accepted. Our acceptance of your request as an actual confirmed reservation will take place as described in clause 2.5.
2.5. Within seven (7) days of receiving your Confirmation Email, you should receive a separate email from us (“Reservation Email”) notifying you whether or not the Products you have requested are available and if they have been reserved for you. The Reservation Email will also include the date on which you can pay for and collect the Products, as well as the location to do so.
2.6. When using the Reserve and Collect service, please ensure that the details are complete and accurate before you submit the request. As part of the reservation process, you will also be asked to provide the time, date, departure airport, destination of your flight and an optional flight number. Please take particular care to ensure this information is accurate as we will use it to determine your collection date and time. If, after placing your reservation request and before receiving your Reservation Email, you realise that you have provided us with any incorrect information or you wish to amend your reservation, you can do so via the Website by logging into your account (if a password has been previously set up by you when placing the order). If you realise that you have provided us with any incorrect information or you wish to amend your reservation after you have received your Reservation Email you should cancel your reservation and place a new reservation. Alternatively, please contact our customer support team using the contact details in Clause 17 as soon as possible.
2.7. Note that neither the Confirmation nor the Reservation Emails are a binding offer. By making a reservation you are only reserving the Products for collection and purchase at the time of departure in compliance with customs requirements, and in store in accordance with these Terms. The completion of the contract between you and us will take place when you pay for and collect the Products in store. Title to any Products you reserve via Reserve and Collect shall pass to you when you collect and pay for the Products in store in accordance with the in store terms of sale.
2.8. You can cancel your reservation at any time, including after receiving the Reservation Email.
2.9. We reserve the right to cancel your reservation in whole or in part for any reason at any time. Where we cancel any reservation, we will try to notify you of this prior to your flight time.
3.1. The images of the Products and any packaging (if applicable) on our Website 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 accurately reflect the colour of the Products and/or packaging. The Products may vary slightly from those images.
3.2. The packaging of the Products may vary from that shown on images on our site.
3.3. All Products shown on our site are subject to availability and any duty free restrictions (see Clause 7). At the latest this will be discussed with you at the time of your flight, however, we will try to inform you via the Reservation Email if the Products you have reserved are not available. This earlier email notification just cannot be guaranteed due to timing and administrative limitations.
3.4. The range of Products offered on our Website and in our stores (including any of the products that may have been confirmed to you as reserved) is subject to change without prior notice and we reserve the right from time to time, to withdraw or cease to make available any or all of the Products from our Website.
4.1. We take all reasonable care to ensure that the prices of Products are correct and up to date. However if we discover an error in the price of the Products you reserved, please see clause 4.2 for what happens in this event. Prices for the Products may change from time to time but any changes will not apply to any reservation which we have confirmed in accordance with clause 2.5.
4.2. Our site contains a large number of Products. It is always possible that, despite our reasonable 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 we will try to inform you in writing of this error and we will give you the option of continuing with the reservation of the Products at the correct price or cancelling 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 reservation process, we will treat the reservation as cancelled.
4.3. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
4.4. We reserve the right to make changes to the prices of the Products from time to time but (except where the changes are due to incorrect pricing) such changes will not apply to any reservations which have been successfully placed, as confirmed by a Reservation Email.
4.5. The Reserve and Collect price promise guarantees you the best deal available at the time of the purchase from us. If, when you pay for and collect the Products, they are included in a promotional offer or have been discounted in the store on the date of collection, you will be charged the lower of
a) the price of the promotional offer or discount; or
b) the price stated in your confirmation email.
This only applies to Products that have been reserved and does not apply to products which have been added to the basket within the airport store.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on the Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding the Website that comes to your attention.
6. Changes to these terms and conditions
6.1. We reserve the right to amend these Terms from time to time. Any such changes will take effect when posted on our Website. Notwithstanding the above, any material changes to these Terms will be communicated to you and will need to be expressly accepted it by you.
6.2. Every time you make a reservation with us, the Terms in force at that time will apply to the Contract between you and us.
6.3. Your continued use of our Website shall signify your acceptance to be bound by the latest Terms.
7. Availability of the Products at time of collection
7.1. Your reservation shall automatically be cancelled and the Products returned to the store for general sale if for any reason you do not pay for and collect the Products within 24 hours after your collection date and time stated in your Reservation Email.
7.2. To ensure the availability of Products in store which are included in promotional offers, there may be restrictions on the number of certain promotional Products you can reserve. Where any such restriction applies, this will typically be stated on the Website and you will not be able to reserve more than the permitted number of Products.
7.3. Availability of Products varies from store to store and details of Products available for reservation (where Reserve and Collect is operating) are shown on the Website.
7.4. When you pay for and collect the Products, we reserve the right to limit the number of a particular product we sell to you or to cancel your reservation if the products are not available at the time of collection.
7.5. We shall not be liable to you where circumstances arise whereby the Products you have reserved are not available or cannot be purchased on the date of your collection.
7.6. The Products will be your responsibility once you have collected them and you will own the Products once we have received payment in full.
8.1. Some of our Products have a minimum age requirement (for example those containing alcohol), and by reserving any of these Products you confirm that you are the required age. We are not allowed by law to supply these restricted products to you if you do not satisfy the age requirements. If you are underage please do not attempt to reserve these Products. You or any person nominated by you may be required to provide proof of your age when you pay for and collect the Products.
8.2. All reservations are subject to any applicable customs regulations and/or duty free regulation. Adherence to any customs regulations are your responsibility. If you reserve Products which exceed the allowance under relevant customs regulations, you may be advised (but we have no obligation to advise you) to purchase only the number of Products within the limits set by the applicable customs regulations. We will not be responsible or liable if you purchase more Products than permitted by the applicable regulations.
8.3. A valid boarding card must be presented when collecting and paying for the Products, otherwise your reservation will be cancelled and you will be unable to purchase the Products. We reserve the right to deny purchase of the Products which are not available for purchase for the destination stated on the boarding card, but we have no obligation to do so and we will not be responsible or liable if you purchase Products that are not available for the destination stated on your boarding card.
8.4. If, for whatever reason, you are unable to pass through airport security into the departure area, we will be unable to fulfil your reservation and your reservation will be cancelled.
8.5. Please note that due to customs regulations, we are unable to deliver any uncollected Products to an alternative address outside of the relevant airport departure lounge and the Products can only be collected from the designated collection point at that airport.
9. If the products are faulty
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local consumer protection authority. Nothing in these Terms will affect these legal rights.
If you are unhappy with the Products for any reason, you may return them to us in accordance with our sixty (60) day Returns Offer, a copy of which is available at toronto.shopdutyfree.com
11.1. You are not obliged to purchase any of the Products you have reserved with us using Reserve and Collect. If you change your mind when you come to pay for and collect the Products you may choose to replace the Products with any other items which are currently available in store. You will pay the price shown in-store for these items. If you no longer wish to purchase the Products, you can cancel your order via the Website prior to your departure date or by informing a member of staff at the store.
11.2. We accept payment in store in various currencies. If you wish to pay in a currency other than Canadian Dollar, the conversion rate into the currency you wish to pay in will be determined in accordance with our in-store terms of sale on the actual date of purchase.
12. Limitations on warranties and liability
12.1. Subject to clause 12.4, we will use reasonable endeavours to verify the accuracy of any information on the Website but we make no representation or warranty of any kind, express or implied, statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability and of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability for any kind of loss or damage from action taken in reliance on material or information contained on the Website.
12.2. If we fail to comply with these Terms, we are responsible for any direct loss or damage you suffer that is a foreseeable result of our breach of these Terms. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract between you and us. To the fullest extent permitted by applicable law, we will not be liable to you for any other damages of any kind, including indirect, special, consequential or incidental damages or other damages arising directly or indirectly from your use of (or your inability to use) the Website or of Reserve and Collect.
12.3.We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4. We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence; and
b) fraud or fraudulent misrepresentation.
13. Use of our website
13.1. You are solely responsible for all activity while using our Website and for the security of your computing systems. You assume all liability for losses and damage incurred by us as a result of your activity on our Website, except where such losses are due to a third party who is not known to you who deliberately misuse your log-on details.
13.2. We reserve the right to terminate your Website account where you do not comply with these Terms or any applicable laws and regulations relating to the use of our Website. You may amend or cancel your Website registration at any time via the Website or by contacting our customer support team using the contact details in Clause 17 below.
13.3. You must not use the Website for any unlawful or fraudulent purposes. You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial-of-service attack.
13.4. Without prejudice to its other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of clause 13.3, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.
14. Events Outside Our Control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
14.2. An Event Outside Our Control means for the purpose of this clause any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, supplier default or delay, 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 Outside Our Control takes place 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 Use Of Our Website
Subject to clause 16 below, you may not download, copy, use, make derivative use of or exploit for commercial purposes any proprietary or other information or content on our Website, including, but not limited to, any images, pricing or descriptions of the Products or any brand trademarks, trade names or logos. This includes any copies or derivative created for the benefit of a third party. Use of data mining, robots or any other kind of data gathering and/or extraction tools is strictly prohibited.
16. Intellectual property and proprietary rights
All intellectual property and other proprietary rights (i) in our Website and its content, and (ii) in any trademarks, trade names, domain names and product names used in our Website, are owned and expressly reserved by either Nuance its licensors or brand owners providing the Products. Any use of such rights without express written consent of the The Nuance Group (Canada) Inc or the relevant brand owners is strictly prohibited.
17. How to contact us
If you have any questions about your reservation you can refer to your account or order details, refer to the FAQ pages, or for any concerns, please contact our Customer Support Team. You can contact our customer support team by telephone on +1 905 673 7299, by e-mail at email@example.com by post at Nuance Customer Support Team, 3130 Caravelle Drive, Mississauga, Ontario Canada l4v 1k9
18. How we may use your personal information
19.1. We welcome your comments and feedback regarding our Website, our services and as Product reviews. By submitting information in this way, you are expressly granting us an irrevocable and unrestricted licence to use, modify, reproduce, display and distribute such information for any purpose whatsoever at our sole discretion. You also waive any and all moral rights in such information. Unless required by law, we will not obtain your prior written consent to attribute such information to you..
20. Other important terms
20.1. We may at our sole discretion transfer our rights and obligations under these Terms to another organisation.
20.2. Any contract concluded pursuant to these Terms is made between you and us. No other person shall have any rights to enforce any of its terms.
20.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.5. The Terms, as amended from time to time, constitute the entire agreement between you and us regarding your rights and obligations in respect to your access to our Website and use of Reserve and Collect services we may provide you.
20.6. These Terms are governed by the laws applicable in the Province of Ontario. You and we both agree to submit to the non-exclusive jurisdiction of the Ontario courts sitting in Toronto.