BNE Duty Free Terms and Conditions

1. BNE Duty Free is an online marketplace application (the Platform) where you can purchase goods (Goods) for click and collect at Brisbane Airport from Lotte Duty Free (the Vendor).  
   
   
2. These terms and conditions (Terms) are entered into between Brisbane Airport Corporation Pty Limited [ABN 54 076 870 650] (we, us or our) and you, together the Parties and each a Party. These Terms include our privacy policy, which can be viewed at https://www.bne.com.au/privacy-policy.
   
   
3. In these Terms, ‘you’ means (as applicable):
   1. the person or entity registered with us as a Customer; or
   2. the individual accessing or using the Platform, including as a Customer or an authorised user of a Customer.

If you are using the Platform on behalf of your employer or a business entity, you represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

4. We provide the Platform as an online platform where you can purchase goods from the Vendor. The Platform is available through the BNE Duty Free Website or other associated channels such as mobile apps or web apps, which are to be construed as a whole, as the Platform.
   
   
5. We host and maintain the Platform, process payments between you and the Vendor, and provide promotional opportunities for the Vendor (together the Platform Services). You understand and agree that we only make available the Platform Services.

6. You understand and acknowledge that Brisbane Airport Corporation IS NOT a party to any agreement entered into by you for the purchase of Goods offered for sale via the Platform. You understand and acknowledge that any agreement to purchase Goods is directly between you and the Vendor.

Acceptance

7. You accept these Terms by checking the box on the Platform indicating your acceptance.

8. You understand and acknowledge that some products, including alcohol products, must not be purchased by people under the age of 18. You must not submit an order for, or otherwise attempt to purchase, these types of products unless you are at least 18 years of age.
   
   
9. We may amend these Terms at any time, and the amended Terms will apply from the date they are published to the Platform. You agree to be bound by the amended Terms by continuing to use the Platform.

Use of information

10. Any personal information provided by you to us via the Platform will be that dealt with in accordance with our Privacy Policy, which is incorporated into these Terms and accessible at https://www.bne.com.au/privacy-policy.
11. By accessing and using the Platform you consent to us collecting, storing and using your personal information in accordance with our Privacy Policy.

12. Any information you provide to the Vendor will be subject to the Vendor’s privacy policy.

Accounts

13. You may create an Account on the Platform before you purchase Goods from the Vendor.  This will ensure that your information is stored for future purchases.  Alternatively, you may elect to purchase Goods from the Vendor via a ‘guest checkout’ option.  You do not need to create an Account to browse the Platform.
    
    
14. You may only have 1 Account on the Platform.

15. You must provide basic information when registering for an Account including your name, email address, telephone number and you must choose a password.
    
    
16. You agree to provide accurate, current and complete information during the Account creation process, to regularly update such information to keep it accurate, current and complete.
    
    
17. Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
    
    
18. You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

19. If, at any time, we believe (acting reasonably and without negligence, recklessness or wilfulness) that you have not complied with these Terms, we reserve the right to immediately cancel or terminate your licence to use the Platform and the Platform Services and may restrict or remove your access to the Platform or Platform Services without notice to you.

Goods and Purchasing Goods

20. Any images or photographs of the Goods, including packaging, displayed on the Platform are for illustration only.  Actual Goods, including packaging, available for purchase may differ in immaterial aspects from that shown. 

21. The Vendor is responsible for the accuracy of information displayed on the Platform, and we make no warranty in relation to the accuracy of the colours, sizes and details displayed on the Platform.  

22. The Vendor is responsible for the completion of your purchase, or for any failure to supply the purchased Goods in a timely manner. The Vendor is responsible for the availability of Goods, and we do not guarantee the availability of any Goods displayed on the Platform.

23. We may refuse to accept your order or reverse your order where we cannot obtain authorisation for your payment.

Content

24. Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the content found on the Platform (Content).

25. We grant you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to access and use the Platform and the Content.
    
    
26. Other than those set out in these Terms, your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

27. You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms:
    1. copy in whole or in part, any Content;
    2. sell any Content to any third party;
    3. reproduce, reverse engineer, retransmit, distribute, disseminate, publish, broadcast or circulate any Content designated as paid, exclusive or non-shareable content; or
    4. breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, cause any of the Content to be framed or embedded in another website, or create derivative works from the Content.
       
       
28. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Making Payments

Payment methods:

29. We provide a number of payment methods on the Platform, including our current third party payment processor, Stripe Payments, for Purchases made from the Vendor. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. Those terms and conditions are accessible via the third party payment processor’s website. By making payment through a third party payment processor, if applicable, you accept the applicable terms and conditions.

Promotional discount codes:

30. We may from time to time issue promotional discount codes for purchases via the Platform. To claim the discount, you must enter the promotional discount code at the time of making your Purchase through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.

Payments are final:

31. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment. Credit card information is always encrypted during transfer over networks.

Refunds and cancellation policy for goods

Replacement, Repair, Resupply or Refund:

32. The replacement, repair, resupply or refund of any Goods ordered, or any disputes relating to any Goods ordered on the Platform, is a matter between you and the Vendor. All communications in relation to the replacement, repair, resupply or refund of any Goods should be directed to dutyfree@bne.com.au.
    
    
33. We do not provide any guarantees as to the quality or fitness for purpose of the Goods that you purchase from the Vendor via the Platform. Any Statutory Rights in respect of the actual Goods, if applicable, must be claimed against the Vendor (see clause 40 below). 

34. Subject to your Statutory Rights (see clause 36 below) you should only contact us for assistance in relation to your use of the Platform and the Platform Services, including the processing of the payment of any fee via the Platform. We can be contacted via the Customer Feedback form at www.bne.com.au/passenger/contact-us

Warranties

35. You represent, warrant and agree that:
    1. there are no legal restrictions preventing you from entering into these Terms;
    2. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
    3. other than expressly stipulated in these Terms, and pursuant to any Statutory Rights, we make no warranties as to the operation or availability or performance of the Platform; and
    4. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights); (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform.

Australian Consumer Law

36. Certain legislation, including the Australian Consumer Law (ACL) in Schedule 2 to the Competition and Consumer Act 2010 (Cth), and similar state-based consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to your use of the Platform and Platform Services which cannot be excluded, restricted or modified (Statutory Rights).

37. If the ACL or similar state-based consumer protection laws apply to you as a consumer, nothing in these Terms excludes your Statutory Rights. You agree that any Liability of BAC which arises out of your use of the Platform or Platform Services is governed solely by the ACL or similar state-based consumer protection laws, and these Terms.

38. You understand and acknowledge that the rights detailed in this section “Australian Consumer Law” relate only to your use of the Platform, and the Platform Services, and do not relate to your rights in relation to the actual Goods you purchase from the Vendor via the Platform.

39. Subject to your Statutory Rights, we exclude all express and implied warranties, relating to or arising out of your use of the Platform and Platform Services.

40. All Goods purchased from the Vendor via the Platform come with statutory guarantees that cannot be excluded. Pursuant to the ACL or similar state-based consumer protection laws, you are entitled to remedies if Goods do not meet guaranteed standards, including if they are of unacceptable quality or not fit for purpose.  You are entitled to a replacement, repair or refund for defective Goods, depending on the nature of the defect.
    You should contact the Vendor via bnedutyfree@bne.com.au if you consider that you are entitled to a remedy under the ACL or similar state-based consumer protection laws

41. This clause will survive the termination or expiry of these Terms.

Exclusions to liability

42. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
    1. your use of the Platform or the Platform Services including without limitation, indirect or Consequential Loss or any damages arising from your use of the Platform or the Platform Services;
    2. any aspect of the Customer and Vendor interaction, including the Goods offered by the Vendor, the description of the goods and/or services requested or offered, any advice provided, the performance of services, or supply and delivery of Goods by the Vendor;
    3. any third parties or any goods and services provided by third parties, Customers, end users, suppliers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
    4. the Platform Services being unavailable, or any delay in us providing the Platform Services to you, for whatever reason; and/or
    5. any event outside our reasonable control,

except to the extent that any such Liability was contributed to by the wilful negligent or reckless act or omission of us, our employees or other representatives.

43. This clause will survive the termination or expiry of these Terms.

Termination/Suspension of Account

44. We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
    1. you or any of your authorised users breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us; or
    2. there is any reason outside our control which has the effect of compromising our ability to provide the Platform Services.

Upon expiry or termination of these Terms:

1. we will remove your access to the Platform; and
2. we will immediately cease providing the Platform Services to you.

45. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
    
    
46. This clause will survive the termination or expiry of these Terms.

General

Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, the replacement, repair, resupply or refund of any Goods ordered, or any disputes relating to any Goods ordered on the Platform (Vendor Dispute), you must contact the Vendor, in writing, via dutyfree@bne.com.au and take all reasonable steps to resolve the dispute. 

In relation to a dispute, controversy or claim arising from, or in connection with, your use of the Platform or the Platform Services, that is not a Vendor Dispute, (including any question regarding the validity or termination of these Terms)  you may not commence court proceedings relating to that dispute until the below steps are undertaken:

1. you must notify us of the dispute, in writing, via the Customer Feedback form at bne.com.au/passenger/contact-us;
2. we will use our best endeavours to respond to the notice of dispute within a reasonable time, including requesting further information from you (if required);
3. you must respond to any requests we make for further information as soon as possible; and
4. we will use our best endeavours, and act reasonably at all times, to resolve the Dispute in a timely manner.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of Queensland.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Notices: Any notice given under these Terms must be in writing addressed to us via the customer feedback form  detailed in clause 34 of these Terms or to you at the address you have provided. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.