Terms & Conditions San Francisco

These Terms and Conditions (hereinafter the “Conditions”) govern the use of, registration to and online services proposed by DFS , accessible at the address: dfs.com (the “Site”).

 

The purpose of these Conditions is to define the rights and obligations between DFS and any non-commercial natural person aged at least 18, acting for their personal needs, who wishes to use the Site (the “User”) or make a purchase on the Site (the “Customer”). They specify, in particular, the conditions for ordering, payment and management of any returns of Products (as defined below) ordered by Customers.

 

These Conditions comprise this Preamble, the General Articles in Part A and the Articles in any subsequent Part which are expressed to apply to a particular country (a “Country Specific Part”). As such the supply and purchase of Products and the provision of services by DFS to Customers will be subject to this Preamble, Part A and the particular Country Specific Part in which those Products and services are supplied. Further and unless otherwise indicated, a reference to DFS in these Conditions is to be taken as a reference to DFS as defined in a Country Specific Part and a reference to the Site includes only that part of the Site which applies to the country in which those Products and services are supplied. If there is any conflict between any of the provisions in Part A and any of the provisions in a Country Specific Part the latter will prevail.

 

DFS may update or revise these Conditions from time to time and such updating and/or revisions will be effective immediately upon publication of the amended version (“New Terms”) on the Site.

 

Any order of Products made through the Site implies unreserved acceptance of these Conditions.

 

These Conditions may be supplemented by special conditions set out on the Site, in particular in the event of promotional operations, prior to any transaction with the Customer.

DFS agrees to sell products including household, fashion and accessory items (the “Products”) through the Site on the basis that any such sale and transfer of title will only occur when the Products are collected by the Customer instore.

 

The Products presented on the Site comply with legislation in force and standards applicable in the relevant jurisdiction. In the event that Products are withdrawn from the market for non-compliance, they will be withdrawn from the Site as soon as possible. Orders in progress will be automatically cancelled, with the Customer having no recourse for complaint regarding the cancellation.

 

In the usual course, the Customer may see the essential characteristics of the Products on the Site prior to placing their order. The main characteristics of the Products are presented on the Site, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products.

 

The photographs and graphics presented on the Site have no contractual force or effect and DFS cannot be held responsible for them.

 

The choice and purchase of Products is the sole responsibility of the Customer. The Customer is required to refer to the description of each Product in order to understand its properties and essential characteristics.

 

The contractual information set out in these Conditions is subject to validation by the Customer at the time they confirm the order at the latest.

Subject to any specific provision in a Country Specific Part, the Products are supplied at the Prices in force and are those which appear on the Site.

 

The Prices take into account any discounts that may be granted by DFS on the Site. Prices shown in the currency converter section are for reference only.

 

These Prices are firm and non-revisable as indicated on the Site at the time of the order. However, DFS reserves the right to modify Prices at any time without such modification affecting any order that has already been validated.

 

DFS carries out regular checks to verify that the Prices charged are correct. However, some prices may contain an error. If DFS finds a clerical price error in the order, the Customer will be informed as soon as possible. DFS reserves the right to cancel the order of the Product affected by a clerical price error. If the order has been paid for, the Customer will be refunded the amount paid.

3.1 - Placing the order

 

It is up to the Customer to select the Products they wish to order on the Site according to the following steps:

• The Customer adds the Products to their shopping bag;

• The Customer validates their shopping bag after checking and modifying its content, if required, by clicking on “checkout”;

• The Customer enters their personal details;

• The Customer selects either the duty-free or duty paid option and, if applicable, the Customer enters their international flight details;

• The Customer enters the contact details required for collection instore and then clicks on “continue”;

• If applicable, the Customer selects additional offers (for example, samples or gifts) and then clicks on “continue”;

• The Customer agrees to comply with the all applicable Country Specific Requirements, these Conditions and DFS’s Privacy Policy;

• The Customer states the type of credit card and the corresponding card numbers (or uses another payment method accepted by DFS);

• The Customer validates the billing address then clicks on “verify the order”;

• The Customer checks the summary of the order with all the information entered and validates the summary by clicking on “confirm the order” and proceeds to payment; and

• The Customer is redirected to the summary page with the order confirmation. An e-mail is sent to the Customer to confirm receipt of their order.

 

The Customer is advised to check the details of their order, the total amount and correct any errors before confirming it. It is their responsibility to verify the accuracy of the order, the information provided and immediately to report or rectify any errors with Customer Service.

 

DFS does not intend to sell the Products on the Site to professionals and other businesses, but only to consumers or non-professionals, for their personal needs.

 

DFS therefore reserves the right to refuse orders of a single Product in quantities that may reasonably exceed the personal needs of a Customer.

 

3.2 - Order validation

 

Product offers are valid as long as they appear on the Site and can be readily drawn from existing stock. Customers should be aware Product offers and certain Products may only be available in certain and specified countries.

 

DFS confirms the order by sending an e-mail to the Customer within a maximum of 1 (one) working day from the Customer confirming their order. Any order placed on the Site, validated by the Customer and confirmed by DFS, under the conditions and according to the methods described above, constitutes an agreement to sell between the Customer and DFS.

 

If for any reason there is total or partial unavailability of Products after the order is placed, the Customer will be informed by e-mail as soon as possible of the unavailability of the Products and of the partial or total cancellation of their order.

 

In the event of cancellation of the order by DFS:

• DFS Customer Service will contact the Customer by e-mail to inform them; and

• The order for the Products concerned will be cancelled and refunded by DFS.

 

3.3 – Customer to be liable

 

The Customer further acknowledges and agrees that if they do not comply with the Country Specific Requirements the Customer will be liable for all applicable taxes and duties on the Products including, but not limited to, value added taxes (VAT) and goods and services taxes (GST). The amount of all applicable taxes or duties for which the Customer is liable will be charged to their credit card or any other payment method used in addition to the displayed Price.

 

4.1 - Available payment methods

 

The Customer can pay for their order using the following means: Visa, Mastercard, WeChat Pay and Alipay and/or other payment methods available from time to time.

 

Transactions carried out on the Site are entrusted to the following secure online payment platform:

 

Adyen N.V. registered in the Netherlands under company number 34259528

Simon Carmiggeltstraat 6-50,

1011 DJ, Amsterdam,

The Netherlands

 

The Customer's credit card data (credit card number, expiration date, credit card identification (“CID”) and visual cryptogram) are transmitted by the service provider to the bank, using secure means guaranteeing their confidentiality with regard to third parties.

 

4.2 - Terms of payment

 

When placing an order, the Customer pays for the order by taking the following steps:

• The Customer indicates their means of payment with a credit card number, name of the holder of the credit card, the expiration date, CID and visual cryptogram (if applicable);

• The Customer enters the billing address;

• By clicking on “verify the order” the Customer confirms the details of the order; and

• The Customer validates their order and agrees to pay the price. The credit card used by the Customer will be debited upon validation of the order.

 

Another payment method used by the Customer and acceptable to DFS may be used, in which case the terms above also apply with any necessary changes or adaptations.

 

A payment order cannot be cancelled. Payment of the order by the Customer is irrevocable, without prejudice to any right the Customer may have under applicable and non-excludable consumer laws.

 

4.3 - Campaign against fraud and unpaid debts

 

DFS reserves the right, as part of its campaign against fraud and unpaid debts, to request additional information from the Customer during payment or to cancel or suspend an order.

 

4.4 – Electronic invoice:

 

An invoice, so far as necessary compliant with the revenue laws of the country from which the order was made and to which the Product is to be or has been delivered, will be issued to the Customer upon full payment of the order at the time of physically collecting the Products.

 

The transfer of ownership of the Products to the Customer will only take place after full payment of the price by the Customer.

 

Irrespective of the date ownership of the Products is transferred, transfer of the risks of loss and damage relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of DFS until the Customer takes physical possession of the Products.

6.1 - Conditions.

 

On a commercial basis, DFS refunds within 30 (thirty) days of the date of purchase, any complete Product, in its original packaging, in perfect condition, unused, unwashed, undamaged, unworn and, if applicable, accompanied by the prepaid return label associated with the order.

 

The refund will be made to the payment method used when ordering.

 

6.2 - Methods

• The Customer prepares the package and packs the Products concerned so that they are sufficiently protected during transport;

• The Customer contacts the Customer Service to arrange the practical details of the return; and

• DFS will check the returned merchandise within 2 (two) working days of receipt of the package.

 

Customers are advised that in certain countries Country Specific Requirements may require the return of Products to a DFS store and attendance at the DFS store by the Customer. Customers should contact Customer Service for further details.

 

6.3 - Verification of returned Products

 

A compliance check will be carried out for each refund request.

At the end of the check, and only if the return has been made in accordance with the stipulations of article 6.1 of the Conditions, DFS will make a refund to the payment method used when ordering, within a maximum period of 15 (fifteen) working days.

 

Returns that do not meet the stated conditions will not be accepted and will be returned to the Customer.

In the event of any difficulty occurring during the ordering or collection of the Products, the Customer may contact Customer Service (“Customer Service”), at clientservice@dfs.com or via the Live Chat function.

The DFS loyalty membership program (“LOYAL T by DFS” or “Program”) consists of four tiers: Loyal T, Jade, Prestige Ruby and Prestige Diamond. The benefits of the Program vary based on the tier, click here for more details.

 

Every account with at least one qualifying purchase in the 24-month membership cycle (“Membership Cycle”) that is not offset by a return, discount, refund or adjustment (“Qualifying Purchase”) is assigned a tier.

 

The LOYAL T by DFS membership card ("Card"), digital or physical, issued at the discretion of DFS, entitles LOYAL T by DFS members (“Members”) to the Program benefits and rewards determined by DFS from time to time, subject to these Conditions which DFS may update or revise anytime without notice.

 

8.1 - Eligibility

 

The Program is offered to Customers over 18 years old and LOYAL T cardholders (“Cardholders”) shall use the Card solely for personal and non-commercial purposes.

 

Cardholders shall only have one active account at any time and DFS reserves the right to merge, modify or cancel duplicated accounts belonging to the same Cardholder.

 

Cardholders will not be assigned a membership tier based solely on a purchase of tobacco products or alcoholic beverages in certain jurisdictions.

 

8.2 - Sign-up

 

The sign-up process can be made in store with the assistance of DFS’s sales associates or online, here (including through WeChat using a QR code available in-store).

 

Cardholders who sign-up to the Program through online channels will earn LOYAL T Points (“Points”) on their purchases on the same day. The Points will be credited to the Cardholder’s account within 7 (seven) working days.

 

8.3 - Changing tiers status and renewal

 

A Qualifying Purchase is recorded in the form of “Status Dollars” based on the net Qualifying Purchase amount (i.e. Qualifying Purchase amount less taxes, discounts, refunds, exchange rate and other adjustments) in the Cardholder’s Membership Cycle. For every 1 USD or equivalent spent, 1 Status Dollar is earned in the Cardholder’s membership account.

 

If the Cardholder has earned enough Status Dollars to qualify for a higher tier during the Membership Cycle, the change will occur within 7 days after the Cardholder’s Qualifying Purchase.

 

If the Cardholder does not earn enough Status Dollars to remain in the existing tier during the Membership Cycle, their tier will be downgraded to the next tier and the Status Dollars balance will be 0.

 

A change in tier will renew the Cardholder’s Membership Cycle for an additional 24 months from the month of change. Cardholders can check their tier status and Points balance on WeChat® or dfs.com here.

 

8.4 - Points earning

 

Cardholders can earn Points rewards on their purchases by presenting their Card at participating DFS and T Galleria stores worldwide. The sales associate in-store may ask to see the Cardholder’s valid photo ID to verify their identity. Click here for a list of participating brands and stores.

 

If the Cardholder did not present their Card at the time of purchase, DFS will credit their account with the missing Points within 6 weeks from the date of request upon presentation of their Card, sales receipt and proof of payment within 6 months from the date of purchase. No Points may be earned for purchases made more than 1 month prior to the Cardholder’s enrolment in the Program.

 

Points earned are based on the amount spent in USD after deducting taxes, discounts, the value of any Points or gift certificates/vouchers or any equivalent form of payment used in the transaction. Points earned from purchases made in DFS and T Galleria stores outside the U.S. are based on local currency converted to USD using a daily or monthly exchange rate of DFS local exchange rate partners. For France, the conversion Euros to U.S. dollars is based on the exchange rate from LCL plus markup. For Italy, the conversion Euros to U.S. dollars is based on the exchange rate from the Bank of Italy plus markup.

 

Cardholders cannot earn Points when purchasing services (e.g. restaurants, salon services, etc.), items from selected brands/boutiques, non-eligible categories such as Tobacco and Liquor, any fees or taxes or any portion of their purchase made using Points or gift cards/certificates.

 

Points will be credited to the Cardholder’s account within 7 working days from the Qualifying Purchase. The Cardholder will earn Points for every 1 USD of a Qualifying Purchase. The number of Points they receive is based on their membership tier:

 

Membership tier	Points per US1 Dollar spent on a qualifying purchase*
Prestige Diamond	4
Prestige Ruby	2
Jade	1
Loyal T	1 (only on Beauty products)

* exclusions apply, please ask sales associates in store for details.

 

The number of Points credited to the Cardholder’s account is calculated by multiplying their Qualifying Purchase in US Dollars or, for purchases made in DFS and T Galleria stores outside the U.S., in the local currency converted at the exchange rate stated above, with the Points multiplier based on the Cardholder’s membership tier. When the Cardholder returns a purchase, the same calculation is used to determine the number of Points that will be removed from their outstanding Points balance.

 

Points earned for a purchase made on dfs.com or WeChat® will be issued within 24 hours after the order is fulfilled and collected in participating stores upon presentation of the Cardholder’s Card.

 

8.5 - Points redemption

 

500 LOYAL T Points = 5 USD of net Qualifying Purchase*

(*i.e., Qualifying Purchase less amount less taxes, discounts, refunds and other adjustments).

 

Cardholders can redeem Points directly on a transaction with a minimum of 500 Points except for redemption of Points vouchers which requires a minimum of 1000 Points to be redeemed. Redemption can only be done in multiples of 100 Points.

 

Points can be used to purchase merchandise at participating T Galleria and DFS stores worldwide. Click here for a list of participating stores and brands.

 

Points cannot be redeemed for any reservation on DFS online Platforms or WeChat Mini Programs (except DFS Hong Kong and Macau WeChat Mini Programs).

 

The Cardholder must present their Card when they use the Points to purchase merchandise at any of the Participating Stores, or when they collect the products reserved via DFS Hong Kong or Macau WeChat Mini Program at the Participating Store they selected. The sales associate in-store may ask to see the Cardholder’s valid photo ID to verify their identity.  Redeemed Points cannot be restored and Points earned are non-transferable and not exchangeable for cash.

 

Points can only be redeemed by the Cardholder presenting the Card in person. DFS will not be responsible for any Points claimed to have been redeemed by any person other than the Cardholder. DFS’s records shall be conclusive as to the Point balance or deficit in the Cardholder’s account.

 

8.6 - Deduction of Points for refunds

 

If the Cardholder returns a product for which Points were earned, DFS reserves the right to deduct from their account the number of Points earned in the original purchase transaction. If the Cardholder does not have sufficient outstanding Points to accommodate the returned purchase, or their latest account Point balance is negative, the store will process an exchange instead of a refund.

 

Transactions paid for by using Points, gifts or Point vouchers in full or in part are not eligible for monetary refunds. Only a product exchange of equal value will be allowed for such transactions.

 

8.7 - Points expiry and account termination

 

LOYAL T Tier Member accounts will be made inactive if the Cardholders fail to make a Qualifying Purchase within the Membership Cycle. LOYAL T Tier Member accounts will be reactivated automatically whenever a Qualifying Purchase is made. Cardholders belonging to other tiers will downgrade to the next tier if they fail to make qualifying purchases according to their existing tiers’ criteria for renewal.

 

Points credited to the Cardholder’s account are valid for 24 months from date of Qualifying Purchase.

 

the Cardholder’s membership can be terminated by them anytime. DFS may terminate their membership and associated accounts at any time if they breach these Conditions or in the event of suspected fraud. Upon termination, all accumulated and unredeemed Points shall be forfeited.

 

8.8 - Points Exceptions

 

Points cannot be earned or redeemed for purchases at certain brands/boutiques or to purchase certain branded products even at participating DFS and T Galleria stores. The same applies for redemption of LOYAL T Point Vouchers which may be used only to purchase items from selected participating brands. Click here for a list of participating stores and brands.

 

Selected items are not eligible for earning and/or redeeming Points. Please check with sales associates in-store for the list of exclusions. 

 

Points cannot be earned or redeemed when an account is suspended, discontinued and / or terminated or in conjunction with any purchase for which another promotional discount or offer is accepted by DFS. Such other promotions include, but are not limited to, those associated with or sponsored by airlines, hotels, credit card issuers, travel agencies or any other DFS partners.

 

Points cannot be earned and no Points, LOYAL T Points Vouchers and/or gift certificates can be redeemed for the purchase of tobacco (including cigars) and for the purchase of alcoholic beverages (where applicable laws prohibit such earing/redemption or if DFS decides in its sole discretion not to allow such earning and/or redemption in any such jurisdiction(s)).

 

Points cannot be earned on products purchases that are determined to exceed the following “Reasonable Use Guidelines” that are subject to change by DFS at any time without notice: Beauty purchases may not exceed 6 pieces per item or 24 pieces per month. Watches & jewellery purchases may not exceed 3 pieces per item for any brand or more than 4 transactions per month. Fashion purchases may not exceed 3 pieces per item, sales exclusions apply. Any misuse of the Card that does not comply with the Reasonable Use Guidelines may result in the permanent termination of the Cardholder’s membership to the Program, resulting in the loss of all Points earned, without any right to compensation.

 

8.9 – Privacy and Data Protection

 

By completing the Customer Enrolment Form and submitting it to DFS, the Cardholder agrees to provide their personal information voluntarily for the purposes of processing their enrolment in the Program and to enable DFS to provide them with benefits and services under the Program. The Cardholder has the right to request access to and correct their personal information. Please refer to the DFS Privacy Policy posted on the relevant DFS Platform for details.

 

DFS intends to use and transfer the Cardholder’s personal information for (i) direct marketing and (ii) market research, but only if the Cardholder consents. By providing their personal information on the Customer Enrolment Form, submitting the Customer Enrolment Form to DFS and ticking the box provided on the Customer Enrolment Form “I consent to my personal data being used for direct marketing and other purposes as described in Privacy Policy listed at dfs.com website”, the Cardholder consents that:

• DFS may use the personal information that they have provided for direct marketing, that is, DFS may contact the Cardholder about news, events and promotions related to DFS stores, the customer LOYAL T Program and the following products and services: watches, jewelry, perfume and cosmetics, fashion and accessories, food and alcoholic beverages;

• DFS may transfer the Cardholder’s personal information to any DFS Group companies for use by them in direct marketing for the above products and services; and

• DFS may send the Cardholder’s personal information to a market research company engaged by DFS, by transmission of electronic data or submission of documents, for the purpose of consumer research and that the market research company may contact the Cardholder for such consumer research purpose.

The Cardholder may withdraw their consent to the use of their personal information for direct marketing and/or to be contacted for consumer research at any time by emailing dpo@DFS.com, or by writing to DFS at: DFS Group Limited, Attn: Data Protection Officer, 8/F, Chinachem Golden Plaza, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong.

 

8.10 - Liability  

 

DFS shall not be liable for any non-performance of the Program, if the non-performance is attributable to the Cardholder or to an event of force majeure. In the event of a dispute over the number of Points accumulated, only the information contained in the DFS database will be considered authentic, unless proven otherwise.

LOYAL T status dollars and Points will not be accumulated when purchasing T Galleria by DFS Gift Cards (“GCs”) LOYAL T members will be eligible to earn LOYAL T Status Points when using GC to make payment.

 

GCs cannot be used in conjunction with privilege discounts. Promotions do not apply to GCs unless specified.

 

GCs may not be redeemed for the purchase of regulated products such as tobacco and liquor where applicable law prohibits such redemption, or if DFS decides in its sole discretion not to allow such redemption, in any location(s) from time to time. 

 

DFS is not responsible if any GC is lost, stolen, destroyed or used without the Cardholder's permission. GCs will not be replaced if lost or stolen. Damaged or defaced GCs will be accepted if they are still readable by the card reader but will not be replaced. DFS may, in its sole discretion, refuse to accept and/or cancel any GC where it has reasons to believe that the GC has been stolen or fraudulently tampered with, or if there is a dispute over ownership of the GC. Any unused balance on the GC at the time of cancellation will not be refunded.

 

Purchase and/or use of the GCs entails the full acceptance of these Conditions, which have been made available upon purchase of GCs, and which are also available at DFS and T Galleria stores and/or on relevant DFS Platforms. DFS reserves the right to change these Conditions from time to time without notice. Please refer to relevant DFS Platform for updates. DFS’s interpretation of any of these terms and conditions shall be final.

 

GCs are redeemable in full or as partial payment for goods sold in T Galleria by DFS and DFS Airport stores in the city where such GCs were issued, excluding select brands and products, if any, as determined by DFS from time to time in its sole discretion.

 

Value: Adding value to GCs after purchase is not allowed.

 

Validity Period: GCs are generally valid for a fixed term of 12 months but that may vary from country to country and on subsequent reviews of the Program. No notice will be given of the expiry of GCs and any unused balance will be forfeited. GCs are not effective after their expiration date and cannot be reactivated for future use.

 

Expiration Date: The expiration date and balance of GCs can be checked by visiting any T Galleria by DFS Stores in the city where it was issued.

 

No Cash Value: GCs cannot be redeemed, returned or refunded for cash, or otherwise be resold or transferred for consideration, subject to any limitations under applicable law.

 

The content of the Site is the property of DFS. All the elements published on the Site, such as sounds, images, photographs, videos, text, animations, programs, graphic charter, databases, software, and other underlying technology are protected by applicable intellectual property laws and all rights in such elements, including applicable intellectual property rights, belong to and will remain the property of DFS or, where applicable, have been duly granted to them.

 

Any partial or total reproduction of such content is strictly prohibited and is liable to constitute an infringement of copyright or trade mark and in more serious cases counterfeiting and piracy.

 

DFS acknowledges that the personal data requested from the Customer will only be collected and used so far as necessary for the processing of their order and in the preparation of invoices and sales documentation.

 

With the Customer’s consent, DFS may also collect information which identifies the Customer for use in DFS’s future promotions and marketing.

 

The Customer has, in accordance with applicable privacy law, a permanent right of access, modification, rectification, opposition, portability and limitation of processing of any information concerning them.

 

This right can be exercised under the conditions and according to the methods defined in DFS’s Data Protection Policy.

 

DFS cannot be held responsible under the obligations of these Conditions in the event that the non-performance of its obligations is attributable to a third party, even if foreseeable, or is due to the fault of the User or the Customer, or the occurrence of force majeure (being any circumstance beyond the reasonable control of a party which means that party cannot perform its or their obligations under the Conditions), or any other event that was not reasonably under the exclusive control of DFS.

 

DFS declines all responsibility for direct or indirect damage, whether foreseeable or not, caused during the use of the Site, it being understood that DFS will in no case be held responsible for any malfunction of the Site due to maintenance, technical problems, congestion of the Internet network or failure of any other remote transmission system which could prevent the Site from functioning.

 

In the event that DFS should be held liable for damage suffered by the Customer and attributable exclusively to the placing of an order, this is limited to the amount of the order paid by the Customer to DFS.

 

13.1 - Modifications

 

DFS reserves the right to modify these Conditions without notice.

 

Any modification of these Conditions is enforceable on the users of the Site when put on line and cannot apply to transactions concluded previously.

 

The version of these Conditions applicable to the Customer's purchase is that in force on the Site on the date the relevant order is validated.

 

13.2 - Partial invalidity

 

If any provision of these Conditions is held to be invalid, illegal or unenforceable, the Conditions take effect so far as possible as if they did not include that provision. 

 

13.3 - Convention of proof

 

It is expressly agreed that DFS, the User and/or Customer (the “Parties”) may communicate with each other electronically or by telephone via the Site’s Customer Service, for the purposes of these Conditions. Technical security measures comply with the intended uses to ensure the confidentiality of the data exchanged.

 

The Parties agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular with regard to the transmission and acceptance of orders.

 

13.4 – References to DFS

 

A reference to DFS in Part A of these Conditions includes DFS Group Limited with its office at 8/F, Chinachem Golden Plaza, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong and its affiliates.

 

 

This Part B will only apply to Users and Customers who use services and purchase Products in Australia. 

 

1- DEFINITIONS

 

In these Conditions and unless otherwise specified: 

 

Country Specific Requirements: means all applicable Australian requirements relating to consumer protection, customs, excise, border protection and taxation and, in particular, the need for Customers to sign a Sealed Bag Declaration. 

 

DFS: means the entity DFS Australia Pty Ltd (ACN 002 625 809) located at 155 George St, The Rocks, Sydney NSW 2000. 

 

Price: means the prices which appear on the Site. They are expressed in Australian Dollars and, by default, are exclusive of all taxes and duties. If the Customer is not eligible to purchase duty-free products, the Customer must click the “duty-paid” toggle on the top right of the Site to see prices inclusive of all applicable taxes and duties.

 

Sealed Bag Declaration: means a declaration for the purposes of item 2 in the tables in sections 2 and 3 of Schedule 1 of the A New Tax System (Goods and Services Tax) Regulations 2019.

 

Traveller’s Statement: means the statement contained in the Sealed Bag Declaration for the purposes of item 2 in the tables in sections 2 and 3 of Schedule 1 of the A New Tax System (Goods and Services Tax) Regulations 2019.

 

2- DUTY-FREE EXPORTS PROCESS

 

A Customer is eligible to place an order for duty-free Products if the Customer agrees that it will do the following, which are the Customer’s responsibility: 

• At the time of an online order placement whether online or instore, advise DFS of their intent to leave Australia with the Products within 60 days of collecting the Products, and provide international flight details. 

• Present their international travel documentation and passport at the time of physically collecting the Products, showing their intent to leave Australia within 60 days. 

• Sign a credit card authorisation, Traveller’s Statement and Sealed Bag Declaration at the time of physically collecting the purchased Products. 

• Comply with the terms set out in the Sealed Bag Declaration.

• Not open or tamper with the sealed bag containing the purchased Products until the Customer has departed Australia; and

• Take the Products with them when they leave Australia within 60 days of collecting the Products. 

 

If the Customer has placed an order for duty-free Products and DFS becomes aware that the Customer has not complied with this Article 2 in any way, Article 3.3 of Part A will apply. 

 

3- COLLECTION

 

The Customer will be required to pick up the Products instore and to pay the remaining balance on the Products for title in the Products to transfer. This may require the Customer to provide travel documentation, passport and/or other identification, sign the Sealed Bag Declaration and to follow the steps set out in Article 2 Part B above. 

 

If the Customer does not collect the Product(s) on the pick-up date and within 7 days after the pick-up date, such order will be cancelled and DFS will refund the Customer within 7 days from the cancellation. 

 

4- STATUTORY GUARANTEES

 

 

The Products sold on the Site comply with non-excludable statutory guarantees in force in Australia and, in particular but without limitation, benefit from the following guarantees:

 

4.1 - Guarantee as to acceptable quality

 

Subject to section 54 of the Australian Consumer Law, the Products supplied to the Customer are of acceptable quality which means they are as fit for all purposes which goods of that kind are commonly supplied, acceptable in appearance and finish, free from defects, safe and durable having regard among other matters to the nature of the Products, their price, statements on any packaging, any representations made about them by DFS or the manufacturer and other relevant circumstances. 

 

4.2 - Guarantee as to fitness for purpose

 

Subject to section 55 of the Australian Consumer Law, the Products supplied to the Customer are fit for any disclosed purpose and any purpose for which DFS or the manufacturer represents they are reasonably fit.

 

4.3 – Guarantee relating to the supply of Products by description

 

Subject to section 56 of the Australian Consumer Law, the Products supplied to the Customer by description (including by way of display on the Site) fit that description.

 

4.4 - Return of a defective or non-compliant Product

 

In the event of a defective or non-compliant Product, the Customer may contact Customer Service. After opening a claim, the Customer will if they wish to do so return the Product in accordance with Article 6.2 Part A of these Conditions.

 

DFS will confirm if it accepts the claimed defect or non-compliance of a returned Product falls within one of the statutory guarantees referred to above or otherwise prescribed by the Australian Consumer Law within a reasonable period of time and, if applicable, will apply the guarantee invoked.

 

4.5 – Express warranties by manufacturers

 

These statutory guarantees apply independently of any express warranty granted by the manufacturer of particular Products.

 

4.6 – No further guarantees

 

Except as expressly set out or referred to in these Conditions and subject to any guarantees, warranties and conditions that by applicable law may not be excluded all guarantees, warranties, conditions, terms and obligations expressed or implied by law or otherwise relate to the performance of DFS’s obligations under these Conditions or any Products supplied or to be supplied are excluded and the rights set out in this Article 4 Part B are the sole and exclusive remedy of the Customer with respect to defective Products. 

 

5- PROTECTION OF PERSONAL DATA

 

The collection and processing of Customer’ personal data by DFS in Australia is detailed in the Privacy Policy and is subject to the Privacy Act 1998 (Cth). 

       

6- APPLICABLE LAW AND JURISDICTION

 

These Conditions are subject to and governed by the laws in force in New South Wales, Australia. In the absence of an amicable settlement of any dispute, the Parties agree to submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. 

 

 

This Part C will only apply to Users and Customers who use services and purchase Products in Hong Kong. 

 

1 – DEFINITIONS

 

In these Conditions and unless otherwise specified: 

 

Country Specific Requirements: means all applicable requirements relating to customs, excise, border protection and taxation in Hong Kong. 

 

DFS: means the entity DFS Group Limited located at 8/F Chinachem Golden Plaza, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong 

 

Price: means the prices which appear on the Site. They are expressed in Hong Kong Dollars and are inclusive of any applicable sales and other duties and taxes. 

 

2 – ORDERING

 

It is up to the Customer to select the Products they wish to order on the Site according to the following steps:

• The Customer adds the Products to their shopping bag;

• The Customer enters their personal details (such as the name, surname, date of birth, e-mail address, and mobile number);

• To pick up the order directly from any T Galleria by DFS, Hong Kong Stores, The Customer selects “Click & Collect”. 

• Home delivery is only available to addresses located in Hong Kong;

• The Customer validates their shopping bag after checking and modifying its content, if required, by clicking on “checkout”;

• The Customer agrees to comply with the all applicable Country Specific Requirements, these Conditions and DFS’s Privacy Policy; 

• The Customer states the type of credit card and the corresponding card numbers (or uses another payment method accepted by DFS);

• An e-mail or SMS is sent to the Customer to confirm receipt of their order (“Order Confirmation”);

• For Click & Collect, orders may be cancelled at any time by contacting our Customer Service Team via the Live Chat function. Cancellation is free of charge;

• DFS may decline or cancel an order at any time prior to pick-up of the order for any of the following reasons: (a) your ineligibility to order the products according to these Conditions; (b) the unavailability of any Products that you ordered; (c) if the information you provided is incomplete or inaccurate in any respect; or (d) the Product description, including price, is incorrect in any respect;

• If DFS declines or does not accept an order, the payment will not be charged. DFS will process a refund to the payment method for the purchased amount;

• DFS shall have no liability and you will have no claim against DFS if DFS declines, cancels, does not accept or revokes the acceptance of your order

 

3 – INSTORE COLLECTION

 

The Customer will be required to pick up the Products instore at the collection counter of the applicable T Galleria by DFS Hong Kong Store at the date indicated in the Order Confirmation. 

 

The Customer must bring along the Order Confirmation to pick up the order. This may require the Customer to provide an ID.

 

If the Customer does not collect the Product(s) within 72 hours from the scheduled pick-up time, such order will be cancelled and DFS will refund the Customer for the purchase price in Hong Kong Dollars via the original payment method. 

 

For peak seasons and special occasions (e.g. Valentine's Day, Mother's Day), pricing, order cut-off times, pick-up times may be adjusted at the discretion of DFS. Adverse weather conditions (e.g. Typhoon 8) may cause a delay in the delivery of your order to the collection DFS’ Hong Kong Store.

 

4 – STATUTORY GUARANTEES

 

The Products sold on the Site comply with non-excludable statutory guarantees in force in Hong Kong and, in particular but without limitation, benefit from the following guarantees:

 

4.1 - Guarantee as to merchantable quality

 

Subject to section 16 of the Hong Kong Sales of Goods Ordinance, the Products supplied to the Customer are of merchantable quality which means they meet the standards that a reasonable person would regard as satisfactory, taking account of any description of the Products, the price and all other relevant circumstances. The quality of Products includes their appearance and finish, their safety and their durability. Products must be free from defects, even minor ones, except where these defects have been brought to your attention by DFS.

 

4.2 - Guarantee as to fitness for purpose

 

Subject to section 16 of the Hong Kong Sales of Goods Ordinance, the Products supplied to the Customer are fit for any disclosed purpose and any purpose for which DFS or the manufacturer represents they are reasonably fit.

 

4.3 – Guarantee relating to the supply of Products by description

 

Subject to section 17 of the Hong Kong Sales of Goods Ordinance, the Products supplied to the Customer by description (including by way of display on the Site) fit that description.

 

4.4 - Return of a defective or non-compliant Product

 

In the event of a defective or non-compliant Product, the Customer may contact Customer Service. After opening a claim, the Customer will if they wish to do so return the Product in accordance with Article 6.2 Part A of these Conditions.

 

DFS will confirm if it accepts the claimed defect or non-compliance of a returned Product falls within one of the statutory guarantees referred to above or otherwise prescribed by the Hong Kong Sales of Goods Ordinance within a reasonable period of time and, if applicable, will apply the guarantee invoked.

 

4.5 – Express warranties by manufacturers

 

These statutory guarantees apply independently of any express warranty granted by the manufacturer of particular Products.

 

4.6 – No further guarantees

 

Except as expressly set out or referred to in these Conditions and subject to any guarantees, warranties and conditions that by applicable law may not be excluded all guarantees, warranties, conditions, terms and obligations expressed or implied by law or otherwise relate to the performance of DFS’s obligations under these Conditions or any Products supplied or to be supplied are excluded and the rights set out in this Article 4 Part C are the sole and exclusive remedy of the Customer with respect to defective Products. 

 

 

5 – APPLICABLE LAW AND JURISDICTION

 

These Conditions are subject to and governed by the laws in force in Hong Kong Special Administrative Region of the People's Republic of China. In the absence of an amicable settlement of any dispute, the Parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

This Part D will only apply to Users and Customers who use services and purchase Products in Europe. 

 

1– PRIVACY AND DATA PROTECTION

 

DFS as "Data Controller" within the meaning of the European General Data Protection Regulation (EU 2016/679), is committed to protecting the Customers’ personal data. DFS will process Customers data for the performance of the Loyal T Program, to comply with any legal obligations, or on the basis of our legitimate interest, such as to conduct research, and statistical analysis in relation to our Products. 

 

With the Customer’s consent, which is free and facultative, DFS may also use Customer’s data for marketing purposes, or to send you communications. In this circumstance, on the basis of our legitimate interest, DFS will perform an automated processing of the Customer’s data for the purposes of analysis & communications based on the Customer’s shopping preferences and interest, where Customers have consented to receive such communications. 

 

The Data Controller may communicate the Customer’s personal data to other companies of the DFS Group, including DFS Italia S.r.L and DFS France SAS, or other trusted third parties (for example banks, other entities for corporate transactions and extraordinary operations, providers of consultant, professional and technical services necessary to achieve the above purposes, etc.), which may include recipients in non-EU countries. For more information on how and why DFS use your information, including the retention period, and the rights in relation to your data, please go to our Privacy Policy, or ask for a copy of our extended notice in the Store. You might also contact our DPO at dpofrance@dfs.com or dpo@dfs.com.

 

2– ITALY

 

In this Article, “DFS” means the entity DFS Italia S.r.L, located at Sestiere Castello 6073 CAP 30122 Venezia, Italy  

 

These Conditions are subject to and governed by the laws in force in Italy. In the absence of an amicable settlement of any dispute, the Parties agree to submit to the exclusive jurisdiction of the courts of Venice. The above is without prejudice to your right, as a consumer, to alternatively seek remedies before the courts in your place of residence or domicile.

 

As an alternative to Court proceedings, you should note that in case you are acting as a consumer and a dispute arises between you and DFS Italia S.r.L, the European Commission makes available the Online Dispute Resolution platform for settling disputes out of Court (Art. 14, par. 1 of EU Regulation 524/2013). If you are acting as a consumer, you can make a complaint at the following link: http://ec.europa.eu/consumers/odr. The email address to be inserted in the Online Dispute Resolution platform is dfs.legal@dfs.com.

 

3– FRANCE 

 

In this Article, DFS means the entity DFS France SAS, located at 21 rue de La Monnaie 75001, France  

 

3.1 – Member Benefits in Samaritaine Paris Pont-Neuf

 

Exchange without checkout receipt

 

Members may return merchandise bought at Samaritaine in its original packaging for exchange at Samaritaine within 30 days of purchase by presenting valid Membership Card (digital or physical) used for the purchase as proof in person. 

• Exchanges are not allowed for any used, worn, altered, consumed or damaged items, or any merchandise that concerns personal hygiene.

• Exchange will be offered based on the purchase record in LOYAL T membership account.

 

Free personal styling session

 

Jade Members or above are entitled to 1 free styling session of up to 2 hours per calendar year at Samaritaine. Advanced reservation is required and subject to availability at the time of reservation. Reservation can be rescheduled or cancelled up to 48 hours prior to the reserved date. Such benefit cannot be carried forward to the next calendar year and will be forfeited for any unused session.

 

Free alterations

 

Members can enjoy free alterations for any purchases (except sale items and promotional items) made at Samaritaine by presenting valid Membership Card. Details of alteration services is available at Concierge in store. Refund and exchange are not allowed for any altered items.

 

	LOYALT	Jade	Prestige Ruby	Prestige Diamond
Simple alteration	✔	✔	✔	✔
Complex alteration		✔	✔	✔
Specific alteration				✔
Express			✔	✔

 

Free express delivery in Paris (intra-muros)

 

LOYAL T Members with in-store purchase of €200+ and Jade Members or above with any in-store purchase made at Samaritaine will enjoy free delivery within Paris intra-muros by presenting valid Membership Card. For delivery schedule and details, please contact sales associates in store.

 

Free parking

 

Jade Members or above with in-store purchase of €100+ at Samaritaine can enjoy a single 2-hour Free Parking on the same day at the Indigo Louvre-Samaritaine parking lot :1 place du Louvre, 75001 Paris, France. Members can redeem a single 2-hour same-day free parking voucher at the Customer Relations desk Pont-Neuf by presenting the same-day original sales receipt and valid Membership Card. Each Member can only redeem and cons-ume the Free Parking once per day.

 

3.2 – Applicable Law and Jurisdiction

 

These Conditions are subject to and governed by the laws in force in France. In the absence of an amicable settlement of any dispute, the Parties agree to submit to the exclusive jurisdiction of the courts of Paris.

 

This Part E will only apply to Users and Customers who use services and purchase Products in New Zealand.

 

ARTICLE 1 – DEFINITIONS

 

In these Conditions and unless otherwise specified:

Consumer Guarantees Act: means the Consumer Guarantees Act 1993 (NZ).

Country Specific Requirements: means all applicable New Zealand requirements relating to consumer protection, customs, excise, border protection and taxation.

DFS: means the entity DFS New Zealand Limited (327972) located at Cnr Customs & Albert Streets, Auckland City 1010 New Zealand.

Price: means the price of each Product which appears on the Site. Those prices are expressed in New Zealand Dollars and, by default, are exclusive of all taxes and duties. If a Customer is not eligible to purchase duty-free products, the Customer must click the “retail” toggle on the top right of the Site to see what price applies and whether it includes applicable taxes and duties. Usually, displayed retail prices will include applicable duties but will not include GST. Even so, Customers purchasing Products displayed on the Site who are not eligible to purchase duty-free products will be required to pay GST at the time of purchase in addition to the displayed retail price of those Products. A reference then to the Price of such Products will in that context be taken to include GST.

The Collection Point: means the departures collection point in the international terminal at Auckland airport, which is the pick-up point for purchases of Products made at DFS.

 

ARTICLE 2 – DUTY FREE EXPORTS PROCESS AND AIRPORT COLLECTION

 

A Customer is eligible to place an order for duty-free Products if the Customer agrees that it will do the following, which are the Customer’s responsibility:

1. At the time of order placement whether online or instore, advise DFS of their intent to leave New Zealand with the Products within 90 days of collecting the Products and provide international flight details;

2. Present their international travel documentation and passport at the time of collecting the Products at The Collection Point; and

3. Take the Products with them when they leave New Zealand.

 

If the Customer does not collect the Products on the nominated pick-up date or within 7 days after the pick-up date, such order will be cancelled and DFS will refund the Customer within 7 days from the cancellation.

 

ARTICLE 3 – ORDERING AND PAYMENT

 

For the purposes of Articles 1 and 5 Part A of these Conditions, it is acknowledged that the transfer of title and ownership of the Products takes place on full payment of the Price by the Customer and that risk in the Products remains with DFS until the Products are collected by the Customer at The Collection Point.

For the purposes of Article 3 Part A of these Conditions it is acknowledged that:

1. The reference to “collection instore” in step 5 of Article 3.1 Part A does not apply and that Products may only be collected by a Customer at The Collection Point; and

2. If a deposit is paid and the order confirmation referred to in step 11 of Article 3.1 Part A refers to a requirement to pay the balance of the Price of a particular Product, that balance will be paid by the Customer physically attending DFS’s store and cannot be paid at The Collection Point.

 

ARTICLE 4 – STATUTORY GUARANTEES

 

DFS sells and advertises its Products in the course of trade and accordingly Customers of Products sold on the Site are entitled to the benefit of certain non-excludable statutory guarantees in force in New Zealand including without limitation the following guarantees:

 

4.1 - Guarantee as to acceptable quality

 

Subject to section 6 of the Consumer Guarantees Act, the Products supplied to the Customer are of acceptable quality which means they are as fit for all purposes which goods of that type are commonly supplied, acceptable in appearance and finish, free from minor defects, safe and durable having regard among other matters to the nature of the Products, their price, statements on any packaging, any representations made about them by DFS or the manufacturer, and other relevant circumstances.

 

4.2 - Guarantee as to fitness for purpose

 

Subject to section 8 of the Consumer Guarantees Act, the Products supplied to the Customer are reasonably fit for any particular purpose the Customer makes known to DFS and any for any particular purpose for which DFS or the manufacturer represents they are or will be fit.

 

4.3 – Guarantee relating to the supply of Products by description

 

Subject to section 9 of the Consumer Guarantees Act, the Products supplied to the Customer by description (including by way of display on the Site) correspond with that description.

 

4.4 - Return of a defective or non-compliant Product

 

In the event of a defective or non-compliant Product, the Customer may contact Customer Service. After opening a claim, the Customer will if they wish to do so return the Product in accordance with Article 6.2 Part A of these Conditions.

DFS will confirm if it accepts the claimed defect or non-compliance of a returned Product falls within one of the statutory guarantees referred to above or otherwise prescribed by the Consumer Guarantees Act within a reasonable period of time and, if applicable, will apply the guarantee invoked.

 

4.5 – Express warranties by manufacturers

 

These statutory guarantees apply independently of any express warranty granted by the manufacturer of particular Products.

 

4.6 – No further guarantees

 

Except as expressly set out or referred to in these Conditions and subject to any guarantees, warranties and conditions that by applicable law may not be excluded, all guarantees, warranties, conditions, terms and obligations expressed or implied by law or which otherwise relate to the performance of DFS’s obligations under these Conditions or any Products supplied or to be supplied are excluded and the rights set out in this Article 4 Part E are the sole and exclusive remedy of the Customer with respect to defective and non-compliant Products.

ARTICLE 5 – PROTECTION OF PERSONAL DATA

 

The collection and processing of Customers’ personal data by DFS in New Zealand is detailed in the Privacy Policy and is subject to the Privacy Act 2020 (NZ).

 

ARTICLE 6 – APPLICABLE LAW AND JURISDICTION

 

These Conditions are subject to and governed by the laws in force in New Zealand. In the absence of an amicable settlement of any dispute, the Parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.